Smanjenje rizika od požara

November 16, 2016

<part xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="part-I"><num>Part I</num><heading> The Channel Tunnel Rail Link</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-works"><heading> Works</heading><section eId="section-1"><num>1</num><heading> Construction and maintenance of scheduled works.</heading><subsection eId="section-1-1"><num>(1)</num><intro>The nominated undertaker may construct and maintain the works specified in Schedule 1 to this Act (“<term refersTo="#term-the-scheduled-works" eId="term-the-scheduled-works">the scheduled works</term>”), being—</intro><level class="para1" eId="section-1-1-a"><num>(a)</num><content>works for the construction of a railway between <abbr title="Saint">St.</abbr> Pancras in London and the Channel Tunnel portal at Castle Hill, Folkestone, Kent,</content></level><level class="para1" eId="section-1-1-b"><num>(b)</num><content>works consequent on, or incidental to, the construction of the works mentioned in paragraph (a) above, and</content></level><level class="para1" eId="section-1-1-c"><num>(c)</num><content>works which can conveniently be carried out at the same time as works included in paragraph (a) or (b) above.</content></level></subsection><subsection eId="section-1-2"><num>(2)</num><content>Subject to subsection (3) below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.</content></subsection><subsection eId="section-1-3"><num>(3)</num><intro>In constructing or maintaining any of the scheduled works, the nominated undertaker may—</intro><level class="para1" eId="section-1-3-a"><num>(a)</num><content>deviate laterally from the lines or situations shown on the deposited plans to any extent within the limits of deviation for that work so shown, and</content></level><level class="para1" eId="section-1-3-b"><num>(b)</num><intro>deviate vertically from the level shown for that work on the deposited sections—</intro><level class="para2" eId="section-1-3-b-i"><num>(i)</num><content>to any extent not exceeding 3 metres upwards, and</content></level><level class="para2" eId="section-1-3-b-ii"><num>(ii)</num><content>to any extent downwards.</content></level></level></subsection></section><section eId="section-2"><num>2</num><heading> Further and supplementary provisions.</heading><content>Schedule 2 to this Act (which contains further and supplementary provisions about works) shall have effect.</content></section><section eId="section-3"><num>3</num><heading> Highways.</heading><content>Schedule 3 to this Act (which makes provision in relation to highways in connection with the works authorised by this Part of this Act) shall have effect.</content></section></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-land"><heading> Land</heading><section eId="section-4"><num>4</num><heading> Acquisition within limits shown on deposited plans.</heading><subsection eId="section-4-1"><num>(1)</num><intro>The Secretary of State is authorised by this section to acquire compulsorily—</intro><level class="para1" eId="section-4-1-a"><num>(a)</num><content>so much of the land shown on the deposited plans within the limits of deviation for the scheduled works as may be required for or in connection with the works authorised by this Part of this Act, and</content></level><level class="para1" eId="section-4-1-b"><num>(b)</num><content>so much of the land so shown within the limits of land to be acquired or used as may be so required.</content></level></subsection><subsection eId="section-4-2"><num>(2)</num><content>Without prejudice to the generality of subsection (1) above, the purposes for which land may be acquired under that subsection include, in the case of so much of any land specified in columns (1) and (2) of Part I of Schedule 4 to this Act as is within the limits of land to be acquired or used, the purpose specified in relation to that land in column (3) of that Part as one for which that land may be acquired or used.</content></subsection><subsection eId="section-4-3"><num>(3)</num><content>Part II of Schedule 4 to this Act (application of legislation relating to compulsory purchase) and Part III of that Schedule (supplementary provisions) shall have effect.</content></subsection></section><section eId="section-5"><num>5</num><heading> Acquisition outside limits shown on deposited plans.</heading><subsection eId="section-5-1"><num>(1)</num><content>The Secretary of State may acquire compulsorily land outside the relevant limits which is required for or in connection with the works authorised by this Part of this Act.</content></subsection><subsection eId="section-5-2"><num>(2)</num><intro>Without prejudice to the generality of subsection (1) above, the land which may be compulsorily acquired under that subsection shall include land which is or will be required—</intro><level class="para1" eId="section-5-2-a"><num>(a)</num><content>for use in mitigating the effect on the environment of any of the works authorised by this Part of this Act,</content></level><level class="para1" eId="section-5-2-b"><num>(b)</num><content>for use in relocating apparatus which it is expedient to divert or replace in consequence of the carrying out of any of the works authorised by this Part of this Act, or</content></level><level class="para1" eId="section-5-2-c"><num>(c)</num><content>for the purpose of being given in exchange for land forming part of a common, open space or fuel or field garden allotment which is acquired under section 4(1) above.</content></level></subsection><subsection eId="section-5-3"><num>(3)</num><content>The power of acquiring land compulsorily under subsection (1) above shall include power to acquire an easement or other right over land by the grant of a new right.</content></subsection><subsection eId="section-5-4"><num>(4)</num><content>The <noteRef href="#c1251926" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981 shall apply to the compulsory acquisition of land under subsection (1) above; and Schedule 3 to that Act shall apply to a compulsory acquisition by virtue of subsection (3) above.</content></subsection><subsection eId="section-5-5"><num>(5)</num><content>Part I of the <noteRef href="#c1251927" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, and the enactments relating to compensation for the compulsory purchase of land, shall apply to a compulsory acquisition by virtue of subsection (3) above with the modifications mentioned in paragraph 8(2)(a) and (b) of Schedule 4 to this Act.</content></subsection><subsection eId="section-5-6"><num>(6)</num><intro>In this section—</intro><hcontainer name="definition"><content>“<term refersTo="#term-apparatus" eId="term-apparatus">apparatus</term>” includes a sewer, drain or tunnel and any structure for the lodging therein of apparatus or for gaining access to apparatus;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-common" eId="term-common">common</term>” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-fuel-or-field-garden-allotment" eId="term-fuel-or-field-garden-allotment">fuel or field garden allotment</term>” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-open-space" eId="term-open-space">open space</term>” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-relevant-limits" eId="term-the-relevant-limits">the relevant limits</term>” means the limits of deviation for the scheduled works and the limits of land to be acquired or used.</content></hcontainer></subsection></section><section eId="section-6"><num>6</num><heading> Temporary possession and use.</heading><content>Schedule 5 to this Act (which contains provisions about temporary possession and use of land for the purposes of this Part of this Act) shall have effect.</content></section><section eId="section-7"><num>7</num><heading> Extinguishment of private rights of way.</heading><subsection eId="section-7-1"><num>(1)</num><intro>All private rights of way over land which is held by the Secretary of State as being required for or in connection with the works authorised by this Part of this Act shall be extinguished—</intro><level class="para1" eId="section-7-1-a"><num>(a)</num><content>in the case of land held by the Secretary of State immediately before the coming into force of this Act, on the coming into force of this Act, and</content></level><level class="para1" eId="section-7-1-b"><num>(b)</num><content>in the case of land acquired by the Secretary of State after the coming into force of this Act, at the appropriate time.</content></level></subsection><subsection eId="section-7-2"><num>(2)</num><intro>For the purposes of subsection (1)(b) above, the appropriate time is the time of acquisition, except where land—</intro><level class="para1" eId="section-7-2-a"><num>(a)</num><content>is acquired compulsorily, and</content></level><level class="para1" eId="section-7-2-b"><num>(b)</num><content>is land in respect of which the power conferred by section 11(1) of the Compulsory Purchase Act 1965 (power of entry following notice to treat) is exercised,</content></level><wrapUp>in which case it is the time of entry under that provision.</wrapUp></subsection><subsection eId="section-7-3"><num>(3)</num><content>Any person who suffers loss by the extinguishment of any right of way under this section shall be entitled to be compensated by the nominated undertaker.</content></subsection><subsection eId="section-7-4"><num>(4)</num><content>Any dispute as to a person’s entitlement to compensation under this section, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the <noteRef href="#c1251929" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1961.</content></subsection><subsection eId="section-7-5"><num>(5)</num><content>This section does not apply in relation to any right of way to which section 271 or 272 of the <noteRef href="#c1251930" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers <abbr title="et cetera" xml:lang="la">etc.</abbr>) applies.</content></subsection></section><section eId="section-8"><num>8</num><heading> Extinguishment of rights of statutory undertakers <abbr title="et cetera" xml:lang="la">etc.</abbr></heading><subsection eId="section-8-1"><num>(1)</num><content>Sections 271 to 273 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers <abbr title="et cetera" xml:lang="la">etc.</abbr>) shall apply in relation to land held by the Secretary of State as being land which is required for or in connection with the works authorised by this Part of this Act as they apply in relation to land acquired or appropriated as mentioned in section 271(1) of that Act.</content></subsection><subsection eId="section-8-2"><num>(2)</num><content>In the application of sections 271 to 273 of that Act by virtue of subsection (1) above, references to the acquiring or appropriating authority shall be construed as references to the nominated undertaker.</content></subsection><subsection eId="section-8-3"><num>(3)</num><intro>In their application by virtue of subsection (1) above, sections 271 and 272 of that Act shall also have effect with the following modifications—</intro><level class="para1" eId="section-8-3-a"><num>(a)</num><content><mod>in subsection (2), for the words from “with” to “appropriated” there shall be substituted <quotedText>“ authorised by Part I of the Channel Tunnel Rail Link Act 1996 ”</quotedText>, and</mod></content></level><level class="para1" eId="section-8-3-b"><num>(b)</num><content><mod>in subsection (5), for the words from “local” to “or undertakers” there shall be substituted <quotedText>“ a person other than a Minister, he ”</quotedText>.</mod></content></level></subsection><subsection eId="section-8-4"><num>(4)</num><content>In the Town and Country Planning Act 1990, any reference to, or to any provision of, section 271, 272 or 273 shall include a reference to, or to that provision of, that section as applied by subsection (1) above.</content></subsection><subsection eId="section-8-5"><num>(5)</num><intro>In their application by virtue of subsection (4) above, the following provisions of that Act shall have effect with the following modifications—</intro><level class="para1" eId="section-8-5-a"><num>(a)</num><content><mod>in section 274(3), for “local authority or statutory undertakers” there shall be substituted <quotedText>“ person ”</quotedText>, and</mod></content></level><level class="para1" eId="section-8-5-b"><num>(b)</num><content>in sections 274(5), 279(2) to (4) and 280(6), references to the acquiring or appropriating authority shall be construed as references to the nominated undertaker.</content></level></subsection></section></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-planning-and-heritage"><heading> Planning and heritage</heading><section eId="section-9"><num>9</num><heading> Planning: general.</heading><subsection eId="section-9-1"><num>(1)</num><content>Subject to subsections (2) and (4) below, planning permission shall be deemed to be granted under Part III of the Town and Country Planning Act 1990 for the carrying out of development authorised by this Part of this Act.</content></subsection><subsection eId="section-9-2"><num>(2)</num><intro>In the case of development consisting of the provision of parking at <abbr title="Saint">St.</abbr> Pancras in London, other than short term parking for coaches or taxis, subsection (1) above shall only apply to development which—</intro><level class="para1" eId="section-9-2-a"><num>(a)</num><content>is carried out on land within the limits of deviation for Works <abbr title="Numbers">Nos.</abbr> 1C, 1CC, 5C, 5D, 5D(1) or 5EE or the land in the London Borough of Camden numbered 37 and 61 on the deposited plans, and</content></level><level class="para1" eId="section-9-2-b"><num>(b)</num><intro>does not, when taken together with any other relevant development—</intro><level class="para2" eId="section-9-2-b-i"><num>(i)</num><content>so far as involving the provision of parking for cars, involve the provision of more than 750 parking spaces, and</content></level><level class="para2" eId="section-9-2-b-ii"><num>(ii)</num><content>so far as involving the provision of parking for coaches, involve the provision of more than 30 parking spaces.</content></level></level></subsection><subsection eId="section-9-3"><num>(3)</num><intro>For the purposes of subsection (2)(b) above, relevant development is development consisting of the provision of parking, other than short term parking for coaches or taxis—</intro><level class="para1" eId="section-9-3-a"><num>(a)</num><content>which is carried out on such land as is mentioned in subsection (2)(a) above, and</content></level><level class="para1" eId="section-9-3-b"><num>(b)</num><content>for which planning permission is deemed by subsection (1) above to be granted.</content></level></subsection><subsection eId="section-9-4"><num>(4)</num><intro>In the case of development consisting of the provision of a combined international and domestic passenger station and parking at Ebbsfleet in Kent, subsection (1) above shall only apply to development which—</intro><level class="para1" eId="section-9-4-a"><num>(a)</num><content>is carried out on the land in the borough of Dartford, parish of Swanscombe and Greenhithe, numbered 25 to 33 on the deposited plans and the land in the borough of Gravesham, town of Gravesend, numbered 16, 17, 22 to 34, 45, 46, 109, 110 and 112 on those plans, and</content></level><level class="para1" eId="section-9-4-b"><num>(b)</num><content>does not involve the provision of more than 9,000 parking spaces.</content></level></subsection><subsection eId="section-9-5"><num>(5)</num><content>Schedule 6 to this Act (which makes provision about planning conditions) shall have effect in relation to development for which planning permission is deemed by subsection (1) above to be granted, other than development to which subsection (2) or (4) above applies.</content></subsection><subsection eId="section-9-6"><num>(6)</num><content>The planning permission deemed by subsection (1) above to be granted shall, so far as relating to development to which subsection (2) or (4) above applies, be deemed to be granted subject to a condition specifying the matters mentioned in subsection (7) below as reserved matters for the subsequent approval of the relevant planning authority.</content></subsection><subsection eId="section-9-7"><num>(7)</num><intro>The matters referred to above are—</intro><level class="para1" eId="section-9-7-a"><num>(a)</num><content>in the case of development to which subsection (2) above applies, the siting, design and external appearance of, and means of access to, the development, and</content></level><level class="para1" eId="section-9-7-b"><num>(b)</num><content>in the case of development to which subsection (4) above applies, the siting, layout, design, external appearance and landscaping of the development.</content></level></subsection><subsection eId="section-9-8"><num>(8)</num><content>Development for which permission is deemed by this section to be granted shall be treated as not being development of a class for which planning permission is granted by the <noteRef href="#c1251933" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning (General Permitted Development) Order 1995 (or any order replacing that order).</content></subsection><subsection eId="section-9-9"><num>(9)</num><content>Planning permission which is deemed by this section to be granted shall be treated as specific planning permission for the purposes of section 264(3)(a) of the <noteRef href="#c1251934" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990 (specific planning permission for the development of statutory undertakers’ land relevant to whether the land is operational land).</content></subsection><subsection eId="section-9-10"><num>(10)</num><content>In subsections (2) and (4) above, references to development consisting of the provision of parking do not include development consisting of the provision of parking on working sites.</content></subsection><subsection eId="section-9-11"><num>(11)</num><intro>In subsection (6) above, “<term refersTo="#term-relevant-planning-authority" eId="term-relevant-planning-authority">relevant planning authority</term>” means—</intro><level class="para1" eId="section-9-11-a"><num>(a)</num><content>in relation to Greater London, the local planning authority, and</content></level><level class="para1" eId="section-9-11-b"><num>(b)</num><content>in relation to Essex or Kent, the district planning authority.</content></level></subsection></section><section eId="section-10"><num>10</num><heading> Permitted development: time limits.</heading><subsection eId="section-10-1"><num>(1)</num><intro>It shall be a condition of the planning permission deemed by section 9(1) above to be granted, so far as relating to—</intro><level class="para1" eId="section-10-1-a"><num>(a)</num><content>development consisting of the carrying out of a scheduled work, or</content></level><level class="para1" eId="section-10-1-b"><num>(b)</num><content>development to which section 9(2) or (4) above applies,</content></level><wrapUp>that the development must be begun not later than the end of 10 years beginning with the day on which this Act is passed.</wrapUp></subsection><subsection eId="section-10-2"><num>(2)</num><content>The Secretary of State may, in relation to any development to which the condition imposed by subsection (1) above applies, by order extend the period by reference to which the condition operates.</content></subsection><subsection eId="section-10-3"><num>(3)</num><content>The power conferred by subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subsection><subsection eId="section-10-4"><num>(4)</num><content>Nothing in section 91 of the Town and Country Planning Act 1990 (limit on duration of planning permission) shall apply to the planning permission deemed by section 9(1) above to be granted.</content></subsection><subsection eId="section-10-5"><num>(5)</num><content>Section 94 of that Act (completion notices) shall apply where development to which section 9(2) or (4) above applies has been begun within the period by reference to which the condition mentioned in subsection (1) above operates, but that period has elapsed without the development having been completed.</content></subsection><subsection eId="section-10-6"><num>(6)</num><content><mod>In their application by virtue of subsection (5) above, sections 94(2) and (5) and 95(2) of that Act shall have effect with the insertion after “permission” of <quotedText>“ deemed by section 9(1) of the Channel Tunnel Rail Link Act 1996 to be granted, so far as relating to the development, ”</quotedText>.</mod></content></subsection></section><section eId="section-11"><num>11</num><heading> Fees for planning applications.</heading><subsection eId="section-11-1"><num>(1)</num><content>The <ins class="first last" ukl:ChangeId="d29p684" ukl:CommentaryRef="c1251936"><noteRef uk:name="commentary" href="#c1251936" class="commentary"/>Secretary of State</ins> may by regulations make provision about fees for relevant planning applications.</content></subsection><subsection eId="section-11-2"><num>(2)</num><intro>Regulations under subsection (1) above may, in particular—</intro><level class="para1" eId="section-11-2-a"><num>(a)</num><content>make provision for the payment to the authority to which a relevant planning application is made of a fee of a prescribed amount,</content></level><level class="para1" eId="section-11-2-b"><num>(b)</num><content>make provision for the remission or refunding of a prescribed fee (in whole or part) in prescribed circumstances,</content></level><level class="para1" eId="section-11-2-c"><num>(c)</num><content>make provision for a prescribed fee to be treated as paid in prescribed circumstances,</content></level><level class="para1" eId="section-11-2-d"><num>(d)</num><content>make provision about the time for payment of a prescribed fee,</content></level><level class="para1" eId="section-11-2-e"><num>(e)</num><content>make provision about the consequences of non-payment of a prescribed fee, including provision for the termination of the application concerned or any appeal against its refusal, and</content></level><level class="para1" eId="section-11-2-f"><num>(f)</num><content>make provision for the resolution of disputes.</content></level></subsection><subsection eId="section-11-3"><num>(3)</num><intro>Regulations under subsection (1) above may—</intro><level class="para1" eId="section-11-3-a"><num>(a)</num><content>make such supplementary, incidental or consequential provision as the <ins class="first last" ukl:ChangeId="d29p742" ukl:CommentaryRef="c1251937"><noteRef uk:name="commentary" href="#c1251937" class="commentary"/>Secretary of State thinks</ins> fit, and</content></level><level class="para1" eId="section-11-3-b"><num>(b)</num><content>make different provision for different cases.</content></level></subsection><subsection eId="section-11-4"><num>(4)</num><content>The power to make regulations under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subsection><subsection eId="section-11-5"><num>(5)</num><content>Nothing in regulations under section 303 of the <noteRef href="#c1251938" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990 (fees for planning applications) shall apply to a relevant planning application.</content></subsection><subsection eId="section-11-6"><num>(6)</num><content>In this section—<blockList class="unordered none" ukl:Name="UnorderedList" ukl:Decoration="none"><item><noteRef href="#c1251939" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>. . .</item><item>“<term refersTo="#term-prescribed" eId="term-prescribed">prescribed</term>” means prescribed in regulations under subsection (1) above; and</item><item>“<term refersTo="#term-relevant-planning-application" eId="term-relevant-planning-application">relevant planning application</term>” means a request for approval under the planning permission deemed by section 9(1) above to be granted.</item></blockList></content></subsection></section><section eId="section-12"><num>12</num><heading> Heritage.</heading><content>Schedule 7 to this Act (which makes provision for the disapplication or modification, in relation to authorised works, of controls relating to listed buildings, buildings in conservation areas and ancient monuments <abbr title="et cetera" xml:lang="la">etc.</abbr>) shall have effect.</content></section><section eId="section-13"><num>13</num><heading> Heritage: rights of entry.</heading><content>Schedule 8 to this Act (which makes provision about rights of entry for the Historic Buildings and Monuments Commission for England and the Royal Commission on the Historical Monuments of England) shall have effect.</content></section></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-operation"><heading> Operation</heading><section eId="section-14"><num>14</num><heading> Operation and use of authorised works.</heading><subsection eId="section-14-1"><num>(1)</num><intro>The nominated undertaker may, in relation to the works authorised by this Part of this Act—</intro><level class="para1" eId="section-14-1-a"><num>(a)</num><content>operate them for the purpose of providing infrastructure services, and</content></level><level class="para1" eId="section-14-1-b"><num>(b)</num><content>use them for the purpose of providing services for the carriage of passengers or goods.</content></level></subsection><subsection eId="section-14-2"><num>(2)</num><content>In subsection (1) above, the reference to infrastructure services is to services which are network services or station services for the purposes of Part I of the <noteRef href="#c1251941" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Act 1993.</content></subsection></section><section eId="section-15"><num>15</num><heading> Bye-laws.</heading><content>For the purposes of section 129 of the Railways Act 1993 (power of independent railway operator to make bye-laws), the nominated undertaker shall be treated as an independent railway operator.</content></section></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-application-of-railway-legislation"><heading> Application of railway legislation</heading><section eId="section-16"><num>16</num><heading> Licensing.</heading><subsection eId="section-16-1"><num>(1)</num><intro>Section 6(1) of the <noteRef href="#c1251943" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Act 1993 (which prohibits any person from acting as the operator of a network, station or train being used on a network unless authorised by a licence under section 8 of that Act) shall not apply in relation to—</intro><level class="para1" eId="section-16-1-a"><num>(a)</num><content>any network comprised in the rail link,</content></level><level class="para1" eId="section-16-1-b"><num>(b)</num><content>any rail link station, or</content></level><level class="para1" eId="section-16-1-c"><num>(c)</num><content>any train being used, in circumstances in which subsection (2) below applies, on a network comprised in the rail link.</content></level></subsection><subsection eId="section-16-2"><num>(2)</num><intro>This subsection applies if—</intro><level class="para1" eId="section-16-2-a"><num>(a)</num><content>the train is being used to provide a service involving travel through the Channel Tunnel, or</content></level><level class="para1" eId="section-16-2-b"><num>(b)</num><content>the operator of the train is a rail link undertaker and the train is being used to provide a service for the carriage of goods which does not involve carriage outside the rail link.</content></level></subsection><subsection eId="section-16-3"><num>(3)</num><content>There shall not be included in a licence under section 8 of the Railways Act 1993 any condition relating to an activity in respect of which the licence holder is exempt from section 6(1) of that Act by virtue of subsection (1) above; and any condition which is included in such a licence shall be of no effect so far as relating to such an activity.</content></subsection><subsection eId="section-16-4"><num>(4)</num><intro>For the purposes of subsection (1)(b) above, the following stations are rail link stations—</intro><level class="para1" eId="section-16-4-a"><num>(a)</num><content><abbr title="Saint">St.</abbr> Pancras in London,</content></level><level class="para1" eId="section-16-4-b"><num>(b)</num><content>any station constructed for the purposes of the rail link in exercise of the powers conferred by this Part of this Act, and</content></level><level class="para1" eId="section-16-4-c"><num>(c)</num><content>any station constructed for the purposes of the rail link at Stratford, in the London Borough of Newham.</content></level></subsection><subsection eId="section-16-5"><num>(5)</num><content>Any expression used in this section and Part I of the Railways Act 1993 shall have the same meaning in this section as it has in that Part.</content></subsection></section><section eId="section-17"><num>17</num><heading> Access agreements.</heading><subsection eId="section-17-1"><num>(1)</num><content>No directions under section 17(1) of the Railways Act 1993 (which enables the <ins class="substitution first last" ukl:ChangeId="key-365dca9789db58450da9e2501e0a6b3e-1479185237942" ukl:CommentaryRef="key-365dca9789db58450da9e2501e0a6b3e"><noteRef uk:name="commentary" href="#key-365dca9789db58450da9e2501e0a6b3e" class="commentary"/>Office of Rail and Road</ins> to direct facility owners to enter into contracts for the use of their railway facilities) may be given to a rail link undertaker in relation to a rail link facility.</content></subsection><subsection eId="section-17-2"><num>(2)</num><content><noteRef href="#key-44e4624f0a59a184cffe26bacefd2d6a" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>... section 18(1) of that Act (which restricts the freedom of a facility owner to enter into an access contract) shall not apply to the entry by a rail link undertaker into an access contract relating to a rail link facility.</content></subsection><subsection eId="section-17-3"><num><noteRef href="#key-8dbc708634a4bcd2e327ac7296e1fca7" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>(3)</num><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></subsection><subsection eId="section-17-4"><num>(4)</num><content>No directions under section 19(1) of that Act (which enables the <ins class="substitution first last" ukl:ChangeId="key-365dca9789db58450da9e2501e0a6b3e-1479185260492" ukl:CommentaryRef="key-365dca9789db58450da9e2501e0a6b3e"><noteRef uk:name="commentary" href="#key-365dca9789db58450da9e2501e0a6b3e" class="commentary"/>Office of Rail and Road</ins> to direct installation owners to enter into contracts for the use of their installations) may be given to a rail link undertaker in relation to a network installation comprised in the rail link.</content></subsection><subsection eId="section-17-5"><num>(5)</num><intro>In this section—</intro><hcontainer name="definition"><content>“<term refersTo="#term-access-contract" eId="term-access-contract">access contract</term>”, “<term refersTo="#term-network-installation" eId="term-network-installation">network installation</term>” and “<term refersTo="#term-railway-facility" eId="term-railway-facility">railway facility</term>” have the same meanings as in Part I of the <noteRef href="#c1251945" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Act 1993; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-rail-link-facility" eId="term-rail-link-facility">rail link facility</term>” means a railway facility which is used wholly or partly for the purposes of or in connection with the provision of services for the carriage of passengers or goods on the rail link.</content></hcontainer></subsection></section><section eId="section-18"><num>18</num><heading> Closures.</heading><content>The following provisions of the Railways Act 1993—<blockList class="unordered none" ukl:Name="UnorderedList" ukl:Decoration="none"><item>section 38 (proposals to discontinue franchised <abbr title="et cetera" xml:lang="la">etc.</abbr> passenger services), and</item><item>section 48(3) (duties in relation to discontinuation of certain experimental passenger services),</item></blockList>shall not have effect in relation to services which involve travel on the rail link.</content></section><section eId="section-19"><num>19</num><heading> Railway administration orders.</heading><subsection eId="section-19-1"><num>(1)</num><intro>In section 59 of the 1993 Act (which defines a railway administration order as a court order under section 60, 61 or 62 of that Act in relation to a protected railway company) subsection (6) (paragraph (a) of which defines a “<term refersTo="#term-protected-railway-company" eId="term-protected-railway-company">protected railway company</term>” and paragraph (b) of which defines its “<term refersTo="#term-relevant-activities" eId="term-relevant-activities">relevant activities</term>”) shall have effect, in relation to a rail link service operator—</intro><level class="para1" eId="section-19-1-a"><num>(a)</num><content>with the omission, in paragraph (a), of “both” and the words from “and the” to the end, and</content></level><level class="para1" eId="section-19-1-b"><num>(b)</num><content><mod>with the substitution for paragraph (b)(i) and (ii) of <quotedText>“ its activities as the operator of a railway asset ”</quotedText>.</mod></content></level></subsection><subsection eId="section-19-2"><num>(2)</num><intro><del class="first" ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a"><noteRef uk:name="commentary" href="#key-60faa627d83a020fde3504e8b9630b1a" class="commentary"/>For the purposes of the following provisions, namely—</del></intro><level class="para1" eId="section-19-2-a"><num><del ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a">(a)</del></num><content><del ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a">sections 60(1)(b), 61(1)(a)(ii) and (2)(b), and 62(2)(a)(ii), (3)(b), (5)(a)(ii), (6)(b) and (7)(b) of the 1993 Act, and</del></content></level><level class="para1" eId="section-19-2-b"><num><del ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a">(b)</del></num><content><del ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a">sections 13(3)(b), 18(1)(b) and 27(1A) of the 1986 Act, as applied by Schedule 6 to the 1993 Act,</del></content></level><wrapUp><del ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a">(which give the </del><del ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a"><ins class="first last" ukl:ChangeId="d29p1096" ukl:CommentaryRef="c1251950"><noteRef uk:name="commentary" href="#c1251950" class="commentary"/>Strategic Rail Authority</ins></del><del class="last" ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a"> a role in relation to a protected railway company which is the holder of a passenger licence) a rail link service operator which is the holder of a passenger licence shall be treated as if it were not the holder of such a licence.</del></wrapUp></subsection><subsection eId="section-19-3"><num>(3)</num><intro>Section 60 of the 1993 Act (railway administration orders made on special petitions), in its application to a rail link service operator, shall have effect with the following modifications—</intro><level class="para1" eId="section-19-3-a"><num>(a)</num><content><mod>in subsection (1), for “either or both” there shall be substituted <quotedText>“ any ”</quotedText>,</mod></content></level><level class="para1" eId="section-19-3-b"><num>(b)</num><content><mod>in subsection (2), at the end there shall be inserted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><level class="para1"><num>(c)</num><content>that an agreement between the Secretary of State and a relevant rail link undertaker has terminated.</content></level></quotedStructure><inline name="appendText">, and</inline></mod></content></level><level class="para1" eId="section-19-3-c"><num>(c)</num><content><mod>in subsection (7), at the end there shall be inserted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">“<term refersTo="#term-rail-link">rail link</term>” has the same meaning as in the Channel Tunnel Rail Link Act 1996;“<term refersTo="#term-relevant-rail-link-undertaker">relevant rail link undertaker</term>” means a person who, under section 34 of that Act, is the nominated undertaker for any purpose of section 1(1) or 14(1)(a) of that Act, so far as relating to the rail link.</quotedStructure></mod></content></level></subsection><subsection eId="section-19-4"><num>(4)</num><content><mod>Section 17 of the 1986 Act (duties of administrator), as applied by Schedule 6 to the 1993 Act, shall have effect, in relation to the administration of a rail link service operator, with the insertion after subsection (2) of—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><subsection><num>(2A)</num><content>Subsection (2) shall only apply if the proposals have been approved by the Secretary of State and, where he approves them with modifications, shall apply as if the proposals prepared for the purposes of section 23 were the proposals as so modified.</content></subsection></quotedStructure></mod></content></subsection><subsection eId="section-19-5"><num>(5)</num><content><del class="first" ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063182812" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><noteRef uk:name="commentary" href="#key-edace47030e70461dd2c205487246a75" class="commentary"/>The following provisions of the 1986 Act, as applied by Schedule 6 to the 1993 Act, namely, sections 18(4), 21(2), 23(1) and (2) and 27(6) (which require documents to be sent to specified persons) shall not have effect to require any document relating to a rail link service operator to be sent to the </del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063182812" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><ins class="first last" ukl:ChangeId="d29p1169" ukl:CommentaryRef="c1251950"><noteRef uk:name="commentary" href="#c1251950" class="commentary"/>Strategic Rail Authority</ins></del><del class="last" ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063182812" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">.</del></content></subsection><subsection eId="section-19-6"><num>(6)</num><intro><del class="first" ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><noteRef uk:name="commentary" href="#key-edace47030e70461dd2c205487246a75" class="commentary"/>In Schedule 7 to the 1993 Act (transfer of relevant activities in connection with railway administration orders) paragraph 2 (making and modification of transfer schemes) shall have effect, where the company in relation to which a railway administration order has been made is a rail link service operator, with the following modifications—</del></intro><level class="para1" eId="section-19-6-a"><num><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">(a)</del></num><content><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">in sub-paragraph (2), the words from “or” to the end shall be omitted,</del></content></level><level class="para1" eId="section-19-6-b"><num><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">(b)</del></num><content><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">in sub-paragraph (3), the words “or the </del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><ins class="first last" ukl:ChangeId="d29p1191" ukl:CommentaryRef="c1251950"><noteRef uk:name="commentary" href="#c1251950" class="commentary"/>Authority</ins></del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">” shall be omitted,</del></content></level><level class="para1" eId="section-19-6-c"><num><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">(c)</del></num><content><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">in sub-paragraph (6), the words “or the </del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><ins class="first last" ukl:ChangeId="d29p1201" ukl:CommentaryRef="c1251950"><noteRef uk:name="commentary" href="#c1251950" class="commentary"/>Authority</ins></del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">” shall be omitted, and</del></content></level><level class="para1" eId="section-19-6-d"><num><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">(d)</del></num><content><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">in sub-paragraph (7), the words from “or, in a” to </del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><ins class="first last" ukl:ChangeId="d29p1211" ukl:CommentaryRef="c1251950"><noteRef uk:name="commentary" href="#c1251950" class="commentary"/>“Authority”</ins></del><del class="last" ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"> shall be omitted.</del></content></level></subsection><subsection eId="section-19-7"><num>(7)</num><content>An agreement by the Secretary of State shall be effective notwithstanding that, in the case of a rail link service operator, it fetters the Secretary of State in relation to a discretion under sections 60 to 65 of, and Schedules 6 and 7 to, the 1993 Act (the railway administration order provisions of the Act).</content></subsection><subsection eId="section-19-8"><num>(8)</num><content>The Secretary of State may by order repeal subsection (4) above.</content></subsection><subsection eId="section-19-9"><num>(9)</num><content>The power conferred by subsection (8) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subsection><subsection eId="section-19-10"><num>(10)</num><intro>In this section—</intro><hcontainer name="definition"><content>“<term refersTo="#term-operator" eId="term-operator">operator</term>”, in relation to a railway asset, means the person having the management of that railway asset for the time being;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-passenger-licence" eId="term-passenger-licence">passenger licence</term>” and “<term refersTo="#term-railway-asset" eId="term-railway-asset">railway asset</term>” have the same meanings as in Part I of the 1993 Act;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-rail-link-service-operator" eId="term-rail-link-service-operator">rail link service operator</term>” means a person who, under section 34 below, is the nominated undertaker for any purpose of section 14(1)(b) above, so far as relating to the rail link;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-1986-act" eId="term-the-1986-act">the 1986 Act</term>” means the <noteRef href="#c1251955" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Insolvency Act 1986; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-1993-act" eId="term-the-1993-act">the 1993 Act</term>” means the <noteRef href="#c1251956" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Act 1993.</content></hcontainer></subsection></section><section eId="section-20"><num>20</num><heading> Other legislation.</heading><content>Schedule 9 to this Act (which makes provision with respect to the incorporation of the Railways Clauses Acts and the application of miscellaneous other enactments relating to railways) shall have effect.</content></section></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-functions-of-the-rail-regulator"><heading> Functions of the <ins class="substitution first last" ukl:ChangeId="key-e6531201069b266901fbaae2fb73e35d-1479185067985" ukl:CommentaryRef="key-e6531201069b266901fbaae2fb73e35d"><noteRef uk:name="commentary" href="#key-e6531201069b266901fbaae2fb73e35d" class="commentary"/>Office of Rail and Road</ins></heading><section eId="section-21"><num>21</num><heading> Duties as to exercise of regulatory functions.</heading><subsection eId="section-21-1"><num>(1)</num><content>The <ins class="substitution first last" ukl:ChangeId="key-5d2a0969ef96503f0e21d23405cc914d-1479185475813" ukl:CommentaryRef="key-5d2a0969ef96503f0e21d23405cc914d"><noteRef uk:name="commentary" href="#key-5d2a0969ef96503f0e21d23405cc914d" class="commentary"/>Office of Rail and Road</ins> shall have an overriding duty to exercise <ins class="substitution first last" ukl:ChangeId="M_F_0ad925cb-96f0-43ab-dd58-6a21b6f728a6-1479050676614" ukl:CommentaryRef="M_F_0ad925cb-96f0-43ab-dd58-6a21b6f728a6"><noteRef uk:name="commentary" href="#M_F_0ad925cb-96f0-43ab-dd58-6a21b6f728a6" class="commentary"/>its</ins> regulatory functions in such a manner as not to impede the performance of any development agreement.</content></subsection><subsection eId="section-21-2"><num><noteRef href="#key-bd0b78a2c1661c7fbb60c9ac03f98d81" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>(2)</num><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></subsection><subsection eId="section-21-3"><num><noteRef href="#key-bd0b78a2c1661c7fbb60c9ac03f98d81" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>(3)</num><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></subsection><subsection eId="section-21-4"><num><noteRef href="#key-bd0b78a2c1661c7fbb60c9ac03f98d81" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>(4)</num><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></subsection><subsection eId="section-21-5"><num><noteRef href="#key-bd0b78a2c1661c7fbb60c9ac03f98d81" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>(5)</num><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></subsection><subsection eId="section-21-6"><num>(6)</num><intro>In this section—</intro><hcontainer name="definition"><content><noteRef href="#key-773ddfc3ee95ff389b3289ea024634d5" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer><hcontainer name="definition"><content><noteRef href="#key-773ddfc3ee95ff389b3289ea024634d5" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer><hcontainer name="definition"><content><noteRef href="#key-773ddfc3ee95ff389b3289ea024634d5" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer><wrapUp>references to the <ins class="substitution first last" ukl:ChangeId="key-5d2a0969ef96503f0e21d23405cc914d-1479185505523" ukl:CommentaryRef="key-5d2a0969ef96503f0e21d23405cc914d"><noteRef uk:name="commentary" href="#key-5d2a0969ef96503f0e21d23405cc914d" class="commentary"/>Office of Rail and Road</ins>’s regulatory functions are to the functions assigned or transferred to <ins class="substitution first last" ukl:ChangeId="key-7292bd6db22dd2e6ac84fee8cfafc9d5-1479049878380" ukl:CommentaryRef="key-7292bd6db22dd2e6ac84fee8cfafc9d5"><noteRef uk:name="commentary" href="#key-7292bd6db22dd2e6ac84fee8cfafc9d5" class="commentary"/>it</ins> under or by virtue of Part I of the Railways Act 1993 <ins class="first" ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><noteRef uk:name="commentary" href="#c1251960" class="commentary"/>other than any functions assigned to </ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><ins class="substitution first last" ukl:ChangeId="key-7292bd6db22dd2e6ac84fee8cfafc9d5-1479049897500" ukl:CommentaryRef="key-7292bd6db22dd2e6ac84fee8cfafc9d5"><noteRef uk:name="commentary" href="#key-7292bd6db22dd2e6ac84fee8cfafc9d5" class="commentary"/>it</ins></ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> by virtue of section 67(3) of that Act (“</ins><term refersTo="#term-competition-act-functions" eId="term-competition-act-functions"><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">Competition Act functions</ins></term><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">”).</ins></wrapUp></subsection><subsection eId="section-21-7"><num><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">(7)</ins></num><intro><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">The </ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><ins class="substitution first last" ukl:ChangeId="key-5d2a0969ef96503f0e21d23405cc914d-1479185529283" ukl:CommentaryRef="key-5d2a0969ef96503f0e21d23405cc914d"><noteRef uk:name="commentary" href="#key-5d2a0969ef96503f0e21d23405cc914d" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> may, when exercising any Competition Act function, have regard to any matter to which </ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><ins class="substitution first last" ukl:ChangeId="key-7292bd6db22dd2e6ac84fee8cfafc9d5-1479049426729" ukl:CommentaryRef="key-7292bd6db22dd2e6ac84fee8cfafc9d5"><noteRef uk:name="commentary" href="#key-7292bd6db22dd2e6ac84fee8cfafc9d5" class="commentary"/>it</ins></ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> would have regard if—</ins></intro><level class="para1" eId="section-21-7-a"><num><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">(a)</ins></num><content> <ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><ins class="substitution first last" ukl:ChangeId="key-7292bd6db22dd2e6ac84fee8cfafc9d5-1479049295809" ukl:CommentaryRef="key-7292bd6db22dd2e6ac84fee8cfafc9d5"><noteRef uk:name="commentary" href="#key-7292bd6db22dd2e6ac84fee8cfafc9d5" class="commentary"/> it </ins></ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> were under the duty imposed by subsection (1) </ins><noteRef href="#key-a68b51ca19a759b84200da909e62b14d" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> ... above in relation to that function; and </ins></content></level><level class="para1" eId="section-21-7-b"><num><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">(b)</ins></num><content><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">the matter is one to which </ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><ins class="substitution first last" ukl:ChangeId="key-f5514a83086a659ad22f521a226e0e36-1479184421537" ukl:CommentaryRef="key-f5514a83086a659ad22f521a226e0e36"><noteRef uk:name="commentary" href="#key-f5514a83086a659ad22f521a226e0e36" class="commentary"/>the Competition and Markets Authority</ins></ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> could have regard if </ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><ins class="substitution first last" ukl:ChangeId="key-efbd8aa33a7f17e888dea13011463a37-1477927446127" ukl:CommentaryRef="key-efbd8aa33a7f17e888dea13011463a37"><noteRef uk:name="commentary" href="#key-efbd8aa33a7f17e888dea13011463a37" class="commentary"/>it</ins></ins><ins class="last" ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> were exercising that function.</ins></content></level></subsection></section><section eId="section-21A"><num><ins class="first" ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><noteRef uk:name="commentary" href="#key-29ede7718fd6605a3e7e0a03ecc4be89" class="commentary"/>21A</ins></num><heading><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">Fees</ins></heading><subsection eId="section-21A-1"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(1)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">Subject to this section, the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185652028" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> may by notice require a rail link undertaker to pay a fee in respect of the exercise of any of the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185676928" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">'s functions in relation to the rail link.</ins></content></subsection><subsection eId="section-21A-2"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(2)</ins></num><intro><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">The amount of a fee under subsection (1) in any case shall be—</ins></intro><level class="para1" eId="section-21A-2-a"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(a)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">such amount as is reasonably incurred by the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185708378" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> in the exercise of the function in relation to the rail link, or</ins></content></level><level class="para1" eId="section-21A-2-b"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(b)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">in a case where there is more than one rail link undertaker, such proportion of the amount referred to in paragraph (a) as the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185726918" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> considers it reasonable for the rail link undertaker to pay.</ins></content></level></subsection><subsection eId="section-21A-3"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(3)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">Subsection (1) does not apply to the functions assigned to the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185746328" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> by virtue of section 67(2) and (3) of the Railways Act 1993.</ins></content></subsection><subsection eId="section-21A-4"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(4)</ins></num><intro><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">A notice under this section must specify—</ins></intro><level class="para1" eId="section-21A-4-a"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(a)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">the amount of the fee to be paid, and</ins></content></level><level class="para1" eId="section-21A-4-b"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(b)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">the date by which it is to be paid.</ins></content></level></subsection><subsection eId="section-21A-5"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(5)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">Any amount payable under a notice under this section which remains unpaid after the date specified in the notice may be recovered by the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185764528" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> as a civil debt due to it.</ins></content></subsection><subsection eId="section-21A-6"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(6)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">The </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185784059" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> may revise a notice under this section by a further such notice.</ins></content></subsection><subsection eId="section-21A-7"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(7)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">The </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185804959" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins class="last" ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> may refund any amount which, further to any revised notice under subsection (6), appears to have been overpaid to it.</ins></content></subsection></section><section eId="section-22"><num><noteRef href="#key-35e8b144d4ac16b1cf6d1fcbf09c29ca" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>22</num><heading> Restriction of functions in relation to competition <abbr title="et cetera" xml:lang="la">etc.</abbr></heading><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></section></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-competition"><heading> Competition</heading><section eId="section-23"><num><noteRef href="#c1251983" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>23</num><heading>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</heading><content></content></section><section eId="section-24"><num><noteRef href="#key-32d5dacee5a0894aff15d66431aad6af" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>24</num><heading> Monopoly situations.</heading><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></section><section eId="section-25"><num><noteRef href="#c1251992" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>25</num><heading>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</heading><content></content></section><section eId="section-26"><num><noteRef href="#key-97c17f650db78995302883d07c399b22" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>26</num><heading> Sections 23 to 25: supplementary provisions.</heading><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></section></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-trees"><heading> Trees</heading><section eId="section-27"><num>27</num><heading> Power to deal with trees on neighbouring land.</heading><subsection eId="section-27-1"><num>(1)</num><intro>Where any tree overhangs land used for the purposes of the nominated undertaker’s undertaking under this Part of this Act, the nominated undertaker may by notice to the occupier of the land on which the tree is growing require the tree to be removed, topped or lopped if it is necessary for that to be done—</intro><level class="para1" eId="section-27-1-a"><num>(a)</num><content>to enable the works authorised by this Part of this Act to be maintained, or</content></level><level class="para1" eId="section-27-1-b"><num>(b)</num><content>for reasons of safety in connection with the operation of any railway comprised in those works.</content></level></subsection><subsection eId="section-27-2"><num>(2)</num><content>If, within the period of 28 days beginning with the giving by the nominated undertaker of a notice under subsection (1) above, the occupier of the land on which the tree to which the notice relates is growing gives the nominated undertaker a counter-notice objecting to the removal, topping or lopping of the tree, the notice shall have effect only if confirmed by an order of the county court.</content></subsection><subsection eId="section-27-3"><num>(3)</num><intro>If at any time a notice under subsection (1) above has not been complied with and either—</intro><level class="para1" eId="section-27-3-a"><num>(a)</num><content>a period of 28 days beginning with the giving of the notice has expired without a counter-notice having been given, or</content></level><level class="para1" eId="section-27-3-b"><num>(b)</num><content>an order of the court confirming the notice has come into force,</content></level><wrapUp>the nominated undertaker may itself cause the tree to which the notice relates to be removed, topped or lopped as mentioned in subsection (1) above.</wrapUp></subsection><subsection eId="section-27-4"><num>(4)</num><intro>Where the power conferred by subsection (3) above is exercisable in relation to any tree, the nominated undertaker may—</intro><level class="para1" eId="section-27-4-a"><num>(a)</num><content>enter the land on which the tree is growing for the purpose of exercising that power in relation to it, and</content></level><level class="para1" eId="section-27-4-b"><num>(b)</num><content>take with it such vehicles and equipment as are necessary for that purpose.</content></level></subsection><subsection eId="section-27-5"><num>(5)</num><content>Where the nominated undertaker tops or lops a tree in exercise of the power conferred by subsection (3) above, it shall do so in a husband-like manner and in such a way as to cause the minimum of damage to the tree.</content></subsection><subsection eId="section-27-6"><num>(6)</num><intro>Where—</intro><level class="para1" eId="section-27-6-a"><num>(a)</num><content>a notice under subsection (1) above is complied with either without a counter-notice having been given or after the notice has been confirmed, or</content></level><level class="para1" eId="section-27-6-b"><num>(b)</num><content>the nominated undertaker exercises the power conferred by subsection (3) above,</content></level><wrapUp>the county court shall, on application made by a person who has suffered loss or damage in consequence of the removal, topping or lopping of the tree concerned or who has incurred expenses in complying with the notice, order the nominated undertaker to pay that person such compensation in respect of the loss, damage or expenses as it thinks fit.</wrapUp></subsection></section><section eId="section-28"><num>28</num><heading> Disapplication of controls.</heading><subsection eId="section-28-1"><num>(1)</num><intro>The following, namely—</intro><level class="para1" eId="section-28-1-a"><num>(a)</num><content>an order under section 198(1) of the <noteRef href="#c1252007" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990 (tree preservation orders), and</content></level><level class="para1" eId="section-28-1-b"><num>(b)</num><content>section 211(1) of that Act (which prohibits the doing in a conservation area of any act which might be prohibited by a tree preservation order),</content></level><wrapUp>shall not apply to any tree works which are authorised for the purposes of this section.</wrapUp></subsection><subsection eId="section-28-2"><num>(2)</num><intro>Tree works are authorised for the purposes of this section if—</intro><level class="para1" eId="section-28-2-a"><num>(a)</num><content>they are carried out in compliance with a notice under subsection (1) of section 27 above or in exercise of the power conferred by subsection (3) of that section,</content></level><level class="para1" eId="section-28-2-b"><num>(b)</num><content>they are carried out in relation to a tree growing on land within the relevant limits and for the purposes of or in connection with the construction of the works authorised by this Part of this Act, or</content></level><level class="para1" eId="section-28-2-c"><num>(c)</num><intro>they are carried out in relation to a tree growing on land used for the purpose of the nominated undertaker’s undertaking under this Part of this Act and in circumstances where it is necessary for them to be carried out—</intro><level class="para2" eId="section-28-2-c-i"><num>(i)</num><content>to enable the works authorised by this Part of this Act to be maintained, or</content></level><level class="para2" eId="section-28-2-c-ii"><num>(ii)</num><content>for reasons of safety in connection with the operation of any railway comprised in those works.</content></level></level></subsection><subsection eId="section-28-3"><num>(3)</num><content>In subsection (2)(b) above, the reference to land within the relevant limits is to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.</content></subsection><subsection eId="section-28-4"><num>(4)</num><content>In this section, references to tree works are to works consisting of the removal, topping or lopping of a tree.</content></subsection></section></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-noise"><heading> Noise</heading><section eId="section-29"><num>29</num><heading> Control of construction sites: appeals.</heading><subsection eId="section-29-1"><num>(1)</num><content>In the <noteRef href="#c1252018" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Control of Pollution Act 1974, sections 60 (control of noise on construction sites) and 61 (prior consent for work on construction sites) shall have effect, in relation to works carried out in exercise of the powers conferred by this Part of this Act, with the following modifications.</content></subsection><subsection eId="section-29-2"><num>(2)</num><content><mod>In subsection (7) (appeal against failure to give consent or the giving of qualified consent), for “a magistrates’ court” there shall be substituted <quotedText>“ the Secretary of State ”</quotedText>.</mod></content></subsection><subsection eId="section-29-3"><num>(3)</num><content><mod>After that subsection there shall be inserted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><subsection><num>(7A)</num><content>If within seven days of the giving of notice of appeal under subsection (7) of this section the appellant and the local authority so agree, the appeal shall, instead of being determined by the Secretary of State, be referred to arbitration.</content></subsection></quotedStructure></mod></content></subsection><subsection eId="section-29-4"><num>(4)</num><content>The <ins class="first" ukl:ChangeId="d29p1831" ukl:CommentaryRef="c1252020"><noteRef uk:name="commentary" href="#c1252020" class="commentary"/>Secretary of State for Environment, Food and Rural Affairs and </ins><ins ukl:ChangeId="d29p1831" ukl:CommentaryRef="c1252020"><ins class="first last" ukl:ChangeId="d29p1833" ukl:CommentaryRef="c1252021"><noteRef uk:name="commentary" href="#c1252021" class="commentary"/>the Secretary of State for Transport</ins></ins><ins class="last" ukl:ChangeId="d29p1831" ukl:CommentaryRef="c1252020"> acting jointly</ins>. . . may by regulations made by statutory instrument make in relation to appeals which are referred to arbitration under subsection (7A) of section 60 or 61 of the Control of Pollution Act 1974 any such provision as may be made by regulations under section 70 of that Act in relation to appeals under Part III of that Act to the Secretary of State.</content></subsection></section><section eId="section-30"><num>30</num><heading> Proceedings in respect of statutory nuisance: defence.</heading><subsection eId="section-30-1"><num>(1)</num><intro>Where proceedings are brought under section 82(1) of the <noteRef href="#c1252024" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Environmental Protection Act 1990 (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order shall be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows—</intro><level class="para1" eId="section-30-1-a"><num>(a)</num><content>that the nuisance relates to premises used by the nominated undertaker for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works, and</content></level><level class="para1" eId="section-30-1-b"><num>(b)</num><content>that the nuisance is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60, or a consent given under section 61 or 65, of the Control of Pollution Act 1974.</content></level></subsection><subsection eId="section-30-2"><num>(2)</num><intro>The following provisions of the Control of Pollution Act 1974, namely—</intro><level class="para1" eId="section-30-2-a"><num>(a)</num><content>section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990), and</content></level><level class="para1" eId="section-30-2-b"><num>(b)</num><content>section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded),</content></level><wrapUp>shall not apply where the consent relates to the use of premises by the nominated undertaker for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.</wrapUp></subsection></section></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-financial-matters"><heading> Financial matters</heading><section eId="section-31"><num>31</num><heading> Expenditure in connection with securing construction of works.</heading><subsection eId="section-31-1"><num>(1)</num><intro>The Secretary of State may make payments under any agreement entered into by him for the purpose of securing the construction of—</intro><level class="para1" eId="section-31-1-a"><num>(a)</num><content>any of the works authorised by this Part of this Act, or</content></level><level class="para1" eId="section-31-1-b"><num>(b)</num><content>any related works.</content></level></subsection><subsection eId="section-31-2"><num>(2)</num><intro>For the purposes of this section, the following are related works—</intro><level class="para1" eId="section-31-2-a"><num>(a)</num><content>a station at Stratford, in the London Borough of Newham, for use in connection with the rail link, and</content></level><level class="para1" eId="section-31-2-b"><num>(b)</num><content>a railway providing access between the rail link and the West Coast Main Line by means of a connection to the North London Line.</content></level></subsection></section><section eId="section-32"><num>32</num><heading> Reserved capacity on the rail link: expenditure.</heading><subsection eId="section-32-1"><num>(1)</num><content>The Secretary of State may make payments to the nominated undertaker, or its nominee, in pursuance of an agreement for the payment, for such period as may be specified in the agreement, of such sum as may be so specified for the reservation of rights of use in relation to the rail link.</content></subsection><subsection eId="section-32-2"><num>(2)</num><content>The Secretary of State may make, to any person charged with responsibility in relation to the selection of persons to exercise rights of use in relation to the rail link which are reserved to the Secretary of State under an agreement with the nominated undertaker (“<term refersTo="#term-reserved-rights-of-use" eId="term-reserved-rights-of-use">reserved rights of use</term>”), such payments in respect of the discharge of that responsibility as the Secretary of State thinks fit.</content></subsection><subsection eId="section-32-3"><num>(3)</num><content>The Secretary of State may give to any person exercising reserved rights of use such financial assistance in relation to the exercise of those rights as he thinks fit.</content></subsection><subsection eId="section-32-4"><num>(4)</num><content>Financial assistance under subsection (3) above shall be on such terms and subject to such conditions as the Secretary of State thinks fit.</content></subsection></section><section eId="section-33"><num>33</num><heading> Undertakings with respect to financial assistance <abbr title="et cetera" xml:lang="la">etc.</abbr></heading><subsection eId="section-33-1"><num>(1)</num><intro>Any undertaking of the Secretary of State which—</intro><level class="para1" eId="section-33-1-a"><num>(a)</num><content>is given with respect to applications for assistance of a kind to which subsection (2) below applies, and</content></level><level class="para1" eId="section-33-1-b"><num>(b)</num><content>is contained in a development agreement,</content></level><wrapUp>shall be effective notwithstanding that it fetters his discretion.</wrapUp></subsection><subsection eId="section-33-2"><num>(2)</num><intro>This subsection applies to—</intro><level class="para1" eId="section-33-2-a"><num>(a)</num><content>any kind of financial or other assistance in relation to an existing railway line which might allow it to be used to provide a line speed in excess of 200 kilometres per hour before 31st December 2030, and</content></level><level class="para1" eId="section-33-2-b"><num>(b)</num><content>any kind of financial or other assistance which before that date would enable or assist a person to provide services or facilities for international rail passenger services.</content></level></subsection></section></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-miscellaneous-and-general"><heading> Miscellaneous and general</heading><section eId="section-34"><num>34</num><heading> Holder of functions of nominated undertaker.</heading><subsection eId="section-34-1"><num>(1)</num><content>The Secretary of State may by order provide that a person specified in the order shall be the nominated undertaker for such purposes of such provisions of this Part of this Act as may be so specified.</content></subsection><subsection eId="section-34-2"><num>(2)</num><content>Where, in the case of any provision of this Part of this Act which refers to the nominated undertaker, there is any purpose of the provision for which there is no one who is the nominated undertaker under subsection (1) above, any reference in the provision to the nominated undertaker shall be construed, in relation to that purpose, as a reference to the Secretary of State.</content></subsection><subsection eId="section-34-3"><num>(3)</num><content>An agreement by the Secretary of State with respect to the exercise of his discretion under subsection (1) above shall be effective notwithstanding that it fetters his discretion.</content></subsection><subsection eId="section-34-4"><num>(4)</num><content>An order under subsection (1) above may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient in connection with the order.</content></subsection><subsection eId="section-34-5"><num>(5)</num><content>The Secretary of State may by order make such modifications of any provision of this Part of this Act referring to the Secretary of State, so far as applying for a purpose in relation to which subsection (2) above has effect, as appear to him to be necessary or expedient in consequence of his having functions by virtue of that subsection.</content></subsection><subsection eId="section-34-6"><num>(6)</num><content>The power to make an order under this section shall be exercisable by statutory instrument.</content></subsection><subsection eId="section-34-7"><num>(7)</num><content>A statutory instrument containing an order under subsection (5) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subsection></section><section eId="section-35"><num>35</num><heading> Transfer of functions relating to works.</heading><subsection eId="section-35-1"><num>(1)</num><intro>If the Secretary of State acquires any land for the purposes of this Part of this Act from a railway operator and there are situated on the land works authorised by statute, he may by order provide for the transfer of any statutory power or duty relating to the works previously exercisable by the railway operator—</intro><level class="para1" eId="section-35-1-a"><num>(a)</num><content>to him, or</content></level><level class="para1" eId="section-35-1-b"><num>(b)</num><content>to a person specified under section 34 above.</content></level></subsection><subsection eId="section-35-2"><num>(2)</num><intro>The Secretary of State may by order provide for the further transfer—</intro><level class="para1" eId="section-35-2-a"><num>(a)</num><content>to him, or</content></level><level class="para1" eId="section-35-2-b"><num>(b)</num><content>to a person specified under section 34 above,</content></level><wrapUp>of a power or duty transferred under subsection (1) above or this subsection.</wrapUp></subsection><subsection eId="section-35-3"><num>(3)</num><content>If a railway operator acquires from the Secretary of State any land on which there are situated works authorised by this Part of this Act, the Secretary of State may, with the consent of the railway operator, by order provide for the transfer to the railway operator of any duty under this Part of this Act relating to the works.</content></subsection><subsection eId="section-35-4"><num>(4)</num><content>An order under this section may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient in connection with the order.</content></subsection><subsection eId="section-35-5"><num>(5)</num><content>In subsections (1) and (3) above, references to a railway operator are to a person who has the management for the time being of any network, station or light maintenance depot.</content></subsection><subsection eId="section-35-6"><num>(6)</num><content>In this section, “<term refersTo="#term-light-maintenance-depot" eId="term-light-maintenance-depot">light maintenance depot</term>”, “<term refersTo="#term-network" eId="term-network">network</term>” and “<term refersTo="#term-station" eId="term-station">station</term>” have the same meanings as in Part I of the <noteRef href="#c1252027" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Act 1993.</content></subsection></section><section eId="section-36"><num>36</num><heading> Compensation for injurious affection.</heading><content><mod>Section 10(1) of the <noteRef href="#c1252028" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965 (compensation for injurious affection) shall have effect, in relation to land injuriously affected by the execution of works under this Part of this Act, with the substitution for “acquiring authority have” of <quotedText>“ nominated undertaker has ”</quotedText>.</mod></content></section><section eId="section-37"><num>37</num><heading> Duty to co-operate.</heading><subsection eId="section-37-1"><num>(1)</num><intro>Where the nominated undertaker considers that a matter affects—</intro><level class="para1" eId="section-37-1-a"><num>(a)</num><content>the construction, maintenance or operation of the rail link, and</content></level><level class="para1" eId="section-37-1-b"><num>(b)</num><content>the construction, maintenance or operation of a railway asset which is not a rail link asset,</content></level><wrapUp>it may by notice in writing require the operator of the asset to enter into an agreement with it about how the matter is to be dealt with.</wrapUp></subsection><subsection eId="section-37-2"><num>(2)</num><intro>Where the operator of a railway asset which is not a rail link asset considers that a matter affects—</intro><level class="para1" eId="section-37-2-a"><num>(a)</num><content>the construction, maintenance or operation of the asset, and</content></level><level class="para1" eId="section-37-2-b"><num>(b)</num><content>the construction, maintenance or operation of the rail link,</content></level><wrapUp>it may by notice in writing require the nominated undertaker to enter into an agreement with it about how the matter is to be dealt with.</wrapUp></subsection><subsection eId="section-37-3"><num>(3)</num><content>The terms of an agreement under subsection (1) or (2) above shall be such as the nominated undertaker and the operator of the asset may agree or, in default of agreement, as may be determined by arbitration.</content></subsection><subsection eId="section-37-4"><num>(4)</num><intro>For the purposes of subsections (1) and (2) above a railway asset is a rail link asset if—</intro><level class="para1" eId="section-37-4-a"><num>(a)</num><content>in the case of a railway asset consisting of any network, station or light maintenance depot, it is comprised in the rail link, and</content></level><level class="para1" eId="section-37-4-b"><num>(b)</num><content>in the case of a railway asset consisting of any train being used on a network, the network is comprised in the rail link.</content></level></subsection><subsection eId="section-37-5"><num>(5)</num><intro>In this section—</intro><hcontainer name="definition"><content>“<term refersTo="#term-light-maintenance-depot" eId="term-light-maintenance-depot">light maintenance depot</term>”, “<term refersTo="#term-network" eId="term-network">network</term>”, “<term refersTo="#term-railway-asset" eId="term-railway-asset">railway asset</term>” and “<term refersTo="#term-station" eId="term-station">station</term>” have the same meanings as in Part I of the Railways Act 1993; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-operator" eId="term-operator">operator</term>”, in relation to a railway asset, means the person having the management of the asset for the time being.</content></hcontainer></subsection></section><section eId="section-38"><num>38</num><heading> Disapplication and modification of miscellaneous controls.</heading><content>Schedule 10 to this Act (which makes provision for the disapplication and modification of miscellaneous statutory and other controls in relation to things done under this Part of this Act and otherwise for the purposes of this Part of this Act) shall have effect.</content></section><section eId="section-39"><num>39</num><heading> Burial grounds.</heading><subsection eId="section-39-1"><num>(1)</num><content>Nothing in any enactment relating to burial grounds and no obligation or restriction imposed under ecclesiastical law or otherwise shall have effect to prohibit, restrict or impose any condition on the use of any land comprised in a burial ground for the purpose of constructing any of the works authorised by this Part of this Act.</content></subsection><subsection eId="section-39-2"><num>(2)</num><intro>Subsection (1) above shall not apply in relation to land in which human remains are interred unless—</intro><level class="para1" eId="section-39-2-a"><num>(a)</num><content>the remains have been removed and reinterred or cremated in accordance with the provisions of Schedule 11 to this Act, and</content></level><level class="para1" eId="section-39-2-b"><num>(b)</num><content>any monument to the deceased has been dealt with in accordance with those provisions,</content></level><wrapUp>and the other requirements of that Schedule, so far as relating to the nominated undertaker, have been complied with.</wrapUp></subsection><subsection eId="section-39-3"><num>(3)</num><content>Subsection (2) above shall not apply where the use of the land for the purpose mentioned in subsection (1) above does not involve disturbing the human remains which are interred in it.</content></subsection><subsection eId="section-39-4"><num>(4)</num><intro>In this section (and Schedule 11 to this Act)—</intro><hcontainer name="definition"><content>“<term refersTo="#term-enactment" eId="term-enactment">enactment</term>” includes an enactment in any local or private Act of Parliament, and an order, rule, regulation, byelaw or scheme made under an Act of Parliament; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-monument" eId="term-monument">monument</term>” includes a tombstone or other memorial;</content></hcontainer><wrapUp>and references to a monument to any person are to a monument commemorating that person, whether or not also commemorating any other person.</wrapUp></subsection></section><section eId="section-40"><num>40</num><heading> Application of landlord and tenant law.</heading><subsection eId="section-40-1"><num>(1)</num><intro>No enactment or rule of law regulating the rights and obligations of landlords and tenants shall apply in relation to the rights and obligations of the parties to a development agreement lease or a lease to which subsection (2) below applies—</intro><level class="para1" eId="section-40-1-a"><num>(a)</num><content>so as to exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter,</content></level><level class="para1" eId="section-40-1-b"><num>(b)</num><content>so as to confer or impose on either party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease, or</content></level><level class="para1" eId="section-40-1-c"><num>(c)</num><content>so as to restrict the enforcement (whether by action for damages or otherwise) by either party to the lease of any obligation of the other party under the lease.</content></level></subsection><subsection eId="section-40-2"><num>(2)</num><intro>This subsection applies to a lease if it is granted by the Secretary of State and—</intro><level class="para1" eId="section-40-2-a"><num>(a)</num><content>it is one on the grant of which a development agreement, or an agreement connected with such an agreement, is conditional, or</content></level><level class="para1" eId="section-40-2-b"><num>(b)</num><content>it contains a statement to the effect that it is granted for purposes connected with the construction or operation of the rail link.</content></level></subsection><subsection eId="section-40-3"><num>(3)</num><content>In this section, “<term refersTo="#term-development-agreement-lease" eId="term-development-agreement-lease">development agreement lease</term>” means a lease granted by the Secretary of State in pursuance of a development agreement, or an agreement connected with such an agreement, and references to a development agreement lease include any provisions of a development agreement, or an agreement connected with such an agreement, providing for the grant of a lease of any land by the Secretary of State.</content></subsection><subsection eId="section-40-4"><num>(4)</num><content>For the purposes of this section, an agreement is connected with a development agreement if the development agreement is expressed to be conditional upon it being entered into.</content></subsection><subsection eId="section-40-5"><num>(5)</num><content>This section shall be deemed to have come into force on 4th July 1995.</content></subsection></section><section eId="section-41"><num>41</num><heading> Variation of development agreement: disapplication of s.2 of Law of Property (Miscellaneous Provisions) Act 1989.</heading><subsection eId="section-41-1"><num>(1)</num><content>Section 2(1) to (6) of the <noteRef href="#c1252032" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Law of Property (Miscellaneous Provisions) Act 1989 (under which a contract for the sale <abbr title="et cetera" xml:lang="la">etc.</abbr> of land can only be made by incorporating all the terms agreed in one document) shall not apply in relation to the variation of a development agreement.</content></subsection><subsection eId="section-41-2"><num>(2)</num><content>This section shall be deemed to have come into force on 31st May 1996.</content></subsection></section><section eId="section-42"><num><noteRef href="#key-61e52d02f6d5ed6f18b3d3a395f710c9" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>42</num><heading> Related works: application of section 9 of the Transport and Works Act 1992.</heading><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></section><section eId="section-42A"><num><noteRef href="#c1252034" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/><ins class="first" ukl:ChangeId="d29p2471">42A</ins></num><heading><ins ukl:ChangeId="d29p2471"> Strategic Rail Authority as agent of Secretary of State.</ins></heading><subsection eId="section-42A-1"><num><ins ukl:ChangeId="d29p2471"><del class="first" ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981"><noteRef uk:name="commentary" href="#key-36cd2ff35f99e48d830bb989f8c09981" class="commentary"/>(1)</del></ins></num><content><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">The Strategic Rail Authority may do anything which it arranges with the Secretary of State to do on his behalf in connection with any agreement or other arrangement made by him for the purpose of securing the design, construction, financing, maintenance or operation of the rail link or any of the other works authorised by this Part of this Act.</del></ins></content></subsection><subsection eId="section-42A-2"><num><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">(2)</del></ins></num><intro><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">Subsection (1) above—</del></ins></intro><level class="para1" eId="section-42A-2-a"><num><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">(a)</del></ins></num><content><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">does not authorise the Strategic Rail Authority to exercise any function conferred or imposed by or by virtue of any enactment, and</del></ins></content></level><level class="para1" eId="section-42A-2-b"><num><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">(b)</del></ins></num><content><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">is subject to the terms of the agreement or other arrangement.</del></ins></content></level></subsection><subsection eId="section-42A-3"><num><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">(3)</del></ins></num><content><ins class="last" ukl:ChangeId="d29p2471"><del class="last" ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">Sections 207 and 208 of the Transport Act 2000 do not apply to the power conferred by this section.</del></ins></content></subsection></section><section eId="section-43"><num>43</num><heading> Arbitration.</heading><subsection eId="section-43-1"><num>(1)</num><content>Where under this Part of this Act any difference is to be referred to arbitration, the difference shall be referred to, and settled by, a single arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Institution of Civil Engineers.</content></subsection><subsection eId="section-43-2"><num>(2)</num><content>The Secretary of State <noteRef href="#c1252036" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>. . . may by rules made by statutory instrument make provision about procedure in relation to arbitration under this Part of this Act.</content></subsection></section></hcontainer></part>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-works"><heading> Works</heading><section eId="section-1"><num>1</num><heading> Construction and maintenance of scheduled works.</heading><subsection eId="section-1-1"><num>(1)</num><intro>The nominated undertaker may construct and maintain the works specified in Schedule 1 to this Act (“<term refersTo="#term-the-scheduled-works" eId="term-the-scheduled-works">the scheduled works</term>”), being—</intro><level class="para1" eId="section-1-1-a"><num>(a)</num><content>works for the construction of a railway between <abbr title="Saint">St.</abbr> Pancras in London and the Channel Tunnel portal at Castle Hill, Folkestone, Kent,</content></level><level class="para1" eId="section-1-1-b"><num>(b)</num><content>works consequent on, or incidental to, the construction of the works mentioned in paragraph (a) above, and</content></level><level class="para1" eId="section-1-1-c"><num>(c)</num><content>works which can conveniently be carried out at the same time as works included in paragraph (a) or (b) above.</content></level></subsection><subsection eId="section-1-2"><num>(2)</num><content>Subject to subsection (3) below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.</content></subsection><subsection eId="section-1-3"><num>(3)</num><intro>In constructing or maintaining any of the scheduled works, the nominated undertaker may—</intro><level class="para1" eId="section-1-3-a"><num>(a)</num><content>deviate laterally from the lines or situations shown on the deposited plans to any extent within the limits of deviation for that work so shown, and</content></level><level class="para1" eId="section-1-3-b"><num>(b)</num><intro>deviate vertically from the level shown for that work on the deposited sections—</intro><level class="para2" eId="section-1-3-b-i"><num>(i)</num><content>to any extent not exceeding 3 metres upwards, and</content></level><level class="para2" eId="section-1-3-b-ii"><num>(ii)</num><content>to any extent downwards.</content></level></level></subsection></section><section eId="section-2"><num>2</num><heading> Further and supplementary provisions.</heading><content>Schedule 2 to this Act (which contains further and supplementary provisions about works) shall have effect.</content></section><section eId="section-3"><num>3</num><heading> Highways.</heading><content>Schedule 3 to this Act (which makes provision in relation to highways in connection with the works authorised by this Part of this Act) shall have effect.</content></section></hcontainer>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-1"><num>1</num><heading> Construction and maintenance of scheduled works.</heading><subsection eId="section-1-1"><num>(1)</num><intro>The nominated undertaker may construct and maintain the works specified in Schedule 1 to this Act (“<term refersTo="#term-the-scheduled-works" eId="term-the-scheduled-works">the scheduled works</term>”), being—</intro><level class="para1" eId="section-1-1-a"><num>(a)</num><content>works for the construction of a railway between <abbr title="Saint">St.</abbr> Pancras in London and the Channel Tunnel portal at Castle Hill, Folkestone, Kent,</content></level><level class="para1" eId="section-1-1-b"><num>(b)</num><content>works consequent on, or incidental to, the construction of the works mentioned in paragraph (a) above, and</content></level><level class="para1" eId="section-1-1-c"><num>(c)</num><content>works which can conveniently be carried out at the same time as works included in paragraph (a) or (b) above.</content></level></subsection><subsection eId="section-1-2"><num>(2)</num><content>Subject to subsection (3) below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.</content></subsection><subsection eId="section-1-3"><num>(3)</num><intro>In constructing or maintaining any of the scheduled works, the nominated undertaker may—</intro><level class="para1" eId="section-1-3-a"><num>(a)</num><content>deviate laterally from the lines or situations shown on the deposited plans to any extent within the limits of deviation for that work so shown, and</content></level><level class="para1" eId="section-1-3-b"><num>(b)</num><intro>deviate vertically from the level shown for that work on the deposited sections—</intro><level class="para2" eId="section-1-3-b-i"><num>(i)</num><content>to any extent not exceeding 3 metres upwards, and</content></level><level class="para2" eId="section-1-3-b-ii"><num>(ii)</num><content>to any extent downwards.</content></level></level></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-1-1"><num>(1)</num><intro>The nominated undertaker may construct and maintain the works specified in Schedule 1 to this Act (“<term refersTo="#term-the-scheduled-works" eId="term-the-scheduled-works">the scheduled works</term>”), being—</intro><level class="para1" eId="section-1-1-a"><num>(a)</num><content>works for the construction of a railway between <abbr title="Saint">St.</abbr> Pancras in London and the Channel Tunnel portal at Castle Hill, Folkestone, Kent,</content></level><level class="para1" eId="section-1-1-b"><num>(b)</num><content>works consequent on, or incidental to, the construction of the works mentioned in paragraph (a) above, and</content></level><level class="para1" eId="section-1-1-c"><num>(c)</num><content>works which can conveniently be carried out at the same time as works included in paragraph (a) or (b) above.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-1-2"><num>(2)</num><content>Subject to subsection (3) below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-1-3"><num>(3)</num><intro>In constructing or maintaining any of the scheduled works, the nominated undertaker may—</intro><level class="para1" eId="section-1-3-a"><num>(a)</num><content>deviate laterally from the lines or situations shown on the deposited plans to any extent within the limits of deviation for that work so shown, and</content></level><level class="para1" eId="section-1-3-b"><num>(b)</num><intro>deviate vertically from the level shown for that work on the deposited sections—</intro><level class="para2" eId="section-1-3-b-i"><num>(i)</num><content>to any extent not exceeding 3 metres upwards, and</content></level><level class="para2" eId="section-1-3-b-ii"><num>(ii)</num><content>to any extent downwards.</content></level></level></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-2"><num>2</num><heading> Further and supplementary provisions.</heading><content>Schedule 2 to this Act (which contains further and supplementary provisions about works) shall have effect.</content></section>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-3"><num>3</num><heading> Highways.</heading><content>Schedule 3 to this Act (which makes provision in relation to highways in connection with the works authorised by this Part of this Act) shall have effect.</content></section>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-land"><heading> Land</heading><section eId="section-4"><num>4</num><heading> Acquisition within limits shown on deposited plans.</heading><subsection eId="section-4-1"><num>(1)</num><intro>The Secretary of State is authorised by this section to acquire compulsorily—</intro><level class="para1" eId="section-4-1-a"><num>(a)</num><content>so much of the land shown on the deposited plans within the limits of deviation for the scheduled works as may be required for or in connection with the works authorised by this Part of this Act, and</content></level><level class="para1" eId="section-4-1-b"><num>(b)</num><content>so much of the land so shown within the limits of land to be acquired or used as may be so required.</content></level></subsection><subsection eId="section-4-2"><num>(2)</num><content>Without prejudice to the generality of subsection (1) above, the purposes for which land may be acquired under that subsection include, in the case of so much of any land specified in columns (1) and (2) of Part I of Schedule 4 to this Act as is within the limits of land to be acquired or used, the purpose specified in relation to that land in column (3) of that Part as one for which that land may be acquired or used.</content></subsection><subsection eId="section-4-3"><num>(3)</num><content>Part II of Schedule 4 to this Act (application of legislation relating to compulsory purchase) and Part III of that Schedule (supplementary provisions) shall have effect.</content></subsection></section><section eId="section-5"><num>5</num><heading> Acquisition outside limits shown on deposited plans.</heading><subsection eId="section-5-1"><num>(1)</num><content>The Secretary of State may acquire compulsorily land outside the relevant limits which is required for or in connection with the works authorised by this Part of this Act.</content></subsection><subsection eId="section-5-2"><num>(2)</num><intro>Without prejudice to the generality of subsection (1) above, the land which may be compulsorily acquired under that subsection shall include land which is or will be required—</intro><level class="para1" eId="section-5-2-a"><num>(a)</num><content>for use in mitigating the effect on the environment of any of the works authorised by this Part of this Act,</content></level><level class="para1" eId="section-5-2-b"><num>(b)</num><content>for use in relocating apparatus which it is expedient to divert or replace in consequence of the carrying out of any of the works authorised by this Part of this Act, or</content></level><level class="para1" eId="section-5-2-c"><num>(c)</num><content>for the purpose of being given in exchange for land forming part of a common, open space or fuel or field garden allotment which is acquired under section 4(1) above.</content></level></subsection><subsection eId="section-5-3"><num>(3)</num><content>The power of acquiring land compulsorily under subsection (1) above shall include power to acquire an easement or other right over land by the grant of a new right.</content></subsection><subsection eId="section-5-4"><num>(4)</num><content>The <noteRef href="#c1251926" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981 shall apply to the compulsory acquisition of land under subsection (1) above; and Schedule 3 to that Act shall apply to a compulsory acquisition by virtue of subsection (3) above.</content></subsection><subsection eId="section-5-5"><num>(5)</num><content>Part I of the <noteRef href="#c1251927" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, and the enactments relating to compensation for the compulsory purchase of land, shall apply to a compulsory acquisition by virtue of subsection (3) above with the modifications mentioned in paragraph 8(2)(a) and (b) of Schedule 4 to this Act.</content></subsection><subsection eId="section-5-6"><num>(6)</num><intro>In this section—</intro><hcontainer name="definition"><content>“<term refersTo="#term-apparatus" eId="term-apparatus">apparatus</term>” includes a sewer, drain or tunnel and any structure for the lodging therein of apparatus or for gaining access to apparatus;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-common" eId="term-common">common</term>” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-fuel-or-field-garden-allotment" eId="term-fuel-or-field-garden-allotment">fuel or field garden allotment</term>” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-open-space" eId="term-open-space">open space</term>” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-relevant-limits" eId="term-the-relevant-limits">the relevant limits</term>” means the limits of deviation for the scheduled works and the limits of land to be acquired or used.</content></hcontainer></subsection></section><section eId="section-6"><num>6</num><heading> Temporary possession and use.</heading><content>Schedule 5 to this Act (which contains provisions about temporary possession and use of land for the purposes of this Part of this Act) shall have effect.</content></section><section eId="section-7"><num>7</num><heading> Extinguishment of private rights of way.</heading><subsection eId="section-7-1"><num>(1)</num><intro>All private rights of way over land which is held by the Secretary of State as being required for or in connection with the works authorised by this Part of this Act shall be extinguished—</intro><level class="para1" eId="section-7-1-a"><num>(a)</num><content>in the case of land held by the Secretary of State immediately before the coming into force of this Act, on the coming into force of this Act, and</content></level><level class="para1" eId="section-7-1-b"><num>(b)</num><content>in the case of land acquired by the Secretary of State after the coming into force of this Act, at the appropriate time.</content></level></subsection><subsection eId="section-7-2"><num>(2)</num><intro>For the purposes of subsection (1)(b) above, the appropriate time is the time of acquisition, except where land—</intro><level class="para1" eId="section-7-2-a"><num>(a)</num><content>is acquired compulsorily, and</content></level><level class="para1" eId="section-7-2-b"><num>(b)</num><content>is land in respect of which the power conferred by section 11(1) of the Compulsory Purchase Act 1965 (power of entry following notice to treat) is exercised,</content></level><wrapUp>in which case it is the time of entry under that provision.</wrapUp></subsection><subsection eId="section-7-3"><num>(3)</num><content>Any person who suffers loss by the extinguishment of any right of way under this section shall be entitled to be compensated by the nominated undertaker.</content></subsection><subsection eId="section-7-4"><num>(4)</num><content>Any dispute as to a person’s entitlement to compensation under this section, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the <noteRef href="#c1251929" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1961.</content></subsection><subsection eId="section-7-5"><num>(5)</num><content>This section does not apply in relation to any right of way to which section 271 or 272 of the <noteRef href="#c1251930" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers <abbr title="et cetera" xml:lang="la">etc.</abbr>) applies.</content></subsection></section><section eId="section-8"><num>8</num><heading> Extinguishment of rights of statutory undertakers <abbr title="et cetera" xml:lang="la">etc.</abbr></heading><subsection eId="section-8-1"><num>(1)</num><content>Sections 271 to 273 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers <abbr title="et cetera" xml:lang="la">etc.</abbr>) shall apply in relation to land held by the Secretary of State as being land which is required for or in connection with the works authorised by this Part of this Act as they apply in relation to land acquired or appropriated as mentioned in section 271(1) of that Act.</content></subsection><subsection eId="section-8-2"><num>(2)</num><content>In the application of sections 271 to 273 of that Act by virtue of subsection (1) above, references to the acquiring or appropriating authority shall be construed as references to the nominated undertaker.</content></subsection><subsection eId="section-8-3"><num>(3)</num><intro>In their application by virtue of subsection (1) above, sections 271 and 272 of that Act shall also have effect with the following modifications—</intro><level class="para1" eId="section-8-3-a"><num>(a)</num><content><mod>in subsection (2), for the words from “with” to “appropriated” there shall be substituted <quotedText>“ authorised by Part I of the Channel Tunnel Rail Link Act 1996 ”</quotedText>, and</mod></content></level><level class="para1" eId="section-8-3-b"><num>(b)</num><content><mod>in subsection (5), for the words from “local” to “or undertakers” there shall be substituted <quotedText>“ a person other than a Minister, he ”</quotedText>.</mod></content></level></subsection><subsection eId="section-8-4"><num>(4)</num><content>In the Town and Country Planning Act 1990, any reference to, or to any provision of, section 271, 272 or 273 shall include a reference to, or to that provision of, that section as applied by subsection (1) above.</content></subsection><subsection eId="section-8-5"><num>(5)</num><intro>In their application by virtue of subsection (4) above, the following provisions of that Act shall have effect with the following modifications—</intro><level class="para1" eId="section-8-5-a"><num>(a)</num><content><mod>in section 274(3), for “local authority or statutory undertakers” there shall be substituted <quotedText>“ person ”</quotedText>, and</mod></content></level><level class="para1" eId="section-8-5-b"><num>(b)</num><content>in sections 274(5), 279(2) to (4) and 280(6), references to the acquiring or appropriating authority shall be construed as references to the nominated undertaker.</content></level></subsection></section></hcontainer>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-4"><num>4</num><heading> Acquisition within limits shown on deposited plans.</heading><subsection eId="section-4-1"><num>(1)</num><intro>The Secretary of State is authorised by this section to acquire compulsorily—</intro><level class="para1" eId="section-4-1-a"><num>(a)</num><content>so much of the land shown on the deposited plans within the limits of deviation for the scheduled works as may be required for or in connection with the works authorised by this Part of this Act, and</content></level><level class="para1" eId="section-4-1-b"><num>(b)</num><content>so much of the land so shown within the limits of land to be acquired or used as may be so required.</content></level></subsection><subsection eId="section-4-2"><num>(2)</num><content>Without prejudice to the generality of subsection (1) above, the purposes for which land may be acquired under that subsection include, in the case of so much of any land specified in columns (1) and (2) of Part I of Schedule 4 to this Act as is within the limits of land to be acquired or used, the purpose specified in relation to that land in column (3) of that Part as one for which that land may be acquired or used.</content></subsection><subsection eId="section-4-3"><num>(3)</num><content>Part II of Schedule 4 to this Act (application of legislation relating to compulsory purchase) and Part III of that Schedule (supplementary provisions) shall have effect.</content></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-4-1"><num>(1)</num><intro>The Secretary of State is authorised by this section to acquire compulsorily—</intro><level class="para1" eId="section-4-1-a"><num>(a)</num><content>so much of the land shown on the deposited plans within the limits of deviation for the scheduled works as may be required for or in connection with the works authorised by this Part of this Act, and</content></level><level class="para1" eId="section-4-1-b"><num>(b)</num><content>so much of the land so shown within the limits of land to be acquired or used as may be so required.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-4-2"><num>(2)</num><content>Without prejudice to the generality of subsection (1) above, the purposes for which land may be acquired under that subsection include, in the case of so much of any land specified in columns (1) and (2) of Part I of Schedule 4 to this Act as is within the limits of land to be acquired or used, the purpose specified in relation to that land in column (3) of that Part as one for which that land may be acquired or used.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-4-3"><num>(3)</num><content>Part II of Schedule 4 to this Act (application of legislation relating to compulsory purchase) and Part III of that Schedule (supplementary provisions) shall have effect.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-5-1"><num>(1)</num><content>The Secretary of State may acquire compulsorily land outside the relevant limits which is required for or in connection with the works authorised by this Part of this Act.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-5-2"><num>(2)</num><intro>Without prejudice to the generality of subsection (1) above, the land which may be compulsorily acquired under that subsection shall include land which is or will be required—</intro><level class="para1" eId="section-5-2-a"><num>(a)</num><content>for use in mitigating the effect on the environment of any of the works authorised by this Part of this Act,</content></level><level class="para1" eId="section-5-2-b"><num>(b)</num><content>for use in relocating apparatus which it is expedient to divert or replace in consequence of the carrying out of any of the works authorised by this Part of this Act, or</content></level><level class="para1" eId="section-5-2-c"><num>(c)</num><content>for the purpose of being given in exchange for land forming part of a common, open space or fuel or field garden allotment which is acquired under section 4(1) above.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-5-3"><num>(3)</num><content>The power of acquiring land compulsorily under subsection (1) above shall include power to acquire an easement or other right over land by the grant of a new right.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-5-6"><num>(6)</num><intro>In this section—</intro><hcontainer name="definition"><content>“<term refersTo="#term-apparatus" eId="term-apparatus">apparatus</term>” includes a sewer, drain or tunnel and any structure for the lodging therein of apparatus or for gaining access to apparatus;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-common" eId="term-common">common</term>” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-fuel-or-field-garden-allotment" eId="term-fuel-or-field-garden-allotment">fuel or field garden allotment</term>” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-open-space" eId="term-open-space">open space</term>” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-relevant-limits" eId="term-the-relevant-limits">the relevant limits</term>” means the limits of deviation for the scheduled works and the limits of land to be acquired or used.</content></hcontainer></subsection>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="definition"><content>“<term refersTo="#term-a2-and-m2-improvement-works" eId="term-a2-and-m2-improvement-works">A2 and M2 improvement works</term>” has the meaning given by section 44(1) above;</content></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="wrapper1"><content> Note: 1. In the case of items 1(b) and (c) and 6, the second of the grounds specified does not apply in relation to development which forms part of a scheduled work.</content></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="definition"><content>“fuel or field garden allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;</content></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="definition"><content>“development agreement” means an agreement (including one entered into before the passing of this Act) to which the Secretary of State is a party and under which another party has responsibilities in relation to the design, construction, financing or maintenance of the rail link;</content></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="definition"><content>“the relevant limits” means the limits of deviation for the scheduled works and the limits of land to be acquired or used.</content></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="schedule" eId="schedule-1"><num>SCHEDULE 1<authorialNote class="referenceNote">Section 1.</authorialNote></num><heading> Scheduled Works</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-1-crossheading-description-of-works"><heading> Description of works</heading><paragraph eId="schedule-1-paragraph-1" class="schProv1"><num>1</num><content>The works which the nominated undertaker is authorised by section 1 above to construct and maintain are the following—In the London Boroughs of Camden and Islington—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e3670"><heading><abbr title="Saint">St.</abbr> Pancras to Highbury Corner</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn1" class="schProv1"><num>Work No. 1—</num><content>Railways between <abbr title="Saint">St.</abbr> Pancras and Highbury Corner and related works comprising the following railways, including a station terminus at St Pancras for international and domestic services and the provision of facilities in connection therewith—</content></paragraph></hcontainer><hcontainer name="subheading" class="schGroup7" eId="d25e3684"><heading> International High Speed Railway</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn2" class="schProv1"><num>Work No. 1A—</num><content>A railway (741 metres in length) commencing in the intended <abbr title="Saint">St.</abbr> Pancras Station, passing north-westwards over the new road (Work <abbr title="Number">No.</abbr> 5D), then northwards over the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A) and terminating at a point 33 metres south of the southern abutment of the existing bridge over the Regent’s Canal, including bridges over Works <abbr title="Numbers">Nos.</abbr> 5A and 5D;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn3" class="schProv1"><num>Work No. 1AA—</num><content>A railway (2,189 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1A) at its termination, passing northwards over the Regent’s Canal and the railway (Work <abbr title="Number">No.</abbr> 2) in tunnel, then passing north-eastwards over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), the railways (Works <abbr title="Numbers">Nos.</abbr> 2AA and 2BB) in tunnel and the East Coast Main Line to a tunnel portal 65 metres to the east of that railway, then passing in tunnel over the Piccadilly Line then beneath Caledonian Road, Westbourne Road and Liverpool Road and terminating at Highbury Corner beneath the junction of that road with Highbury Place, including bridges over the Regent’s Canal, Work <abbr title="Number">No.</abbr> 5Q and the East Coast Main Line;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn4" class="schProv1"><num>Work No. 1B—</num><content>A railway (737 metres in length) commencing in the intended <abbr title="Saint">St.</abbr> Pancras Station, passing north-westwards over the new road (Work <abbr title="Number">No.</abbr> 5D), then northwards over the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A) and terminating at a point 30 metres south of the southern abutment of the existing bridge over the Regent’s Canal, including bridges over Works <abbr title="Numbers">Nos.</abbr> 5A and 5D;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn5" class="schProv1"><num>Work No. 1BB—</num><content>A railway (2,182 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1B) at its termination, passing northwards over the Regent’s Canal and the railway (Work <abbr title="Number">No.</abbr> 2) in tunnel, then passing north-eastwards in tunnel beneath the railway (Work <abbr title="Number">No.</abbr> 1CC) for a distance of 150 metres, then over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), the railways (Works <abbr title="Numbers">Nos.</abbr> 2AA and 2BB) in tunnel and the East Coast Main Line to a tunnel portal 65 metres to the east of that railway, then passing in tunnel over the Piccadilly Line then beneath Caledonian Road, Westbourne Road and Liverpool Road and terminating at Highbury Corner beneath the junction of that road with Highbury Place, including bridges over the Regent’s Canal, Work <abbr title="Number">No.</abbr> 5Q and the East Coast Main Line;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e3769"><heading> Domestic Railway</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn6" class="schProv1"><num>Work No. 1C—</num><content>A railway (533 metres in length) commencing in the intended <abbr title="Saint">St.</abbr> Pancras Station at a point 15 metres north-west of the existing junction of Clarence Passage with Pancras Road, passing north-westwards on the eastern side of the existing Midland Main Line, over the new road (Work <abbr title="Number">No.</abbr> 5D) and the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A), and terminating at a point 25 metres south of the southern abutment of the existing bridge over the Regent’s Canal, including bridges over Works <abbr title="Numbers">Nos.</abbr> 5A and 5D;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn7" class="schProv1"><num>Work No. 1CC—</num><content>A railway (650 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1C) at its termination, passing northwards over the Regent’s Canal, then passing north-eastwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 1BB and 1DD) in tunnel, then over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q) and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 1AA) at a point 100 metres north-east of the existing York Way bridge, including bridges over the Regent’s Canal and Work <abbr title="Number">No.</abbr> 5Q;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn8" class="schProv1"><num>Work No. 1D—</num><content>A railway (534 metres in length) commencing in the intended <abbr title="Saint">St.</abbr> Pancras Station at a point 15 metres north-west of the existing junction of Clarence Passage with Pancras Road, passing north-westwards on the eastern side of the existing Midland Main Line, over the new road (Work <abbr title="Number">No.</abbr> 5D) and the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A), and terminating at a point 30 metres south of the southern abutment of the existing bridge over the Regent’s Canal, including bridges over Works <abbr title="Numbers">Nos.</abbr> 5A and 5D;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn9" class="schProv1"><num>Work No. 1DD—</num><content>A railway (680 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1D) at its termination, passing northwards over the railway (Work <abbr title="Number">No.</abbr> 2) in tunnel and the Regent’s Canal, then passing north-eastwards in tunnel beneath the railway (Work <abbr title="Number">No.</abbr> 1CC) for a distance of 150 metres, then over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q) and the railways (Works <abbr title="Numbers">Nos.</abbr> 2AA and 2BB) in tunnel, and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 1BB) at a point 125 metres north-east of the existing York Way bridge, including bridges over the Regent’s Canal and Work <abbr title="Number">No.</abbr> 5Q;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn10" class="schProv1"><num>Work No. 1EE—</num><content>A railway (767 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1AA) at a point on the existing bridge over the Regent’s Canal, passing northwards over the Midland City Line (Thameslink) in tunnel, then north-westwards and westwards, then on viaduct over the Midland City Line (Thameslink), the diverted Midland Main Line (Work <abbr title="Number">No.</abbr> 3B) and the railways (Works <abbr title="Numbers">Nos.</abbr> 1HH and 3C) and terminating by a junction with the North London Line at a point 15 metres east of the bridge carrying that railway over St Pancras Way, including the said viaduct;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn11" class="schProv1"><num>Work No. 1FF—</num><content>A railway (394 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1EE) at a point 95 metres north of the northern abutment of the existing bridge over the Regent’s Canal, passing northwards and north-eastwards under the railway (Work <abbr title="Number">No.</abbr> 1GG) and terminating by a junction with the realigned North London Incline Railway (Work <abbr title="Number">No.</abbr> 1JJ) at a point 30 metres west of the bridge carrying York Way over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn12" class="schProv1"><num>Work No. 1GG—</num><content>A railway (696 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1EE) at a point 40 metres east of the bridge carrying the North London Line over <abbr title="Saint">St.</abbr> Pancras Way, passing eastwards on viaduct over the diverted Midland Main Line (Work <abbr title="Number">No.</abbr> 3B), the railways (Works <abbr title="Numbers">Nos.</abbr> 1HH and 3C) and the Midland City Line (Thameslink), then continuing on viaduct, passing south-eastwards over the new road (Work <abbr title="Number">No.</abbr> 5EE) and the railway (Work <abbr title="Number">No.</abbr> 1FF) and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 1AA) at a point 40 metres west of the bridge carrying York Way over the North London Incline Railway, including the said viaduct;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn13" class="schProv1"><num>Work No. 1HH—</num><content>A railway (610 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1EE) at a point 55 metres north of the northern abutment of the existing bridge over the Regent’s Canal, passing northwards over the Midland City Line (Thameslink) in tunnel, then under the railways (Works <abbr title="Numbers">Nos.</abbr> 1EE, 1GG and 1JJ) and the existing bridge carrying the North London Line over the Midland Main Line and terminating by a junction with that railway at a point beneath the southern parapet of the bridge carrying Agar Grove over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn14" class="schProv1"><num>Work No. 1JJ—</num><content>A railway (955 metres in length), forming a realignment of the North London Incline Railway, commencing by a junction with the North London Line at a point 130 metres east of the bridge carrying that railway over <abbr title="Saint">St.</abbr> Pancras Way, passing eastwards then south-eastwards, then on viaduct over the diverted Midland Main Line (Work <abbr title="Number">No.</abbr> 3B), the railways (Works <abbr title="Numbers">Nos.</abbr> 1HH and 3C), the Midland City Line (Thameslink) and the new road (Work <abbr title="Number">No.</abbr> 5EE), then over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), then passing northwards under the North London Line on viaduct and terminating by a junction with the Great Northern Suburban Line at the southern portal of the western bore of the Copenhagen Tunnel, including the said viaduct and a bridge over Work <abbr title="Number">No.</abbr> 5Q;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn15" class="schProv1"><num>Work No. 1K—</num><content>A railway (103 metres in length), forming a cross-over between the diverted Midland Main Line (Work <abbr title="Number">No.</abbr> 3B) and the railway (Work <abbr title="Number">No.</abbr> 1A), commencing by a junction with Work <abbr title="Number">No.</abbr> 3B at its commencement and terminating by a junction with Work <abbr title="Number">No.</abbr> 1A at its termination;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e3971"><heading> Thameslink, <abbr title="Saint">St.</abbr> Pancras and King’s Cross</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn16" class="schProv1"><num>Work No. 2—</num><content>A railway (876 metres in length), including a station tunnel on the Midland City Line (Thameslink) beneath <abbr title="Saint">St.</abbr> Pancras Station, commencing by a junction with that railway in tunnel at a point beneath Midland Road 145 metres north-east of the existing junction of that road with Euston Road, passing in tunnel north-westwards and northwards beneath the Regent’s Canal and terminating by a junction with that railway in tunnel at a point beneath the existing Midland Main Line 55 metres north of the northern abutment of the bridge carrying that last-mentioned railway over that canal;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn17" class="schProv1"><num>Work No. 2A—</num><content>A railway (325 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 2) in tunnel at a point beneath the existing Midland Main Line 250 metres south of the southern abutment of the bridge carrying that railway over Camley Street, passing in tunnel northwards on the western side of Work <abbr title="Number">No.</abbr> 2 beneath the railways (Works <abbr title="Numbers">Nos.</abbr> 1A and 1B) and the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A) and terminating in tunnel at a point beneath the railway (Work <abbr title="Number">No.</abbr> 1D) 90 metres south of the southern abutment of the existing bridge over the Regent’s Canal;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn18" class="schProv1"><num>Work No. 2AA—</num><content>A railway (883 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 2A) at its termination, passing in tunnel north-eastwards beneath the railways (Works <abbr title="Numbers">Nos.</abbr> 1C and 2), <abbr title="Saint">St.</abbr> Pancras Basin, the Regent’s Canal and the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), then passing north-eastwards and northwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 1AA, 1BB and 1DD) to a tunnel portal at a point 40 metres south of the southern side of the viaduct carrying the North London Line over the East Coast Main Line, then continuing under the North London Line on viaduct and terminating by a junction with the Great Northern Suburban Line at the southern portal of the western bore of the Copenhagen Tunnel on that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn19" class="schProv1"><num>Work No. 2B—</num><content>A railway (255 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 2) in tunnel at the said point beneath the existing Midland Main Line 250 metres south of the southern abutment of the bridge carrying that railway over Camley Street, passing in tunnel northwards on the eastern side of Work <abbr title="Number">No.</abbr> 2 beneath the railways (Works <abbr title="Numbers">Nos.</abbr> 1A, 1B, 1C and 1D) and terminating in tunnel at a point beneath the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A) 150 metres south-east of the southern abutment of the existing bridge over the Regent’s Canal;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn20" class="schProv1"><num>Work No. 2BB—</num><content>A railway (928 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 2B) at its termination, passing in tunnel north-eastwards beneath <abbr title="Saint">St.</abbr> Pancras Basin, the Regent’s Canal and the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), then passing north-eastwards and northwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 1AA, 1BB and 1DD) to a tunnel portal at a point 35 metres south of the southern side of the viaduct carrying the North London Line over the East Coast Main Line, then continuing under the North London Line on viaduct and terminating by a junction with the Great Northern Suburban Line at the said southern portal of the western bore of the Copenhagen Tunnel on that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn21" class="schProv1"><num>Work No. 2C—</num><content>A railway (80 metres in length), forming a cross-over between the northbound and southbound rails of the Great Northern Suburban Line in tunnel within the western bore of the Copenhagen Tunnel, commencing and terminating by junctions with that railway at points respectively 50 metres and 130 metres north of the southern portal of that tunnel;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn22" class="schProv1"><num>Work No. 2D—</num><content>A railway (240 metres in length), forming cross-overs between the northbound and southbound rails of the City Widened Lines (Thameslink) partly within the Clerkenwell <abbr title="Number">No.</abbr> 3 Tunnel, commencing by a junction with that railway in tunnel beneath the junction of Frederick Street with the Kings Cross Road, passing north-westwards beneath Acton Street, Swinton Street, Wicklow Street and Britannia Street and terminating by a junction with that railway at a point 10 metres south-east of the bridge carrying Leeke Street over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn23" class="schProv1"><num>Work No. 2E—</num><content>A railway (349 metres in length), forming a cross-over between the Midland City Line (Thameslink) and the Midland Main Line at Kentish Town, commencing by a junction with that first named railway at a point 20 metres south-east of the south-eastern side of the bridge carrying Islip Street over that railway, passing south-eastwards and terminating by a junction with that last named railway at a point 85 metres north-west of the north-western portal of the Camden Road Tunnel;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e4086"><heading> Midland Main Line</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn24" class="schProv1"><num>Work No. 3—</num><content>A railway (645 metres in length), forming a diversion of the Midland Main Line at <abbr title="Saint">St.</abbr> Pancras Station, commencing at its terminus in that station, passing north-westwards on the western side of the existing railway, including a western extension of the station over Midland Road and Pancras Road, then northwards over the new road (Work <abbr title="Number">No.</abbr> 5D) and the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A) and terminating at a point on the northern side of Work <abbr title="Number">No.</abbr> 5A 140 metres south of the existing bridge over the Regent’s Canal, including bridges over Works <abbr title="Numbers">Nos.</abbr> 5A and 5D;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn25" class="schProv1"><num>Work No. 3B—</num><content>A railway (846 metres in length), forming a continuation of the diversion of the Midland Main Line at <abbr title="Saint">St.</abbr> Pancras Station, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 3) at its termination, passing northwards over the Regent’s Canal, under the railways (Works <abbr title="Numbers">Nos.</abbr> 1EE, 1GG and 1JJ) on viaduct and the existing bridge carrying the North London Line over the Midland Main Line and terminating by a junction with that railway beneath a point 30 metres north of the southern parapet of the bridge carrying Agar Grove over that railway, including a bridge over the Regent’s Canal;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn26" class="schProv1"><num>Work No. 3C—</num><content>A railway (876 metres in length), forming a siding on the western side of the diverted Midland Main Line (Works <abbr title="Numbers">Nos.</abbr> 3 and 3B) north of <abbr title="Saint">St.</abbr> Pancras Station, commencing at a point 60 metres south of the bridge carrying that railway over the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A), passing northwards over Work <abbr title="Number">No.</abbr> 5A and the Regent’s Canal, under the railways (Works <abbr title="Numbers">Nos.</abbr> 1EE, 1GG and 1JJ) on viaduct and the existing bridge carrying the North London Line over the Midland Main Line and terminating by a junction with that railway beneath a point 15 metres south of the said southern parapet of the bridge carrying Agar Grove over that railway, including bridges over Work <abbr title="Number">No.</abbr> 5A and the Regent’s Canal;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn27" class="schProv1"><num>Work No. 3D—</num><content>A railway (71 metres in length), forming a cross-over between the northbound and southbound rails of the Midland Main Line, commencing by a junction with that railway at the northern portal of the Camden Road Tunnel on that railway, passing northwards and terminating by a junction with that railway at a point 70 metres north of its commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn28" class="schProv1"><num>Work No. 3E—</num><content>A railway (829 metres in length), for construction purposes, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1HH) at a point 110 metres south-east of the southern side of the bridge carrying the North London Line over the Midland Main Line, passing south-eastwards, then eastwards and north-eastwards under the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), then passing northwards and terminating by a junction with the Great Northern Suburban Line at a point 65 metres south of the southern side of the viaduct carrying the North London Line over that railway;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e4168"><heading> London Underground: ticket halls and subways</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn29" class="schProv1"><num>Work No. 4—</num><content>Ticket halls and subways, including alteration of existing ticket halls and subways, of the London Underground Railways comprising—</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn30" class="schProv1"><num>Work No. 4A—</num><content>A passenger subway commencing on the eastern side of the intended <abbr title="Saint">St.</abbr> Pancras Station beneath a point 22 metres north of the existing junction of Clarence Passage with Pancras Road, passing south-eastwards to a ticket hall beneath the northern side of the forecourt of the Great Northern Hotel and terminating by a junction with the passenger subways (Works <abbr title="Numbers">Nos.</abbr> 4AA and 4F) beneath a point 26 metres north of the north-eastern corner of the Great Northern Hotel, including the said ticket hall;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn31" class="schProv1"><num>Work No. 4AA—</num><content>A passenger subway commencing by a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4A) at its termination and the passenger subway (Work <abbr title="Number">No.</abbr> 4F) at its commencement, passing eastwards to junctions with the passenger subway (Work <abbr title="Number">No.</abbr> 4MM) then continuing south-eastwards to a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4D), continuing eastwards and terminating by a junction with the existing passenger subway beneath a point 14 metres west of the junction of Caledonian Road with Pentonville Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn32" class="schProv1"><num>Work No. 4B—</num><content>A ticket hall in the German Gym off Pancras Road and a passenger subway commencing on the south-western side of that building at a point 40 metres west of the existing junction of Wellers Court with Cheney Road, passing south-eastwards, then south-westwards and terminating by a junction with the subway (Work <abbr title="Number">No.</abbr> 4A) beneath a point 23 metres east of the junction of Wellers Court with Pancras Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn33" class="schProv1"><num>Work No. 4C—</num><content>A passenger subway, forming a cross-passage between northbound and southbound station tunnels of the Victoria Line, commencing beneath a point 29 metres north-west of the junction of Caledonian Road with Pentonville Road; and terminating beneath a point 45 metres north-west of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn34" class="schProv1"><num>Work No. 4D—</num><content>A passenger subway, including a lift shaft, commencing by a junction with the cross-passage (Work <abbr title="Number">No.</abbr> 4C) beneath a point 35 metres north-west of the junction of Caledonian Road with Pentonville Road, passing south-westwards to a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4A) at its termination and terminating by a junction with the cross-passage (Work <abbr title="Number">No.</abbr> 4E) beneath a point 55 metres west of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn35" class="schProv1"><num>Work No. 4E—</num><content>A passenger subway, forming a cross-passage between northbound and southbound station tunnels of the Victoria Line, commencing and terminating beneath points 95 metres and 80 metres respectively south-east of the junction of Caledonia Street with York Way;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn36" class="schProv1"><num>Work No. 4F—</num><content>A passenger subway commencing by a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4A) at its termination and the passenger subway (Work <abbr title="Number">No.</abbr> 4AA) at its commencement beneath a point 26 metres north of the north-eastern corner of the Great Northern Hotel, passing south-westwards and terminating by a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4G) beneath a point in Pancras Road 40 metres south-west of the south-western corner of that building;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn37" class="schProv1"><num>Work No. 4G—</num><content>A passenger subway, including a lift shaft, commencing by a junction with the cross-passage (Work <abbr title="Number">No.</abbr> 4Q), passing eastwards to junctions with the cross-passage (Work <abbr title="Number">No.</abbr> 4R) and with the passenger subway (Work <abbr title="Number">No.</abbr> 4F) at its termination, and terminating by a junction with the existing cross-passage between northbound and southbound station tunnels of the Northern Line beneath a point 60 metres north-east of the existing junction of Pancras Road with Euston Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn38" class="schProv1"><num>Work No. 4H—</num><content>A passenger subway commencing in the ticket hall (part of Work <abbr title="Number">No.</abbr> 4A) beneath a point 48 metres north of the north-eastern corner of the Great Northern Hotel, passing south-eastwards and terminating by a junction with the existing passenger subway beneath a point 40 metres south-east of that corner of that building;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn39" class="schProv1"><num>Work No. 4J—</num><content>A passenger subway commencing in the existing ticket hall beneath the station concourse of King’s Cross Station beneath a point 40 metres north of the junction of Pancras Road with Euston Road and terminating in <abbr title="Saint">St.</abbr> Pancras Station beneath a point 60 metres north-west of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn40" class="schProv1"><num>Work No. 4K—</num><content>A ticket hall beneath the forecourt of <abbr title="Saint">St.</abbr> Pancras Station off Euston Road and a passenger subway commencing in that ticket hall beneath a point 100 metres west of the junction of Pancras Road with Euston Road, passing south-eastwards then north-eastwards and terminating by a junction with the Circle and Metropolitan Line Station concourse beneath a point 95 metres south-west of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn41" class="schProv1"><num>Work No. 4L—</num><content>A passenger subway commencing in <abbr title="Saint">St.</abbr> Pancras Station at a point 75 metres west of the junction of Pancras Road with Euston Road, passing south-eastwards beneath Euston Road and terminating in the footway on the southern side of Euston Road at a point 75 metres south-west of that road junction, including a junction with the new ticket hall (part of Work <abbr title="Number">No.</abbr> 4K) and a permanent opening in Euston Road at that termination;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn42" class="schProv1"><num>Work No. 4MM—</num><content>A passenger subway, including a lift shaft, commencing by a junction with the existing Piccadilly Line Station concourse beneath a point 56 metres north-west of the junction of York Way with Euston Road, passing northwards to junctions with the passenger subway (Work <abbr title="Number">No.</abbr> 4AA) and the cross passage (Work <abbr title="Number">No.</abbr> 4N) then continuing south-eastwards and terminating by a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4AA) beneath a point 45 metres north-east of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn43" class="schProv1"><num>Work No. 4N—</num><content>A passenger subway, forming a cross-passage between westbound and eastbound station tunnels of the Piccadilly Line, commencing beneath a point 35 metres west of the junction of Caledonia Street with York Way and terminating beneath a point 46 metres west of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn44" class="schProv1"><num>Work No. 4P—</num><content>A passenger subway, including a lift shaft, commencing in the ticket hall (part of Work <abbr title="Number">No.</abbr> 4A) beneath a point 17 metres east of the north-eastern corner of the Great Northern Hotel, passing south-eastwards, then south-westwards and south-eastwards and terminating beneath that building at a point 11 metres north-west of the south-eastern corner of that hotel;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn45" class="schProv1"><num>Work No. 4Q—</num><content>A passenger subway, forming a cross-passage between southbound and northbound station tunnels of the Northern Line, commencing beneath a point 70 metres south of the existing junction of Cheney Road with Pancras Road and terminating beneath a point 82 metres south of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn46" class="schProv1"><num>Work No. 4R—</num><content>A passenger subway, forming a cross-passage between southbound and northbound station tunnels of the Northern Line, commencing beneath a point 72 metres south of the existing junction of Cheney Road with Pancras Road and terminating beneath a point 84 metres south of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn47" class="schProv1"><num>Work No. 4S—</num><content>A passenger subway, including a lift shaft, commencing in the existing passenger subway beneath a point 33 metres north of the junction of Belgrove Street with Euston Road and terminating at the Circle and Metropolitan Line Station concourse beneath a point 20 metres north of that road junction;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e4362"><heading> Associated Works</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn48" class="schProv1"><num>Work No. 5—</num><content>Roadworks and sewer diversions associated with Works <abbr title="Numbers">Nos.</abbr> 1 to 4 comprising—</content></paragraph></hcontainer><hcontainer name="subheading" class="schGroup7" eId="d25e4374"><heading> Roadworks</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn49" class="schProv1"><num>Work No. 5A—</num><content>Realignment of Camley Street commencing at a point in that road 50 metres south of its junction with Granary Street, passing south-eastwards then eastwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 1A to 1D and 3), then south-eastwards and terminating by a junction with Camley Street (Work <abbr title="Number">No.</abbr> 5C) at a point on the western side of that road 44 metres north-west of its existing junction with Goods Way;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn50" class="schProv1"><num>Work No. 5B—</num><content>A road commencing in Pancras Road at a point 20 metres south-east of the entrance from that road to <abbr title="Saint">St.</abbr> Pancras Old Church, passing south-eastwards then southwards to a junction with Brill Place and terminating in Midland Road at its existing junction with Euston Road, including access to a service area in <abbr title="Saint">St.</abbr> Pancras Station;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn51" class="schProv1"><num>Work No. 5C—</num><content>A road commencing by a junction with Camley Street (Work <abbr title="Number">No.</abbr> 5A) at a point 45 metres north-west of its existing junction with Goods Way, passing south-eastwards to a point 5 metres east of the existing junction of Wellers Court with Cheney Road, then south-westwards to a point 55 metres south of the existing junction of Wellers Court with Pancras Road, then passing south-eastwards along the line of that road and terminating in that road at its existing junction with Euston Road, including access to a service area in <abbr title="Saint">St.</abbr> Pancras Station and a parcels depot;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn52" class="schProv1"><num>Work No. 5D—</num><content>A road commencing by a junction with Work <abbr title="Number">No.</abbr> 5B at a point 175 metres south-east of its commencement, passing north-eastwards beneath the intended <abbr title="Saint">St.</abbr> Pancras Station (Works <abbr title="Numbers">Nos.</abbr> 1A to 1D and 3), across Work <abbr title="Number">No.</abbr> 5C at a point 7 metres south of its commencement and terminating by a junction with Goods Way at a point 155 metres from the junction of that road with York Way;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn53" class="schProv1"><num>Work No. 5D(1)—</num><content>A road, for construction purposes, commencing at a point 43 metres north-west of Battle Bridge Road at its termination west of Kings Cross Station, passing northwards, then north-westwards over Goods Way (Work <abbr title="Number">No.</abbr> 5D) at the termination of that work and over the Regent’s Canal, then south-westwards and terminating by a junction with Wharf Road at a point 45 metres west of the existing bridge between Wharf Road and Goods Way, including bridges over Goods Way and the Regent’s Canal;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn54" class="schProv1"><num>Work No. 5D(2)—</num><content>Widening of Wharf Road on its northern side between a point 50 metres west of the western side of the existing bridge over the Regent’s Canal between Wharf Road and Goods Way and a point 15 metres east of the eastern side of that bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn55" class="schProv1"><num>Work No. 5EE—</num><content>A road commencing by a junction with the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q) at a point 70 metres south of the bridge carrying the North London Line over that road, passing westwards then south-westwards and southwards under the realigned North London Incline Railway (Work <abbr title="Number">No.</abbr> 1JJ) and the railway (Work <abbr title="Number">No.</abbr> 1GG) and terminating at a point 150 metres south-east of the existing bridge carrying the North London Line over the Midland Main Line;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn56" class="schProv1"><num>Work No. 5F—</num><content>A road commencing by a junction with Pancras Road (Work <abbr title="Number">No.</abbr> 5C) at a point 75 metres from its termination, passing north-eastwards, then northwards and north-westwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 5C at the south-eastern corner of the German Gym in Cheney Road as existing, including access to a parcels depot;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn57" class="schProv1"><num>Work No. 5F(1) —</num><content>A road commencing by a junction with Work <abbr title="Number">No.</abbr> 5F at a point 65 metres from the commencement of that work, passing westwards and north-westwards along the frontage of the Great Northern Hotel, then continuing northwards and north-eastwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 5F at a point 75 metres from the termination of that work;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn58" class="schProv1"><num>Work No. 5G—</num><content>Widening of Euston Road on its southern side between its junctions with Crestfield Street and Birkenhead Street;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn59" class="schProv1"><num>Work No. 5H—</num><content>Widening of Euston Road on its northern side between its junction with Euston Square and a point 45 metres north-east of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn60" class="schProv1"><num>Work No. 5Q—</num><content>A road, forming a diversion of York Way, commencing at a point in that road 80 metres north of the junction of Copenhagen Street with York Way, passing northwards then north-westwards over the railway (Work <abbr title="Number">No.</abbr> 3E) and the railways (Works <abbr title="Numbers">Nos.</abbr> 2AA and 2BB) in tunnel, then northwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 1AA, 1BB, 1CC, 1DD and 1JJ) to a junction with the new road (Work <abbr title="Number">No.</abbr> 5EE), then continuing northwards under the North London Line and terminating at a point in York Way 10 metres north-west of the junction of Vale Royal with York Way;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn61" class="schProv1"><num>Work No. 5Q(1)—</num><content>A road, forming a diversion of Randell’s Road, commencing by a junction with the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q) at a point 20 metres west of the existing junction of Randell’s Road with York Way, passing eastwards and terminating at a point in Randell’s Road 55 metres east of that existing road junction;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e4525"><heading> Sewer diversions</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn62" class="schProv1"><num>Work No. 5J—</num><content>A sewer, forming a diversion of part of the Fleet Sewer, commencing by a junction with that sewer beneath a point in Pancras Road 35 metres south-east of the junction of Chenies Place with that street, passing along the line of Work <abbr title="Number">No.</abbr> 5B to its junction with Brill Place, then passing eastwards beneath the intended <abbr title="Saint">St.</abbr> Pancras Station, then southwards on the eastern side of that station and terminating beneath a point in Pancras Road 5 metres north of the existing junction of Wellers Court with that road, including a weir chamber at its junction with the Fleet Storm Relief Sewer;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn63" class="schProv1"><num>Work No. 5K—</num><content>A sewer, forming a diversion of the Midland Road sewer, commencing by a junction with that sewer beneath a point in Midland Road 140 metres north of its existing junction with Euston Road, passing north-westwards then northwards beneath land adjoining Midland Road and terminating by a junction with Work <abbr title="Number">No.</abbr> 5J beneath a point on the north-western side of Brill Place at its existing junction with Midland Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn64" class="schProv1"><num>Work No. 5LL—</num><content>A sewer, forming a diversion of part of the Camden Sewer, commencing by a junction with that sewer beneath a point 10 metres north of the bridge carrying the North London Line over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), passing southwards, south-eastwards, then southwards and south-westwards and terminating by a junction with that sewer beneath a point 110 metres west of the Maiden Lane Bridge carrying York Way over the Regent’s Canal;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn65" class="schProv1"><num>Work No. 5N—</num><content>A sewer, forming a diversion of the Camley Street Sewer, commencing by a junction with that sewer beneath a point in that street (Work <abbr title="Number">No.</abbr> 5A) 93 metres from the termination of that work, passing southwards along the line of that work and Work <abbr title="Number">No.</abbr> 5C to a point 15 metres south of Battle Bridge Road, then passing south-eastwards and terminating by a junction with the sewer (Work <abbr title="Number">No.</abbr> 5J) at a point on the northern side of Stanley Passage 35 metres north-east of its existing junction with Pancras Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn66" class="schProv1"><num>Work No. 5P—</num><content>A sewer, forming a diversion of the Goods Way Sewer, commencing by a junction with the sewer (Work <abbr title="Number">No.</abbr> 5N) at a point 105 metres south of the commencement of that work, passing eastwards on the line of the new road (Work <abbr title="Number">No.</abbr> 5D) and terminating by a junction with the Goods Way sewer beneath a point in Goods Way 180 metres west of its junction with York Way;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn67" class="schProv1"><num>Work No. 5R—</num><content>A sewer, forming a diversion of part of the <abbr title="Saint">St.</abbr> Pancras Sewer, commencing by a junction with that sewer beneath a point 38 metres north-west of the junction of Pancras Road with Euston Road, passing northwards, then westwards, north-westwards, then north-eastwards and terminating by a junction with the Fleet Sewer beneath a point 10 metres south-west of the south-eastern gable of the Great Northern Hotel;In the London Boroughs of Islington, Hackney, Newham and Waltham Forest—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e4598"><heading> Highbury Corner to Stratford</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn68" class="schProv1"><num>Work No. 6—</num><content>A railway (7,229 metres in length) commencing by a junction with the railways (Works <abbr title="Numbers">Nos.</abbr> 1AA and 1BB) at their termination, passing eastwards in tunnel beneath the North London Line, or land adjoining on the northern or southern side thereof, beneath Highbury Corner, Highbury Grove, Wallace Road, Mildmay Park, King Henry’s Walk, Kingsland High Street, Dalston Lane, the Liverpool Street and Cambridge Railway, Mare Street, Barnabas Road, Kenworthy Road, the East Cross Route on the northern side of the North London Line, Eastway, the River Lea Navigation, Waterden Road and the River Lea, including ventilation shafts on lands off Corsica Street and Graham Road, then in retained cutting from chainage 6,147 metres for a distance of 1,067 metres, partly in tunnel beneath the railways (Works <abbr title="Numbers">Nos.</abbr> 6B and 6C) and the access roads (Works <abbr title="Numbers">Nos.</abbr> 6H and 6J), in land west of the High Meads Loop Railway, in the International Freight Terminal and the site of the former Chobham Farm Container Depot at Stratford, and terminating beneath a point on the western side of Angel Lane 60 metres north of the northern abutment of the bridge carrying that road over the Great Eastern Railway, including facilities for a railway crossover and junction at the International Freight Terminal and Depot at Stratford;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn69" class="schProv1"><num>Work No. 6A—</num><content>A railway (1,368 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 6) at the commencement of the retained cutting forming part of that work, passing eastwards between the eastbound and westbound lines of that railway to a point 210 metres west of the eastern face of the tunnel beneath the railway (Work <abbr title="Number">No.</abbr> 6C), then passing north-eastwards over the eastbound line of Work <abbr title="Number">No.</abbr> 6 and northwards in tunnel beneath the Old Yard Sidings (Work <abbr title="Number">No.</abbr> 6C) and the Lea Valley Line, then continuing north-westwards on the eastern side of that railway and terminating at a point under the bridge carrying Temple Mill Lane over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn70" class="schProv1"><num>Work No. 6B—</num><content>A railway (426 metres in length), for construction purposes, commencing by a junction with the North London Line at a point 10 metres north-west of the junction of that railway with the Channelsea Curve at Stratford Station, passing northwards, on the eastern side of the High Meads Curve, then north-eastwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 6 and 6A) in tunnel and terminating by a junction with the High Meads Sidings at a point 30 metres north-east of the termination of the said tunnel over Works <abbr title="Numbers">Nos.</abbr> 6 and 6A;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn71" class="schProv1"><num>Work No. 6C—</num><content>A railway (836 metres in length) for construction purposes, commencing by a junction with the Lea Valley Line at a point 120 metres north-east of the junction of that railway with the Great Eastern Railway at Stratford Station, passing northwards and north-eastwards through the Old Yard Sidings and terminating by a junction with the Lea Valley Line at a point 130 metres south of the bridge carrying Temple Mill Lane over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn72" class="schProv1"><num>Work No. 6D—</num><content>A railway (1,032 metres in length) commencing in the existing Traction Maintenance Depot at a point 25 metres south-west of the south-western corner of the diesel repair shed in that depot, passing north-eastwards and northwards, then north-westwards on the western side of the Lea Valley Line to a junction with that railway 60 metres south of the bridge carrying Temple Mill Lane over that railway, passing under that bridge, then continuing on the eastern side of the Lea Valley Line and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 6E) at a point 390 metres north of that bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn73" class="schProv1"><num>Work No. 6E—</num><content>A railway (2,720 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 6A) at its termination, passing north-westwards and westwards through the former Temple Mills Marshalling Yard under Ruckholt Road and terminating at a point on the northern side of the Lea Valley Line 15 metres south-east of the eastern side of the bridge carrying Lea Bridge Road over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn74" class="schProv1"><num>Work No. 6E(1)—</num><content>A railway (410 metres in length), for construction purposes, commencing by a junction with the Lea Valley Line at a point 345 metres south-east of the bridge carrying Lea Bridge Road over that railway, passing eastwards and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 6E) at chainage 1,922 metres;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn75" class="schProv1"><num>Work No. 6F—</num><content>A railway (509 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 6E) at a point 30 metres south-east of the bridge carrying Ruckholt Road over the Lea Valley Line, passing westwards under that bridge then south-westwards and terminating by a junction with that railway at a point 459 metres north-west of that bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn76" class="schProv1"><num>Work No. 6G—</num><content>A cut, forming a diversion of the Channelsea River at its confluence with the River Lea, commencing in the Channelsea River at a point 26 metres south of the former sluice on that river at Bully Fen, passing south-westwards and terminating at the confluence of those rivers;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn77" class="schProv1"><num>Work No. 6H—</num><content>An access road commencing by a junction with the access road to the International Freight Terminal on the eastern side of the Container Terminal, passing south-westwards, over Works <abbr title="Numbers">Nos.</abbr> 6 and 6A in tunnel, and southwards through the International Freight Terminal, then south-eastwards, eastwards and north-eastwards on the northern side of the North London Line, then continuing northwards, then eastwards and terminating by a junction with the access road to the Channelsea site, north of Stratford Station;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn78" class="schProv1"><num>Work No. 6J—</num><content>An access road commencing at a point in the existing Traction Maintenance Depot on the western side of the diesel repair shed in that depot, passing south-westwards, then westwards on the northern side of the retained cutting forming part of Work <abbr title="Number">No.</abbr> 6, then south-westwards over that railway and Work <abbr title="Number">No.</abbr> 6A in tunnel, then southwards and south-westwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 6H in the International Freight Terminal;In the London Boroughs of Newham, Redbridge, Barking and Dagenham and Havering—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e4722"><heading> Stratford to Barrington Road</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn79" class="schProv1"><num>Work No. 7—</num><content>A railway (4,560 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 6) at its termination, passing eastwards in tunnel beneath Angel Lane, The Grove, Atherton Road, Woodgrange Road, Romford Road, Woodgrange Park Cemetery and Browning Road, including a ventilation shaft on land off Woodgrange Road and terminating beneath a point 60 metres east of the junction of Reesland Close with Barrington Road;</content></paragraph></hcontainer><hcontainer name="subheading" class="schGroup7" eId="d25e4734"><heading> Barrington Road to Dagenham Dock</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn80" class="schProv1"><num>Work No. 22—</num><content>A railway (6,700 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 7) at its termination, passing eastwards in tunnel beneath the North Circular Road and the River Roding, then south-eastwards beneath Barking Station, Station Parade, Ripple Road and Alfred’s Way, then eastwards beneath Renwick Road and the Ripple Lane Freightliner Terminal to a portal at a point 462 metres south-east of the junction of Morrison Road with Julia Gardens, then continuing eastwards under the railway (Work <abbr title="Number">No.</abbr> 22A) and the new road (Work <abbr title="Number">No.</abbr> 22H(1)), across Chequers Lane (to be stopped up) and under Kent Avenue and terminating at a point 85 metres east of the bridge carrying Kent Avenue over the Tilbury Loop Railway, including ventilation shafts on lands off Barrington Road and Alfred’s Way and a footbridge over the railway at Chequers Lane;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn81" class="schProv1"><num>Work No. 22A—</num><content>A railway (2,201 metres in length), forming a diversion of the Tilbury Loop Railway westbound line, commencing by a junction with that railway at a point 253 metres east of the junction of Stebbing Way with Wivenhoe Road, passing eastwards under Renwick Road, then south-eastwards and eastwards over the railway in tunnel (Work <abbr title="Number">No.</abbr> 22), under the new road (Work <abbr title="Number">No.</abbr> 22H(1)) and terminating by a junction with the Tilbury Loop Railway westbound line at a point 2 metres west of the western end of Dagenham Dock Station platforms;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn82" class="schProv1"><num>Work No. 22B—</num><content>A railway (2,252 metres in length), forming holding sidings, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 22A) at a point 15 metres west of the bridge carrying Renwick Road over the Tilbury Loop Railway, passing south-eastwards and eastwards, under the new road (Work <abbr title="Number">No.</abbr> 22H(1)) and across Chequers Lane and terminating at a point 120 metres south-east of the eastern end of Dagenham Dock Station platforms, including a footbridge over the railway at Chequers Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn83" class="schProv1"><num>Work No. 22C—</num><content>A railway (1,523 metres in length), for construction purposes, commencing by a junction with the Tilbury Loop Railway at a point 166 metres south-east of the bridge carrying Renwick Road over that railway, passing south-eastwards and eastwards, and terminating at a point 38 metres south-west of the point where the new road (Work <abbr title="Number">No.</abbr> 22H(1)) passes over the railway (Work <abbr title="Number">No.</abbr> 22B), including railway sidings;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn84" class="schProv1"><num>Work No. 22D—</num><content>A railway (280 metres in length) forming a connection between the Tilbury Loop Railway goods line and the railway (Work <abbr title="Number">No.</abbr> 22A), commencing by a junction with the said goods line at a point 468 metres south-east of the bridge carrying Renwick Road over that goods line, passing south-eastwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 22A at a point 742 metres south-east of the said bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn85" class="schProv1"><num>Work No. 22E—</num><content>A railway (1,095 metres in length) forming a connecting line between the railway (Work <abbr title="Number">No.</abbr> 22A) and the railway (Work <abbr title="Number">No.</abbr> 8E), commencing by a junction with Work <abbr title="Number">No.</abbr> 22A at a point 342 metres south of the junction of Morrison Road with Julia Gardens, passing eastwards under the new road (Work <abbr title="Number">No.</abbr> 22H(1)) and across Chequers Lane and terminating by a junction with Work <abbr title="Number">No.</abbr> 8E at a point 180 metres south-east of the eastern end of Dagenham Dock Station platforms, including a footbridge over the railway at Chequers Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn86" class="schProv1"><num>Work No. 22F—</num><content>A railway (648 metres in length) forming a connecting line between the railway (Work <abbr title="Number">No.</abbr> 22A) and the railway (Work <abbr title="Number">No.</abbr> 22), commencing by a junction with Work <abbr title="Number">No.</abbr> 22A at a point 378 metres south-east of the junction of Morrison Road with Julia Gardens, passing eastwards under the new road (Work <abbr title="Number">No.</abbr> 22H(1)) and terminating by a junction with Work <abbr title="Number">No.</abbr> 22 at a point 150 metres west of the eastern end of Dagenham Dock Station platforms;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn87" class="schProv1"><num>Work No. 22G—</num><content>A railway (715 metres in length), for construction purposes, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 22B) at a point 27 metres west of the point where the new road (Work <abbr title="Number">No.</abbr> 22H(1)) passes over Work <abbr title="Number">No.</abbr> 22B, passing eastwards then southwards, and terminating at a point 270 metres south-east of the eastern end of Dagenham Dock Station platforms, including railway sidings;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn88" class="schProv1"><num>Work No. 22J—</num><content>A jetty commencing on the northern bank of the River Thames at a point 190 metres north-west of The Gores outfall sluice, extending in a south-westerly direction into the said river for a distance of 230 metres and there terminating, including a jetty head with mooring dolphins and berthing facilities;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e4864"><heading> Dagenham Dock to Wennington</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn89" class="schProv1"><num>Work No. 8—</num><content>A railway (5,200 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 22) at its termination, passing eastwards under Thames Avenue (Work <abbr title="Number">No.</abbr> 8R), over the Beam River, and under the intended A13 link road (under construction), then continuing south-eastwards on viaduct over the new road (Work <abbr title="Number">No.</abbr> 8S) and Rainham Creek, and terminating beneath the intended A13 (under construction) at a point 20 metres south-west of the Tilbury Loop Railway;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn90" class="schProv1"><num>Work No. 8E—</num><content>A railway (906 metres in length), forming a connection between the railway (Work <abbr title="Number">No.</abbr> 22E) and the westbound line of the railway (Work <abbr title="Number">No.</abbr> 8), commencing by a junction with Work <abbr title="Number">No.</abbr> 22E at its termination, passing south-eastwards under Kent Avenue (Work <abbr title="Number">No.</abbr> 8Q) and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 8) at a point 30 metres west of the intended Thames Avenue bridge (Work <abbr title="Number">No.</abbr> 8R);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn91" class="schProv1"><num>Work No. 8G—</num><content>A railway (1,330 metres in length), forming a connection between the Tilbury Loop Railway and the eastbound line of the railway (Work <abbr title="Number">No.</abbr> 8), commencing by a junction with the Tilbury Loop Railway 10 metres east of the eastern end of Dagenham Dock Station, passing eastwards on the southern side of that line under Kent Avenue (Work <abbr title="Number">No.</abbr> 8Q) and Thames Avenue (Work <abbr title="Number">No.</abbr> 8R), over the Beam River and terminating by a junction with Work <abbr title="Number">No.</abbr> 8 at a point 215 metres east of the intended Thames Avenue bridge (Work <abbr title="Number">No.</abbr> 8R), including a bridge over the Beam River;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn92" class="schProv1"><num>Work No. 8H—</num><content>A railway (279 metres in length), connecting the goods line (Work <abbr title="Number">No.</abbr> 22B) with a private siding west of Kent Avenue, commencing by a junction with Work <abbr title="Number">No.</abbr> 22B at its termination, passing south-eastwards and southwards, under the intended A13 and terminating by a junction with the said siding at a point 55 metres south of the footpath crossing that siding east of Breach Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn93" class="schProv1"><num>Work No. 8J—</num><content>A railway (1,452 metres in length), connecting the goods line (Work <abbr title="Number">No.</abbr> 22B) with private sidings east of Kent Avenue, commencing by a junction with Work <abbr title="Number">No.</abbr> 22B at its termination, passing eastwards under Kent Avenue (Work <abbr title="Number">No.</abbr> 8Q) and Thames Avenue (Work <abbr title="Number">No.</abbr> 8R), over the Beam River and terminating at a point 33 metres west of the bridge carrying the intended A13 link road (under construction) over the Tilbury Loop Railway and the railway (Work <abbr title="Number">No.</abbr> 8), including a bridge over the Beam River and railway sidings;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn94" class="schProv1"><num>Work No. 8K—</num><content>A railway (496 metres in length) commencing by a junction with a private siding on the eastern side of Kent Avenue at a point 10 metres south of the southern end of the viaduct carrying that road and railway across Dagenham Breach, passing northwards on that existing viaduct, under the intended A13, then eastwards and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 8J) at a point 300 metres east of the intended Kent Avenue bridge (Work <abbr title="Number">No.</abbr> 8Q);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn95" class="schProv1"><num>Work No. 8L—</num><content>A railway (301 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 8J) at a point 245 metres west of the intended Thames Avenue bridge (Work <abbr title="Number">No.</abbr> 8R), passing eastwards then southwards and terminating by a junction with a private siding at a point 30 metres north of Lake Road on the western side of Thames Avenue;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn96" class="schProv1"><num>Work No. 22H(1)—</num><content>A road commencing by a junction with Ripple Road at a point on its southern side 23 metres east of the junction of Pooles Lane with that road, passing southwards on the eastern side of Pooles Lane, then south-eastwards and southwards on the line of Choats Manor Way, over a private siding, the diverted Tilbury Loop Railway (Work <abbr title="Number">No.</abbr> 22A) and the railways (Works <abbr title="Numbers">Nos.</abbr> 22, 22B, 22E, 22F and 22G), and terminating at a point 100 metres south-west of the junction of Choats Road with Hindmans Way, including a bridge over the said railways;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn97" class="schProv1"><num>Work No. 22H(2)—</num><content>A road commencing at a point 25 metres west of Pooles Lane at the southern end of that road, passing eastwards and north-eastwards and terminating by a junction with the new road ( Work <abbr title="Number">No.</abbr> 22H(1)) at a point 240 metres from its commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn98" class="schProv1"><num>Work No. 8P(3)—</num><content>A road commencing by a junction with Choats Road at a point 240 metres west of its junction with Hindmans Way, passing eastwards along the line of Choats Road and Hindmans Way to a point 80 metres west of the junction of Hindmans Way with Chequers Lane, then turning southwards and terminating by a junction with Chequers Lane at a point 120 metres south of that last-mentioned road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn99" class="schProv1"><num>Work No. 8P(4)—</num><content>A road commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 8P(3)) at a point 100 metres from its termination, passing north-eastwards and terminating by a junction with Chequers Lane at a point 60 metres north of its junction with Hindmans Way;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn100" class="schProv1"><num>Work No. 8Q—</num><content>Realignment of Kent Avenue, including a bridge over a private siding, the Tilbury Loop Railway and the railways (Works <abbr title="Numbers">Nos.</abbr> 8, 8E, 8G and 8J), commencing in that road at a point 205 metres south of its junction with New Road, Hornchurch, passing southwards over the said railways and terminating in Kent Avenue at a point 10 metres north of the northern end of the viaduct carrying that road over Dagenham Breach;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn101" class="schProv1"><num>Work No. 8R—</num><content>Realignment of Thames Avenue, including a bridge over the Tilbury Loop Railway, the railways (Works <abbr title="Numbers">Nos.</abbr> 8, 8G and 8J) and private sidings, commencing in that road at a point 25 metres south of its junction with New Road, Hornchurch, passing southwards over those railways and terminating in Thames Avenue at the junction of Lake Road with that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn102" class="schProv1"><num>Work No. 8S—</num><content>A road commencing by a junction with Bridge Road at the roundabout on that road 200 metres south of its junction with New Road, Hornchurch, passing westwards over Rainham Creek, then south-westwards under the Tilbury Loop Railway and the railway (Work <abbr title="Number">No.</abbr> 8), then passing southwards over Rainham Creek at a point 140 metres downstream from the bridge carrying the Tilbury Loop Railway over that river, then south-eastwards and terminating by a junction with Ferry Lane at the southernmost junction of Lamson Road with that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn103" class="schProv1"><num>Work No. 8T—</num><content>A road, forming an access to the Riverside Sewage Treatment works at Rainham off the new road (Work <abbr title="Number">No.</abbr> 8S), commencing in the said Treatment Works at Creekside Cottages, passing south-eastwards and eastwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 8S at a point 70 metres south-west of the intended viaduct carrying the railway (Work <abbr title="Number">No.</abbr> 8) over that new road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn104" class="schProv1"><num>Work No. 8U(4)—</num><content>A cut, forming a diversion of the Ship and Shovel Relief Channel, commencing by a junction with that watercourse at a point 148 metres from its confluence with The Gores, passing eastwards, then south-eastwards and terminating in The Gores at that confluence;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn105" class="schProv1"><num>Work No. 8U(13)—</num><content>A cut, forming a diversion of The Gores, commencing at the confluence of the Ship and Shovel Relief Channel (Work <abbr title="Number">No.</abbr> 8U(4)) with that stream, passing eastwards then northwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 22, 22A, 22B, 22E, 22F and 22G), and terminating by a junction with The Gores at a point 70 metres east of the northern end of its existing culvert under the Tilbury Loop Railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn106" class="schProv1"><num>Work No. 8U(6)—</num><content>A cut, forming a diversion of Pooles Sewer, commencing by a junction with that watercourse 85 metres south of the southern side of the existing Manor Way level crossing on the Tilbury Loop Railway, passing eastwards and south-eastwards, then northwards under the railway (Work <abbr title="Number">No.</abbr> 8) and terminating by a junction with that watercourse at the southern end of its culvert under the Tilbury Loop Railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn107" class="schProv1"><num>Work No. 8U(7)—</num><content>A cut, forming a diversion of the Ferry Lane Sewer, commencing by a junction with that watercourse at the northern end of its culvert under the Tilbury Loop Railway west of Rainham Station, passing southwards under that railway and the railway (Work <abbr title="Number">No.</abbr> 8), then eastwards and southwards and terminating in that watercourse on the western side of Ferry Lane at a point 48 metres south of the existing Ferry Lane level crossing on the Tilbury Loop Railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn108" class="schProv1"><num>Work No. 8U(8)—</num><content>A cut, forming a diversion of the Rainham Cross Sewer, commencing at a point on the southern side of the Tilbury Loop Railway 375 metres east of the eastern end of Rainham Station, passing eastwards for a distance of 95 metres and there terminating by a junction with that watercourse;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn109" class="schProv1"><num>Work No. 8U(9)—</num><content>A cut, forming an improvement of the Rainham Main Sewer, commencing in that watercourse at a point 15 metres north of the northern end of its existing culvert under the Tilbury Loop Railway, passing under that railway and the railway (Work <abbr title="Number">No.</abbr> 8) and terminating in that watercourse at a point 52 metres south of the southern end of that existing culvert;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn110" class="schProv1"><num>Work No. 8U(10)—</num><content>A cut, forming a diversion of the Wennington Main Sewer, commencing by a junction with the cut (Work <abbr title="Number">No.</abbr> 8U(9)) at a point 10 metres north of its termination, passing south-eastwards on the southern side of the existing watercourse and terminating by a junction with that watercourse at a point 100 metres south of the southern end of a branch of that watercourse south of Manstead Gardens;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn111" class="schProv1"><num>Work No. 8U(11)—</num><content>A cut, forming an improvement of the Common Watercourse (Southall Sewers), commencing in that watercourse at a point 10 metres north-east of the northern end of its existing culvert under the Tilbury Loop Railway, passing south-westwards under that railway and the railway (Work <abbr title="Number">No.</abbr> 8) and terminating in that watercourse at a point 47 metres south-west of the southern end of that existing culvert;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn112" class="schProv1"><num>Work No. 8U(12)—</num><content>A cut, forming a diversion of Wennington Branch Sewer, commencing in that watercourse at a point 10 metres north-east of the northern end of its existing culvert under the Tilbury Loop Railway, passing under that railway and the railway (Work <abbr title="Number">No.</abbr> 8) and terminating in that watercourse at a point 40 metres south-west of the southern end of that existing culvert;In the London Borough of Havering and in the borough of Thurrock, in the county of Essex—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e5146"><heading> Wennington to Purfleet</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn113" class="schProv1"><num>Work No. 23—</num><content>A railway (3,835 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 8) at its termination, passing south-eastwards on the southern side of the realigned Tilbury Loop Railway (Work <abbr title="Number">No.</abbr> 23A) then on viaduct over that railway, then over the diverted Aveley Sewer (Work <abbr title="Number">No.</abbr> 23D) and under the new road (Work <abbr title="Number">No.</abbr> 23B(1)), then continuing over Mar Dyke and under the new road (Work <abbr title="Number">No.</abbr> 23C(2)), passing on the southern side of the Purfleet Bypass and terminating at a point 250 metres east of the junction of London Road, Purfleet with the Purfleet Bypass, including the said viaduct and a bridge over Mar Dyke;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn114" class="schProv1"><num>Work No. 23A—</num><content>A railway (1,185 metres in length), being a realignment of the Tilbury Loop Railway, commencing by a junction with that railway at a point 230 metres south-east of the Wennington Branch Sewer where that sewer passes in culvert under that railway, passing south-eastwards in tunnel under the railway (Work <abbr title="Number">No.</abbr> 23) and terminating by a junction with the Tilbury Loop Railway at a point 240 metres south-west of the point where Tank Hill Road is crossed on the level by the Tilbury Loop Railway;In the borough of Thurrock, in the county of Essex—</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn115" class="schProv1"><num>Work No. 23B(1)—</num><content>A road, forming a diversion of Tank Hill Road (A1090), commencing by a junction with Arterial Road, Purfleet (A13) at a point 165 metres north of its junction with Tank Hill Road, passing south-westwards then southwards over the diverted Aveley Sewer (Work <abbr title="Number">No.</abbr> 23D), the railway (Work <abbr title="Number">No.</abbr> 23), the Tilbury Loop Railway and Mar Dyke and terminating in that road at a point 15 metres north of the junction of Marlow Avenue with Tank Hill Road, including bridges over Works <abbr title="Numbers">Nos.</abbr> 23 and 23D, the Tilbury Loop Railway and Mar Dyke;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn116" class="schProv1"><num>Work No. 23B(2)—</num><content>A road, forming an access road into the Purfleet Industrial Estate, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 23B(1)) at a point 130 metres west of the junction of Tank Hill Road with Arterial Road, Purfleet (A13), passing westwards then northwards and terminating at a point in the said estate 155 metres north-west of its commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn117" class="schProv1"><num>Work No. 23B(3)—</num><content>A road, forming an access road, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 23B(1)) at a point 110 metres south-west of the point where Tank Hill Road is crossed on the level by the Tilbury Loop Railway, passing eastwards and terminating at a point 105 metres south of that level crossing;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn118" class="schProv1"><num>Work No. 23C—</num><content>Diversion of Arterial Road, Purfleet, and Purfleet Bypass and diversion of Tank Lane and Botany Way, comprising—</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn119" class="schProv1"><num>Work No. 23C(1)—</num><content>Diversion of the A13 (Arterial Road, Purfleet) commencing in that road at a point 360 metres west of its existing junction with Purfleet Bypass, passing eastwards by way of the northern junction roundabout forming part of Work <abbr title="Number">No.</abbr> 23C(2), and terminating in the A13 at a point 235 metres east of the said existing road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn120" class="schProv1"><num>Work No. 23C(2)—</num><content>A road, including junction roundabouts at its commencement and termination, commencing by a junction with the diverted Arterial Road, Purfleet (Work <abbr title="Number">No.</abbr> 23C(1)) at a point 48 metres north-east of the existing junction of Arterial Road with Purfleet Bypass, passing south-westwards over the railway (Work <abbr title="Number">No.</abbr> 23) and terminating by a junction with the diverted Tank Lane (Works <abbr title="Numbers">Nos.</abbr> 23C(4) and 23C(5)) at a point 150 metres west of the existing junction of Tank Lane with Botany Way, including a bridge over Work <abbr title="Number">No.</abbr> 23;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn121" class="schProv1"><num>Work No. 23C(3)—</num><content>Diversion of Purfleet Bypass at its junction with the A13 commencing by a junction with that road at the northern junction roundabout forming part of Work <abbr title="Number">No.</abbr> 23C(2), passing southwards and south-eastwards and terminating in Purfleet Bypass at a point 160 metres north-west of its junction with North Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn122" class="schProv1"><num>Work No. 23C(4)—</num><content>Diversion of Tank Lane commencing at a point 165 metres north of the bridge carrying Tank Lane over the Tilbury Loop Railway, passing southwards then eastwards along the northern side of Tank Lane, then south-eastwards along the line of that road and terminating at the southern junction roundabout forming part of Work <abbr title="Number">No.</abbr> 23C(2), at a point 150 metres west of the existing junction of Tank Lane with Botany Way;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn123" class="schProv1"><num>Work No. 23C(5)—</num><content>Diversion of Tank Lane and Botany Way, commencing at the southern junction roundabout forming part of Work <abbr title="Number">No.</abbr> 23C(2) at a point 150 metres north-west of its existing junction with Botany Way, passing eastwards then southwards on the line of Botany Way and terminating by a junction with that road at a point 115 metres south-west of its existing junction with Purfleet Bypass;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn124" class="schProv1"><num>Work No. 23D—</num><content>A cut, forming a diversion of the Aveley Sewer, commencing in that watercourse at a point 25 metres south-west of the southern end of its existing culvert under the Tilbury Loop Railway, passing in a north-easterly direction under the railways (Works <abbr title="Numbers">Nos.</abbr> 23 and 23A) and the new road (Work <abbr title="Number">No.</abbr> 23B(1)), then passing northwards and terminating at a point in a new balancing pond 95 metres north-west of the junction of Tank Hill Road with Arterial Road, Purfleet;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e5288"><heading> Purfleet to West Thurrock</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn125" class="schProv1"><num>Work No. 9—</num><content>A railway (1,537 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 23) at its termination, passing south-eastwards on viaduct over the A1090 (London Road, Purfleet), the Tilbury Loop Railway and the northbound Dartford Tunnel Approach Road (Canterbury Way), under a span of the southbound approach to the Queen Elizabeth <abbr class="acronym" title="2">II</abbr> Bridge, and over Oliver Close (North) (Work <abbr title="Number">No.</abbr> 9B) in the West Thurrock Industrial Estate to a point 90 metres west of the existing southernmost junction of Oliver Close with Oliver Road, then under Oliver Road (Work <abbr title="Number">No.</abbr> 9C) and terminating at a point 160 metres south-east of that existing road junction, including the said viaducts and a bridge over Work <abbr title="Number">No.</abbr> 9A(1);</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn126" class="schProv1"><num>Work No. 9B—</num><content>Diversion of Oliver Close (North) commencing in that road at a point 25 metres south of the westernmost corner of that road, passing northwards for a distance of 60 metres from that commencement under the railway (Work <abbr title="Number">No.</abbr> 9), then turning eastwards and terminating by a junction with Oliver Close (North) at a point 160 metres west of its junction with Oliver Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn127" class="schProv1"><num>Work No. 9C—</num><content>Diversion of Oliver Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 9), commencing in that road at the existing junction of that road with Oliver Close (North), passing southwards over Work <abbr title="Number">No.</abbr> 9 on the eastern side of the existing road, and terminating by a junction with Oliver Road at a point 130 metres south of its existing junction with Burnley Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn128" class="schProv1"><num>Work No. 9D—</num><content>Realignment of Burnley Road and Watson Close commencing by a junction with Oliver Road (Work <abbr title="Number">No.</abbr> 9C) at the existing road junction, passing eastwards along the line of, and then to the south of, Burnley Road, then turning northwards and terminating in Watson Close at a point 60 metres north of its existing junction with Burnley Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn129" class="schProv1"><num>Work No. 9F(1)—</num><content>A railway (835 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 9F(2)) at a point 275 metres from its commencement, passing westwards, south-westwards, southwards and south-eastwards and terminating at a point on the western side of Watson Close (Work <abbr title="Number">No.</abbr> 9D) at a point 45 metres north of the existing junction of that road with Burnley Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn130" class="schProv1"><num>Work No. 9F(2)—</num><content>A deviation railway (849 metres in length), commencing by a junction with the Tilbury Loop Railway at a point 325 metres east of the bridge carrying the southbound approach to the Queen Elizabeth <abbr class="acronym" title="2">II</abbr> Bridge over that railway, passing eastwards on the southern side of that railway and terminating at the eastern end of the existing sidings;In the borough of Thurrock, in the county of Essex, and in the borough of Dartford, parishes of Swanscombe and Greenhithe, Southfleet and Longfield and New Barn, in the borough of Gravesham, town of Gravesend, and in the district of Sevenoaks, parish of Horton Kirby and South Darenth, in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e5367"><heading> West Thurrock and Ebbsfleet to Singlewell</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn131" class="schProv1"><num>Work No. 10—</num><content>A railway (9,161 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 9) at its termination, passing south-eastwards to a point 249 metres from that commencement, then passing in tunnel beneath Burnley Road and Watson Close (Work <abbr title="Number">No.</abbr> 9D), then beneath the River Thames and Bell Wharf, Swanscombe, with shafts at Burnley Road, West Thurrock Power Station, Bell Wharf and Swanscombe Marsh, continuing in tunnel south-eastwards to a point 120 metres north-west of the existing junction of Green Manor Way with Lower Road, then passing south-eastwards and southwards, under Galley Hill Road (Work <abbr title="Number">No.</abbr> 10K), then in tunnel for a distance of 58 metres beneath the North Kent Railway, continuing under the railway (Work <abbr title="Number">No.</abbr> 10C) and the new road (Work <abbr title="Number">No.</abbr> 10S(1)), then on viaduct over the River Ebbsfleet, then in tunnel for a distance of 310 metres beneath the course of the former Gravesend West Branch Railway and the A2 (Watling Street) at a point 50 metres west of the southern abutment of the bridge carrying the B262 (Hall Road) over that road, then passing in tunnel for distances of 35 metres and 25 metres respectively beneath the B262 and the slip road to that road and Station Road on the southern side of the A2, then continuing south-eastwards on the southern side of the A2, then in tunnel for a distance of 80 metres beneath the railway (Work <abbr title="Number">No.</abbr> 11A) and on viaduct over the A227 (Wrotham Road) and terminating at a point 180 metres east of that road 340 metres south of the southern side of the bridge carrying the A2 over that road, including the said viaducts over the River Ebbsfleet and Wrotham Road;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn132" class="schProv1"><num>Work No. 10A—</num><content>A railway (1,732 metres in length), partly for construction purposes, commencing at the seaward end of the existing Swanscombe Jetty, passing south-eastwards from that jetty and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 10B) at a point 40 metres south-east of the intended bridge (Work <abbr title="Number">No.</abbr> 10K) carrying Galley Hill Road over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn133" class="schProv1"><num>Work No. 10B—</num><content>A railway (2,281 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10) at a point 113 metres north-west of the intended bridge (Work <abbr title="Number">No.</abbr> 10K) carrying Galley Hill Road over that railway, passing south-eastwards on the eastern side of that railway under that road, and in tunnel for a distance of 71 metres beneath the North Kent Railway, then passing eastwards over a private road between the Northfleet Cement Works and Springhead Road, then in tunnel for a distance of 60 metres beneath the North Kent Railway at a point 30 metres south-east of the eastern abutment of the bridge carrying that railway over the mineral railway at the entrance to Church Path Pit, then south-eastwards on the northern side of the North Kent Railway, under Springhead Road (Work <abbr title="Number">No.</abbr> 10N) and terminating by a junction with that railway at a point 110 metres east of the intended bridge forming part of Work <abbr title="Number">No.</abbr> 10N, including a bridge over the said private road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn134" class="schProv1"><num>Work No. 10C—</num><content>A railway (2,324 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10) at a point 140 metres north-west of the intended bridge (Work <abbr title="Number">No.</abbr> 10K) carrying Galley Hill Road over that railway, passing south-eastwards on the western side of that railway under that road and in tunnel for a distance of 54 metres beneath the North Kent Railway, then eastwards, over the railways (Works <abbr title="Numbers">Nos.</abbr> 10, 10D and 10E) and over the said private road between the Northfleet Cement Works and Springhead Road, then south-eastwards on viaduct across the northern bay of the Blue Lake south of the North Kent Railway and under Springhead Road (Work <abbr title="Number">No.</abbr> 10N) and terminating by a junction with that railway at a point 95 metres east of the intended bridge forming part of Work <abbr title="Number">No.</abbr> 10N, including the said viaduct and bridges over Works <abbr title="Numbers">Nos.</abbr> 10, 10D and 10E and the said private road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn135" class="schProv1"><num>Work No. 10D—</num><content>A railway (1,523 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10B) at a point 45 metres north-west of the northern portal of the intended tunnel by which that railway passes beneath the North Kent Railway, passing south-eastwards on the western side of Work <abbr title="Number">No.</abbr> 10B beneath the North Kent Railway in that tunnel, then continuing southwards on the eastern side of the railway (Work <abbr title="Number">No.</abbr> 10), under the railway (Work <abbr title="Number">No.</abbr> 10C) and the new road (Work <abbr title="Number">No.</abbr> 10S(1)) and terminating by a junction with Work <abbr title="Number">No.</abbr> 10 at a point 10 metres south of the commencement of the intended viaduct carrying that railway over the River Ebbsfleet;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn136" class="schProv1"><num>Work No. 10E—</num><content>A railway (1,445 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10C) 7 metres north-west of the southern portal of the intended tunnel by which that railway passes beneath the North Kent Railway, passing south-eastwards on the eastern side of Work <abbr title="Number">No.</abbr> 10C, then under that railway and continuing on the western side of the railway (Work <abbr title="Number">No.</abbr> 10), under the new road (Work <abbr title="Number">No.</abbr> 10S(1)) and terminating by a junction with Work <abbr title="Number">No.</abbr> 10 at a point 5 metres north of the commencement of the said intended viaduct carrying that railway over the River Ebbsfleet;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn137" class="schProv1"><num>Work No. 10F—</num><content>A railway (532 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10B) at a point 140 metres west of the bridge carrying the North Kent Railway over the mineral railway at the entrance to the Church Path Pit, passing eastwards under that bridge and terminating in that pit at a point 378 metres east of that railway bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn138" class="schProv1"><num>Work No. 10F(1)—</num><content>A railway (200 metres in length) commencing by a junction with the North Kent Railway at a point 230 metres north-west of the western end of the westbound platform of Northfleet Station passing eastwards and terminating by a junction with the sidings of the mineral railway on the southern side of the North Kent Railway at the western end of those sidings;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn139" class="schProv1"><num>Work No. 10G—</num><content>Improvement of Manor Way (West) commencing at the junction of that road with the A226 (London Road), passing north-eastwards and eastwards along the line of Manor Way (West) and terminating at a point 20 metres east of the junction of that road with Pilgrims Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn140" class="schProv1"><num>Work No. 10H—</num><content>A road commencing by a junction with Manor Way (West) (Work <abbr title="Number">No.</abbr> 10G) at the termination of that work, passing eastwards, then south-eastwards and terminating at the existing roundabout at the west end of the central access road in the Northfleet Industrial Estate;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn141" class="schProv1"><num>Work No. 10J—</num><content>A road, forming a diversion of Lower Road and Green Manor Way, commencing by a junction with Manor Way (West) (Work <abbr title="Number">No.</abbr> 10G) at its termination, passing northwards on the line of the footpath DS2 to a point 280 metres north of its existing junction with Lower Road, then turning eastwards and south-eastwards on the eastern side of the railway (Work <abbr title="Number">No.</abbr> 10) to a point on the northern side of Lower Road 330 metres east of its existing junction with Green Manor Way, then passing north-eastwards and eastwards on the line of Lower Road and terminating by a junction with Lower Road at a point 60 metres north of its junction with Stonebridge Road and Galley Hill Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn142" class="schProv1"><num>Work No. 10J(1)—</num><content>A road commencing by a junction with Green Manor Way at a point 310 metres north of its existing junction with Lower Road, passing southwards then south-westwards and terminating by a junction with the new road (Work <abbr title="Number">No.</abbr> 10J) at a point 85 metres from that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn143" class="schProv1"><num>Work No. 10J(2)—</num><content>A road commencing by a junction with Manor Way (East) at a point 110 metres north of its existing junction with Lower Road, passing southwards and terminating by a junction with the new road (Work <abbr title="Number">No.</abbr> 10J) at a point 105 metres from that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn144" class="schProv1"><num>Work No. 10K—</num><content>Realignment of Galley Hill Road, including a bridge over the railways (Works <abbr title="Numbers">Nos.</abbr> 10, 10A, 10B and 10C), commencing in that road at a point 270 metres east of its junction with London Road, Swanscombe, and terminating in Galley Hill Road at a point 310 metres west of its junction with Stonebridge Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn145" class="schProv1"><num>Work No. 10N—</num><content>Realignment of Springhead Road, including a bridge over the railways (Works <abbr title="Numbers">Nos.</abbr> 10B and 10C) and the North Kent Railway, commencing in that road at a point 40 metres north of the northern abutment of the existing bridge carrying that road over the North Kent Railway and terminating in that road at a point 110 metres south of the southern abutment of that existing bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn146" class="schProv1"><num>Work No. 10P—</num><content>Diversion of Downs Road commencing in that road at a point 310 metres south-east of its junction with the Hog Lane subway under the A2 (Watling Street), passing south-eastwards and eastwards then southwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 10, 11A and 11B) and terminating in Downs Road at a point 330 metres south of the existing junction with that road of the road to Northfleet Green, including bridges over Works <abbr title="Numbers">Nos.</abbr> 10, 11A and 11B;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn147" class="schProv1"><num>Work No. 10Q—</num><content>Diversion of the road from Downs Road to Northfleet Green commencing in that road at a point 20 metres east of the access from that road to Hazells, passing south-eastwards and terminating by a junction with Downs Road (Work <abbr title="Number">No.</abbr> 10P) at a point 210 metres north of the termination of that work;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn148" class="schProv1"><num>Work No. 10R—</num><content>A road, for construction purposes, including a bridge over the A2, commencing in the course of the former Gravesend West Branch Railway at a point 35 metres north-east of the northern side of that road, passing south-westwards over that road and terminating in the disused railway at a point 50 metres south-west of the southern side of that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn149" class="schProv1"><num>Work No. 10R(1)—</num><content>A cut, forming a diversion of the Swanscombe Main Drain south of the sewage disposal works on Swanscombe Marshes, commencing in that drain at a point 60 metres north of the junction of Pilgrims Road with Manor Way (West), passing northwards, then in culvert north-westwards under the new road (Work <abbr title="Number">No.</abbr> 10J), then northwards and terminating in that drain at the south-western corner of the said sewage works;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn150" class="schProv1"><num>Work No. 10R(2)—</num><content>A drainage pumping main commencing at a point 300 metres south-west of the western end of the platform of Northfleet Station, passing north-eastwards, under the railway (Work <abbr title="Number">No.</abbr> 10F(1)) and the North Kent Railway, then continuing north-eastwards and eastwards in Stonebridge Road and Grove Road between its junctions with Stonebridge Road and College Road, then eastwards in the Creek to a point 40 metres east of the junction of that road with College Road, then passing north-eastwards and terminating at a point at low water on the south bank of the River Thames 15 metres east of Robins Creek;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn151" class="schProv1"><num>Work No. 10S(1)—</num><content>A road commencing by a junction with the access road between the Northfleet Cement Works and Springhead Road at a point 75 metres south of the southern end of the bridge carrying that road over the River Ebbsfleet, passing southwards over that river, over the railways (Works <abbr title="Numbers">Nos.</abbr> 10, 10D and 10E), then south-westwards and terminating by a junction with the new road (Work <abbr title="Number">No.</abbr> 10S(2)) at a point 140 metres north of the junction with the existing Southfleet Road of the access road to the Northfleet West Grid Substation, including roundabouts at that commencement and termination and bridges over the river and Works <abbr title="Numbers">Nos.</abbr> 10, 10D and 10E;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn152" class="schProv1"><num>Work No. 10S(2)—</num><content>A road commencing at a point adjoining Southfleet Road 310 metres north of the existing junction with that road of the said road access to the Northfleet West Grid Substation, passing southwards to a point 120 metres south of that existing road junction then passing south-eastwards and terminating at a point 60 metres east of Southfleet Road, 220 metres north of the existing junction with the A2 of the road access from that road to the Northfleet West Grid Substation, including a roundabout at that termination;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn153" class="schProv1"><num>Work No. 10T(1)—</num><content>A road commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 10S(2)) at its termination, passing eastwards, then south-eastwards to a junction with Work <abbr title="Number">No.</abbr> 10T(4) at its termination, then eastwards over the railway (Work <abbr title="Number">No.</abbr> 10) in tunnel and terminating in the existing eastbound exit slip road of the A2 at Pepper Hill at a point 80 metres north-west of the junction of that slip road with Hall Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn154" class="schProv1"><num>Work No. 10T(3)—</num><content>A road commencing by a junction with the road (Work <abbr title="Number">No.</abbr> 10T(1)) at a point 85 metres north-west of the access to the Springhead Nursery from the existing access road on the northern side of the A2, passing south-eastwards on the southern side of Work <abbr title="Number">No.</abbr> 10T(1), over the railway (Work <abbr title="Number">No.</abbr> 10) in tunnel, and terminating in the eastbound carriageway of the A2 at a point 250 metres south-east of the bridge carrying Hall Road over the A2;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn155" class="schProv1"><num>Work No. 10T(4)—</num><content>A road, forming an exit slip road from the eastbound carriageway of the A2, commencing in that carriageway at a point 325 metres east of the footbridge over the A2 between Blue House and Swanscombe Park, passing eastwards over the new roads (Works <abbr title="Numbers">Nos.</abbr> 10T(6) and 10T(8)) and terminating by a junction with the road (Work <abbr title="Number">No.</abbr> 10T(1)) at a point 260 metres from its commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn156" class="schProv1"><num>Work No. 10T(6)—</num><content>A road, forming an entry slip road to the westbound carriageway of the A2, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 10S(2)) at its termination, passing southwards under the A2 then south-westwards, westwards and north-westwards to a point 300 metres west of the bridge carrying the A2 over the B259 (Park Corner Road) continuing westwards and terminating in the westbound carriageway of the A2 at a point 130 metres east of the said footbridge over the A2;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn157" class="schProv1"><num>Work No. 10T(7)—</num><content>A road commencing by a junction with the slip road (Work <abbr title="Number">No.</abbr> 10T(6)) at a point 325 metres north of the junction of Park Corner Road with the road leading to North End Farm, passing southwards and terminating by a junction with Park Corner Road at a point 150 metres from that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn158" class="schProv1"><num>Work No. 10T(8)—</num><content>A station access road, forming an exit slip road from the westbound carriageway of the A2, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 10S(2)) at its termination, passing southwards under the A2 on the western side of the slip road (Work <abbr title="Number">No.</abbr> 10T(6)) to a point on the western side of the B259 (Park Corner Road) 160 metres south of the southern end of the bridge carrying the A2 over that road, then turning south-westwards, north-westwards, northwards and north-eastwards, passing over the road and the slip road (Work <abbr title="Number">No.</abbr> 10T(6)) on the southern side of the A2, continuing eastwards and terminating in the westbound carriageway of the A2 at a point 190 metres north-west of the bridge carrying Hall Road over the A2;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e5717"><heading> Longfield to Singlewell</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn159" class="schProv1"><num>Work No. 11—</num><content>A railway (4,402 metres in length) commencing by a junction with the London and Chatham Railway at a point 130 metres east of the eastern abutment of the bridge carrying that railway over Pinden Road, passing eastwards, then north-eastwards on the course of the former Gravesend West Branch Railway, over the B260 (Main Road, Longfield), under Whitehill Road (Work <abbr title="Number">No.</abbr> 11C), the B255 (Hook Green Road) (Work <abbr title="Number">No.</abbr> 11D) and the B259 (Dale Road) (Work <abbr title="Number">No.</abbr> 11E), then eastwards under New Barn Road (Work <abbr title="Number">No.</abbr> 11F), and terminating at a point 60 metres east of the intended bridge forming part of that work, including a bridge over the B260;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn160" class="schProv1"><num>Work No. 11A—</num><content>A railway (1,366 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 11) at its termination, passing eastwards over the railway (Work <abbr title="Number">No.</abbr> 10) in tunnel, then south-eastwards on the northern side of that railway under Downs Road (Work <abbr title="Number">No.</abbr> 10P) and terminating by a junction with that railway at a point 290 metres south-east of the intended bridge forming part of that work;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn161" class="schProv1"><num>Work No. 11B—</num><content>A railway (1,354 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 11) at its termination, passing south-eastwards on the southern side of the railway (Work <abbr title="Number">No.</abbr> 10) under Downs Road (Work <abbr title="Number">No.</abbr> 10P) and terminating by a junction with the railway at a point 275 metres south-east of the intended bridge forming part of that work;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn162" class="schProv1"><num>Work No. 11C—</num><content>Realignment of Whitehill Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 11), commencing in Whitehill Road at a point 375 metres south of the southern abutment of the existing bridge carrying that road over the disused railway and terminating in that road at its junction with Hook Green Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn163" class="schProv1"><num>Work No. 11D—</num><content>Realignment of the B255 (Hook Green Road), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 11), commencing in that road at a point 50 metres south-east of its junction with Whitehill Road and terminating in the B255 at a point 190 metres east of the eastern abutment of the existing bridge over the disused railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn164" class="schProv1"><num>Work No. 11E—</num><content>Realignment of the B259 (Dale Road), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 11), commencing in that road at a point 60 metres south of the southern abutment of the existing bridge over that disused railway and terminating in that road at a point 70 metres south of its junction with the B262 (Station Road);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn165" class="schProv1"><num>Work No. 11F—</num><content>Realignment of New Barn Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 11), commencing in that road at a point 25 metres south of the centre of the roundabout at the junction of that road with the B262 (Station Road) and terminating in New Barn Road at a point 370 metres south-west of that commencement;In the borough of Gravesham, parishes of Cobham and Shorne, and in the city of Rochester-upon-Medway, town of Rochester and parish of Cuxton, in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e5808"><heading> Singlewell to Strood</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn166" class="schProv1"><num>Work No. 12—</num><content>A railway (7,700 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10) at its termination, passing eastwards on the southern side of the A2 (Watling Street), under Henhurst Road (Work <abbr title="Number">No.</abbr> 12D), Scotland Lane (Work <abbr title="Number">No.</abbr> 12E), Watling Street (B395) (Work <abbr title="Number">No.</abbr> 12F) and Halfpence Lane (C492) (Work <abbr title="Number">No.</abbr> 32C), then in tunnel for a distance of 75 metres beneath Work <abbr title="Number">No.</abbr> 32B and an adjoining area, under Brewers Road (Work <abbr title="Number">No.</abbr> 12H), over the access road (Work <abbr title="Number">No.</abbr> 12K) and under the access road (Work <abbr title="Number">No.</abbr> 12L), then passing south-eastwards on the western side of the M2, under a land bridge in Temple Wood, and terminating at a point 435 metres north-west of the southern end of the subway by which the footpath RS203 passes under the M2 as existing, including a bridge over Work <abbr title="Number">No.</abbr> 12K;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn167" class="schProv1"><num>Work No. 12A—</num><content>A railway (2,520 metres in length) on the northern side of the railway (Work <abbr title="Number">No.</abbr> 12) commencing by a junction with that railway at a point 50 metres east of its commencement, passing eastwards under Henhurst Road (Work <abbr title="Number">No.</abbr> 12D) and terminating by a junction with Work <abbr title="Number">No.</abbr> 12 at a point 515 metres east of the intended bridge carrying that road over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn168" class="schProv1"><num>Work No. 12B—</num><content>A railway (2,520 metres in length) on the southern side of the railway (Work <abbr title="Number">No.</abbr> 12) commencing by a junction with that railway at the said point 50 metres east of its commencement, passing eastwards under Henhurst Road (Work <abbr title="Number">No.</abbr> 12D) and terminating by a junction with Work <abbr title="Number">No.</abbr> 12 at the said point 515 metres east of the intended bridge carrying that road over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn169" class="schProv1"><num>Work No. 12C—</num><content>Diversion of Church Road commencing in that road at a point 170 metres north of the entrance from that road to St Margaret’s Church, Ifield Court, passing north-eastwards then south-eastwards and terminating by a junction with Henhurst Road (Work <abbr title="Number">No.</abbr> 12D) at a point 100 metres south of the southern abutment of the intended bridge carrying that road over the railways (Works <abbr title="Numbers">Nos.</abbr> 12, 12A and 12B);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn170" class="schProv1"><num>Work No. 12D—</num><content>Diversion of Henhurst Road, including a bridge over the railways (Works <abbr title="Numbers">Nos.</abbr> 12, 12A and 12B), commencing in that road at a point 40 metres south of its junction with the exit slip road from the westbound carriageway of the A2 and terminating in Henhurst Road at a point 60 metres north of the access from that road to Henhurst Cottage;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn171" class="schProv1"><num>Work No. 12E—</num><content>Diversion of Scotland Lane (Byway NS 195), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 12), commencing in Scotland Lane at a point 210 metres south of its existing junction with Watling Street (B395), passing north-eastwards then eastwards to a junction with the existing access to The Mount, then passing northwards over the railway and terminating by a junction with the new road (Work <abbr title="Number">No.</abbr> 12F) at a point 15 metres from the commencement of that work;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn172" class="schProv1"><num>Work No. 12F—</num><content>A road, forming a diversion of Watling Street (B395), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 12), commencing in that road at a point 130 metres south-east of the southern abutment of the bridge carrying that road over the A2, passing eastwards on the northern side of that road, then southwards over the railway and terminating by a junction with Halfpence Lane (C492) (Work <abbr title="Number">No.</abbr> 32C) at a point 80 metres north of its existing junction with Brewers Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn173" class="schProv1"><num>Work No. 12H—</num><content>Diversion of Brewers Road, including bridges over the railway (Work <abbr title="Number">No.</abbr> 12) and the A2, commencing in Brewers Road at its junction with Halfpence Lane (C492) passing eastwards, then north-eastwards over that railway and terminating in Brewers Road at a point 160 metres north-east of its junction with the slip roads to and from the eastbound carriageway of the A2;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn174" class="schProv1"><num>Work No. 12J—</num><content>An access road commencing by a junction with Brewers Road (Work <abbr title="Number">No.</abbr> 12H) at a point 55 metres south-west of the termination of that work, passing south-eastwards, then eastwards along the northern side of the A2 and terminating within the curtilage of Park Pale;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn175" class="schProv1"><num>Work No. 12K—</num><content>An access road to the Rochester and Cobham Park Golf Course, including a bridge over the A2, commencing by a junction with the access road (Work <abbr title="Number">No.</abbr> 12J) on the northern side of the A2 at a point 250 metres west of Park Pale, passing northwards and eastwards then southwards over that road and the A2 (including Works <abbr title="Numbers">Nos.</abbr> 31A, 31B, 34A and 35A), then westwards and southwards under the railway (Work <abbr title="Number">No.</abbr> 12), and terminating in the golf course south of the railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn176" class="schProv1"><num>Work No. 12L—</num><content>Diversion of an access road to Knights Place, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 12), commencing in the existing access road from the A2 at a point 170 metres south of that road, passing southwards over the railway and terminating in the existing access road at a point 110 metres north of the access from that road to Knights Cottage;In the city of Rochester-upon-Medway, town of Rochester and parish of Cuxton, in the borough of Tonbridge and Malling, parishes of Wouldham, Aylesford and Burham and in the borough of Maidstone, parishes of Boxley and Detling in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e5969"><heading> Strood to Detling</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn177" class="schProv1"><num>Work No. 13—</num><content>A railway (14,100 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 12) at its termination, passing south-eastwards, on the western side of the M2, over new roads (Works <abbr title="Numbers">Nos.</abbr> 36C, 36D and 36E) forming part of Junction 2 of the motorway, under the A228 (Rochester Road) (Work <abbr title="Number">No.</abbr> 36F), over the London and Chatham Railway, then on viaduct over the Strood and Maidstone Railway, the River Medway and Wouldham Road, then continuing south-eastwards on the western side of the M2 to a point at Nashenden Bottom, 120 metres north-west of the northern end of the go-kart racing track at Buckmore Park, south of Rochester Airport, then passing in tunnel (the North Downs Tunnel) for a distance of 3,190 metres beneath Blue Bell Hill and the North Downs, then passing south-eastwards under the Pilgrims Way (Work <abbr title="Number">No.</abbr> 13F), over Boarley Lane (Work <abbr title="Number">No.</abbr> 13G), then in tunnel for a distance of 330 metres beneath Boxley Road (Work <abbr title="Number">No.</abbr> 13H), continuing south-eastwards, under the A249 (Sittingbourne Road) (Work <abbr title="Number">No.</abbr> 13J), and Hockers Lane (Work <abbr title="Number">No.</abbr> 13K) and terminating at a point 270 metres east of the northern abutment of the bridge carrying Hockers Lane over the M20, including bridges over Works <abbr title="Numbers">Nos.</abbr> 36C, 36D and 36E, the London and Chatham Railway, the said viaduct, and a bridge over Work <abbr title="Number">No.</abbr> 13G;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn178" class="schProv1"><num>Work No. 13A—</num><content>Slip roads forming part of Junction 2 of the M2 pending widening of that motorway, being roads to be stopped up on the construction of the slip roads (Works <abbr title="Numbers">Nos.</abbr> 36A to 36D), comprising—</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn179" class="schProv1"><num>Work No. 13A(1)—</num><content>A road, forming an exit slip road from the existing eastbound carriageway of the M2, commencing in that carriageway at a point 75 metres south-east of the southern end of the subway by which the footpath RS 203 passes under the motorway, passing south-eastwards and terminating by a junction with the A228 (Rochester Road) (Work <abbr title="Number">No.</abbr> 13A(4)) at a point 70 metres east of the eastern abutment of the existing bridge carrying that road over the M2;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn180" class="schProv1"><num>Work No. 13A(2)—</num><content>A road, forming an entry slip road to the existing westbound carriageway of the M2, commencing in that carriageway at a point 345 metres south-east of the southern end of the subway by which the footpath NS 183 passes under the M2, passing south-eastwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 36C at a point 100 metres west of the southern end of the said subway for the footpath RS 203;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn181" class="schProv1"><num>Work No. 13A(3)—</num><content>A road forming an exit slip road from the existing westbound carriageway of the M2, commencing in that carriageway at a point 25 metres south-east of the southern abutment of the bridge carrying the M2 over the London and Chatham Railway, passing north-westwards under the railway (Work <abbr title="Number">No.</abbr> 13) and terminating by a junction with the western junction roundabout (part of Work <abbr title="Number">No.</abbr> 36E);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn182" class="schProv1"><num>Work No. 13A(4)—</num><content>A road, forming a diversion of the A228 (Rochester Road), commencing by a junction with the road (Work <abbr title="Number">No.</abbr> 36F) at a point 395 metres north-east of the commencement of that work, passing north-eastwards and eastwards and terminating by a junction with the A228 at a point 140 metres north-east of the junction with that road of the existing slip roads to the eastbound carriageway of the M2;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn183" class="schProv1"><num>Work No. 13B—</num><content>Diversion of Burham Road (D422) commencing by a junction with Wouldham Road at a point 30 metres south-west of the existing junction of those roads, passing south-eastwards and terminating by a junction with Burham Road 325 metres south of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn184" class="schProv1"><num>Work No. 13C—</num><content>Diversion of bridleway MR11 (Stony Lane), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 13), commencing in that bridleway at the northern end of the subway by which it passes under the M2, passing south-westwards under the M2, then north-westwards and south-westwards over the railway, then southwards and south-eastwards and terminating by a junction with Stony Lane at the north-eastern corner of Upper Nashenden Farm;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn185" class="schProv1"><num>Work No. 13D—</num><content>An access, for construction purposes, commencing by a junction with the existing westbound carriageway of the M2 at a point 160 metres north-west of the southern end of the existing subway by which Stony Lane passes under the motorway, passing north-westwards and westwards to the southern side of the railway (Work <abbr title="Number">No.</abbr> 13), passing south-eastwards on that side of the railway between chainages 4,000 and 4,190 metres, then passing eastwards, northwards and north-westwards and terminating by a junction with that carriageway of the motorway at a point 180 metres south-east of the bridge carrying Borstal Farm access over the M2;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn186" class="schProv1"><num>Work No. 13E—</num><content>Diversion of byway MR401, commencing by a junction with the byway at a point 160 metres south of its junction with Lower Warren Road, passing southwards over the railway (Work <abbr title="Number">No.</abbr> 13) in tunnel, then south-westwards and south-eastwards and terminating by a junction with byway MR401 at a point 225 metres south of that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn187" class="schProv1"><num>Work No. 13F—</num><content>Realignment of Pilgrims Way, including a bridge carrying that byway over the railway (Work <abbr title="Number">No.</abbr> 13), commencing in that byway at a point 85 metres east of the northern end of the subway by which the Pilgrims Way passes under the A229 (Chatham Road), passing eastwards then north-eastwards over the railway and terminating in that byway at a point 130 metres east of that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn188" class="schProv1"><num>Work No. 13G—</num><content>Diversion of Boarley Lane (D898) commencing in that road at a point 100 metres south of Boarley Cottage, passing southwards and south-eastwards under the railway (Work <abbr title="Number">No.</abbr> 13) and terminating in Boarley Lane at a point 50 metres north-east of the access to Boarley Oast;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn189" class="schProv1"><num>Work No. 13H—</num><content>Diversion of Boxley Road (C97) commencing in that road at its junction with Sandy Lane, passing north-westwards then north-eastwards over the railway (Work <abbr title="Number">No.</abbr> 13) in tunnel and terminating in that road at a point 50 metres north-east of the access to Street Farm, Boxley;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn190" class="schProv1"><num>Work No. 13J—</num><content>Realignment of the A249 (Sittingbourne Road), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 13), commencing in that road at a point 80 metres north-east of the junction with that road of the side road to Detling and terminating in Sittingbourne Road at a point 110 metres north of the northern abutment of the eastern bridge of the roundabout through which that road passes over the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn191" class="schProv1"><num>Work No. 13K—</num><content>Realignment of Hockers Lane, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 13), commencing in that road at a point 230 metres north of the northern abutment of the bridge carrying that road over the M20 and terminating in Hockers Lane at a point on that bridge 260 metres south of that commencement;In the borough of Maidstone, parishes of Detling, Thurnham, Hollingbourne, Broomfield, Harrietsham, Lenham and Boughton Malherbe, in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e6139"><heading> Detling to Lenham Heath</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn192" class="schProv1"><num>Work No. 14—</num><content>A railway (13,904 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 13) at its termination, passing south-eastwards over Thurnham Lane (Work <abbr title="Number">No.</abbr> 14A), Water Lane (Work <abbr title="Number">No.</abbr> 14B) and Crismill Lane (Work <abbr title="Number">No.</abbr> 14C), then over the Maidstone and Ashford Railway at a point 85 metres east of the bridge carrying the M20 over that railway, continuing south-eastwards in tunnel for a distance of 240 metres beneath the B2163 (Eyhorne Street) (Work <abbr title="Number">No.</abbr> 14D), then passing over Snagbrook Stream, under Hospital Road (Work <abbr title="Number">No.</abbr> 14E), over the A20 (Ashford Road) (Work <abbr title="Number">No.</abbr> 14F) and under Fairbourne Lane (Work <abbr title="Number">No.</abbr> 14H), over Bell Farm access (Work <abbr title="Number">No.</abbr> 14J), then under Runham Lane (Work <abbr title="Number">No.</abbr> 14K), Sandway Road (Work <abbr title="Number">No.</abbr> 14L), Old Ham Lane (Work <abbr title="Number">No.</abbr> 14M), in tunnel for a distance of 170 metres beneath Headcorn Road (Work <abbr title="Number">No.</abbr> 14N), then continuing under Boughton Road (Work <abbr title="Number">No.</abbr> 14P), Lenham Heath Road (Work <abbr title="Number">No.</abbr> 14Q) and Bowley Lane (Work <abbr title="Number">No.</abbr> 14S), over the Great Stour River at a point 40 metres north of the bridge carrying the M20 over that river, under the access road west of Hook Street (Work <abbr title="Number">No.</abbr> 14U) and terminating at a point 85 metres south of the junction of Bull Hill with Lenham Heath Road, including bridges over Works <abbr title="Numbers">Nos.</abbr> 14A, 14B and 14C, the Maidstone and Ashford Railway, Snagbrook Stream, Works <abbr title="Numbers">Nos.</abbr> 14F and 14J and the Great Stour River;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn193" class="schProv1"><num>Work No. 14A—</num><content>Diversion of Thurnham Lane commencing in that road at a point 10 metres north of the access from that road to Gorewood Farm, passing south-westwards and southwards under the railway (Work <abbr title="Number">No.</abbr> 14) and terminating in Thurnham Lane at a point 10 metres north of the southern side of the bridge carrying the M20 over that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn194" class="schProv1"><num>Work No. 14B—</num><content>Diversion of Water Lane commencing in that road at a point 185 metres north of the northern side of the bridge carrying the M20 over that road, passing south-westwards and southwards under the railway (Work <abbr title="Number">No.</abbr> 14) and terminating in Water Lane at a point 5 metres north of the southern side of that bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn195" class="schProv1"><num>Work No. 14C—</num><content>Diversion of bridleway KH134 (Crismill Lane) commencing in that bridleway at a point 30 metres south of the entrance to the Poer Meadow Shaw Pumping Station of the Mid-Kent Water Company, passing south-westwards, then south-eastwards and south-westwards under the railway (Work <abbr title="Number">No.</abbr> 14) and terminating in Crismill Lane at a point 5 metres north of the northern end of the subway by which that bridleway passes under the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn196" class="schProv1"><num>Work No. 14D—</num><content>Realignment of the B2163 (Eyhorne Street) commencing at a point in that road 140 metres north-east of the northern abutment of the bridge carrying that road over the M20, passing south-westwards over the railway (Work <abbr title="Number">No.</abbr> 14) in tunnel and terminating at a point 75 metres south-west of that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn197" class="schProv1"><num>Work No. 14E—</num><content>Diversion of Hospital Road (D971), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 180 metres north-east of the northern end of the subway by which that road passes under the M20, passing south-westwards, north-westwards, then south-westwards over the railway and south-eastwards and south-westwards and terminating in Hospital Road at a point 10 metres north-east of the southern end of that subway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn198" class="schProv1"><num>Work No. 14F—</num><content>Diversion of the A20 (Ashford Road) commencing in that road at a point 20 metres east of the southern side of the bridge carrying the M20 over that road west of Holm Mill, passing eastwards under the railway (Work <abbr title="Number">No.</abbr> 14), then south-eastwards on the northern side of Work <abbr title="Number">No.</abbr> 14 and terminating in the A20 at a point 25 metres south-east of its junction with Holm Mill Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn199" class="schProv1"><num>Work No. 14G—</num><content>Diversion of Greenway Court Road (D946) at its junction with the A20 (Ashford Road), commencing in Greenway Court Road at a point 110 metres north-east of its junction with Greenway Lane, passing south-westwards, then southwards on the eastern side of the existing road and terminating by a junction with the A20 (Work <abbr title="Number">No.</abbr> 14F) at a point 105 metres east of the intended bridge carrying the railway (Work <abbr title="Number">No.</abbr> 14) over that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn200" class="schProv1"><num>Work No. 14H—</num><content>Realignment of Fairbourne Lane, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 50 metres south of its junction with the A20 (Ashford Road), passing southwards over the railway and terminating at a point 45 metres south of the northern end of the bridge carrying that road over the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn201" class="schProv1"><num>Work No. 14J—</num><content>Diversion of the Bell Farm access from Sandway Road, Harrietsham, commencing by a junction with Sandway Road at a point 130 metres south-east of its junction with East Street, passing south-eastwards, then south-westwards and southwards under the railway (Work <abbr title="Number">No.</abbr> 14) and terminating in that access road at a point 35 metres south of the northern end of the subway by which it passes under the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn202" class="schProv1"><num>Work No. 14K—</num><content>Realignment of Runham Lane, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 60 metres south-west of its junction with Sandway Road, passing south-westwards over the railway and terminating in Runham Lane at a point 10 metres south-west of the north-eastern end of the bridge carrying that road over the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn203" class="schProv1"><num>Work No. 14L—</num><content>Diversion of Sandway Road (C92), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 180 metres south-east of its junction with Runham Lane, passing south-eastwards on the eastern side of Sandway Road, then southwards over the railway and terminating in that road at a point 190 metres north-west of its junction with Old Ham Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn204" class="schProv1"><num>Work No. 14M—</num><content>Diversion of Old Ham Lane (D986), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 360 metres north of its junction with Sandway Road and Lenham Heath Road, passing southwards over the railway and terminating in Old Ham Lane at that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn205" class="schProv1"><num>Work No. 14N—</num><content>Realignment of Headcorn Road commencing in that road at a point 220 metres north-east of its junction with Lenham Heath Road, passing south-westwards over the railway (Work <abbr title="Number">No.</abbr> 14) in tunnel and terminating in Headcorn Road at a point 130 metres north-east of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn206" class="schProv1"><num>Work No. 14P—</num><content>Realignment of Boughton Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14) commencing in that road at a point 140 metres north of its junction with Lenham Heath Road, passing southwards over the railway and terminating in Boughton Road at a point 70 metres north of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn207" class="schProv1"><num>Work No. 14Q—</num><content>Diversion of Lenham Heath Road (C92) at Sandway, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 225 metres south-east of its junction with Boughton Road, passing south-eastwards then north-eastwards over the railway, then south-eastwards and eastwards and terminating in Lenham Heath Road at a point 590 metres north-west of its existing junction with Bowley Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn208" class="schProv1"><num>Work No. 14R—</num><content>Diversion of Lenham Heath Road (C92) at Chapel Mill commencing in that road at a point 260 metres north-west of its existing junction with Bowley Lane, passing south-eastwards over the Great Stour River and terminating in Lenham Heath Road at a point 310 metres south-east of that existing road junction, including a bridge over the Great Stour River;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn209" class="schProv1"><num>Work No. 14S—</num><content>Diversion of Bowley Lane at its junction with Lenham Heath Road, including bridges over the railway (Work <abbr title="Number">No.</abbr> 14) and the M20, commencing by a junction with Lenham Heath Road (Work <abbr title="Number">No.</abbr> 14R) at a point 225 metres south-east of the commencement of that work, passing southwards and south-westwards, over the railway and the motorway, and terminating in Bowley Lane at a point 165 metres south of the southern end of the existing bridge carrying that road over the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn210" class="schProv1"><num>Work No. 14T—</num><content>An access road, for construction purposes, commencing by a junction with the eastbound carriageway of the M20 at a point 75 metres north-west of the western side of the existing bridge carrying Bowley Lane over the motorway, passing south-eastwards and eastwards to a point on the southern side of the railway (Work <abbr title="Number">No.</abbr> 14) 220 metres south-east of the intended bridge carrying that road over the railway, then passing southwards and south-eastwards and terminating by a junction with that carriageway of the M20 at a point 210 metres north-west of the western side of the bridge carrying Hubbard’s Farm access road over the motorway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn211" class="schProv1"><num>Work No. 14U—</num><content>An access road on the line of Hubbard’s Farm access road west of Hook Street, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing by a junction with Lenham Heath Road at a point 75 metres west of its junction with Bull Hill, passing southwards over the railway and terminating in the existing access road at the southern end of the bridge carrying it over the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn212" class="schProv1"><num>Work No. 14V—</num><content>An access road on the southern side of the railway (Work <abbr title="Number">No.</abbr> 14) commencing in the curtilage of Old Cottage, passing south-eastwards to a junction with the new road (Work <abbr title="Number">No.</abbr> 14U) at a point 120 metres south of its commencement, then continuing south-eastwards and terminating in the curtilage of Yew Tree Cottage off Hook Street (to be stopped up);In the borough of Maidstone, parish of Lenham, and in the borough of Ashford, town of Ashford and parishes of Charing, Hothfield and Westwell, in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e6402"><heading> Lenham Heath to Ashford Barracks</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn213" class="schProv1"><num>Work No. 15—</num><content>A railway (11,342 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 14) at its termination, passing south-eastwards under Egerton Road (Work <abbr title="Number">No.</abbr> 15C), Newlands Road (Work <abbr title="Number">No.</abbr> 15F) and Pluckley Road (Work <abbr title="Number">No.</abbr> 15G), passing eastwards in tunnel for a distance of 115 metres beneath Leacon Lane (Work <abbr title="Number">No.</abbr> 15J), and under the A20 (Maidstone Road) (Work <abbr title="Number">No.</abbr> 15K) then continuing south-eastwards over the M20 at a point 50 metres west of the bridge carrying the Maidstone and Ashford Railway over the motorway at Tutt Hill, passing under Westwell Lane (Work <abbr title="Number">No.</abbr> 15M) and over Station Road (Work <abbr title="Number">No.</abbr> 15N), under the A20 (Work <abbr title="Number">No.</abbr> 15P) and over Godinton Lane (Work <abbr title="Number">No.</abbr> 15Q) and terminating at a point in Rowcroft Barracks 530 metres north-west of the existing junction of Godinton Road with Chart Road, including bridges over the M20, Station Road and Godinton Lane;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn214" class="schProv1"><num>Work No. 15A—</num><content>A railway (2,576 metres in length) on the northern side of the railway (Work <abbr title="Number">No.</abbr> 15) commencing by a junction with that railway at a point 360 metres east of its commencement, passing eastwards under Egerton Road (Work <abbr title="Number">No.</abbr> 15C) and terminating by a junction with Work <abbr title="Number">No.</abbr> 15 at a point 125 metres north-west of the intended bridge carrying Newlands Road (Work <abbr title="Number">No.</abbr> 15F) over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn215" class="schProv1"><num>Work No. 15B—</num><content>A railway (2,576 metres in length) on the southern side of the railway (Work <abbr title="Number">No.</abbr> 15) commencing by a junction with that railway at the said point 360 metres east of its commencement, passing eastwards under Egerton Road (Work <abbr title="Number">No.</abbr> 15C) and terminating by a junction with Work <abbr title="Number">No.</abbr> 15 at the said point 125 metres north-west of the intended bridge carrying Newlands Road (Work <abbr title="Number">No.</abbr> 15F) over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn216" class="schProv1"><num>Work No. 15C—</num><content>Realignment of Egerton Road, including a bridge over the railways (Works <abbr title="Numbers">Nos.</abbr> 15, 15A and 15B), commencing in that road at a point 5 metres south-west of the southern end of the bridge carrying it over the M20, passing north-eastwards over those railways and terminating in Egerton Road at a point 130 metres north-east of its junction with Vicarage Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn217" class="schProv1"><num>Work No. 15D—</num><content>Realignment of Vicarage Lane commencing in that road at a point 65 metres north of its junction with Egerton Road and terminating at that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn218" class="schProv1"><num>Work No. 15E—</num><content>Diversion of Hurst Lane (D1198) at its junction with Newlands Road commencing in Hurst Lane at a point 260 metres north-west of that existing road junction, passing eastwards and terminating by a junction with Newlands Road (Work <abbr title="Number">No.</abbr> 15F) at a point 75 metres north of the said existing road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn219" class="schProv1"><num>Work No. 15F—</num><content>Realignment of Newlands Road (D1199), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 15), commencing in that road at a point 15 metres north of the northern abutment of the bridge carrying that road over the M20, passing northwards over the railway, then north-eastwards and terminating in Newlands Road at a point 135 metres north-east of its junction with Hurst Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn220" class="schProv1"><num>Work No. 15G—</num><content>Realignment of Pluckley Road (C493), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 15), commencing in that road at a point 25 metres south-west of the southern end of the bridge carrying it over the M20, passing north-eastwards and northwards over the motorway and the railway and terminating in Pluckley Road at a point 65 metres north of its existing junction with Leacon Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn221" class="schProv1"><num>Work No. 15H—</num><content>Diversion of Leacon Lane between Pluckley Road and Leacon Alders commencing by a junction with Pluckley Road at its existing junction with Leacon Lane, passing eastwards then south-eastwards under the railway (Work <abbr title="Number">No.</abbr> 15) and terminating in Leacon Lane at a point 195 metres west of the bridge carrying that road over the stream at Leacon Alders, including access to Oakover Nursery and Raywood Cottages and to the emergency access to the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn222" class="schProv1"><num>Work No. 15J—</num><content>Realignment of Leacon Lane east of Leacon Alders commencing in that road at a point 240 metres east of its junction with Hurstford Lane, passing north-eastwards over the railway (Work <abbr title="Number">No.</abbr> 15) in tunnel, and terminating in Leacon Lane at a point 200 metres south-west of its junction with the A20 (Maidstone Road);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn223" class="schProv1"><num>Work No. 15K—</num><content>Diversion of the A20 (Maidstone Road), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 15), commencing in that road at a point 25 metres north of its junction with Leacon Lane, passing south-eastwards over the railway on the western side of the existing road and terminating in the A20 at the north-western end of the bridge carrying that road over the M20, including access to Leda Cottages at a point 35 metres north-west of that termination;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn224" class="schProv1"><num>Work No. 15L—</num><content>A road for access to premises on the eastern side of the existing A20 commencing by a junction with the A20 (Work <abbr title="Number">No.</abbr> 15K) at a point on its eastern side 205 metres south-east of its commencement, passing eastwards, then south-eastwards and terminating by a junction with the remaining part of the existing road at a point 285 metres south-east of the commencement of Work <abbr title="Number">No.</abbr> 15K;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn225" class="schProv1"><num>Work No. 15M—</num><content>Diversion of Westwell Lane (D1227) commencing in that road at the southern end of the bridge carrying it over the M20, passing southwards on the eastern side of the existing road, then south-westwards over the Maidstone and Ashford Railway and the railway (Work <abbr title="Number">No.</abbr> 15), then passing south-eastwards and southwards and terminating in that road at a point 180 metres south of the southern abutment of the existing bridge carrying that road over the Maidstone and Ashford Railway, including a bridge over that railway and Work <abbr title="Number">No.</abbr> 15;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn226" class="schProv1"><num>Work No. 15N—</num><content>Realignment of Station Road, Westwell, commencing in that road at a point 15 metres south-west of the bridge carrying the Maidstone and Ashford Railway over that road, passing south-westwards under the railway (Work <abbr title="Number">No.</abbr> 15) and terminating in Station Road at a point 220 metres south-west of that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn227" class="schProv1"><num>Work No. 15P—</num><content>Diversion of the A20 (Maidstone Road), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 15), commencing in that road at a point 405 metres north-west of the entrance to Yonsea Farm, passing eastwards on the northern side of the existing road, over the railway, then south-eastwards and terminating in that road at a point at Potters Corner 25 metres south-east of the junction with that road of Godinton Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn228" class="schProv1"><num>Work No. 15Q—</num><content>Diversion of Godinton Lane commencing in that road at a point 225 metres south-west of its junction with the A20, passing south-westwards on the western side of the existing road, under the railway (Work <abbr title="Number">No.</abbr> 15) and terminating in Godinton Lane at a point 10 metres north-east of the access to North Lodge;In the borough of Ashford, town of Ashford and parish of Sevington, in the County of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e6602"><heading> Ashford Barracks to Sevington</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn229" class="schProv1"><num>Work No. 16—</num><content>A railway (4,535 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 15) at its termination, passing south-eastwards to a point 130 metres north-west of the existing junction of Godinton Road with Chart Road, then in tunnel for a distance of 565 metres beneath Chart Road (Work <abbr title="Number">No.</abbr> 16F) and Godinton Road (Works <abbr title="Numbers">Nos.</abbr> 16G and 16H), the railway (Work <abbr title="Number">No.</abbr> 16A) and the Maidstone and Ashford Railway (Work <abbr title="Number">No.</abbr> 16C), then under Beaver Road (Work <abbr title="Number">No.</abbr> 16N), over the Great Stour and the East Stour Rivers, the Ashford and Canterbury Railway and the railways (Works <abbr title="Numbers">Nos.</abbr> 16C and 16D), then over the railways (Works <abbr title="Numbers">Nos.</abbr> 16A and 16E), under Boys Hall Road (Work <abbr title="Number">No.</abbr> 16Q), and terminating at a point 225 metres west of the western side of the existing bridge carrying Bad Munstereifel Road over the Ashford and Folkestone Railway at Sevington, including bridges over Works <abbr title="Numbers">Nos.</abbr> 16A, 16C, 16D and 16E, the Great Stour and the East Stour Rivers, the Ashford and Canterbury Railway, and the Aylesford Stream (Work <abbr title="Number">No.</abbr> 16S);</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn230" class="schProv1"><num>Work No. 16A—</num><content>A railway (4,555 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 16) at a point 5 metres south-east of the commencement of that work, passing south-eastwards on the northern side of that railway, in tunnel for a distance of 405 metres beneath Chart Road (Work <abbr title="Number">No.</abbr> 16F), then passing southwards over the railway (Work <abbr title="Number">No.</abbr> 16) in tunnel, then south-eastwards and eastwards under Beaver Road (Work <abbr title="Number">No.</abbr> 16N), on existing bridges over the Great Stour and the East Stour Rivers, under Work <abbr title="Number">No.</abbr> 16, and Boys Hall Road (Work <abbr title="Number">No.</abbr> 16Q) and terminating by a junction with Work <abbr title="Number">No.</abbr> 16 at its termination, including bridges over Work <abbr title="Number">No.</abbr> 16K and the Aylesford Stream (Work <abbr title="Number">No.</abbr> 16S);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn231" class="schProv1"><num>Work No. 16B—</num><content>A railway (4,550 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 16) at a point 5 metres south-east of the commencement of that work, passing south-eastwards on the southern side of that railway, in tunnel for a distance of 475 metres beneath Chart Road (Work <abbr title="Number">No.</abbr> 16F) and Godinton Road (Works <abbr title="Numbers">Nos.</abbr> 16G and 16H), passing south-eastwards and eastwards under Beaver Road (Work <abbr title="Number">No.</abbr> 16N), on existing bridges over the Great Stour and East Stour Rivers, under Boys Hall Road (Work <abbr title="Number">No.</abbr> 16Q) and terminating by a junction with Work <abbr title="Number">No.</abbr> 16 at its termination, including bridges over Work <abbr title="Number">No.</abbr> 16K and the Aylesford Stream (Work <abbr title="Number">No.</abbr> 16S);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn232" class="schProv1"><num>Work No. 16C—</num><content>A railway (2,228 metres in length) commencing by a junction with the Maidstone and Ashford Railway at a point 200 metres north-west of the bridge carrying the Godinton Road over that railway, passing south-eastwards over the railway (Work <abbr title="Number">No.</abbr> 16) in tunnel, under Beaver Road (Work <abbr title="Number">No.</abbr> 16N), on existing bridges over the Great Stour and East Stour Rivers and terminating by a junction with the Ashford and Canterbury Railway at a point 70 metres east of the intended bridge carrying Work <abbr title="Number">No.</abbr> 16 over that railway, including a bridge over Work <abbr title="Number">No.</abbr> 16K;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn233" class="schProv1"><num>Work No. 16D—</num><content>A railway (954 metres in length), forming sidings on the Ashford and Canterbury and Ashford and Folkestone Railways, commencing at a point 45 metres south-east of the eastern abutment of the bridge carrying that railway over the East Stour River, passing south-eastwards on the southern side of the railway (Work <abbr title="Number">No.</abbr> 16C) to a junction with the Ashford and Canterbury Railway, then passing eastwards under the railway (Work <abbr title="Number">No.</abbr> 16) then south-eastwards and terminating at a point 125 metres north-west of the junction of Bentley Road with Hunter Avenue and Aylesford Place, including railway sidings;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn234" class="schProv1"><num>Work No. 16E—</num><content>A railway (748 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 16A) at a point 140 metres north-west of the intended bridge carrying the railway (Work <abbr title="Number">No.</abbr> 16) over that railway, passing south-eastwards under Work <abbr title="Number">No.</abbr> 16, on the northern side of Work <abbr title="Number">No.</abbr> 16A and terminating at a point 92 metres south-east of the eastern side of the existing Aylesford Place level crossing (to be stopped up), including railway sidings;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn235" class="schProv1"><num>Work No. 16F—</num><content>Realignment of the A28 (Chart Road) commencing in that road at a point 45 metres east of the junction of Hilton Road with that road, passing eastwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A and 16B) in tunnel and terminating in that road at a point 3 metres west of the western side of the bridge carrying the Maidstone and Ashford Railway over that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn236" class="schProv1"><num>Work No. 16G—</num><content>Realignment of Godinton Road (B2074) and Carlton Road (E1467) commencing by a junction with Chart Road (Work <abbr title="Number">No.</abbr> 16F) at the existing junction of that road with Godinton Road, passing south-eastwards on the line of that road over the railway (Work <abbr title="Number">No.</abbr> 16B) in tunnel, then passing south-westwards on the line of Carlton Road and terminating in that road at a point 63 metres south-west of its junction with Godinton Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn237" class="schProv1"><num>Work No. 16H—</num><content>A road commencing by a junction with Godinton Road (Work <abbr title="Number">No.</abbr> 16G) at a point 80 metres south-east of its existing junction with Chart Road, passing north-eastwards over the railways (Works Nos 16, 16A and 16B) in tunnel, then south-eastwards over the Maidstone and Ashford Railway (Work <abbr title="Number">No.</abbr> 16C) and terminating in Godinton Road at a point 45 metres north-west of its junction with James Street, including a bridge over the Maidstone and Ashford Railway (Work <abbr title="Number">No.</abbr> 16C);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn238" class="schProv1"><num>Work No. 16J—</num><content>Realignment of Bridge Road commencing in that road at a point 45 metres south-west of its existing junction with Godinton Road, passing north-eastwards, and terminating by a junction with Work <abbr title="Number">No.</abbr> 16G at that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn239" class="schProv1"><num>Work No. 16K—</num><content>An access road and cycle track commencing in Gasworks Lane at a point 30 metres south of its junction with the A292 (Elwick Road), passing south-westwards for a distance of 108 metres, on the western side of Gasworks Lane (to be stopped up), over the railway (Work <abbr title="Number">No.</abbr> 16), then continuing as a cycle track south-westwards, then eastwards and westwards, under the railways (Works <abbr title="Numbers">Nos.</abbr> 16A, 16B and 16C) and the Tonbridge and Ashford Railway, and terminating in Gasworks Lane at a point 10 metres south of the southern end of the existing bridge carrying that last mentioned railway over that road, including a bridge over Work <abbr title="Number">No.</abbr> 16;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn240" class="schProv1"><num>Work No. 16L—</num><content>A road commencing by a junction with Leacon Road at its junction with Norfolk Drive, passing eastwards and terminating by a junction with Gasworks Lane at a point 120 metres south of the southern end of the bridge carrying the Tonbridge and Ashford Railway over that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn241" class="schProv1"><num>Work No. 16M—</num><content>A cycle track commencing by a junction with the footpath AU 37 at a point 32 metres south of its junction with the A292 (Elwick Road), passing south-westwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A, 16B and 16C), the Maidstone and Ashford and the Tonbridge and Ashford Railways, then passing westwards, then eastwards and terminating by a junction with the footpath at a point 5 metres south-west of the southern end of the footbridge carrying that footpath over the Tonbridge and Ashford Railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn242" class="schProv1"><num>Work No. 16N—</num><content>Diversion of the A2070 (Beaver Road) commencing in that road at its junction with the A292 (Elwick Road and Station Road), passing southwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A, 16B and 16C) and terminating in the A2070 at its junction with the Romney Marsh Road, including a bridge over the said railways and a junction roundabout at that termination;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn243" class="schProv1"><num>Work No. 16P—</num><content>A cycle track commencing at the southern end of Alsops Road, passing eastwards, then westwards and eastwards, then southwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A and 16B) and the Ashford and Folkestone Railway, then continuing westwards and eastwards and terminating by a junction with Crowbridge Road at a point 60 metres west of the junction of that road with Gladstone Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn244" class="schProv1"><num>Work No. 16QQ—</num><content>Diversion of Boys Hall Road and Canterbury Road (E1466), including a bridge over the Ashford and Folkestone Railway in place of the existing bridge over that railway and over the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A and 16B) and the new road (Work <abbr title="Number">No.</abbr> 16RR), commencing in Boys Hall Road at a point 215 metres north-east of the existing junction of Crowbridge Road with that road, passing south-westwards over Works <abbr title="Numbers">Nos.</abbr> 16, 16A and 16B, the Ashford and Folkestone Railway and Work <abbr title="Number">No.</abbr> 16RR on the eastern side of the existing road and terminating in Canterbury Road at a point 150 metres south-west of that existing road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn245" class="schProv1"><num>Work No. 16RR—</num><content>A road, forming in part a realignment of Crowbridge Road (D4488), commencing in that road at a point 230 metres north-west of its existing junction with Canterbury Road, passing south-eastwards under Work <abbr title="Number">No.</abbr> 16QQ then passing southwards, south-westwards and south-eastwards and terminating at a roundabout in the northern corner of Orbital Park, Ashford, at a point 520 metres north-west of the junction of Bad Munstereifel Road (Work <abbr title="Number">No.</abbr> 17A) with the access road to Orbital Park, Ashford;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn246" class="schProv1"><num>Work No. 16RR(1)—</num><content>A road commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 16QQ) at a point 40 metres north-east of the junction of Mead Road with Canterbury Road, passing south-eastwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 16RR at a point 120 metres south-east of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn247" class="schProv1"><num>Work No. 16S—</num><content>A cut, forming a diversion of the Aylesford Stream, commencing in that stream at a point 185 metres upstream from the northern side of the bridge carrying the Ashford and Folkestone Railway over that stream, passing westwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A and 16B) and terminating in that stream at a point 5 metres north of the southern side of the said bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn248" class="schProv1"><num>Work No. 16T—</num><content>A railway (1,201 metres in length), forming sidings, commencing by a junction with the Ashford to Canterbury Railway at a point 4 metres south of the southern side of the bridge carrying Hythe Road over that railway, passing southwards, westwards then north-westwards and terminating in the Ashford Goods Yard at a point 200 metres east of the south-western side of the bridge carrying the Ashford to Folkestone Railway over the East Stour river;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn249" class="schProv1"><num>Work No. 16U—</num><content>A railway (100 metres in length), forming a cross-over, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 16E) at a point 60 metres west of the junction of Bentley Road with Hunter Avenue and Aylesford Place, passing south-eastwards and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 16A) at a point 85 metres south of that road junction;In the borough of Ashford, parishes of Sevington, Mersham, Smeeth and Aldington, and in the district of Shepway, parishes of Sellindge, Stanford, Saltwood and Postling, in the county of Kent—</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn250" class="schProv1"><num>Work No. 17—</num><content>A railway (12,300 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 16) at its termination, passing south-eastwards on the northern side of the Ashford and Folkestone Railway, under Bad Munstereifel Road (Work <abbr title="Number">No.</abbr> 17A) and Highfield Lane (Work <abbr title="Number">No.</abbr> 17C), over Blind Lane (Work <abbr title="Number">No.</abbr> 17D), then in tunnel beneath Church Road, Mersham for a distance of 160 metres, then passing eastwards, under Station Road, Smeeth (Work <abbr title="Number">No.</abbr> 17H), over Church Lane, Sellindge, (Work <abbr title="Number">No.</abbr> 17K), then on the southern side of the Sellindge Converter Station, under Harringe Lane (Work <abbr title="Number">No.</abbr> 17L), over the A20 (Ashford Road) at Sellindge (Work <abbr title="Number">No.</abbr> 17M) and the East Stour River west of Stone Street, Westenhanger, under the B2068 Link Road (Work <abbr title="Number">No.</abbr> 17P) and the A20 (Ashford Road) (Work <abbr title="Number">No.</abbr> 17Q) to a point alongside the western portal of the tunnel on the Ashford and Folkestone Railway beneath the access to Sandling Park, then in tunnel for a distance of 90 metres beneath that access and terminating at a point 427 metres east of the eastern portal of that tunnel at the access to Sandling Park, including bridges over Works <abbr title="Numbers">Nos.</abbr> 17D, 17K and 17M;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn251" class="schProv1"><num>Work No. 17A—</num><content>Realignment of Bad Munstereifel Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge over that railway, commencing in that road at a point 330 metres north-east of the north-eastern abutment of the said existing bridge passing south-westwards over the two railways and terminating in that road at a point 420 metres south-west of the south-western abutment of that existing bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn252" class="schProv1"><num>Work No. 17B—</num><content>Diversion of Highfield Lane and Church Road north of the bridge carrying Highfield Lane over the Ashford and Folkestone Railway, commencing in Church Road at a point 260 metres south of its junction with Bad Munstereifel Road, passing southwards, then eastwards on the line of Church Road to its junction with Highfield Lane, then passing north-eastwards on the line of that road to a point 120 metres north-east of that road junction, then passing eastwards and terminating by a junction with Highfield Lane (Work <abbr title="Number">No.</abbr> 17C) at a point 120 metres south-west of the commencement of that work;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn253" class="schProv1"><num>Work No. 17C—</num><content>A new road, forming a diversion of Highfield Lane and Church Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge carrying Highfield Lane over that railway, commencing by a junction with Highfield Lane at a point 260 metres north-east of its existing junction with Church Road, passing westwards, then south-westwards and southwards on the eastern side of the existing road, over the two railways, and terminating by a junction with Highfield Lane at a point 40 metres south of the access from that road to The Dean;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn254" class="schProv1"><num>Work No. 17C(1)—</num><content>A road for access to premises on the eastern side of Highfield Lane south of the Ashford and Folkestone Railway, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 17C) at a point 100 metres north of the termination of that work, passing eastwards and terminating by a junction with the remaining part of Highfield Lane at a point 80 metres north of the access to The Dean;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn255" class="schProv1"><num>Work No. 17D—</num><content>Realignment of Blind Lane commencing in that road at a point 180 metres north-east of the existing bridge carrying the Ashford and Tonbridge Railway over that road, passing under that railway and the railway (Work <abbr title="Number">No.</abbr> 17) and terminating in Blind Lane at a point 90 metres south-west of the said existing bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn256" class="schProv1"><num>Work No. 17E—</num><content>A tunnel over the Ashford and Folkestone Railway coterminous with the tunnel forming part of the railway (Work <abbr title="Number">No.</abbr> 17), beneath Church Road, Mersham (Work <abbr title="Number">No.</abbr> 17F);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn257" class="schProv1"><num>Work No. 17F—</num><content>A road, forming a diversion of Church Road, Mersham, commencing in that road at a point 240 metres south-west of its junction with Bower Road, passing south-westwards and southwards on the eastern side of the existing road, over the railway (Work <abbr title="Number">No.</abbr> 17) in tunnel and the Ashford and Folkestone Railway in tunnel (Work <abbr title="Number">No.</abbr> 17E), and terminating in Church Road at a point 190 metres north of its junction with Jemmett Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn258" class="schProv1"><num>Work No. 17G—</num><content>A road for access to premises on the western side of Church Road, Mersham, north of the Ashford and Folkestone Railway, commencing in the remaining part of Church Road at a point opposite Bridge Cottage and terminating by a junction with Church Road (Work <abbr title="Number">No.</abbr> 17F) at a point 180 metres south-west of its commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn259" class="schProv1"><num>Work No. 17H—</num><content>Diversion of the B2069 (Station Road, Smeeth), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge carrying that road over that railway, commencing in Station Road at a point 260 metres south-west of the access to Park Wood Cottage, passing northwards on the western side of the existing road over the two railways, and terminating in Station Road at a point 130 metres north of the northern abutment of that existing bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn260" class="schProv1"><num>Work No. 17J(1)—</num><content>A cut, forming a diversion of a tributary of the East Stour River west of Church Lane, Sellindge, commencing in that stream at a point 130 metres east of the northern end of the culvert by which it passes under the Ashford and Folkestone Railway, passing westwards, then southwards and terminating in that stream at a point 10 metres north of the northern end of that culvert;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn261" class="schProv1"><num>Work No. 17J(2)—</num><content>A cut, forming a diversion of the East Stour River, commencing in that river at a point 60 metres south-west of the southern end of the culvert by which that river passes under the Ashford and Folkestone Railway 290 metres east of Grove Bridge, passing eastwards then southwards and terminating in that river at a point 80 metres south of the southern end of the culvert by which that river passes under that railway 750 metres east of Grove Bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn262" class="schProv1"><num>Work No. 17J(3)—</num><content>A cut, forming a diversion of the East Stour River at Westenhanger, commencing in that river at the northern end of the culvert by which that river passes under the Ashford and Folkestone Railway west of Stone Street, passing eastwards on the northern side of the railway (Work <abbr title="Number">No.</abbr> 17), and terminating in that river at a point 170 metres north-east of that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn263" class="schProv1"><num>Work No. 17K—</num><content>A diversion of Church Lane, Sellindge, commencing in that road at a point 20 metres north of the northern side of the existing bridge carrying the Ashford and Folkestone Railway over that road, passing south-eastwards under the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway and terminating in Church Lane at a point 280 metres south of the southern side of that existing bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn264" class="schProv1"><num>Work No. 17L—</num><content>A realignment of Harringe Lane, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge carrying that road over that railway, commencing in that road at a point 50 metres north of the northern end of the bridge carrying that road over the M20, passing southwards over the motorway and over the two railways and terminating in Harringe Lane at a point 50 metres north of the bridge carrying that road over the East Stour River;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn265" class="schProv1"><num>Work No. 17M—</num><content>Realignment of the A20 (Ashford Road) at Sellindge commencing in that road at the southern side of the bridge carrying the M20 over that road, passing southwards on the line of the A20, under the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway, and terminating in that road at a point 50 metres south of the southern side of the bridge carrying that last-mentioned railway over that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn266" class="schProv1"><num>Work No. 17N—</num><content>A road commencing by a junction with Stone Street at a point 80 metres west of the southern end of the bridge carrying the emergency services access road over the M20 at Stanford, passing south-eastwards then eastwards on the northern side of the railway (Work <abbr title="Number">No.</abbr> 17), then northwards, and terminating by a junction with the roundabout at Junction 11 of the M20 at a point 70 metres west of the junction with that roundabout of the westbound slip road of the B2068 Link Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn267" class="schProv1"><num>Work No. 17P—</num><content>Realignment of the B2068 Link Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge carrying that road over that railway, commencing in that road at the existing junction of that road with the roundabout at Junction 11 of the M20, passing southwards over those two railways and terminating in that road at the existing roundabout at its junction with the A20 (Ashford Road);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn268" class="schProv1"><num>Work No. 17Q—</num><content>Diversion of the A20 (Ashford Road) at Sandling, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge carrying that road over that railway, commencing in that road at the existing roundabout at its junction with the B2068 Link Road, passing north-eastwards over those two railways and terminating in that road at a point 220 metres north-east of the northern abutment of that existing bridge;In the district of Shepway, parishes of Saltwood and Newington and town of Folkestone, in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e7132"><heading> Saltwood to Folkestone</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn269" class="schProv1"><num>Work No. 18A—</num><content>A railway (3,476 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 17) at its termination, passing eastwards under Sandling Road (Work <abbr title="Number">No.</abbr> 18H) on the northern side of the Ashford and Folkestone Railway and the northern side of the Dollands Moor Freight Yard, then under the roundabout (part of Work <abbr title="Number">No.</abbr> 18J) and terminating at a point on the western side of the M20 at Newington 215 metres south-west of the junction of Newington Road with the A20;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn270" class="schProv1"><num>Work No. 18AA—</num><content>A railway (1,700 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 18A) at its termination, passing eastwards over the M20 and the A20 and an access road within the Channel Tunnel Terminal and terminating by a junction with the Eurotunnel Railway at a point 1,430 metres east of the western end of the bridge carrying that railway over the A20, including bridges over the M20, the A20 and the said access road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn271" class="schProv1"><num>Work No. 18B—</num><content>A railway (4,400 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 17) at its termination, passing eastwards on the northern side of the Ashford and Folkestone Railway, under Sandling Road (Work <abbr title="Number">No.</abbr> 18H), then over the Saltwood Tunnel on that railway, continuing on the southern side of that railway and the Dollands Moor Freight Yard, over the railway (Work <abbr title="Number">No.</abbr> 18E), under the B2065 (Hythe Road) (Work <abbr title="Number">No.</abbr> 18J), on existing bridges over the M20 and the A20 and terminating by a junction with the Eurotunnel Railway at a point 570 metres east of the eastern end of the bridge carrying that railway over the A20, including a bridge over Work <abbr title="Number">No.</abbr> 18E;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn272" class="schProv1"><num>Work No. 18C—</num><content>A railway (1,591 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 18B) at chainage 369 metres, passing eastwards on the southern side of the railway (Work <abbr title="Number">No.</abbr> 18A), then south-eastwards and terminating by a junction with the northern sidings of the Dollands Moor Freight Yard at a point 370 metres east of the eastern portal of the Saltwood Tunnel;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn273" class="schProv1"><num>Work No. 18D—</num><content>A railway (352 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 18A) at chainage 588 metres, passing eastwards and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 18C) at chainage 571 metres;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn274" class="schProv1"><num>Work No. 18E—</num><content>A deviation railway (2,136 metres in length), forming a diversion of the Ashford and Folkestone Railway, commencing by a junction with that railway at the eastern portal of the Saltwood Tunnel, passing eastwards under the railway (Work <abbr title="Number">No.</abbr> 18B) and the B2065 (Hythe Road) (Work <abbr title="Number">No.</abbr> 18J) and terminating by a junction with the Ashford and Folkestone Railway at a point 470 metres west of the bridge carrying Cheriton High Street over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn275" class="schProv1"><num>Work No. 18F—</num><content>A railway (1,423 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 18E) at chainage 150 metres, passing eastwards under the B2065 (Hythe Road) (Work <abbr title="Number">No.</abbr> 18J), and terminating by a junction with the Eurotunnel Railway at a point 365 metres east of the existing bridge carrying that road over the Dollands Moor Freight Yard;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn276" class="schProv1"><num>Work No. 18G—</num><content>A railway (1,272 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 18E) at chainage 750 metres, passing eastwards under the B2065 (Hythe Road) (Work <abbr title="Number">No.</abbr> 18J) and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 18B) at a point 90 metres east of the western end of the bridge carrying that railway over the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn277" class="schProv1"><num>Work No. 18H—</num><content>Realignment of Sandling Road, including a bridge over the railways (Works <abbr title="Numbers">Nos.</abbr> 18A and 18B), commencing in that road at the bridge carrying that road over the Ashford and Folkestone Railway, passing north-westwards over those railways and terminating in Sandling Road at a point 140 metres south-east of the junction of that road with the A20 (Ashford Road), including a bridge over Works <abbr title="Numbers">Nos.</abbr> 18A and 18B;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn278" class="schProv1"><num>Work No. 18J—</num><content>Realignment of the B2065 (Hythe Road), including a roundabout at the junction of that road with the exit slip road from the Channel Tunnel Terminal (Work <abbr title="Number">No.</abbr> 18K) and bridges carrying that roundabout over the railway (Work <abbr title="Number">No.</abbr> 18A), commencing in the B2065 at a point 183 metres south of the centre of the roundabout at the Beechborough Cross Roads, passing southwards over Work <abbr title="Number">No.</abbr> 18A, then on viaduct over Dollands Moor Freight Yard and over the railways (Works <abbr title="Numbers">Nos.</abbr> 18B, 18E, 18F and 18G) and terminating in the B2065 at a point 215 metres north of its junction with the bridleway HE 260, including the said roundabout bridges and viaduct;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn279" class="schProv1"><num>Work No. 18K—</num><content>A road commencing by a junction with the north-eastern side of the roundabout (part of Work <abbr title="Number">No.</abbr> 18J), passing north-eastwards and eastwards and terminating by a junction with the exit slip road from the Channel Tunnel Terminal at a point 250 metres from the western end of the bridge carrying that road over the M20;In the London Borough of Hammersmith and Fulham—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e7286"><heading> White City Sidings</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn280" class="schProv1"><num>Work No. 19—</num><content>A railway (1,050 metres in length), forming a diversion of the northbound track of the West London Line between North Pole Junction and Kensington Olympia, commencing by a junction with that railway at a point 25 metres south-east of the bridge over that railway beneath Westway west of the junction of that road with West Cross Route, passing south-eastwards on the western side of that railway under the bridge carrying the Hammersmith and City Line of the London Underground over that railway and terminating by a junction with the West London Line at a point 170 metres north of the northern portal of the tunnel in which that railway passes beneath the junction of West Cross Route with Holland Park Avenue, Shepherds Bush Green and the Uxbridge Road;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn281" class="schProv1"><num>Work No. 19A—</num><content>A railway (715 metres in length), forming a siding of the West London Line, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 19) at its commencement, passing south-eastwards on the eastern side of that railway, under the bridge carrying the Hammersmith and City Line of the London Underground over that railway and terminating at a point 258 metres south of the southern side of the said railway bridge;In the borough of Gravesham, parishes of Shorne and Higham, in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e7307"><heading> Hoo Sidings</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn282" class="schProv1"><num>Work No. 20A—</num><content>A railway (1,111 metres in length), forming sidings of the Gravesend and Higham Railway at Hoo Junction, commencing by a junction with that railway on the eastern side of the Queens Farm Road level crossing on that railway, passing eastwards on the northern side of that railway, then north-eastwards on the southern side of the Grain Branch of that railway and terminating at a point 120 metres south of the south-western abutment of the bridge carrying that railway over the former Thames and Medway Canal;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn283" class="schProv1"><num>Work No. 20B—</num><content>A railway (827 metres in length), forming sidings of the Gravesend and Higham Railway at Hoo Junction, commencing by a junction with that railway on the eastern side of the Queens Farm Road level crossing on that railway, passing eastwards then south-eastwards on the southern side of that railway and terminating at the eastern end of the existing siding of that railway, including railway sidings;In the districts of Dover and Thanet, parishes of Minster and Sandwich, in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e7325"><heading> Richborough Sidings</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn284" class="schProv1"><num>Work No. 21—</num><content>A railway (1,139 metres in length), forming sidings at the Richborough Power Station at Stonelees, commencing by a junction with the Margate and Dover Railway at a point 530 metres north-west of the north-western abutment of the bridge carrying that railway over the River Stour, passing south-eastwards and terminating at a point 470 metres west of the north-western end of the culvert carrying the A256 (Ramsgate Road) over Minster Stream, including railway sidings.</content></paragraph></hcontainer></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-1-crossheading-interpretation"><heading> Interpretation</heading><paragraph eId="schedule-1-paragraph-2" class="schProv1"><num>2</num><content>In paragraph 1 above—<blockList class="unordered none" ukl:Name="UnorderedList" ukl:Decoration="none"><item>references to the Tilbury Loop Railway are references to the Tilbury Line of the London Tilbury and Southend Railway;</item><item>references to the M2 and the M20 are references to the special roads so designated;</item><item>references to the A13 and the A20 are references to the trunk roads so designated and references to the intended A13 are to a new road to be constructed in substitution for part of the A13; and</item></blockList><blockContainer ukl:Name="BlockText">“<term refersTo="#term-westbound" eId="term-westbound">westbound</term>” in any description of the direction of road or railway traffic signifies travel in the direction of London, whether or not London is the destination, and “<term refersTo="#term-eastbound" eId="term-eastbound">eastbound</term>” signifies travel in the opposite direction.</blockContainer></content></paragraph></hcontainer></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="schedule-1-crossheading-description-of-works"><heading> Description of works</heading><paragraph eId="schedule-1-paragraph-1" class="schProv1"><num>1</num><content>The works which the nominated undertaker is authorised by section 1 above to construct and maintain are the following—In the London Boroughs of Camden and Islington—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e3670"><heading><abbr title="Saint">St.</abbr> Pancras to Highbury Corner</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn1" class="schProv1"><num>Work No. 1—</num><content>Railways between <abbr title="Saint">St.</abbr> Pancras and Highbury Corner and related works comprising the following railways, including a station terminus at St Pancras for international and domestic services and the provision of facilities in connection therewith—</content></paragraph></hcontainer><hcontainer name="subheading" class="schGroup7" eId="d25e3684"><heading> International High Speed Railway</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn2" class="schProv1"><num>Work No. 1A—</num><content>A railway (741 metres in length) commencing in the intended <abbr title="Saint">St.</abbr> Pancras Station, passing north-westwards over the new road (Work <abbr title="Number">No.</abbr> 5D), then northwards over the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A) and terminating at a point 33 metres south of the southern abutment of the existing bridge over the Regent’s Canal, including bridges over Works <abbr title="Numbers">Nos.</abbr> 5A and 5D;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn3" class="schProv1"><num>Work No. 1AA—</num><content>A railway (2,189 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1A) at its termination, passing northwards over the Regent’s Canal and the railway (Work <abbr title="Number">No.</abbr> 2) in tunnel, then passing north-eastwards over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), the railways (Works <abbr title="Numbers">Nos.</abbr> 2AA and 2BB) in tunnel and the East Coast Main Line to a tunnel portal 65 metres to the east of that railway, then passing in tunnel over the Piccadilly Line then beneath Caledonian Road, Westbourne Road and Liverpool Road and terminating at Highbury Corner beneath the junction of that road with Highbury Place, including bridges over the Regent’s Canal, Work <abbr title="Number">No.</abbr> 5Q and the East Coast Main Line;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn4" class="schProv1"><num>Work No. 1B—</num><content>A railway (737 metres in length) commencing in the intended <abbr title="Saint">St.</abbr> Pancras Station, passing north-westwards over the new road (Work <abbr title="Number">No.</abbr> 5D), then northwards over the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A) and terminating at a point 30 metres south of the southern abutment of the existing bridge over the Regent’s Canal, including bridges over Works <abbr title="Numbers">Nos.</abbr> 5A and 5D;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn5" class="schProv1"><num>Work No. 1BB—</num><content>A railway (2,182 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1B) at its termination, passing northwards over the Regent’s Canal and the railway (Work <abbr title="Number">No.</abbr> 2) in tunnel, then passing north-eastwards in tunnel beneath the railway (Work <abbr title="Number">No.</abbr> 1CC) for a distance of 150 metres, then over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), the railways (Works <abbr title="Numbers">Nos.</abbr> 2AA and 2BB) in tunnel and the East Coast Main Line to a tunnel portal 65 metres to the east of that railway, then passing in tunnel over the Piccadilly Line then beneath Caledonian Road, Westbourne Road and Liverpool Road and terminating at Highbury Corner beneath the junction of that road with Highbury Place, including bridges over the Regent’s Canal, Work <abbr title="Number">No.</abbr> 5Q and the East Coast Main Line;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e3769"><heading> Domestic Railway</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn6" class="schProv1"><num>Work No. 1C—</num><content>A railway (533 metres in length) commencing in the intended <abbr title="Saint">St.</abbr> Pancras Station at a point 15 metres north-west of the existing junction of Clarence Passage with Pancras Road, passing north-westwards on the eastern side of the existing Midland Main Line, over the new road (Work <abbr title="Number">No.</abbr> 5D) and the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A), and terminating at a point 25 metres south of the southern abutment of the existing bridge over the Regent’s Canal, including bridges over Works <abbr title="Numbers">Nos.</abbr> 5A and 5D;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn7" class="schProv1"><num>Work No. 1CC—</num><content>A railway (650 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1C) at its termination, passing northwards over the Regent’s Canal, then passing north-eastwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 1BB and 1DD) in tunnel, then over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q) and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 1AA) at a point 100 metres north-east of the existing York Way bridge, including bridges over the Regent’s Canal and Work <abbr title="Number">No.</abbr> 5Q;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn8" class="schProv1"><num>Work No. 1D—</num><content>A railway (534 metres in length) commencing in the intended <abbr title="Saint">St.</abbr> Pancras Station at a point 15 metres north-west of the existing junction of Clarence Passage with Pancras Road, passing north-westwards on the eastern side of the existing Midland Main Line, over the new road (Work <abbr title="Number">No.</abbr> 5D) and the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A), and terminating at a point 30 metres south of the southern abutment of the existing bridge over the Regent’s Canal, including bridges over Works <abbr title="Numbers">Nos.</abbr> 5A and 5D;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn9" class="schProv1"><num>Work No. 1DD—</num><content>A railway (680 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1D) at its termination, passing northwards over the railway (Work <abbr title="Number">No.</abbr> 2) in tunnel and the Regent’s Canal, then passing north-eastwards in tunnel beneath the railway (Work <abbr title="Number">No.</abbr> 1CC) for a distance of 150 metres, then over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q) and the railways (Works <abbr title="Numbers">Nos.</abbr> 2AA and 2BB) in tunnel, and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 1BB) at a point 125 metres north-east of the existing York Way bridge, including bridges over the Regent’s Canal and Work <abbr title="Number">No.</abbr> 5Q;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn10" class="schProv1"><num>Work No. 1EE—</num><content>A railway (767 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1AA) at a point on the existing bridge over the Regent’s Canal, passing northwards over the Midland City Line (Thameslink) in tunnel, then north-westwards and westwards, then on viaduct over the Midland City Line (Thameslink), the diverted Midland Main Line (Work <abbr title="Number">No.</abbr> 3B) and the railways (Works <abbr title="Numbers">Nos.</abbr> 1HH and 3C) and terminating by a junction with the North London Line at a point 15 metres east of the bridge carrying that railway over St Pancras Way, including the said viaduct;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn11" class="schProv1"><num>Work No. 1FF—</num><content>A railway (394 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1EE) at a point 95 metres north of the northern abutment of the existing bridge over the Regent’s Canal, passing northwards and north-eastwards under the railway (Work <abbr title="Number">No.</abbr> 1GG) and terminating by a junction with the realigned North London Incline Railway (Work <abbr title="Number">No.</abbr> 1JJ) at a point 30 metres west of the bridge carrying York Way over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn12" class="schProv1"><num>Work No. 1GG—</num><content>A railway (696 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1EE) at a point 40 metres east of the bridge carrying the North London Line over <abbr title="Saint">St.</abbr> Pancras Way, passing eastwards on viaduct over the diverted Midland Main Line (Work <abbr title="Number">No.</abbr> 3B), the railways (Works <abbr title="Numbers">Nos.</abbr> 1HH and 3C) and the Midland City Line (Thameslink), then continuing on viaduct, passing south-eastwards over the new road (Work <abbr title="Number">No.</abbr> 5EE) and the railway (Work <abbr title="Number">No.</abbr> 1FF) and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 1AA) at a point 40 metres west of the bridge carrying York Way over the North London Incline Railway, including the said viaduct;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn13" class="schProv1"><num>Work No. 1HH—</num><content>A railway (610 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1EE) at a point 55 metres north of the northern abutment of the existing bridge over the Regent’s Canal, passing northwards over the Midland City Line (Thameslink) in tunnel, then under the railways (Works <abbr title="Numbers">Nos.</abbr> 1EE, 1GG and 1JJ) and the existing bridge carrying the North London Line over the Midland Main Line and terminating by a junction with that railway at a point beneath the southern parapet of the bridge carrying Agar Grove over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn14" class="schProv1"><num>Work No. 1JJ—</num><content>A railway (955 metres in length), forming a realignment of the North London Incline Railway, commencing by a junction with the North London Line at a point 130 metres east of the bridge carrying that railway over <abbr title="Saint">St.</abbr> Pancras Way, passing eastwards then south-eastwards, then on viaduct over the diverted Midland Main Line (Work <abbr title="Number">No.</abbr> 3B), the railways (Works <abbr title="Numbers">Nos.</abbr> 1HH and 3C), the Midland City Line (Thameslink) and the new road (Work <abbr title="Number">No.</abbr> 5EE), then over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), then passing northwards under the North London Line on viaduct and terminating by a junction with the Great Northern Suburban Line at the southern portal of the western bore of the Copenhagen Tunnel, including the said viaduct and a bridge over Work <abbr title="Number">No.</abbr> 5Q;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn15" class="schProv1"><num>Work No. 1K—</num><content>A railway (103 metres in length), forming a cross-over between the diverted Midland Main Line (Work <abbr title="Number">No.</abbr> 3B) and the railway (Work <abbr title="Number">No.</abbr> 1A), commencing by a junction with Work <abbr title="Number">No.</abbr> 3B at its commencement and terminating by a junction with Work <abbr title="Number">No.</abbr> 1A at its termination;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e3971"><heading> Thameslink, <abbr title="Saint">St.</abbr> Pancras and King’s Cross</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn16" class="schProv1"><num>Work No. 2—</num><content>A railway (876 metres in length), including a station tunnel on the Midland City Line (Thameslink) beneath <abbr title="Saint">St.</abbr> Pancras Station, commencing by a junction with that railway in tunnel at a point beneath Midland Road 145 metres north-east of the existing junction of that road with Euston Road, passing in tunnel north-westwards and northwards beneath the Regent’s Canal and terminating by a junction with that railway in tunnel at a point beneath the existing Midland Main Line 55 metres north of the northern abutment of the bridge carrying that last-mentioned railway over that canal;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn17" class="schProv1"><num>Work No. 2A—</num><content>A railway (325 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 2) in tunnel at a point beneath the existing Midland Main Line 250 metres south of the southern abutment of the bridge carrying that railway over Camley Street, passing in tunnel northwards on the western side of Work <abbr title="Number">No.</abbr> 2 beneath the railways (Works <abbr title="Numbers">Nos.</abbr> 1A and 1B) and the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A) and terminating in tunnel at a point beneath the railway (Work <abbr title="Number">No.</abbr> 1D) 90 metres south of the southern abutment of the existing bridge over the Regent’s Canal;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn18" class="schProv1"><num>Work No. 2AA—</num><content>A railway (883 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 2A) at its termination, passing in tunnel north-eastwards beneath the railways (Works <abbr title="Numbers">Nos.</abbr> 1C and 2), <abbr title="Saint">St.</abbr> Pancras Basin, the Regent’s Canal and the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), then passing north-eastwards and northwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 1AA, 1BB and 1DD) to a tunnel portal at a point 40 metres south of the southern side of the viaduct carrying the North London Line over the East Coast Main Line, then continuing under the North London Line on viaduct and terminating by a junction with the Great Northern Suburban Line at the southern portal of the western bore of the Copenhagen Tunnel on that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn19" class="schProv1"><num>Work No. 2B—</num><content>A railway (255 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 2) in tunnel at the said point beneath the existing Midland Main Line 250 metres south of the southern abutment of the bridge carrying that railway over Camley Street, passing in tunnel northwards on the eastern side of Work <abbr title="Number">No.</abbr> 2 beneath the railways (Works <abbr title="Numbers">Nos.</abbr> 1A, 1B, 1C and 1D) and terminating in tunnel at a point beneath the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A) 150 metres south-east of the southern abutment of the existing bridge over the Regent’s Canal;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn20" class="schProv1"><num>Work No. 2BB—</num><content>A railway (928 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 2B) at its termination, passing in tunnel north-eastwards beneath <abbr title="Saint">St.</abbr> Pancras Basin, the Regent’s Canal and the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), then passing north-eastwards and northwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 1AA, 1BB and 1DD) to a tunnel portal at a point 35 metres south of the southern side of the viaduct carrying the North London Line over the East Coast Main Line, then continuing under the North London Line on viaduct and terminating by a junction with the Great Northern Suburban Line at the said southern portal of the western bore of the Copenhagen Tunnel on that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn21" class="schProv1"><num>Work No. 2C—</num><content>A railway (80 metres in length), forming a cross-over between the northbound and southbound rails of the Great Northern Suburban Line in tunnel within the western bore of the Copenhagen Tunnel, commencing and terminating by junctions with that railway at points respectively 50 metres and 130 metres north of the southern portal of that tunnel;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn22" class="schProv1"><num>Work No. 2D—</num><content>A railway (240 metres in length), forming cross-overs between the northbound and southbound rails of the City Widened Lines (Thameslink) partly within the Clerkenwell <abbr title="Number">No.</abbr> 3 Tunnel, commencing by a junction with that railway in tunnel beneath the junction of Frederick Street with the Kings Cross Road, passing north-westwards beneath Acton Street, Swinton Street, Wicklow Street and Britannia Street and terminating by a junction with that railway at a point 10 metres south-east of the bridge carrying Leeke Street over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn23" class="schProv1"><num>Work No. 2E—</num><content>A railway (349 metres in length), forming a cross-over between the Midland City Line (Thameslink) and the Midland Main Line at Kentish Town, commencing by a junction with that first named railway at a point 20 metres south-east of the south-eastern side of the bridge carrying Islip Street over that railway, passing south-eastwards and terminating by a junction with that last named railway at a point 85 metres north-west of the north-western portal of the Camden Road Tunnel;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e4086"><heading> Midland Main Line</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn24" class="schProv1"><num>Work No. 3—</num><content>A railway (645 metres in length), forming a diversion of the Midland Main Line at <abbr title="Saint">St.</abbr> Pancras Station, commencing at its terminus in that station, passing north-westwards on the western side of the existing railway, including a western extension of the station over Midland Road and Pancras Road, then northwards over the new road (Work <abbr title="Number">No.</abbr> 5D) and the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A) and terminating at a point on the northern side of Work <abbr title="Number">No.</abbr> 5A 140 metres south of the existing bridge over the Regent’s Canal, including bridges over Works <abbr title="Numbers">Nos.</abbr> 5A and 5D;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn25" class="schProv1"><num>Work No. 3B—</num><content>A railway (846 metres in length), forming a continuation of the diversion of the Midland Main Line at <abbr title="Saint">St.</abbr> Pancras Station, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 3) at its termination, passing northwards over the Regent’s Canal, under the railways (Works <abbr title="Numbers">Nos.</abbr> 1EE, 1GG and 1JJ) on viaduct and the existing bridge carrying the North London Line over the Midland Main Line and terminating by a junction with that railway beneath a point 30 metres north of the southern parapet of the bridge carrying Agar Grove over that railway, including a bridge over the Regent’s Canal;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn26" class="schProv1"><num>Work No. 3C—</num><content>A railway (876 metres in length), forming a siding on the western side of the diverted Midland Main Line (Works <abbr title="Numbers">Nos.</abbr> 3 and 3B) north of <abbr title="Saint">St.</abbr> Pancras Station, commencing at a point 60 metres south of the bridge carrying that railway over the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A), passing northwards over Work <abbr title="Number">No.</abbr> 5A and the Regent’s Canal, under the railways (Works <abbr title="Numbers">Nos.</abbr> 1EE, 1GG and 1JJ) on viaduct and the existing bridge carrying the North London Line over the Midland Main Line and terminating by a junction with that railway beneath a point 15 metres south of the said southern parapet of the bridge carrying Agar Grove over that railway, including bridges over Work <abbr title="Number">No.</abbr> 5A and the Regent’s Canal;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn27" class="schProv1"><num>Work No. 3D—</num><content>A railway (71 metres in length), forming a cross-over between the northbound and southbound rails of the Midland Main Line, commencing by a junction with that railway at the northern portal of the Camden Road Tunnel on that railway, passing northwards and terminating by a junction with that railway at a point 70 metres north of its commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn28" class="schProv1"><num>Work No. 3E—</num><content>A railway (829 metres in length), for construction purposes, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1HH) at a point 110 metres south-east of the southern side of the bridge carrying the North London Line over the Midland Main Line, passing south-eastwards, then eastwards and north-eastwards under the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), then passing northwards and terminating by a junction with the Great Northern Suburban Line at a point 65 metres south of the southern side of the viaduct carrying the North London Line over that railway;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e4168"><heading> London Underground: ticket halls and subways</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn29" class="schProv1"><num>Work No. 4—</num><content>Ticket halls and subways, including alteration of existing ticket halls and subways, of the London Underground Railways comprising—</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn30" class="schProv1"><num>Work No. 4A—</num><content>A passenger subway commencing on the eastern side of the intended <abbr title="Saint">St.</abbr> Pancras Station beneath a point 22 metres north of the existing junction of Clarence Passage with Pancras Road, passing south-eastwards to a ticket hall beneath the northern side of the forecourt of the Great Northern Hotel and terminating by a junction with the passenger subways (Works <abbr title="Numbers">Nos.</abbr> 4AA and 4F) beneath a point 26 metres north of the north-eastern corner of the Great Northern Hotel, including the said ticket hall;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn31" class="schProv1"><num>Work No. 4AA—</num><content>A passenger subway commencing by a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4A) at its termination and the passenger subway (Work <abbr title="Number">No.</abbr> 4F) at its commencement, passing eastwards to junctions with the passenger subway (Work <abbr title="Number">No.</abbr> 4MM) then continuing south-eastwards to a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4D), continuing eastwards and terminating by a junction with the existing passenger subway beneath a point 14 metres west of the junction of Caledonian Road with Pentonville Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn32" class="schProv1"><num>Work No. 4B—</num><content>A ticket hall in the German Gym off Pancras Road and a passenger subway commencing on the south-western side of that building at a point 40 metres west of the existing junction of Wellers Court with Cheney Road, passing south-eastwards, then south-westwards and terminating by a junction with the subway (Work <abbr title="Number">No.</abbr> 4A) beneath a point 23 metres east of the junction of Wellers Court with Pancras Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn33" class="schProv1"><num>Work No. 4C—</num><content>A passenger subway, forming a cross-passage between northbound and southbound station tunnels of the Victoria Line, commencing beneath a point 29 metres north-west of the junction of Caledonian Road with Pentonville Road; and terminating beneath a point 45 metres north-west of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn34" class="schProv1"><num>Work No. 4D—</num><content>A passenger subway, including a lift shaft, commencing by a junction with the cross-passage (Work <abbr title="Number">No.</abbr> 4C) beneath a point 35 metres north-west of the junction of Caledonian Road with Pentonville Road, passing south-westwards to a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4A) at its termination and terminating by a junction with the cross-passage (Work <abbr title="Number">No.</abbr> 4E) beneath a point 55 metres west of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn35" class="schProv1"><num>Work No. 4E—</num><content>A passenger subway, forming a cross-passage between northbound and southbound station tunnels of the Victoria Line, commencing and terminating beneath points 95 metres and 80 metres respectively south-east of the junction of Caledonia Street with York Way;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn36" class="schProv1"><num>Work No. 4F—</num><content>A passenger subway commencing by a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4A) at its termination and the passenger subway (Work <abbr title="Number">No.</abbr> 4AA) at its commencement beneath a point 26 metres north of the north-eastern corner of the Great Northern Hotel, passing south-westwards and terminating by a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4G) beneath a point in Pancras Road 40 metres south-west of the south-western corner of that building;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn37" class="schProv1"><num>Work No. 4G—</num><content>A passenger subway, including a lift shaft, commencing by a junction with the cross-passage (Work <abbr title="Number">No.</abbr> 4Q), passing eastwards to junctions with the cross-passage (Work <abbr title="Number">No.</abbr> 4R) and with the passenger subway (Work <abbr title="Number">No.</abbr> 4F) at its termination, and terminating by a junction with the existing cross-passage between northbound and southbound station tunnels of the Northern Line beneath a point 60 metres north-east of the existing junction of Pancras Road with Euston Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn38" class="schProv1"><num>Work No. 4H—</num><content>A passenger subway commencing in the ticket hall (part of Work <abbr title="Number">No.</abbr> 4A) beneath a point 48 metres north of the north-eastern corner of the Great Northern Hotel, passing south-eastwards and terminating by a junction with the existing passenger subway beneath a point 40 metres south-east of that corner of that building;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn39" class="schProv1"><num>Work No. 4J—</num><content>A passenger subway commencing in the existing ticket hall beneath the station concourse of King’s Cross Station beneath a point 40 metres north of the junction of Pancras Road with Euston Road and terminating in <abbr title="Saint">St.</abbr> Pancras Station beneath a point 60 metres north-west of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn40" class="schProv1"><num>Work No. 4K—</num><content>A ticket hall beneath the forecourt of <abbr title="Saint">St.</abbr> Pancras Station off Euston Road and a passenger subway commencing in that ticket hall beneath a point 100 metres west of the junction of Pancras Road with Euston Road, passing south-eastwards then north-eastwards and terminating by a junction with the Circle and Metropolitan Line Station concourse beneath a point 95 metres south-west of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn41" class="schProv1"><num>Work No. 4L—</num><content>A passenger subway commencing in <abbr title="Saint">St.</abbr> Pancras Station at a point 75 metres west of the junction of Pancras Road with Euston Road, passing south-eastwards beneath Euston Road and terminating in the footway on the southern side of Euston Road at a point 75 metres south-west of that road junction, including a junction with the new ticket hall (part of Work <abbr title="Number">No.</abbr> 4K) and a permanent opening in Euston Road at that termination;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn42" class="schProv1"><num>Work No. 4MM—</num><content>A passenger subway, including a lift shaft, commencing by a junction with the existing Piccadilly Line Station concourse beneath a point 56 metres north-west of the junction of York Way with Euston Road, passing northwards to junctions with the passenger subway (Work <abbr title="Number">No.</abbr> 4AA) and the cross passage (Work <abbr title="Number">No.</abbr> 4N) then continuing south-eastwards and terminating by a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4AA) beneath a point 45 metres north-east of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn43" class="schProv1"><num>Work No. 4N—</num><content>A passenger subway, forming a cross-passage between westbound and eastbound station tunnels of the Piccadilly Line, commencing beneath a point 35 metres west of the junction of Caledonia Street with York Way and terminating beneath a point 46 metres west of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn44" class="schProv1"><num>Work No. 4P—</num><content>A passenger subway, including a lift shaft, commencing in the ticket hall (part of Work <abbr title="Number">No.</abbr> 4A) beneath a point 17 metres east of the north-eastern corner of the Great Northern Hotel, passing south-eastwards, then south-westwards and south-eastwards and terminating beneath that building at a point 11 metres north-west of the south-eastern corner of that hotel;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn45" class="schProv1"><num>Work No. 4Q—</num><content>A passenger subway, forming a cross-passage between southbound and northbound station tunnels of the Northern Line, commencing beneath a point 70 metres south of the existing junction of Cheney Road with Pancras Road and terminating beneath a point 82 metres south of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn46" class="schProv1"><num>Work No. 4R—</num><content>A passenger subway, forming a cross-passage between southbound and northbound station tunnels of the Northern Line, commencing beneath a point 72 metres south of the existing junction of Cheney Road with Pancras Road and terminating beneath a point 84 metres south of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn47" class="schProv1"><num>Work No. 4S—</num><content>A passenger subway, including a lift shaft, commencing in the existing passenger subway beneath a point 33 metres north of the junction of Belgrove Street with Euston Road and terminating at the Circle and Metropolitan Line Station concourse beneath a point 20 metres north of that road junction;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e4362"><heading> Associated Works</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn48" class="schProv1"><num>Work No. 5—</num><content>Roadworks and sewer diversions associated with Works <abbr title="Numbers">Nos.</abbr> 1 to 4 comprising—</content></paragraph></hcontainer><hcontainer name="subheading" class="schGroup7" eId="d25e4374"><heading> Roadworks</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn49" class="schProv1"><num>Work No. 5A—</num><content>Realignment of Camley Street commencing at a point in that road 50 metres south of its junction with Granary Street, passing south-eastwards then eastwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 1A to 1D and 3), then south-eastwards and terminating by a junction with Camley Street (Work <abbr title="Number">No.</abbr> 5C) at a point on the western side of that road 44 metres north-west of its existing junction with Goods Way;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn50" class="schProv1"><num>Work No. 5B—</num><content>A road commencing in Pancras Road at a point 20 metres south-east of the entrance from that road to <abbr title="Saint">St.</abbr> Pancras Old Church, passing south-eastwards then southwards to a junction with Brill Place and terminating in Midland Road at its existing junction with Euston Road, including access to a service area in <abbr title="Saint">St.</abbr> Pancras Station;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn51" class="schProv1"><num>Work No. 5C—</num><content>A road commencing by a junction with Camley Street (Work <abbr title="Number">No.</abbr> 5A) at a point 45 metres north-west of its existing junction with Goods Way, passing south-eastwards to a point 5 metres east of the existing junction of Wellers Court with Cheney Road, then south-westwards to a point 55 metres south of the existing junction of Wellers Court with Pancras Road, then passing south-eastwards along the line of that road and terminating in that road at its existing junction with Euston Road, including access to a service area in <abbr title="Saint">St.</abbr> Pancras Station and a parcels depot;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn52" class="schProv1"><num>Work No. 5D—</num><content>A road commencing by a junction with Work <abbr title="Number">No.</abbr> 5B at a point 175 metres south-east of its commencement, passing north-eastwards beneath the intended <abbr title="Saint">St.</abbr> Pancras Station (Works <abbr title="Numbers">Nos.</abbr> 1A to 1D and 3), across Work <abbr title="Number">No.</abbr> 5C at a point 7 metres south of its commencement and terminating by a junction with Goods Way at a point 155 metres from the junction of that road with York Way;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn53" class="schProv1"><num>Work No. 5D(1)—</num><content>A road, for construction purposes, commencing at a point 43 metres north-west of Battle Bridge Road at its termination west of Kings Cross Station, passing northwards, then north-westwards over Goods Way (Work <abbr title="Number">No.</abbr> 5D) at the termination of that work and over the Regent’s Canal, then south-westwards and terminating by a junction with Wharf Road at a point 45 metres west of the existing bridge between Wharf Road and Goods Way, including bridges over Goods Way and the Regent’s Canal;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn54" class="schProv1"><num>Work No. 5D(2)—</num><content>Widening of Wharf Road on its northern side between a point 50 metres west of the western side of the existing bridge over the Regent’s Canal between Wharf Road and Goods Way and a point 15 metres east of the eastern side of that bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn55" class="schProv1"><num>Work No. 5EE—</num><content>A road commencing by a junction with the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q) at a point 70 metres south of the bridge carrying the North London Line over that road, passing westwards then south-westwards and southwards under the realigned North London Incline Railway (Work <abbr title="Number">No.</abbr> 1JJ) and the railway (Work <abbr title="Number">No.</abbr> 1GG) and terminating at a point 150 metres south-east of the existing bridge carrying the North London Line over the Midland Main Line;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn56" class="schProv1"><num>Work No. 5F—</num><content>A road commencing by a junction with Pancras Road (Work <abbr title="Number">No.</abbr> 5C) at a point 75 metres from its termination, passing north-eastwards, then northwards and north-westwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 5C at the south-eastern corner of the German Gym in Cheney Road as existing, including access to a parcels depot;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn57" class="schProv1"><num>Work No. 5F(1) —</num><content>A road commencing by a junction with Work <abbr title="Number">No.</abbr> 5F at a point 65 metres from the commencement of that work, passing westwards and north-westwards along the frontage of the Great Northern Hotel, then continuing northwards and north-eastwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 5F at a point 75 metres from the termination of that work;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn58" class="schProv1"><num>Work No. 5G—</num><content>Widening of Euston Road on its southern side between its junctions with Crestfield Street and Birkenhead Street;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn59" class="schProv1"><num>Work No. 5H—</num><content>Widening of Euston Road on its northern side between its junction with Euston Square and a point 45 metres north-east of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn60" class="schProv1"><num>Work No. 5Q—</num><content>A road, forming a diversion of York Way, commencing at a point in that road 80 metres north of the junction of Copenhagen Street with York Way, passing northwards then north-westwards over the railway (Work <abbr title="Number">No.</abbr> 3E) and the railways (Works <abbr title="Numbers">Nos.</abbr> 2AA and 2BB) in tunnel, then northwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 1AA, 1BB, 1CC, 1DD and 1JJ) to a junction with the new road (Work <abbr title="Number">No.</abbr> 5EE), then continuing northwards under the North London Line and terminating at a point in York Way 10 metres north-west of the junction of Vale Royal with York Way;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn61" class="schProv1"><num>Work No. 5Q(1)—</num><content>A road, forming a diversion of Randell’s Road, commencing by a junction with the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q) at a point 20 metres west of the existing junction of Randell’s Road with York Way, passing eastwards and terminating at a point in Randell’s Road 55 metres east of that existing road junction;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e4525"><heading> Sewer diversions</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn62" class="schProv1"><num>Work No. 5J—</num><content>A sewer, forming a diversion of part of the Fleet Sewer, commencing by a junction with that sewer beneath a point in Pancras Road 35 metres south-east of the junction of Chenies Place with that street, passing along the line of Work <abbr title="Number">No.</abbr> 5B to its junction with Brill Place, then passing eastwards beneath the intended <abbr title="Saint">St.</abbr> Pancras Station, then southwards on the eastern side of that station and terminating beneath a point in Pancras Road 5 metres north of the existing junction of Wellers Court with that road, including a weir chamber at its junction with the Fleet Storm Relief Sewer;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn63" class="schProv1"><num>Work No. 5K—</num><content>A sewer, forming a diversion of the Midland Road sewer, commencing by a junction with that sewer beneath a point in Midland Road 140 metres north of its existing junction with Euston Road, passing north-westwards then northwards beneath land adjoining Midland Road and terminating by a junction with Work <abbr title="Number">No.</abbr> 5J beneath a point on the north-western side of Brill Place at its existing junction with Midland Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn64" class="schProv1"><num>Work No. 5LL—</num><content>A sewer, forming a diversion of part of the Camden Sewer, commencing by a junction with that sewer beneath a point 10 metres north of the bridge carrying the North London Line over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), passing southwards, south-eastwards, then southwards and south-westwards and terminating by a junction with that sewer beneath a point 110 metres west of the Maiden Lane Bridge carrying York Way over the Regent’s Canal;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn65" class="schProv1"><num>Work No. 5N—</num><content>A sewer, forming a diversion of the Camley Street Sewer, commencing by a junction with that sewer beneath a point in that street (Work <abbr title="Number">No.</abbr> 5A) 93 metres from the termination of that work, passing southwards along the line of that work and Work <abbr title="Number">No.</abbr> 5C to a point 15 metres south of Battle Bridge Road, then passing south-eastwards and terminating by a junction with the sewer (Work <abbr title="Number">No.</abbr> 5J) at a point on the northern side of Stanley Passage 35 metres north-east of its existing junction with Pancras Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn66" class="schProv1"><num>Work No. 5P—</num><content>A sewer, forming a diversion of the Goods Way Sewer, commencing by a junction with the sewer (Work <abbr title="Number">No.</abbr> 5N) at a point 105 metres south of the commencement of that work, passing eastwards on the line of the new road (Work <abbr title="Number">No.</abbr> 5D) and terminating by a junction with the Goods Way sewer beneath a point in Goods Way 180 metres west of its junction with York Way;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn67" class="schProv1"><num>Work No. 5R—</num><content>A sewer, forming a diversion of part of the <abbr title="Saint">St.</abbr> Pancras Sewer, commencing by a junction with that sewer beneath a point 38 metres north-west of the junction of Pancras Road with Euston Road, passing northwards, then westwards, north-westwards, then north-eastwards and terminating by a junction with the Fleet Sewer beneath a point 10 metres south-west of the south-eastern gable of the Great Northern Hotel;In the London Boroughs of Islington, Hackney, Newham and Waltham Forest—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e4598"><heading> Highbury Corner to Stratford</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn68" class="schProv1"><num>Work No. 6—</num><content>A railway (7,229 metres in length) commencing by a junction with the railways (Works <abbr title="Numbers">Nos.</abbr> 1AA and 1BB) at their termination, passing eastwards in tunnel beneath the North London Line, or land adjoining on the northern or southern side thereof, beneath Highbury Corner, Highbury Grove, Wallace Road, Mildmay Park, King Henry’s Walk, Kingsland High Street, Dalston Lane, the Liverpool Street and Cambridge Railway, Mare Street, Barnabas Road, Kenworthy Road, the East Cross Route on the northern side of the North London Line, Eastway, the River Lea Navigation, Waterden Road and the River Lea, including ventilation shafts on lands off Corsica Street and Graham Road, then in retained cutting from chainage 6,147 metres for a distance of 1,067 metres, partly in tunnel beneath the railways (Works <abbr title="Numbers">Nos.</abbr> 6B and 6C) and the access roads (Works <abbr title="Numbers">Nos.</abbr> 6H and 6J), in land west of the High Meads Loop Railway, in the International Freight Terminal and the site of the former Chobham Farm Container Depot at Stratford, and terminating beneath a point on the western side of Angel Lane 60 metres north of the northern abutment of the bridge carrying that road over the Great Eastern Railway, including facilities for a railway crossover and junction at the International Freight Terminal and Depot at Stratford;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn69" class="schProv1"><num>Work No. 6A—</num><content>A railway (1,368 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 6) at the commencement of the retained cutting forming part of that work, passing eastwards between the eastbound and westbound lines of that railway to a point 210 metres west of the eastern face of the tunnel beneath the railway (Work <abbr title="Number">No.</abbr> 6C), then passing north-eastwards over the eastbound line of Work <abbr title="Number">No.</abbr> 6 and northwards in tunnel beneath the Old Yard Sidings (Work <abbr title="Number">No.</abbr> 6C) and the Lea Valley Line, then continuing north-westwards on the eastern side of that railway and terminating at a point under the bridge carrying Temple Mill Lane over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn70" class="schProv1"><num>Work No. 6B—</num><content>A railway (426 metres in length), for construction purposes, commencing by a junction with the North London Line at a point 10 metres north-west of the junction of that railway with the Channelsea Curve at Stratford Station, passing northwards, on the eastern side of the High Meads Curve, then north-eastwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 6 and 6A) in tunnel and terminating by a junction with the High Meads Sidings at a point 30 metres north-east of the termination of the said tunnel over Works <abbr title="Numbers">Nos.</abbr> 6 and 6A;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn71" class="schProv1"><num>Work No. 6C—</num><content>A railway (836 metres in length) for construction purposes, commencing by a junction with the Lea Valley Line at a point 120 metres north-east of the junction of that railway with the Great Eastern Railway at Stratford Station, passing northwards and north-eastwards through the Old Yard Sidings and terminating by a junction with the Lea Valley Line at a point 130 metres south of the bridge carrying Temple Mill Lane over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn72" class="schProv1"><num>Work No. 6D—</num><content>A railway (1,032 metres in length) commencing in the existing Traction Maintenance Depot at a point 25 metres south-west of the south-western corner of the diesel repair shed in that depot, passing north-eastwards and northwards, then north-westwards on the western side of the Lea Valley Line to a junction with that railway 60 metres south of the bridge carrying Temple Mill Lane over that railway, passing under that bridge, then continuing on the eastern side of the Lea Valley Line and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 6E) at a point 390 metres north of that bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn73" class="schProv1"><num>Work No. 6E—</num><content>A railway (2,720 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 6A) at its termination, passing north-westwards and westwards through the former Temple Mills Marshalling Yard under Ruckholt Road and terminating at a point on the northern side of the Lea Valley Line 15 metres south-east of the eastern side of the bridge carrying Lea Bridge Road over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn74" class="schProv1"><num>Work No. 6E(1)—</num><content>A railway (410 metres in length), for construction purposes, commencing by a junction with the Lea Valley Line at a point 345 metres south-east of the bridge carrying Lea Bridge Road over that railway, passing eastwards and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 6E) at chainage 1,922 metres;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn75" class="schProv1"><num>Work No. 6F—</num><content>A railway (509 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 6E) at a point 30 metres south-east of the bridge carrying Ruckholt Road over the Lea Valley Line, passing westwards under that bridge then south-westwards and terminating by a junction with that railway at a point 459 metres north-west of that bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn76" class="schProv1"><num>Work No. 6G—</num><content>A cut, forming a diversion of the Channelsea River at its confluence with the River Lea, commencing in the Channelsea River at a point 26 metres south of the former sluice on that river at Bully Fen, passing south-westwards and terminating at the confluence of those rivers;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn77" class="schProv1"><num>Work No. 6H—</num><content>An access road commencing by a junction with the access road to the International Freight Terminal on the eastern side of the Container Terminal, passing south-westwards, over Works <abbr title="Numbers">Nos.</abbr> 6 and 6A in tunnel, and southwards through the International Freight Terminal, then south-eastwards, eastwards and north-eastwards on the northern side of the North London Line, then continuing northwards, then eastwards and terminating by a junction with the access road to the Channelsea site, north of Stratford Station;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn78" class="schProv1"><num>Work No. 6J—</num><content>An access road commencing at a point in the existing Traction Maintenance Depot on the western side of the diesel repair shed in that depot, passing south-westwards, then westwards on the northern side of the retained cutting forming part of Work <abbr title="Number">No.</abbr> 6, then south-westwards over that railway and Work <abbr title="Number">No.</abbr> 6A in tunnel, then southwards and south-westwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 6H in the International Freight Terminal;In the London Boroughs of Newham, Redbridge, Barking and Dagenham and Havering—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e4722"><heading> Stratford to Barrington Road</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn79" class="schProv1"><num>Work No. 7—</num><content>A railway (4,560 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 6) at its termination, passing eastwards in tunnel beneath Angel Lane, The Grove, Atherton Road, Woodgrange Road, Romford Road, Woodgrange Park Cemetery and Browning Road, including a ventilation shaft on land off Woodgrange Road and terminating beneath a point 60 metres east of the junction of Reesland Close with Barrington Road;</content></paragraph></hcontainer><hcontainer name="subheading" class="schGroup7" eId="d25e4734"><heading> Barrington Road to Dagenham Dock</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn80" class="schProv1"><num>Work No. 22—</num><content>A railway (6,700 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 7) at its termination, passing eastwards in tunnel beneath the North Circular Road and the River Roding, then south-eastwards beneath Barking Station, Station Parade, Ripple Road and Alfred’s Way, then eastwards beneath Renwick Road and the Ripple Lane Freightliner Terminal to a portal at a point 462 metres south-east of the junction of Morrison Road with Julia Gardens, then continuing eastwards under the railway (Work <abbr title="Number">No.</abbr> 22A) and the new road (Work <abbr title="Number">No.</abbr> 22H(1)), across Chequers Lane (to be stopped up) and under Kent Avenue and terminating at a point 85 metres east of the bridge carrying Kent Avenue over the Tilbury Loop Railway, including ventilation shafts on lands off Barrington Road and Alfred’s Way and a footbridge over the railway at Chequers Lane;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn81" class="schProv1"><num>Work No. 22A—</num><content>A railway (2,201 metres in length), forming a diversion of the Tilbury Loop Railway westbound line, commencing by a junction with that railway at a point 253 metres east of the junction of Stebbing Way with Wivenhoe Road, passing eastwards under Renwick Road, then south-eastwards and eastwards over the railway in tunnel (Work <abbr title="Number">No.</abbr> 22), under the new road (Work <abbr title="Number">No.</abbr> 22H(1)) and terminating by a junction with the Tilbury Loop Railway westbound line at a point 2 metres west of the western end of Dagenham Dock Station platforms;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn82" class="schProv1"><num>Work No. 22B—</num><content>A railway (2,252 metres in length), forming holding sidings, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 22A) at a point 15 metres west of the bridge carrying Renwick Road over the Tilbury Loop Railway, passing south-eastwards and eastwards, under the new road (Work <abbr title="Number">No.</abbr> 22H(1)) and across Chequers Lane and terminating at a point 120 metres south-east of the eastern end of Dagenham Dock Station platforms, including a footbridge over the railway at Chequers Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn83" class="schProv1"><num>Work No. 22C—</num><content>A railway (1,523 metres in length), for construction purposes, commencing by a junction with the Tilbury Loop Railway at a point 166 metres south-east of the bridge carrying Renwick Road over that railway, passing south-eastwards and eastwards, and terminating at a point 38 metres south-west of the point where the new road (Work <abbr title="Number">No.</abbr> 22H(1)) passes over the railway (Work <abbr title="Number">No.</abbr> 22B), including railway sidings;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn84" class="schProv1"><num>Work No. 22D—</num><content>A railway (280 metres in length) forming a connection between the Tilbury Loop Railway goods line and the railway (Work <abbr title="Number">No.</abbr> 22A), commencing by a junction with the said goods line at a point 468 metres south-east of the bridge carrying Renwick Road over that goods line, passing south-eastwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 22A at a point 742 metres south-east of the said bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn85" class="schProv1"><num>Work No. 22E—</num><content>A railway (1,095 metres in length) forming a connecting line between the railway (Work <abbr title="Number">No.</abbr> 22A) and the railway (Work <abbr title="Number">No.</abbr> 8E), commencing by a junction with Work <abbr title="Number">No.</abbr> 22A at a point 342 metres south of the junction of Morrison Road with Julia Gardens, passing eastwards under the new road (Work <abbr title="Number">No.</abbr> 22H(1)) and across Chequers Lane and terminating by a junction with Work <abbr title="Number">No.</abbr> 8E at a point 180 metres south-east of the eastern end of Dagenham Dock Station platforms, including a footbridge over the railway at Chequers Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn86" class="schProv1"><num>Work No. 22F—</num><content>A railway (648 metres in length) forming a connecting line between the railway (Work <abbr title="Number">No.</abbr> 22A) and the railway (Work <abbr title="Number">No.</abbr> 22), commencing by a junction with Work <abbr title="Number">No.</abbr> 22A at a point 378 metres south-east of the junction of Morrison Road with Julia Gardens, passing eastwards under the new road (Work <abbr title="Number">No.</abbr> 22H(1)) and terminating by a junction with Work <abbr title="Number">No.</abbr> 22 at a point 150 metres west of the eastern end of Dagenham Dock Station platforms;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn87" class="schProv1"><num>Work No. 22G—</num><content>A railway (715 metres in length), for construction purposes, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 22B) at a point 27 metres west of the point where the new road (Work <abbr title="Number">No.</abbr> 22H(1)) passes over Work <abbr title="Number">No.</abbr> 22B, passing eastwards then southwards, and terminating at a point 270 metres south-east of the eastern end of Dagenham Dock Station platforms, including railway sidings;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn88" class="schProv1"><num>Work No. 22J—</num><content>A jetty commencing on the northern bank of the River Thames at a point 190 metres north-west of The Gores outfall sluice, extending in a south-westerly direction into the said river for a distance of 230 metres and there terminating, including a jetty head with mooring dolphins and berthing facilities;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e4864"><heading> Dagenham Dock to Wennington</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn89" class="schProv1"><num>Work No. 8—</num><content>A railway (5,200 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 22) at its termination, passing eastwards under Thames Avenue (Work <abbr title="Number">No.</abbr> 8R), over the Beam River, and under the intended A13 link road (under construction), then continuing south-eastwards on viaduct over the new road (Work <abbr title="Number">No.</abbr> 8S) and Rainham Creek, and terminating beneath the intended A13 (under construction) at a point 20 metres south-west of the Tilbury Loop Railway;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn90" class="schProv1"><num>Work No. 8E—</num><content>A railway (906 metres in length), forming a connection between the railway (Work <abbr title="Number">No.</abbr> 22E) and the westbound line of the railway (Work <abbr title="Number">No.</abbr> 8), commencing by a junction with Work <abbr title="Number">No.</abbr> 22E at its termination, passing south-eastwards under Kent Avenue (Work <abbr title="Number">No.</abbr> 8Q) and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 8) at a point 30 metres west of the intended Thames Avenue bridge (Work <abbr title="Number">No.</abbr> 8R);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn91" class="schProv1"><num>Work No. 8G—</num><content>A railway (1,330 metres in length), forming a connection between the Tilbury Loop Railway and the eastbound line of the railway (Work <abbr title="Number">No.</abbr> 8), commencing by a junction with the Tilbury Loop Railway 10 metres east of the eastern end of Dagenham Dock Station, passing eastwards on the southern side of that line under Kent Avenue (Work <abbr title="Number">No.</abbr> 8Q) and Thames Avenue (Work <abbr title="Number">No.</abbr> 8R), over the Beam River and terminating by a junction with Work <abbr title="Number">No.</abbr> 8 at a point 215 metres east of the intended Thames Avenue bridge (Work <abbr title="Number">No.</abbr> 8R), including a bridge over the Beam River;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn92" class="schProv1"><num>Work No. 8H—</num><content>A railway (279 metres in length), connecting the goods line (Work <abbr title="Number">No.</abbr> 22B) with a private siding west of Kent Avenue, commencing by a junction with Work <abbr title="Number">No.</abbr> 22B at its termination, passing south-eastwards and southwards, under the intended A13 and terminating by a junction with the said siding at a point 55 metres south of the footpath crossing that siding east of Breach Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn93" class="schProv1"><num>Work No. 8J—</num><content>A railway (1,452 metres in length), connecting the goods line (Work <abbr title="Number">No.</abbr> 22B) with private sidings east of Kent Avenue, commencing by a junction with Work <abbr title="Number">No.</abbr> 22B at its termination, passing eastwards under Kent Avenue (Work <abbr title="Number">No.</abbr> 8Q) and Thames Avenue (Work <abbr title="Number">No.</abbr> 8R), over the Beam River and terminating at a point 33 metres west of the bridge carrying the intended A13 link road (under construction) over the Tilbury Loop Railway and the railway (Work <abbr title="Number">No.</abbr> 8), including a bridge over the Beam River and railway sidings;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn94" class="schProv1"><num>Work No. 8K—</num><content>A railway (496 metres in length) commencing by a junction with a private siding on the eastern side of Kent Avenue at a point 10 metres south of the southern end of the viaduct carrying that road and railway across Dagenham Breach, passing northwards on that existing viaduct, under the intended A13, then eastwards and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 8J) at a point 300 metres east of the intended Kent Avenue bridge (Work <abbr title="Number">No.</abbr> 8Q);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn95" class="schProv1"><num>Work No. 8L—</num><content>A railway (301 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 8J) at a point 245 metres west of the intended Thames Avenue bridge (Work <abbr title="Number">No.</abbr> 8R), passing eastwards then southwards and terminating by a junction with a private siding at a point 30 metres north of Lake Road on the western side of Thames Avenue;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn96" class="schProv1"><num>Work No. 22H(1)—</num><content>A road commencing by a junction with Ripple Road at a point on its southern side 23 metres east of the junction of Pooles Lane with that road, passing southwards on the eastern side of Pooles Lane, then south-eastwards and southwards on the line of Choats Manor Way, over a private siding, the diverted Tilbury Loop Railway (Work <abbr title="Number">No.</abbr> 22A) and the railways (Works <abbr title="Numbers">Nos.</abbr> 22, 22B, 22E, 22F and 22G), and terminating at a point 100 metres south-west of the junction of Choats Road with Hindmans Way, including a bridge over the said railways;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn97" class="schProv1"><num>Work No. 22H(2)—</num><content>A road commencing at a point 25 metres west of Pooles Lane at the southern end of that road, passing eastwards and north-eastwards and terminating by a junction with the new road ( Work <abbr title="Number">No.</abbr> 22H(1)) at a point 240 metres from its commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn98" class="schProv1"><num>Work No. 8P(3)—</num><content>A road commencing by a junction with Choats Road at a point 240 metres west of its junction with Hindmans Way, passing eastwards along the line of Choats Road and Hindmans Way to a point 80 metres west of the junction of Hindmans Way with Chequers Lane, then turning southwards and terminating by a junction with Chequers Lane at a point 120 metres south of that last-mentioned road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn99" class="schProv1"><num>Work No. 8P(4)—</num><content>A road commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 8P(3)) at a point 100 metres from its termination, passing north-eastwards and terminating by a junction with Chequers Lane at a point 60 metres north of its junction with Hindmans Way;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn100" class="schProv1"><num>Work No. 8Q—</num><content>Realignment of Kent Avenue, including a bridge over a private siding, the Tilbury Loop Railway and the railways (Works <abbr title="Numbers">Nos.</abbr> 8, 8E, 8G and 8J), commencing in that road at a point 205 metres south of its junction with New Road, Hornchurch, passing southwards over the said railways and terminating in Kent Avenue at a point 10 metres north of the northern end of the viaduct carrying that road over Dagenham Breach;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn101" class="schProv1"><num>Work No. 8R—</num><content>Realignment of Thames Avenue, including a bridge over the Tilbury Loop Railway, the railways (Works <abbr title="Numbers">Nos.</abbr> 8, 8G and 8J) and private sidings, commencing in that road at a point 25 metres south of its junction with New Road, Hornchurch, passing southwards over those railways and terminating in Thames Avenue at the junction of Lake Road with that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn102" class="schProv1"><num>Work No. 8S—</num><content>A road commencing by a junction with Bridge Road at the roundabout on that road 200 metres south of its junction with New Road, Hornchurch, passing westwards over Rainham Creek, then south-westwards under the Tilbury Loop Railway and the railway (Work <abbr title="Number">No.</abbr> 8), then passing southwards over Rainham Creek at a point 140 metres downstream from the bridge carrying the Tilbury Loop Railway over that river, then south-eastwards and terminating by a junction with Ferry Lane at the southernmost junction of Lamson Road with that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn103" class="schProv1"><num>Work No. 8T—</num><content>A road, forming an access to the Riverside Sewage Treatment works at Rainham off the new road (Work <abbr title="Number">No.</abbr> 8S), commencing in the said Treatment Works at Creekside Cottages, passing south-eastwards and eastwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 8S at a point 70 metres south-west of the intended viaduct carrying the railway (Work <abbr title="Number">No.</abbr> 8) over that new road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn104" class="schProv1"><num>Work No. 8U(4)—</num><content>A cut, forming a diversion of the Ship and Shovel Relief Channel, commencing by a junction with that watercourse at a point 148 metres from its confluence with The Gores, passing eastwards, then south-eastwards and terminating in The Gores at that confluence;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn105" class="schProv1"><num>Work No. 8U(13)—</num><content>A cut, forming a diversion of The Gores, commencing at the confluence of the Ship and Shovel Relief Channel (Work <abbr title="Number">No.</abbr> 8U(4)) with that stream, passing eastwards then northwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 22, 22A, 22B, 22E, 22F and 22G), and terminating by a junction with The Gores at a point 70 metres east of the northern end of its existing culvert under the Tilbury Loop Railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn106" class="schProv1"><num>Work No. 8U(6)—</num><content>A cut, forming a diversion of Pooles Sewer, commencing by a junction with that watercourse 85 metres south of the southern side of the existing Manor Way level crossing on the Tilbury Loop Railway, passing eastwards and south-eastwards, then northwards under the railway (Work <abbr title="Number">No.</abbr> 8) and terminating by a junction with that watercourse at the southern end of its culvert under the Tilbury Loop Railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn107" class="schProv1"><num>Work No. 8U(7)—</num><content>A cut, forming a diversion of the Ferry Lane Sewer, commencing by a junction with that watercourse at the northern end of its culvert under the Tilbury Loop Railway west of Rainham Station, passing southwards under that railway and the railway (Work <abbr title="Number">No.</abbr> 8), then eastwards and southwards and terminating in that watercourse on the western side of Ferry Lane at a point 48 metres south of the existing Ferry Lane level crossing on the Tilbury Loop Railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn108" class="schProv1"><num>Work No. 8U(8)—</num><content>A cut, forming a diversion of the Rainham Cross Sewer, commencing at a point on the southern side of the Tilbury Loop Railway 375 metres east of the eastern end of Rainham Station, passing eastwards for a distance of 95 metres and there terminating by a junction with that watercourse;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn109" class="schProv1"><num>Work No. 8U(9)—</num><content>A cut, forming an improvement of the Rainham Main Sewer, commencing in that watercourse at a point 15 metres north of the northern end of its existing culvert under the Tilbury Loop Railway, passing under that railway and the railway (Work <abbr title="Number">No.</abbr> 8) and terminating in that watercourse at a point 52 metres south of the southern end of that existing culvert;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn110" class="schProv1"><num>Work No. 8U(10)—</num><content>A cut, forming a diversion of the Wennington Main Sewer, commencing by a junction with the cut (Work <abbr title="Number">No.</abbr> 8U(9)) at a point 10 metres north of its termination, passing south-eastwards on the southern side of the existing watercourse and terminating by a junction with that watercourse at a point 100 metres south of the southern end of a branch of that watercourse south of Manstead Gardens;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn111" class="schProv1"><num>Work No. 8U(11)—</num><content>A cut, forming an improvement of the Common Watercourse (Southall Sewers), commencing in that watercourse at a point 10 metres north-east of the northern end of its existing culvert under the Tilbury Loop Railway, passing south-westwards under that railway and the railway (Work <abbr title="Number">No.</abbr> 8) and terminating in that watercourse at a point 47 metres south-west of the southern end of that existing culvert;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn112" class="schProv1"><num>Work No. 8U(12)—</num><content>A cut, forming a diversion of Wennington Branch Sewer, commencing in that watercourse at a point 10 metres north-east of the northern end of its existing culvert under the Tilbury Loop Railway, passing under that railway and the railway (Work <abbr title="Number">No.</abbr> 8) and terminating in that watercourse at a point 40 metres south-west of the southern end of that existing culvert;In the London Borough of Havering and in the borough of Thurrock, in the county of Essex—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e5146"><heading> Wennington to Purfleet</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn113" class="schProv1"><num>Work No. 23—</num><content>A railway (3,835 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 8) at its termination, passing south-eastwards on the southern side of the realigned Tilbury Loop Railway (Work <abbr title="Number">No.</abbr> 23A) then on viaduct over that railway, then over the diverted Aveley Sewer (Work <abbr title="Number">No.</abbr> 23D) and under the new road (Work <abbr title="Number">No.</abbr> 23B(1)), then continuing over Mar Dyke and under the new road (Work <abbr title="Number">No.</abbr> 23C(2)), passing on the southern side of the Purfleet Bypass and terminating at a point 250 metres east of the junction of London Road, Purfleet with the Purfleet Bypass, including the said viaduct and a bridge over Mar Dyke;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn114" class="schProv1"><num>Work No. 23A—</num><content>A railway (1,185 metres in length), being a realignment of the Tilbury Loop Railway, commencing by a junction with that railway at a point 230 metres south-east of the Wennington Branch Sewer where that sewer passes in culvert under that railway, passing south-eastwards in tunnel under the railway (Work <abbr title="Number">No.</abbr> 23) and terminating by a junction with the Tilbury Loop Railway at a point 240 metres south-west of the point where Tank Hill Road is crossed on the level by the Tilbury Loop Railway;In the borough of Thurrock, in the county of Essex—</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn115" class="schProv1"><num>Work No. 23B(1)—</num><content>A road, forming a diversion of Tank Hill Road (A1090), commencing by a junction with Arterial Road, Purfleet (A13) at a point 165 metres north of its junction with Tank Hill Road, passing south-westwards then southwards over the diverted Aveley Sewer (Work <abbr title="Number">No.</abbr> 23D), the railway (Work <abbr title="Number">No.</abbr> 23), the Tilbury Loop Railway and Mar Dyke and terminating in that road at a point 15 metres north of the junction of Marlow Avenue with Tank Hill Road, including bridges over Works <abbr title="Numbers">Nos.</abbr> 23 and 23D, the Tilbury Loop Railway and Mar Dyke;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn116" class="schProv1"><num>Work No. 23B(2)—</num><content>A road, forming an access road into the Purfleet Industrial Estate, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 23B(1)) at a point 130 metres west of the junction of Tank Hill Road with Arterial Road, Purfleet (A13), passing westwards then northwards and terminating at a point in the said estate 155 metres north-west of its commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn117" class="schProv1"><num>Work No. 23B(3)—</num><content>A road, forming an access road, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 23B(1)) at a point 110 metres south-west of the point where Tank Hill Road is crossed on the level by the Tilbury Loop Railway, passing eastwards and terminating at a point 105 metres south of that level crossing;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn118" class="schProv1"><num>Work No. 23C—</num><content>Diversion of Arterial Road, Purfleet, and Purfleet Bypass and diversion of Tank Lane and Botany Way, comprising—</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn119" class="schProv1"><num>Work No. 23C(1)—</num><content>Diversion of the A13 (Arterial Road, Purfleet) commencing in that road at a point 360 metres west of its existing junction with Purfleet Bypass, passing eastwards by way of the northern junction roundabout forming part of Work <abbr title="Number">No.</abbr> 23C(2), and terminating in the A13 at a point 235 metres east of the said existing road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn120" class="schProv1"><num>Work No. 23C(2)—</num><content>A road, including junction roundabouts at its commencement and termination, commencing by a junction with the diverted Arterial Road, Purfleet (Work <abbr title="Number">No.</abbr> 23C(1)) at a point 48 metres north-east of the existing junction of Arterial Road with Purfleet Bypass, passing south-westwards over the railway (Work <abbr title="Number">No.</abbr> 23) and terminating by a junction with the diverted Tank Lane (Works <abbr title="Numbers">Nos.</abbr> 23C(4) and 23C(5)) at a point 150 metres west of the existing junction of Tank Lane with Botany Way, including a bridge over Work <abbr title="Number">No.</abbr> 23;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn121" class="schProv1"><num>Work No. 23C(3)—</num><content>Diversion of Purfleet Bypass at its junction with the A13 commencing by a junction with that road at the northern junction roundabout forming part of Work <abbr title="Number">No.</abbr> 23C(2), passing southwards and south-eastwards and terminating in Purfleet Bypass at a point 160 metres north-west of its junction with North Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn122" class="schProv1"><num>Work No. 23C(4)—</num><content>Diversion of Tank Lane commencing at a point 165 metres north of the bridge carrying Tank Lane over the Tilbury Loop Railway, passing southwards then eastwards along the northern side of Tank Lane, then south-eastwards along the line of that road and terminating at the southern junction roundabout forming part of Work <abbr title="Number">No.</abbr> 23C(2), at a point 150 metres west of the existing junction of Tank Lane with Botany Way;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn123" class="schProv1"><num>Work No. 23C(5)—</num><content>Diversion of Tank Lane and Botany Way, commencing at the southern junction roundabout forming part of Work <abbr title="Number">No.</abbr> 23C(2) at a point 150 metres north-west of its existing junction with Botany Way, passing eastwards then southwards on the line of Botany Way and terminating by a junction with that road at a point 115 metres south-west of its existing junction with Purfleet Bypass;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn124" class="schProv1"><num>Work No. 23D—</num><content>A cut, forming a diversion of the Aveley Sewer, commencing in that watercourse at a point 25 metres south-west of the southern end of its existing culvert under the Tilbury Loop Railway, passing in a north-easterly direction under the railways (Works <abbr title="Numbers">Nos.</abbr> 23 and 23A) and the new road (Work <abbr title="Number">No.</abbr> 23B(1)), then passing northwards and terminating at a point in a new balancing pond 95 metres north-west of the junction of Tank Hill Road with Arterial Road, Purfleet;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e5288"><heading> Purfleet to West Thurrock</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn125" class="schProv1"><num>Work No. 9—</num><content>A railway (1,537 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 23) at its termination, passing south-eastwards on viaduct over the A1090 (London Road, Purfleet), the Tilbury Loop Railway and the northbound Dartford Tunnel Approach Road (Canterbury Way), under a span of the southbound approach to the Queen Elizabeth <abbr class="acronym" title="2">II</abbr> Bridge, and over Oliver Close (North) (Work <abbr title="Number">No.</abbr> 9B) in the West Thurrock Industrial Estate to a point 90 metres west of the existing southernmost junction of Oliver Close with Oliver Road, then under Oliver Road (Work <abbr title="Number">No.</abbr> 9C) and terminating at a point 160 metres south-east of that existing road junction, including the said viaducts and a bridge over Work <abbr title="Number">No.</abbr> 9A(1);</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn126" class="schProv1"><num>Work No. 9B—</num><content>Diversion of Oliver Close (North) commencing in that road at a point 25 metres south of the westernmost corner of that road, passing northwards for a distance of 60 metres from that commencement under the railway (Work <abbr title="Number">No.</abbr> 9), then turning eastwards and terminating by a junction with Oliver Close (North) at a point 160 metres west of its junction with Oliver Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn127" class="schProv1"><num>Work No. 9C—</num><content>Diversion of Oliver Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 9), commencing in that road at the existing junction of that road with Oliver Close (North), passing southwards over Work <abbr title="Number">No.</abbr> 9 on the eastern side of the existing road, and terminating by a junction with Oliver Road at a point 130 metres south of its existing junction with Burnley Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn128" class="schProv1"><num>Work No. 9D—</num><content>Realignment of Burnley Road and Watson Close commencing by a junction with Oliver Road (Work <abbr title="Number">No.</abbr> 9C) at the existing road junction, passing eastwards along the line of, and then to the south of, Burnley Road, then turning northwards and terminating in Watson Close at a point 60 metres north of its existing junction with Burnley Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn129" class="schProv1"><num>Work No. 9F(1)—</num><content>A railway (835 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 9F(2)) at a point 275 metres from its commencement, passing westwards, south-westwards, southwards and south-eastwards and terminating at a point on the western side of Watson Close (Work <abbr title="Number">No.</abbr> 9D) at a point 45 metres north of the existing junction of that road with Burnley Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn130" class="schProv1"><num>Work No. 9F(2)—</num><content>A deviation railway (849 metres in length), commencing by a junction with the Tilbury Loop Railway at a point 325 metres east of the bridge carrying the southbound approach to the Queen Elizabeth <abbr class="acronym" title="2">II</abbr> Bridge over that railway, passing eastwards on the southern side of that railway and terminating at the eastern end of the existing sidings;In the borough of Thurrock, in the county of Essex, and in the borough of Dartford, parishes of Swanscombe and Greenhithe, Southfleet and Longfield and New Barn, in the borough of Gravesham, town of Gravesend, and in the district of Sevenoaks, parish of Horton Kirby and South Darenth, in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e5367"><heading> West Thurrock and Ebbsfleet to Singlewell</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn131" class="schProv1"><num>Work No. 10—</num><content>A railway (9,161 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 9) at its termination, passing south-eastwards to a point 249 metres from that commencement, then passing in tunnel beneath Burnley Road and Watson Close (Work <abbr title="Number">No.</abbr> 9D), then beneath the River Thames and Bell Wharf, Swanscombe, with shafts at Burnley Road, West Thurrock Power Station, Bell Wharf and Swanscombe Marsh, continuing in tunnel south-eastwards to a point 120 metres north-west of the existing junction of Green Manor Way with Lower Road, then passing south-eastwards and southwards, under Galley Hill Road (Work <abbr title="Number">No.</abbr> 10K), then in tunnel for a distance of 58 metres beneath the North Kent Railway, continuing under the railway (Work <abbr title="Number">No.</abbr> 10C) and the new road (Work <abbr title="Number">No.</abbr> 10S(1)), then on viaduct over the River Ebbsfleet, then in tunnel for a distance of 310 metres beneath the course of the former Gravesend West Branch Railway and the A2 (Watling Street) at a point 50 metres west of the southern abutment of the bridge carrying the B262 (Hall Road) over that road, then passing in tunnel for distances of 35 metres and 25 metres respectively beneath the B262 and the slip road to that road and Station Road on the southern side of the A2, then continuing south-eastwards on the southern side of the A2, then in tunnel for a distance of 80 metres beneath the railway (Work <abbr title="Number">No.</abbr> 11A) and on viaduct over the A227 (Wrotham Road) and terminating at a point 180 metres east of that road 340 metres south of the southern side of the bridge carrying the A2 over that road, including the said viaducts over the River Ebbsfleet and Wrotham Road;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn132" class="schProv1"><num>Work No. 10A—</num><content>A railway (1,732 metres in length), partly for construction purposes, commencing at the seaward end of the existing Swanscombe Jetty, passing south-eastwards from that jetty and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 10B) at a point 40 metres south-east of the intended bridge (Work <abbr title="Number">No.</abbr> 10K) carrying Galley Hill Road over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn133" class="schProv1"><num>Work No. 10B—</num><content>A railway (2,281 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10) at a point 113 metres north-west of the intended bridge (Work <abbr title="Number">No.</abbr> 10K) carrying Galley Hill Road over that railway, passing south-eastwards on the eastern side of that railway under that road, and in tunnel for a distance of 71 metres beneath the North Kent Railway, then passing eastwards over a private road between the Northfleet Cement Works and Springhead Road, then in tunnel for a distance of 60 metres beneath the North Kent Railway at a point 30 metres south-east of the eastern abutment of the bridge carrying that railway over the mineral railway at the entrance to Church Path Pit, then south-eastwards on the northern side of the North Kent Railway, under Springhead Road (Work <abbr title="Number">No.</abbr> 10N) and terminating by a junction with that railway at a point 110 metres east of the intended bridge forming part of Work <abbr title="Number">No.</abbr> 10N, including a bridge over the said private road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn134" class="schProv1"><num>Work No. 10C—</num><content>A railway (2,324 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10) at a point 140 metres north-west of the intended bridge (Work <abbr title="Number">No.</abbr> 10K) carrying Galley Hill Road over that railway, passing south-eastwards on the western side of that railway under that road and in tunnel for a distance of 54 metres beneath the North Kent Railway, then eastwards, over the railways (Works <abbr title="Numbers">Nos.</abbr> 10, 10D and 10E) and over the said private road between the Northfleet Cement Works and Springhead Road, then south-eastwards on viaduct across the northern bay of the Blue Lake south of the North Kent Railway and under Springhead Road (Work <abbr title="Number">No.</abbr> 10N) and terminating by a junction with that railway at a point 95 metres east of the intended bridge forming part of Work <abbr title="Number">No.</abbr> 10N, including the said viaduct and bridges over Works <abbr title="Numbers">Nos.</abbr> 10, 10D and 10E and the said private road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn135" class="schProv1"><num>Work No. 10D—</num><content>A railway (1,523 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10B) at a point 45 metres north-west of the northern portal of the intended tunnel by which that railway passes beneath the North Kent Railway, passing south-eastwards on the western side of Work <abbr title="Number">No.</abbr> 10B beneath the North Kent Railway in that tunnel, then continuing southwards on the eastern side of the railway (Work <abbr title="Number">No.</abbr> 10), under the railway (Work <abbr title="Number">No.</abbr> 10C) and the new road (Work <abbr title="Number">No.</abbr> 10S(1)) and terminating by a junction with Work <abbr title="Number">No.</abbr> 10 at a point 10 metres south of the commencement of the intended viaduct carrying that railway over the River Ebbsfleet;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn136" class="schProv1"><num>Work No. 10E—</num><content>A railway (1,445 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10C) 7 metres north-west of the southern portal of the intended tunnel by which that railway passes beneath the North Kent Railway, passing south-eastwards on the eastern side of Work <abbr title="Number">No.</abbr> 10C, then under that railway and continuing on the western side of the railway (Work <abbr title="Number">No.</abbr> 10), under the new road (Work <abbr title="Number">No.</abbr> 10S(1)) and terminating by a junction with Work <abbr title="Number">No.</abbr> 10 at a point 5 metres north of the commencement of the said intended viaduct carrying that railway over the River Ebbsfleet;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn137" class="schProv1"><num>Work No. 10F—</num><content>A railway (532 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10B) at a point 140 metres west of the bridge carrying the North Kent Railway over the mineral railway at the entrance to the Church Path Pit, passing eastwards under that bridge and terminating in that pit at a point 378 metres east of that railway bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn138" class="schProv1"><num>Work No. 10F(1)—</num><content>A railway (200 metres in length) commencing by a junction with the North Kent Railway at a point 230 metres north-west of the western end of the westbound platform of Northfleet Station passing eastwards and terminating by a junction with the sidings of the mineral railway on the southern side of the North Kent Railway at the western end of those sidings;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn139" class="schProv1"><num>Work No. 10G—</num><content>Improvement of Manor Way (West) commencing at the junction of that road with the A226 (London Road), passing north-eastwards and eastwards along the line of Manor Way (West) and terminating at a point 20 metres east of the junction of that road with Pilgrims Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn140" class="schProv1"><num>Work No. 10H—</num><content>A road commencing by a junction with Manor Way (West) (Work <abbr title="Number">No.</abbr> 10G) at the termination of that work, passing eastwards, then south-eastwards and terminating at the existing roundabout at the west end of the central access road in the Northfleet Industrial Estate;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn141" class="schProv1"><num>Work No. 10J—</num><content>A road, forming a diversion of Lower Road and Green Manor Way, commencing by a junction with Manor Way (West) (Work <abbr title="Number">No.</abbr> 10G) at its termination, passing northwards on the line of the footpath DS2 to a point 280 metres north of its existing junction with Lower Road, then turning eastwards and south-eastwards on the eastern side of the railway (Work <abbr title="Number">No.</abbr> 10) to a point on the northern side of Lower Road 330 metres east of its existing junction with Green Manor Way, then passing north-eastwards and eastwards on the line of Lower Road and terminating by a junction with Lower Road at a point 60 metres north of its junction with Stonebridge Road and Galley Hill Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn142" class="schProv1"><num>Work No. 10J(1)—</num><content>A road commencing by a junction with Green Manor Way at a point 310 metres north of its existing junction with Lower Road, passing southwards then south-westwards and terminating by a junction with the new road (Work <abbr title="Number">No.</abbr> 10J) at a point 85 metres from that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn143" class="schProv1"><num>Work No. 10J(2)—</num><content>A road commencing by a junction with Manor Way (East) at a point 110 metres north of its existing junction with Lower Road, passing southwards and terminating by a junction with the new road (Work <abbr title="Number">No.</abbr> 10J) at a point 105 metres from that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn144" class="schProv1"><num>Work No. 10K—</num><content>Realignment of Galley Hill Road, including a bridge over the railways (Works <abbr title="Numbers">Nos.</abbr> 10, 10A, 10B and 10C), commencing in that road at a point 270 metres east of its junction with London Road, Swanscombe, and terminating in Galley Hill Road at a point 310 metres west of its junction with Stonebridge Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn145" class="schProv1"><num>Work No. 10N—</num><content>Realignment of Springhead Road, including a bridge over the railways (Works <abbr title="Numbers">Nos.</abbr> 10B and 10C) and the North Kent Railway, commencing in that road at a point 40 metres north of the northern abutment of the existing bridge carrying that road over the North Kent Railway and terminating in that road at a point 110 metres south of the southern abutment of that existing bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn146" class="schProv1"><num>Work No. 10P—</num><content>Diversion of Downs Road commencing in that road at a point 310 metres south-east of its junction with the Hog Lane subway under the A2 (Watling Street), passing south-eastwards and eastwards then southwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 10, 11A and 11B) and terminating in Downs Road at a point 330 metres south of the existing junction with that road of the road to Northfleet Green, including bridges over Works <abbr title="Numbers">Nos.</abbr> 10, 11A and 11B;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn147" class="schProv1"><num>Work No. 10Q—</num><content>Diversion of the road from Downs Road to Northfleet Green commencing in that road at a point 20 metres east of the access from that road to Hazells, passing south-eastwards and terminating by a junction with Downs Road (Work <abbr title="Number">No.</abbr> 10P) at a point 210 metres north of the termination of that work;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn148" class="schProv1"><num>Work No. 10R—</num><content>A road, for construction purposes, including a bridge over the A2, commencing in the course of the former Gravesend West Branch Railway at a point 35 metres north-east of the northern side of that road, passing south-westwards over that road and terminating in the disused railway at a point 50 metres south-west of the southern side of that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn149" class="schProv1"><num>Work No. 10R(1)—</num><content>A cut, forming a diversion of the Swanscombe Main Drain south of the sewage disposal works on Swanscombe Marshes, commencing in that drain at a point 60 metres north of the junction of Pilgrims Road with Manor Way (West), passing northwards, then in culvert north-westwards under the new road (Work <abbr title="Number">No.</abbr> 10J), then northwards and terminating in that drain at the south-western corner of the said sewage works;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn150" class="schProv1"><num>Work No. 10R(2)—</num><content>A drainage pumping main commencing at a point 300 metres south-west of the western end of the platform of Northfleet Station, passing north-eastwards, under the railway (Work <abbr title="Number">No.</abbr> 10F(1)) and the North Kent Railway, then continuing north-eastwards and eastwards in Stonebridge Road and Grove Road between its junctions with Stonebridge Road and College Road, then eastwards in the Creek to a point 40 metres east of the junction of that road with College Road, then passing north-eastwards and terminating at a point at low water on the south bank of the River Thames 15 metres east of Robins Creek;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn151" class="schProv1"><num>Work No. 10S(1)—</num><content>A road commencing by a junction with the access road between the Northfleet Cement Works and Springhead Road at a point 75 metres south of the southern end of the bridge carrying that road over the River Ebbsfleet, passing southwards over that river, over the railways (Works <abbr title="Numbers">Nos.</abbr> 10, 10D and 10E), then south-westwards and terminating by a junction with the new road (Work <abbr title="Number">No.</abbr> 10S(2)) at a point 140 metres north of the junction with the existing Southfleet Road of the access road to the Northfleet West Grid Substation, including roundabouts at that commencement and termination and bridges over the river and Works <abbr title="Numbers">Nos.</abbr> 10, 10D and 10E;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn152" class="schProv1"><num>Work No. 10S(2)—</num><content>A road commencing at a point adjoining Southfleet Road 310 metres north of the existing junction with that road of the said road access to the Northfleet West Grid Substation, passing southwards to a point 120 metres south of that existing road junction then passing south-eastwards and terminating at a point 60 metres east of Southfleet Road, 220 metres north of the existing junction with the A2 of the road access from that road to the Northfleet West Grid Substation, including a roundabout at that termination;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn153" class="schProv1"><num>Work No. 10T(1)—</num><content>A road commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 10S(2)) at its termination, passing eastwards, then south-eastwards to a junction with Work <abbr title="Number">No.</abbr> 10T(4) at its termination, then eastwards over the railway (Work <abbr title="Number">No.</abbr> 10) in tunnel and terminating in the existing eastbound exit slip road of the A2 at Pepper Hill at a point 80 metres north-west of the junction of that slip road with Hall Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn154" class="schProv1"><num>Work No. 10T(3)—</num><content>A road commencing by a junction with the road (Work <abbr title="Number">No.</abbr> 10T(1)) at a point 85 metres north-west of the access to the Springhead Nursery from the existing access road on the northern side of the A2, passing south-eastwards on the southern side of Work <abbr title="Number">No.</abbr> 10T(1), over the railway (Work <abbr title="Number">No.</abbr> 10) in tunnel, and terminating in the eastbound carriageway of the A2 at a point 250 metres south-east of the bridge carrying Hall Road over the A2;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn155" class="schProv1"><num>Work No. 10T(4)—</num><content>A road, forming an exit slip road from the eastbound carriageway of the A2, commencing in that carriageway at a point 325 metres east of the footbridge over the A2 between Blue House and Swanscombe Park, passing eastwards over the new roads (Works <abbr title="Numbers">Nos.</abbr> 10T(6) and 10T(8)) and terminating by a junction with the road (Work <abbr title="Number">No.</abbr> 10T(1)) at a point 260 metres from its commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn156" class="schProv1"><num>Work No. 10T(6)—</num><content>A road, forming an entry slip road to the westbound carriageway of the A2, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 10S(2)) at its termination, passing southwards under the A2 then south-westwards, westwards and north-westwards to a point 300 metres west of the bridge carrying the A2 over the B259 (Park Corner Road) continuing westwards and terminating in the westbound carriageway of the A2 at a point 130 metres east of the said footbridge over the A2;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn157" class="schProv1"><num>Work No. 10T(7)—</num><content>A road commencing by a junction with the slip road (Work <abbr title="Number">No.</abbr> 10T(6)) at a point 325 metres north of the junction of Park Corner Road with the road leading to North End Farm, passing southwards and terminating by a junction with Park Corner Road at a point 150 metres from that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn158" class="schProv1"><num>Work No. 10T(8)—</num><content>A station access road, forming an exit slip road from the westbound carriageway of the A2, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 10S(2)) at its termination, passing southwards under the A2 on the western side of the slip road (Work <abbr title="Number">No.</abbr> 10T(6)) to a point on the western side of the B259 (Park Corner Road) 160 metres south of the southern end of the bridge carrying the A2 over that road, then turning south-westwards, north-westwards, northwards and north-eastwards, passing over the road and the slip road (Work <abbr title="Number">No.</abbr> 10T(6)) on the southern side of the A2, continuing eastwards and terminating in the westbound carriageway of the A2 at a point 190 metres north-west of the bridge carrying Hall Road over the A2;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e5717"><heading> Longfield to Singlewell</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn159" class="schProv1"><num>Work No. 11—</num><content>A railway (4,402 metres in length) commencing by a junction with the London and Chatham Railway at a point 130 metres east of the eastern abutment of the bridge carrying that railway over Pinden Road, passing eastwards, then north-eastwards on the course of the former Gravesend West Branch Railway, over the B260 (Main Road, Longfield), under Whitehill Road (Work <abbr title="Number">No.</abbr> 11C), the B255 (Hook Green Road) (Work <abbr title="Number">No.</abbr> 11D) and the B259 (Dale Road) (Work <abbr title="Number">No.</abbr> 11E), then eastwards under New Barn Road (Work <abbr title="Number">No.</abbr> 11F), and terminating at a point 60 metres east of the intended bridge forming part of that work, including a bridge over the B260;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn160" class="schProv1"><num>Work No. 11A—</num><content>A railway (1,366 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 11) at its termination, passing eastwards over the railway (Work <abbr title="Number">No.</abbr> 10) in tunnel, then south-eastwards on the northern side of that railway under Downs Road (Work <abbr title="Number">No.</abbr> 10P) and terminating by a junction with that railway at a point 290 metres south-east of the intended bridge forming part of that work;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn161" class="schProv1"><num>Work No. 11B—</num><content>A railway (1,354 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 11) at its termination, passing south-eastwards on the southern side of the railway (Work <abbr title="Number">No.</abbr> 10) under Downs Road (Work <abbr title="Number">No.</abbr> 10P) and terminating by a junction with the railway at a point 275 metres south-east of the intended bridge forming part of that work;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn162" class="schProv1"><num>Work No. 11C—</num><content>Realignment of Whitehill Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 11), commencing in Whitehill Road at a point 375 metres south of the southern abutment of the existing bridge carrying that road over the disused railway and terminating in that road at its junction with Hook Green Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn163" class="schProv1"><num>Work No. 11D—</num><content>Realignment of the B255 (Hook Green Road), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 11), commencing in that road at a point 50 metres south-east of its junction with Whitehill Road and terminating in the B255 at a point 190 metres east of the eastern abutment of the existing bridge over the disused railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn164" class="schProv1"><num>Work No. 11E—</num><content>Realignment of the B259 (Dale Road), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 11), commencing in that road at a point 60 metres south of the southern abutment of the existing bridge over that disused railway and terminating in that road at a point 70 metres south of its junction with the B262 (Station Road);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn165" class="schProv1"><num>Work No. 11F—</num><content>Realignment of New Barn Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 11), commencing in that road at a point 25 metres south of the centre of the roundabout at the junction of that road with the B262 (Station Road) and terminating in New Barn Road at a point 370 metres south-west of that commencement;In the borough of Gravesham, parishes of Cobham and Shorne, and in the city of Rochester-upon-Medway, town of Rochester and parish of Cuxton, in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e5808"><heading> Singlewell to Strood</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn166" class="schProv1"><num>Work No. 12—</num><content>A railway (7,700 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10) at its termination, passing eastwards on the southern side of the A2 (Watling Street), under Henhurst Road (Work <abbr title="Number">No.</abbr> 12D), Scotland Lane (Work <abbr title="Number">No.</abbr> 12E), Watling Street (B395) (Work <abbr title="Number">No.</abbr> 12F) and Halfpence Lane (C492) (Work <abbr title="Number">No.</abbr> 32C), then in tunnel for a distance of 75 metres beneath Work <abbr title="Number">No.</abbr> 32B and an adjoining area, under Brewers Road (Work <abbr title="Number">No.</abbr> 12H), over the access road (Work <abbr title="Number">No.</abbr> 12K) and under the access road (Work <abbr title="Number">No.</abbr> 12L), then passing south-eastwards on the western side of the M2, under a land bridge in Temple Wood, and terminating at a point 435 metres north-west of the southern end of the subway by which the footpath RS203 passes under the M2 as existing, including a bridge over Work <abbr title="Number">No.</abbr> 12K;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn167" class="schProv1"><num>Work No. 12A—</num><content>A railway (2,520 metres in length) on the northern side of the railway (Work <abbr title="Number">No.</abbr> 12) commencing by a junction with that railway at a point 50 metres east of its commencement, passing eastwards under Henhurst Road (Work <abbr title="Number">No.</abbr> 12D) and terminating by a junction with Work <abbr title="Number">No.</abbr> 12 at a point 515 metres east of the intended bridge carrying that road over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn168" class="schProv1"><num>Work No. 12B—</num><content>A railway (2,520 metres in length) on the southern side of the railway (Work <abbr title="Number">No.</abbr> 12) commencing by a junction with that railway at the said point 50 metres east of its commencement, passing eastwards under Henhurst Road (Work <abbr title="Number">No.</abbr> 12D) and terminating by a junction with Work <abbr title="Number">No.</abbr> 12 at the said point 515 metres east of the intended bridge carrying that road over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn169" class="schProv1"><num>Work No. 12C—</num><content>Diversion of Church Road commencing in that road at a point 170 metres north of the entrance from that road to St Margaret’s Church, Ifield Court, passing north-eastwards then south-eastwards and terminating by a junction with Henhurst Road (Work <abbr title="Number">No.</abbr> 12D) at a point 100 metres south of the southern abutment of the intended bridge carrying that road over the railways (Works <abbr title="Numbers">Nos.</abbr> 12, 12A and 12B);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn170" class="schProv1"><num>Work No. 12D—</num><content>Diversion of Henhurst Road, including a bridge over the railways (Works <abbr title="Numbers">Nos.</abbr> 12, 12A and 12B), commencing in that road at a point 40 metres south of its junction with the exit slip road from the westbound carriageway of the A2 and terminating in Henhurst Road at a point 60 metres north of the access from that road to Henhurst Cottage;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn171" class="schProv1"><num>Work No. 12E—</num><content>Diversion of Scotland Lane (Byway NS 195), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 12), commencing in Scotland Lane at a point 210 metres south of its existing junction with Watling Street (B395), passing north-eastwards then eastwards to a junction with the existing access to The Mount, then passing northwards over the railway and terminating by a junction with the new road (Work <abbr title="Number">No.</abbr> 12F) at a point 15 metres from the commencement of that work;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn172" class="schProv1"><num>Work No. 12F—</num><content>A road, forming a diversion of Watling Street (B395), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 12), commencing in that road at a point 130 metres south-east of the southern abutment of the bridge carrying that road over the A2, passing eastwards on the northern side of that road, then southwards over the railway and terminating by a junction with Halfpence Lane (C492) (Work <abbr title="Number">No.</abbr> 32C) at a point 80 metres north of its existing junction with Brewers Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn173" class="schProv1"><num>Work No. 12H—</num><content>Diversion of Brewers Road, including bridges over the railway (Work <abbr title="Number">No.</abbr> 12) and the A2, commencing in Brewers Road at its junction with Halfpence Lane (C492) passing eastwards, then north-eastwards over that railway and terminating in Brewers Road at a point 160 metres north-east of its junction with the slip roads to and from the eastbound carriageway of the A2;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn174" class="schProv1"><num>Work No. 12J—</num><content>An access road commencing by a junction with Brewers Road (Work <abbr title="Number">No.</abbr> 12H) at a point 55 metres south-west of the termination of that work, passing south-eastwards, then eastwards along the northern side of the A2 and terminating within the curtilage of Park Pale;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn175" class="schProv1"><num>Work No. 12K—</num><content>An access road to the Rochester and Cobham Park Golf Course, including a bridge over the A2, commencing by a junction with the access road (Work <abbr title="Number">No.</abbr> 12J) on the northern side of the A2 at a point 250 metres west of Park Pale, passing northwards and eastwards then southwards over that road and the A2 (including Works <abbr title="Numbers">Nos.</abbr> 31A, 31B, 34A and 35A), then westwards and southwards under the railway (Work <abbr title="Number">No.</abbr> 12), and terminating in the golf course south of the railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn176" class="schProv1"><num>Work No. 12L—</num><content>Diversion of an access road to Knights Place, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 12), commencing in the existing access road from the A2 at a point 170 metres south of that road, passing southwards over the railway and terminating in the existing access road at a point 110 metres north of the access from that road to Knights Cottage;In the city of Rochester-upon-Medway, town of Rochester and parish of Cuxton, in the borough of Tonbridge and Malling, parishes of Wouldham, Aylesford and Burham and in the borough of Maidstone, parishes of Boxley and Detling in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e5969"><heading> Strood to Detling</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn177" class="schProv1"><num>Work No. 13—</num><content>A railway (14,100 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 12) at its termination, passing south-eastwards, on the western side of the M2, over new roads (Works <abbr title="Numbers">Nos.</abbr> 36C, 36D and 36E) forming part of Junction 2 of the motorway, under the A228 (Rochester Road) (Work <abbr title="Number">No.</abbr> 36F), over the London and Chatham Railway, then on viaduct over the Strood and Maidstone Railway, the River Medway and Wouldham Road, then continuing south-eastwards on the western side of the M2 to a point at Nashenden Bottom, 120 metres north-west of the northern end of the go-kart racing track at Buckmore Park, south of Rochester Airport, then passing in tunnel (the North Downs Tunnel) for a distance of 3,190 metres beneath Blue Bell Hill and the North Downs, then passing south-eastwards under the Pilgrims Way (Work <abbr title="Number">No.</abbr> 13F), over Boarley Lane (Work <abbr title="Number">No.</abbr> 13G), then in tunnel for a distance of 330 metres beneath Boxley Road (Work <abbr title="Number">No.</abbr> 13H), continuing south-eastwards, under the A249 (Sittingbourne Road) (Work <abbr title="Number">No.</abbr> 13J), and Hockers Lane (Work <abbr title="Number">No.</abbr> 13K) and terminating at a point 270 metres east of the northern abutment of the bridge carrying Hockers Lane over the M20, including bridges over Works <abbr title="Numbers">Nos.</abbr> 36C, 36D and 36E, the London and Chatham Railway, the said viaduct, and a bridge over Work <abbr title="Number">No.</abbr> 13G;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn178" class="schProv1"><num>Work No. 13A—</num><content>Slip roads forming part of Junction 2 of the M2 pending widening of that motorway, being roads to be stopped up on the construction of the slip roads (Works <abbr title="Numbers">Nos.</abbr> 36A to 36D), comprising—</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn179" class="schProv1"><num>Work No. 13A(1)—</num><content>A road, forming an exit slip road from the existing eastbound carriageway of the M2, commencing in that carriageway at a point 75 metres south-east of the southern end of the subway by which the footpath RS 203 passes under the motorway, passing south-eastwards and terminating by a junction with the A228 (Rochester Road) (Work <abbr title="Number">No.</abbr> 13A(4)) at a point 70 metres east of the eastern abutment of the existing bridge carrying that road over the M2;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn180" class="schProv1"><num>Work No. 13A(2)—</num><content>A road, forming an entry slip road to the existing westbound carriageway of the M2, commencing in that carriageway at a point 345 metres south-east of the southern end of the subway by which the footpath NS 183 passes under the M2, passing south-eastwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 36C at a point 100 metres west of the southern end of the said subway for the footpath RS 203;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn181" class="schProv1"><num>Work No. 13A(3)—</num><content>A road forming an exit slip road from the existing westbound carriageway of the M2, commencing in that carriageway at a point 25 metres south-east of the southern abutment of the bridge carrying the M2 over the London and Chatham Railway, passing north-westwards under the railway (Work <abbr title="Number">No.</abbr> 13) and terminating by a junction with the western junction roundabout (part of Work <abbr title="Number">No.</abbr> 36E);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn182" class="schProv1"><num>Work No. 13A(4)—</num><content>A road, forming a diversion of the A228 (Rochester Road), commencing by a junction with the road (Work <abbr title="Number">No.</abbr> 36F) at a point 395 metres north-east of the commencement of that work, passing north-eastwards and eastwards and terminating by a junction with the A228 at a point 140 metres north-east of the junction with that road of the existing slip roads to the eastbound carriageway of the M2;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn183" class="schProv1"><num>Work No. 13B—</num><content>Diversion of Burham Road (D422) commencing by a junction with Wouldham Road at a point 30 metres south-west of the existing junction of those roads, passing south-eastwards and terminating by a junction with Burham Road 325 metres south of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn184" class="schProv1"><num>Work No. 13C—</num><content>Diversion of bridleway MR11 (Stony Lane), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 13), commencing in that bridleway at the northern end of the subway by which it passes under the M2, passing south-westwards under the M2, then north-westwards and south-westwards over the railway, then southwards and south-eastwards and terminating by a junction with Stony Lane at the north-eastern corner of Upper Nashenden Farm;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn185" class="schProv1"><num>Work No. 13D—</num><content>An access, for construction purposes, commencing by a junction with the existing westbound carriageway of the M2 at a point 160 metres north-west of the southern end of the existing subway by which Stony Lane passes under the motorway, passing north-westwards and westwards to the southern side of the railway (Work <abbr title="Number">No.</abbr> 13), passing south-eastwards on that side of the railway between chainages 4,000 and 4,190 metres, then passing eastwards, northwards and north-westwards and terminating by a junction with that carriageway of the motorway at a point 180 metres south-east of the bridge carrying Borstal Farm access over the M2;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn186" class="schProv1"><num>Work No. 13E—</num><content>Diversion of byway MR401, commencing by a junction with the byway at a point 160 metres south of its junction with Lower Warren Road, passing southwards over the railway (Work <abbr title="Number">No.</abbr> 13) in tunnel, then south-westwards and south-eastwards and terminating by a junction with byway MR401 at a point 225 metres south of that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn187" class="schProv1"><num>Work No. 13F—</num><content>Realignment of Pilgrims Way, including a bridge carrying that byway over the railway (Work <abbr title="Number">No.</abbr> 13), commencing in that byway at a point 85 metres east of the northern end of the subway by which the Pilgrims Way passes under the A229 (Chatham Road), passing eastwards then north-eastwards over the railway and terminating in that byway at a point 130 metres east of that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn188" class="schProv1"><num>Work No. 13G—</num><content>Diversion of Boarley Lane (D898) commencing in that road at a point 100 metres south of Boarley Cottage, passing southwards and south-eastwards under the railway (Work <abbr title="Number">No.</abbr> 13) and terminating in Boarley Lane at a point 50 metres north-east of the access to Boarley Oast;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn189" class="schProv1"><num>Work No. 13H—</num><content>Diversion of Boxley Road (C97) commencing in that road at its junction with Sandy Lane, passing north-westwards then north-eastwards over the railway (Work <abbr title="Number">No.</abbr> 13) in tunnel and terminating in that road at a point 50 metres north-east of the access to Street Farm, Boxley;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn190" class="schProv1"><num>Work No. 13J—</num><content>Realignment of the A249 (Sittingbourne Road), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 13), commencing in that road at a point 80 metres north-east of the junction with that road of the side road to Detling and terminating in Sittingbourne Road at a point 110 metres north of the northern abutment of the eastern bridge of the roundabout through which that road passes over the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn191" class="schProv1"><num>Work No. 13K—</num><content>Realignment of Hockers Lane, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 13), commencing in that road at a point 230 metres north of the northern abutment of the bridge carrying that road over the M20 and terminating in Hockers Lane at a point on that bridge 260 metres south of that commencement;In the borough of Maidstone, parishes of Detling, Thurnham, Hollingbourne, Broomfield, Harrietsham, Lenham and Boughton Malherbe, in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e6139"><heading> Detling to Lenham Heath</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn192" class="schProv1"><num>Work No. 14—</num><content>A railway (13,904 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 13) at its termination, passing south-eastwards over Thurnham Lane (Work <abbr title="Number">No.</abbr> 14A), Water Lane (Work <abbr title="Number">No.</abbr> 14B) and Crismill Lane (Work <abbr title="Number">No.</abbr> 14C), then over the Maidstone and Ashford Railway at a point 85 metres east of the bridge carrying the M20 over that railway, continuing south-eastwards in tunnel for a distance of 240 metres beneath the B2163 (Eyhorne Street) (Work <abbr title="Number">No.</abbr> 14D), then passing over Snagbrook Stream, under Hospital Road (Work <abbr title="Number">No.</abbr> 14E), over the A20 (Ashford Road) (Work <abbr title="Number">No.</abbr> 14F) and under Fairbourne Lane (Work <abbr title="Number">No.</abbr> 14H), over Bell Farm access (Work <abbr title="Number">No.</abbr> 14J), then under Runham Lane (Work <abbr title="Number">No.</abbr> 14K), Sandway Road (Work <abbr title="Number">No.</abbr> 14L), Old Ham Lane (Work <abbr title="Number">No.</abbr> 14M), in tunnel for a distance of 170 metres beneath Headcorn Road (Work <abbr title="Number">No.</abbr> 14N), then continuing under Boughton Road (Work <abbr title="Number">No.</abbr> 14P), Lenham Heath Road (Work <abbr title="Number">No.</abbr> 14Q) and Bowley Lane (Work <abbr title="Number">No.</abbr> 14S), over the Great Stour River at a point 40 metres north of the bridge carrying the M20 over that river, under the access road west of Hook Street (Work <abbr title="Number">No.</abbr> 14U) and terminating at a point 85 metres south of the junction of Bull Hill with Lenham Heath Road, including bridges over Works <abbr title="Numbers">Nos.</abbr> 14A, 14B and 14C, the Maidstone and Ashford Railway, Snagbrook Stream, Works <abbr title="Numbers">Nos.</abbr> 14F and 14J and the Great Stour River;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn193" class="schProv1"><num>Work No. 14A—</num><content>Diversion of Thurnham Lane commencing in that road at a point 10 metres north of the access from that road to Gorewood Farm, passing south-westwards and southwards under the railway (Work <abbr title="Number">No.</abbr> 14) and terminating in Thurnham Lane at a point 10 metres north of the southern side of the bridge carrying the M20 over that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn194" class="schProv1"><num>Work No. 14B—</num><content>Diversion of Water Lane commencing in that road at a point 185 metres north of the northern side of the bridge carrying the M20 over that road, passing south-westwards and southwards under the railway (Work <abbr title="Number">No.</abbr> 14) and terminating in Water Lane at a point 5 metres north of the southern side of that bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn195" class="schProv1"><num>Work No. 14C—</num><content>Diversion of bridleway KH134 (Crismill Lane) commencing in that bridleway at a point 30 metres south of the entrance to the Poer Meadow Shaw Pumping Station of the Mid-Kent Water Company, passing south-westwards, then south-eastwards and south-westwards under the railway (Work <abbr title="Number">No.</abbr> 14) and terminating in Crismill Lane at a point 5 metres north of the northern end of the subway by which that bridleway passes under the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn196" class="schProv1"><num>Work No. 14D—</num><content>Realignment of the B2163 (Eyhorne Street) commencing at a point in that road 140 metres north-east of the northern abutment of the bridge carrying that road over the M20, passing south-westwards over the railway (Work <abbr title="Number">No.</abbr> 14) in tunnel and terminating at a point 75 metres south-west of that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn197" class="schProv1"><num>Work No. 14E—</num><content>Diversion of Hospital Road (D971), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 180 metres north-east of the northern end of the subway by which that road passes under the M20, passing south-westwards, north-westwards, then south-westwards over the railway and south-eastwards and south-westwards and terminating in Hospital Road at a point 10 metres north-east of the southern end of that subway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn198" class="schProv1"><num>Work No. 14F—</num><content>Diversion of the A20 (Ashford Road) commencing in that road at a point 20 metres east of the southern side of the bridge carrying the M20 over that road west of Holm Mill, passing eastwards under the railway (Work <abbr title="Number">No.</abbr> 14), then south-eastwards on the northern side of Work <abbr title="Number">No.</abbr> 14 and terminating in the A20 at a point 25 metres south-east of its junction with Holm Mill Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn199" class="schProv1"><num>Work No. 14G—</num><content>Diversion of Greenway Court Road (D946) at its junction with the A20 (Ashford Road), commencing in Greenway Court Road at a point 110 metres north-east of its junction with Greenway Lane, passing south-westwards, then southwards on the eastern side of the existing road and terminating by a junction with the A20 (Work <abbr title="Number">No.</abbr> 14F) at a point 105 metres east of the intended bridge carrying the railway (Work <abbr title="Number">No.</abbr> 14) over that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn200" class="schProv1"><num>Work No. 14H—</num><content>Realignment of Fairbourne Lane, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 50 metres south of its junction with the A20 (Ashford Road), passing southwards over the railway and terminating at a point 45 metres south of the northern end of the bridge carrying that road over the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn201" class="schProv1"><num>Work No. 14J—</num><content>Diversion of the Bell Farm access from Sandway Road, Harrietsham, commencing by a junction with Sandway Road at a point 130 metres south-east of its junction with East Street, passing south-eastwards, then south-westwards and southwards under the railway (Work <abbr title="Number">No.</abbr> 14) and terminating in that access road at a point 35 metres south of the northern end of the subway by which it passes under the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn202" class="schProv1"><num>Work No. 14K—</num><content>Realignment of Runham Lane, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 60 metres south-west of its junction with Sandway Road, passing south-westwards over the railway and terminating in Runham Lane at a point 10 metres south-west of the north-eastern end of the bridge carrying that road over the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn203" class="schProv1"><num>Work No. 14L—</num><content>Diversion of Sandway Road (C92), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 180 metres south-east of its junction with Runham Lane, passing south-eastwards on the eastern side of Sandway Road, then southwards over the railway and terminating in that road at a point 190 metres north-west of its junction with Old Ham Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn204" class="schProv1"><num>Work No. 14M—</num><content>Diversion of Old Ham Lane (D986), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 360 metres north of its junction with Sandway Road and Lenham Heath Road, passing southwards over the railway and terminating in Old Ham Lane at that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn205" class="schProv1"><num>Work No. 14N—</num><content>Realignment of Headcorn Road commencing in that road at a point 220 metres north-east of its junction with Lenham Heath Road, passing south-westwards over the railway (Work <abbr title="Number">No.</abbr> 14) in tunnel and terminating in Headcorn Road at a point 130 metres north-east of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn206" class="schProv1"><num>Work No. 14P—</num><content>Realignment of Boughton Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14) commencing in that road at a point 140 metres north of its junction with Lenham Heath Road, passing southwards over the railway and terminating in Boughton Road at a point 70 metres north of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn207" class="schProv1"><num>Work No. 14Q—</num><content>Diversion of Lenham Heath Road (C92) at Sandway, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 225 metres south-east of its junction with Boughton Road, passing south-eastwards then north-eastwards over the railway, then south-eastwards and eastwards and terminating in Lenham Heath Road at a point 590 metres north-west of its existing junction with Bowley Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn208" class="schProv1"><num>Work No. 14R—</num><content>Diversion of Lenham Heath Road (C92) at Chapel Mill commencing in that road at a point 260 metres north-west of its existing junction with Bowley Lane, passing south-eastwards over the Great Stour River and terminating in Lenham Heath Road at a point 310 metres south-east of that existing road junction, including a bridge over the Great Stour River;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn209" class="schProv1"><num>Work No. 14S—</num><content>Diversion of Bowley Lane at its junction with Lenham Heath Road, including bridges over the railway (Work <abbr title="Number">No.</abbr> 14) and the M20, commencing by a junction with Lenham Heath Road (Work <abbr title="Number">No.</abbr> 14R) at a point 225 metres south-east of the commencement of that work, passing southwards and south-westwards, over the railway and the motorway, and terminating in Bowley Lane at a point 165 metres south of the southern end of the existing bridge carrying that road over the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn210" class="schProv1"><num>Work No. 14T—</num><content>An access road, for construction purposes, commencing by a junction with the eastbound carriageway of the M20 at a point 75 metres north-west of the western side of the existing bridge carrying Bowley Lane over the motorway, passing south-eastwards and eastwards to a point on the southern side of the railway (Work <abbr title="Number">No.</abbr> 14) 220 metres south-east of the intended bridge carrying that road over the railway, then passing southwards and south-eastwards and terminating by a junction with that carriageway of the M20 at a point 210 metres north-west of the western side of the bridge carrying Hubbard’s Farm access road over the motorway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn211" class="schProv1"><num>Work No. 14U—</num><content>An access road on the line of Hubbard’s Farm access road west of Hook Street, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing by a junction with Lenham Heath Road at a point 75 metres west of its junction with Bull Hill, passing southwards over the railway and terminating in the existing access road at the southern end of the bridge carrying it over the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn212" class="schProv1"><num>Work No. 14V—</num><content>An access road on the southern side of the railway (Work <abbr title="Number">No.</abbr> 14) commencing in the curtilage of Old Cottage, passing south-eastwards to a junction with the new road (Work <abbr title="Number">No.</abbr> 14U) at a point 120 metres south of its commencement, then continuing south-eastwards and terminating in the curtilage of Yew Tree Cottage off Hook Street (to be stopped up);In the borough of Maidstone, parish of Lenham, and in the borough of Ashford, town of Ashford and parishes of Charing, Hothfield and Westwell, in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e6402"><heading> Lenham Heath to Ashford Barracks</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn213" class="schProv1"><num>Work No. 15—</num><content>A railway (11,342 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 14) at its termination, passing south-eastwards under Egerton Road (Work <abbr title="Number">No.</abbr> 15C), Newlands Road (Work <abbr title="Number">No.</abbr> 15F) and Pluckley Road (Work <abbr title="Number">No.</abbr> 15G), passing eastwards in tunnel for a distance of 115 metres beneath Leacon Lane (Work <abbr title="Number">No.</abbr> 15J), and under the A20 (Maidstone Road) (Work <abbr title="Number">No.</abbr> 15K) then continuing south-eastwards over the M20 at a point 50 metres west of the bridge carrying the Maidstone and Ashford Railway over the motorway at Tutt Hill, passing under Westwell Lane (Work <abbr title="Number">No.</abbr> 15M) and over Station Road (Work <abbr title="Number">No.</abbr> 15N), under the A20 (Work <abbr title="Number">No.</abbr> 15P) and over Godinton Lane (Work <abbr title="Number">No.</abbr> 15Q) and terminating at a point in Rowcroft Barracks 530 metres north-west of the existing junction of Godinton Road with Chart Road, including bridges over the M20, Station Road and Godinton Lane;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn214" class="schProv1"><num>Work No. 15A—</num><content>A railway (2,576 metres in length) on the northern side of the railway (Work <abbr title="Number">No.</abbr> 15) commencing by a junction with that railway at a point 360 metres east of its commencement, passing eastwards under Egerton Road (Work <abbr title="Number">No.</abbr> 15C) and terminating by a junction with Work <abbr title="Number">No.</abbr> 15 at a point 125 metres north-west of the intended bridge carrying Newlands Road (Work <abbr title="Number">No.</abbr> 15F) over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn215" class="schProv1"><num>Work No. 15B—</num><content>A railway (2,576 metres in length) on the southern side of the railway (Work <abbr title="Number">No.</abbr> 15) commencing by a junction with that railway at the said point 360 metres east of its commencement, passing eastwards under Egerton Road (Work <abbr title="Number">No.</abbr> 15C) and terminating by a junction with Work <abbr title="Number">No.</abbr> 15 at the said point 125 metres north-west of the intended bridge carrying Newlands Road (Work <abbr title="Number">No.</abbr> 15F) over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn216" class="schProv1"><num>Work No. 15C—</num><content>Realignment of Egerton Road, including a bridge over the railways (Works <abbr title="Numbers">Nos.</abbr> 15, 15A and 15B), commencing in that road at a point 5 metres south-west of the southern end of the bridge carrying it over the M20, passing north-eastwards over those railways and terminating in Egerton Road at a point 130 metres north-east of its junction with Vicarage Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn217" class="schProv1"><num>Work No. 15D—</num><content>Realignment of Vicarage Lane commencing in that road at a point 65 metres north of its junction with Egerton Road and terminating at that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn218" class="schProv1"><num>Work No. 15E—</num><content>Diversion of Hurst Lane (D1198) at its junction with Newlands Road commencing in Hurst Lane at a point 260 metres north-west of that existing road junction, passing eastwards and terminating by a junction with Newlands Road (Work <abbr title="Number">No.</abbr> 15F) at a point 75 metres north of the said existing road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn219" class="schProv1"><num>Work No. 15F—</num><content>Realignment of Newlands Road (D1199), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 15), commencing in that road at a point 15 metres north of the northern abutment of the bridge carrying that road over the M20, passing northwards over the railway, then north-eastwards and terminating in Newlands Road at a point 135 metres north-east of its junction with Hurst Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn220" class="schProv1"><num>Work No. 15G—</num><content>Realignment of Pluckley Road (C493), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 15), commencing in that road at a point 25 metres south-west of the southern end of the bridge carrying it over the M20, passing north-eastwards and northwards over the motorway and the railway and terminating in Pluckley Road at a point 65 metres north of its existing junction with Leacon Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn221" class="schProv1"><num>Work No. 15H—</num><content>Diversion of Leacon Lane between Pluckley Road and Leacon Alders commencing by a junction with Pluckley Road at its existing junction with Leacon Lane, passing eastwards then south-eastwards under the railway (Work <abbr title="Number">No.</abbr> 15) and terminating in Leacon Lane at a point 195 metres west of the bridge carrying that road over the stream at Leacon Alders, including access to Oakover Nursery and Raywood Cottages and to the emergency access to the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn222" class="schProv1"><num>Work No. 15J—</num><content>Realignment of Leacon Lane east of Leacon Alders commencing in that road at a point 240 metres east of its junction with Hurstford Lane, passing north-eastwards over the railway (Work <abbr title="Number">No.</abbr> 15) in tunnel, and terminating in Leacon Lane at a point 200 metres south-west of its junction with the A20 (Maidstone Road);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn223" class="schProv1"><num>Work No. 15K—</num><content>Diversion of the A20 (Maidstone Road), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 15), commencing in that road at a point 25 metres north of its junction with Leacon Lane, passing south-eastwards over the railway on the western side of the existing road and terminating in the A20 at the north-western end of the bridge carrying that road over the M20, including access to Leda Cottages at a point 35 metres north-west of that termination;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn224" class="schProv1"><num>Work No. 15L—</num><content>A road for access to premises on the eastern side of the existing A20 commencing by a junction with the A20 (Work <abbr title="Number">No.</abbr> 15K) at a point on its eastern side 205 metres south-east of its commencement, passing eastwards, then south-eastwards and terminating by a junction with the remaining part of the existing road at a point 285 metres south-east of the commencement of Work <abbr title="Number">No.</abbr> 15K;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn225" class="schProv1"><num>Work No. 15M—</num><content>Diversion of Westwell Lane (D1227) commencing in that road at the southern end of the bridge carrying it over the M20, passing southwards on the eastern side of the existing road, then south-westwards over the Maidstone and Ashford Railway and the railway (Work <abbr title="Number">No.</abbr> 15), then passing south-eastwards and southwards and terminating in that road at a point 180 metres south of the southern abutment of the existing bridge carrying that road over the Maidstone and Ashford Railway, including a bridge over that railway and Work <abbr title="Number">No.</abbr> 15;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn226" class="schProv1"><num>Work No. 15N—</num><content>Realignment of Station Road, Westwell, commencing in that road at a point 15 metres south-west of the bridge carrying the Maidstone and Ashford Railway over that road, passing south-westwards under the railway (Work <abbr title="Number">No.</abbr> 15) and terminating in Station Road at a point 220 metres south-west of that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn227" class="schProv1"><num>Work No. 15P—</num><content>Diversion of the A20 (Maidstone Road), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 15), commencing in that road at a point 405 metres north-west of the entrance to Yonsea Farm, passing eastwards on the northern side of the existing road, over the railway, then south-eastwards and terminating in that road at a point at Potters Corner 25 metres south-east of the junction with that road of Godinton Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn228" class="schProv1"><num>Work No. 15Q—</num><content>Diversion of Godinton Lane commencing in that road at a point 225 metres south-west of its junction with the A20, passing south-westwards on the western side of the existing road, under the railway (Work <abbr title="Number">No.</abbr> 15) and terminating in Godinton Lane at a point 10 metres north-east of the access to North Lodge;In the borough of Ashford, town of Ashford and parish of Sevington, in the County of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e6602"><heading> Ashford Barracks to Sevington</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn229" class="schProv1"><num>Work No. 16—</num><content>A railway (4,535 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 15) at its termination, passing south-eastwards to a point 130 metres north-west of the existing junction of Godinton Road with Chart Road, then in tunnel for a distance of 565 metres beneath Chart Road (Work <abbr title="Number">No.</abbr> 16F) and Godinton Road (Works <abbr title="Numbers">Nos.</abbr> 16G and 16H), the railway (Work <abbr title="Number">No.</abbr> 16A) and the Maidstone and Ashford Railway (Work <abbr title="Number">No.</abbr> 16C), then under Beaver Road (Work <abbr title="Number">No.</abbr> 16N), over the Great Stour and the East Stour Rivers, the Ashford and Canterbury Railway and the railways (Works <abbr title="Numbers">Nos.</abbr> 16C and 16D), then over the railways (Works <abbr title="Numbers">Nos.</abbr> 16A and 16E), under Boys Hall Road (Work <abbr title="Number">No.</abbr> 16Q), and terminating at a point 225 metres west of the western side of the existing bridge carrying Bad Munstereifel Road over the Ashford and Folkestone Railway at Sevington, including bridges over Works <abbr title="Numbers">Nos.</abbr> 16A, 16C, 16D and 16E, the Great Stour and the East Stour Rivers, the Ashford and Canterbury Railway, and the Aylesford Stream (Work <abbr title="Number">No.</abbr> 16S);</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn230" class="schProv1"><num>Work No. 16A—</num><content>A railway (4,555 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 16) at a point 5 metres south-east of the commencement of that work, passing south-eastwards on the northern side of that railway, in tunnel for a distance of 405 metres beneath Chart Road (Work <abbr title="Number">No.</abbr> 16F), then passing southwards over the railway (Work <abbr title="Number">No.</abbr> 16) in tunnel, then south-eastwards and eastwards under Beaver Road (Work <abbr title="Number">No.</abbr> 16N), on existing bridges over the Great Stour and the East Stour Rivers, under Work <abbr title="Number">No.</abbr> 16, and Boys Hall Road (Work <abbr title="Number">No.</abbr> 16Q) and terminating by a junction with Work <abbr title="Number">No.</abbr> 16 at its termination, including bridges over Work <abbr title="Number">No.</abbr> 16K and the Aylesford Stream (Work <abbr title="Number">No.</abbr> 16S);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn231" class="schProv1"><num>Work No. 16B—</num><content>A railway (4,550 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 16) at a point 5 metres south-east of the commencement of that work, passing south-eastwards on the southern side of that railway, in tunnel for a distance of 475 metres beneath Chart Road (Work <abbr title="Number">No.</abbr> 16F) and Godinton Road (Works <abbr title="Numbers">Nos.</abbr> 16G and 16H), passing south-eastwards and eastwards under Beaver Road (Work <abbr title="Number">No.</abbr> 16N), on existing bridges over the Great Stour and East Stour Rivers, under Boys Hall Road (Work <abbr title="Number">No.</abbr> 16Q) and terminating by a junction with Work <abbr title="Number">No.</abbr> 16 at its termination, including bridges over Work <abbr title="Number">No.</abbr> 16K and the Aylesford Stream (Work <abbr title="Number">No.</abbr> 16S);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn232" class="schProv1"><num>Work No. 16C—</num><content>A railway (2,228 metres in length) commencing by a junction with the Maidstone and Ashford Railway at a point 200 metres north-west of the bridge carrying the Godinton Road over that railway, passing south-eastwards over the railway (Work <abbr title="Number">No.</abbr> 16) in tunnel, under Beaver Road (Work <abbr title="Number">No.</abbr> 16N), on existing bridges over the Great Stour and East Stour Rivers and terminating by a junction with the Ashford and Canterbury Railway at a point 70 metres east of the intended bridge carrying Work <abbr title="Number">No.</abbr> 16 over that railway, including a bridge over Work <abbr title="Number">No.</abbr> 16K;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn233" class="schProv1"><num>Work No. 16D—</num><content>A railway (954 metres in length), forming sidings on the Ashford and Canterbury and Ashford and Folkestone Railways, commencing at a point 45 metres south-east of the eastern abutment of the bridge carrying that railway over the East Stour River, passing south-eastwards on the southern side of the railway (Work <abbr title="Number">No.</abbr> 16C) to a junction with the Ashford and Canterbury Railway, then passing eastwards under the railway (Work <abbr title="Number">No.</abbr> 16) then south-eastwards and terminating at a point 125 metres north-west of the junction of Bentley Road with Hunter Avenue and Aylesford Place, including railway sidings;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn234" class="schProv1"><num>Work No. 16E—</num><content>A railway (748 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 16A) at a point 140 metres north-west of the intended bridge carrying the railway (Work <abbr title="Number">No.</abbr> 16) over that railway, passing south-eastwards under Work <abbr title="Number">No.</abbr> 16, on the northern side of Work <abbr title="Number">No.</abbr> 16A and terminating at a point 92 metres south-east of the eastern side of the existing Aylesford Place level crossing (to be stopped up), including railway sidings;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn235" class="schProv1"><num>Work No. 16F—</num><content>Realignment of the A28 (Chart Road) commencing in that road at a point 45 metres east of the junction of Hilton Road with that road, passing eastwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A and 16B) in tunnel and terminating in that road at a point 3 metres west of the western side of the bridge carrying the Maidstone and Ashford Railway over that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn236" class="schProv1"><num>Work No. 16G—</num><content>Realignment of Godinton Road (B2074) and Carlton Road (E1467) commencing by a junction with Chart Road (Work <abbr title="Number">No.</abbr> 16F) at the existing junction of that road with Godinton Road, passing south-eastwards on the line of that road over the railway (Work <abbr title="Number">No.</abbr> 16B) in tunnel, then passing south-westwards on the line of Carlton Road and terminating in that road at a point 63 metres south-west of its junction with Godinton Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn237" class="schProv1"><num>Work No. 16H—</num><content>A road commencing by a junction with Godinton Road (Work <abbr title="Number">No.</abbr> 16G) at a point 80 metres south-east of its existing junction with Chart Road, passing north-eastwards over the railways (Works Nos 16, 16A and 16B) in tunnel, then south-eastwards over the Maidstone and Ashford Railway (Work <abbr title="Number">No.</abbr> 16C) and terminating in Godinton Road at a point 45 metres north-west of its junction with James Street, including a bridge over the Maidstone and Ashford Railway (Work <abbr title="Number">No.</abbr> 16C);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn238" class="schProv1"><num>Work No. 16J—</num><content>Realignment of Bridge Road commencing in that road at a point 45 metres south-west of its existing junction with Godinton Road, passing north-eastwards, and terminating by a junction with Work <abbr title="Number">No.</abbr> 16G at that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn239" class="schProv1"><num>Work No. 16K—</num><content>An access road and cycle track commencing in Gasworks Lane at a point 30 metres south of its junction with the A292 (Elwick Road), passing south-westwards for a distance of 108 metres, on the western side of Gasworks Lane (to be stopped up), over the railway (Work <abbr title="Number">No.</abbr> 16), then continuing as a cycle track south-westwards, then eastwards and westwards, under the railways (Works <abbr title="Numbers">Nos.</abbr> 16A, 16B and 16C) and the Tonbridge and Ashford Railway, and terminating in Gasworks Lane at a point 10 metres south of the southern end of the existing bridge carrying that last mentioned railway over that road, including a bridge over Work <abbr title="Number">No.</abbr> 16;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn240" class="schProv1"><num>Work No. 16L—</num><content>A road commencing by a junction with Leacon Road at its junction with Norfolk Drive, passing eastwards and terminating by a junction with Gasworks Lane at a point 120 metres south of the southern end of the bridge carrying the Tonbridge and Ashford Railway over that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn241" class="schProv1"><num>Work No. 16M—</num><content>A cycle track commencing by a junction with the footpath AU 37 at a point 32 metres south of its junction with the A292 (Elwick Road), passing south-westwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A, 16B and 16C), the Maidstone and Ashford and the Tonbridge and Ashford Railways, then passing westwards, then eastwards and terminating by a junction with the footpath at a point 5 metres south-west of the southern end of the footbridge carrying that footpath over the Tonbridge and Ashford Railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn242" class="schProv1"><num>Work No. 16N—</num><content>Diversion of the A2070 (Beaver Road) commencing in that road at its junction with the A292 (Elwick Road and Station Road), passing southwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A, 16B and 16C) and terminating in the A2070 at its junction with the Romney Marsh Road, including a bridge over the said railways and a junction roundabout at that termination;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn243" class="schProv1"><num>Work No. 16P—</num><content>A cycle track commencing at the southern end of Alsops Road, passing eastwards, then westwards and eastwards, then southwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A and 16B) and the Ashford and Folkestone Railway, then continuing westwards and eastwards and terminating by a junction with Crowbridge Road at a point 60 metres west of the junction of that road with Gladstone Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn244" class="schProv1"><num>Work No. 16QQ—</num><content>Diversion of Boys Hall Road and Canterbury Road (E1466), including a bridge over the Ashford and Folkestone Railway in place of the existing bridge over that railway and over the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A and 16B) and the new road (Work <abbr title="Number">No.</abbr> 16RR), commencing in Boys Hall Road at a point 215 metres north-east of the existing junction of Crowbridge Road with that road, passing south-westwards over Works <abbr title="Numbers">Nos.</abbr> 16, 16A and 16B, the Ashford and Folkestone Railway and Work <abbr title="Number">No.</abbr> 16RR on the eastern side of the existing road and terminating in Canterbury Road at a point 150 metres south-west of that existing road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn245" class="schProv1"><num>Work No. 16RR—</num><content>A road, forming in part a realignment of Crowbridge Road (D4488), commencing in that road at a point 230 metres north-west of its existing junction with Canterbury Road, passing south-eastwards under Work <abbr title="Number">No.</abbr> 16QQ then passing southwards, south-westwards and south-eastwards and terminating at a roundabout in the northern corner of Orbital Park, Ashford, at a point 520 metres north-west of the junction of Bad Munstereifel Road (Work <abbr title="Number">No.</abbr> 17A) with the access road to Orbital Park, Ashford;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn246" class="schProv1"><num>Work No. 16RR(1)—</num><content>A road commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 16QQ) at a point 40 metres north-east of the junction of Mead Road with Canterbury Road, passing south-eastwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 16RR at a point 120 metres south-east of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn247" class="schProv1"><num>Work No. 16S—</num><content>A cut, forming a diversion of the Aylesford Stream, commencing in that stream at a point 185 metres upstream from the northern side of the bridge carrying the Ashford and Folkestone Railway over that stream, passing westwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A and 16B) and terminating in that stream at a point 5 metres north of the southern side of the said bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn248" class="schProv1"><num>Work No. 16T—</num><content>A railway (1,201 metres in length), forming sidings, commencing by a junction with the Ashford to Canterbury Railway at a point 4 metres south of the southern side of the bridge carrying Hythe Road over that railway, passing southwards, westwards then north-westwards and terminating in the Ashford Goods Yard at a point 200 metres east of the south-western side of the bridge carrying the Ashford to Folkestone Railway over the East Stour river;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn249" class="schProv1"><num>Work No. 16U—</num><content>A railway (100 metres in length), forming a cross-over, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 16E) at a point 60 metres west of the junction of Bentley Road with Hunter Avenue and Aylesford Place, passing south-eastwards and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 16A) at a point 85 metres south of that road junction;In the borough of Ashford, parishes of Sevington, Mersham, Smeeth and Aldington, and in the district of Shepway, parishes of Sellindge, Stanford, Saltwood and Postling, in the county of Kent—</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn250" class="schProv1"><num>Work No. 17—</num><content>A railway (12,300 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 16) at its termination, passing south-eastwards on the northern side of the Ashford and Folkestone Railway, under Bad Munstereifel Road (Work <abbr title="Number">No.</abbr> 17A) and Highfield Lane (Work <abbr title="Number">No.</abbr> 17C), over Blind Lane (Work <abbr title="Number">No.</abbr> 17D), then in tunnel beneath Church Road, Mersham for a distance of 160 metres, then passing eastwards, under Station Road, Smeeth (Work <abbr title="Number">No.</abbr> 17H), over Church Lane, Sellindge, (Work <abbr title="Number">No.</abbr> 17K), then on the southern side of the Sellindge Converter Station, under Harringe Lane (Work <abbr title="Number">No.</abbr> 17L), over the A20 (Ashford Road) at Sellindge (Work <abbr title="Number">No.</abbr> 17M) and the East Stour River west of Stone Street, Westenhanger, under the B2068 Link Road (Work <abbr title="Number">No.</abbr> 17P) and the A20 (Ashford Road) (Work <abbr title="Number">No.</abbr> 17Q) to a point alongside the western portal of the tunnel on the Ashford and Folkestone Railway beneath the access to Sandling Park, then in tunnel for a distance of 90 metres beneath that access and terminating at a point 427 metres east of the eastern portal of that tunnel at the access to Sandling Park, including bridges over Works <abbr title="Numbers">Nos.</abbr> 17D, 17K and 17M;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn251" class="schProv1"><num>Work No. 17A—</num><content>Realignment of Bad Munstereifel Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge over that railway, commencing in that road at a point 330 metres north-east of the north-eastern abutment of the said existing bridge passing south-westwards over the two railways and terminating in that road at a point 420 metres south-west of the south-western abutment of that existing bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn252" class="schProv1"><num>Work No. 17B—</num><content>Diversion of Highfield Lane and Church Road north of the bridge carrying Highfield Lane over the Ashford and Folkestone Railway, commencing in Church Road at a point 260 metres south of its junction with Bad Munstereifel Road, passing southwards, then eastwards on the line of Church Road to its junction with Highfield Lane, then passing north-eastwards on the line of that road to a point 120 metres north-east of that road junction, then passing eastwards and terminating by a junction with Highfield Lane (Work <abbr title="Number">No.</abbr> 17C) at a point 120 metres south-west of the commencement of that work;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn253" class="schProv1"><num>Work No. 17C—</num><content>A new road, forming a diversion of Highfield Lane and Church Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge carrying Highfield Lane over that railway, commencing by a junction with Highfield Lane at a point 260 metres north-east of its existing junction with Church Road, passing westwards, then south-westwards and southwards on the eastern side of the existing road, over the two railways, and terminating by a junction with Highfield Lane at a point 40 metres south of the access from that road to The Dean;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn254" class="schProv1"><num>Work No. 17C(1)—</num><content>A road for access to premises on the eastern side of Highfield Lane south of the Ashford and Folkestone Railway, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 17C) at a point 100 metres north of the termination of that work, passing eastwards and terminating by a junction with the remaining part of Highfield Lane at a point 80 metres north of the access to The Dean;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn255" class="schProv1"><num>Work No. 17D—</num><content>Realignment of Blind Lane commencing in that road at a point 180 metres north-east of the existing bridge carrying the Ashford and Tonbridge Railway over that road, passing under that railway and the railway (Work <abbr title="Number">No.</abbr> 17) and terminating in Blind Lane at a point 90 metres south-west of the said existing bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn256" class="schProv1"><num>Work No. 17E—</num><content>A tunnel over the Ashford and Folkestone Railway coterminous with the tunnel forming part of the railway (Work <abbr title="Number">No.</abbr> 17), beneath Church Road, Mersham (Work <abbr title="Number">No.</abbr> 17F);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn257" class="schProv1"><num>Work No. 17F—</num><content>A road, forming a diversion of Church Road, Mersham, commencing in that road at a point 240 metres south-west of its junction with Bower Road, passing south-westwards and southwards on the eastern side of the existing road, over the railway (Work <abbr title="Number">No.</abbr> 17) in tunnel and the Ashford and Folkestone Railway in tunnel (Work <abbr title="Number">No.</abbr> 17E), and terminating in Church Road at a point 190 metres north of its junction with Jemmett Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn258" class="schProv1"><num>Work No. 17G—</num><content>A road for access to premises on the western side of Church Road, Mersham, north of the Ashford and Folkestone Railway, commencing in the remaining part of Church Road at a point opposite Bridge Cottage and terminating by a junction with Church Road (Work <abbr title="Number">No.</abbr> 17F) at a point 180 metres south-west of its commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn259" class="schProv1"><num>Work No. 17H—</num><content>Diversion of the B2069 (Station Road, Smeeth), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge carrying that road over that railway, commencing in Station Road at a point 260 metres south-west of the access to Park Wood Cottage, passing northwards on the western side of the existing road over the two railways, and terminating in Station Road at a point 130 metres north of the northern abutment of that existing bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn260" class="schProv1"><num>Work No. 17J(1)—</num><content>A cut, forming a diversion of a tributary of the East Stour River west of Church Lane, Sellindge, commencing in that stream at a point 130 metres east of the northern end of the culvert by which it passes under the Ashford and Folkestone Railway, passing westwards, then southwards and terminating in that stream at a point 10 metres north of the northern end of that culvert;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn261" class="schProv1"><num>Work No. 17J(2)—</num><content>A cut, forming a diversion of the East Stour River, commencing in that river at a point 60 metres south-west of the southern end of the culvert by which that river passes under the Ashford and Folkestone Railway 290 metres east of Grove Bridge, passing eastwards then southwards and terminating in that river at a point 80 metres south of the southern end of the culvert by which that river passes under that railway 750 metres east of Grove Bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn262" class="schProv1"><num>Work No. 17J(3)—</num><content>A cut, forming a diversion of the East Stour River at Westenhanger, commencing in that river at the northern end of the culvert by which that river passes under the Ashford and Folkestone Railway west of Stone Street, passing eastwards on the northern side of the railway (Work <abbr title="Number">No.</abbr> 17), and terminating in that river at a point 170 metres north-east of that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn263" class="schProv1"><num>Work No. 17K—</num><content>A diversion of Church Lane, Sellindge, commencing in that road at a point 20 metres north of the northern side of the existing bridge carrying the Ashford and Folkestone Railway over that road, passing south-eastwards under the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway and terminating in Church Lane at a point 280 metres south of the southern side of that existing bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn264" class="schProv1"><num>Work No. 17L—</num><content>A realignment of Harringe Lane, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge carrying that road over that railway, commencing in that road at a point 50 metres north of the northern end of the bridge carrying that road over the M20, passing southwards over the motorway and over the two railways and terminating in Harringe Lane at a point 50 metres north of the bridge carrying that road over the East Stour River;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn265" class="schProv1"><num>Work No. 17M—</num><content>Realignment of the A20 (Ashford Road) at Sellindge commencing in that road at the southern side of the bridge carrying the M20 over that road, passing southwards on the line of the A20, under the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway, and terminating in that road at a point 50 metres south of the southern side of the bridge carrying that last-mentioned railway over that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn266" class="schProv1"><num>Work No. 17N—</num><content>A road commencing by a junction with Stone Street at a point 80 metres west of the southern end of the bridge carrying the emergency services access road over the M20 at Stanford, passing south-eastwards then eastwards on the northern side of the railway (Work <abbr title="Number">No.</abbr> 17), then northwards, and terminating by a junction with the roundabout at Junction 11 of the M20 at a point 70 metres west of the junction with that roundabout of the westbound slip road of the B2068 Link Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn267" class="schProv1"><num>Work No. 17P—</num><content>Realignment of the B2068 Link Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge carrying that road over that railway, commencing in that road at the existing junction of that road with the roundabout at Junction 11 of the M20, passing southwards over those two railways and terminating in that road at the existing roundabout at its junction with the A20 (Ashford Road);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn268" class="schProv1"><num>Work No. 17Q—</num><content>Diversion of the A20 (Ashford Road) at Sandling, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge carrying that road over that railway, commencing in that road at the existing roundabout at its junction with the B2068 Link Road, passing north-eastwards over those two railways and terminating in that road at a point 220 metres north-east of the northern abutment of that existing bridge;In the district of Shepway, parishes of Saltwood and Newington and town of Folkestone, in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e7132"><heading> Saltwood to Folkestone</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn269" class="schProv1"><num>Work No. 18A—</num><content>A railway (3,476 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 17) at its termination, passing eastwards under Sandling Road (Work <abbr title="Number">No.</abbr> 18H) on the northern side of the Ashford and Folkestone Railway and the northern side of the Dollands Moor Freight Yard, then under the roundabout (part of Work <abbr title="Number">No.</abbr> 18J) and terminating at a point on the western side of the M20 at Newington 215 metres south-west of the junction of Newington Road with the A20;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn270" class="schProv1"><num>Work No. 18AA—</num><content>A railway (1,700 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 18A) at its termination, passing eastwards over the M20 and the A20 and an access road within the Channel Tunnel Terminal and terminating by a junction with the Eurotunnel Railway at a point 1,430 metres east of the western end of the bridge carrying that railway over the A20, including bridges over the M20, the A20 and the said access road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn271" class="schProv1"><num>Work No. 18B—</num><content>A railway (4,400 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 17) at its termination, passing eastwards on the northern side of the Ashford and Folkestone Railway, under Sandling Road (Work <abbr title="Number">No.</abbr> 18H), then over the Saltwood Tunnel on that railway, continuing on the southern side of that railway and the Dollands Moor Freight Yard, over the railway (Work <abbr title="Number">No.</abbr> 18E), under the B2065 (Hythe Road) (Work <abbr title="Number">No.</abbr> 18J), on existing bridges over the M20 and the A20 and terminating by a junction with the Eurotunnel Railway at a point 570 metres east of the eastern end of the bridge carrying that railway over the A20, including a bridge over Work <abbr title="Number">No.</abbr> 18E;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn272" class="schProv1"><num>Work No. 18C—</num><content>A railway (1,591 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 18B) at chainage 369 metres, passing eastwards on the southern side of the railway (Work <abbr title="Number">No.</abbr> 18A), then south-eastwards and terminating by a junction with the northern sidings of the Dollands Moor Freight Yard at a point 370 metres east of the eastern portal of the Saltwood Tunnel;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn273" class="schProv1"><num>Work No. 18D—</num><content>A railway (352 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 18A) at chainage 588 metres, passing eastwards and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 18C) at chainage 571 metres;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn274" class="schProv1"><num>Work No. 18E—</num><content>A deviation railway (2,136 metres in length), forming a diversion of the Ashford and Folkestone Railway, commencing by a junction with that railway at the eastern portal of the Saltwood Tunnel, passing eastwards under the railway (Work <abbr title="Number">No.</abbr> 18B) and the B2065 (Hythe Road) (Work <abbr title="Number">No.</abbr> 18J) and terminating by a junction with the Ashford and Folkestone Railway at a point 470 metres west of the bridge carrying Cheriton High Street over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn275" class="schProv1"><num>Work No. 18F—</num><content>A railway (1,423 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 18E) at chainage 150 metres, passing eastwards under the B2065 (Hythe Road) (Work <abbr title="Number">No.</abbr> 18J), and terminating by a junction with the Eurotunnel Railway at a point 365 metres east of the existing bridge carrying that road over the Dollands Moor Freight Yard;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn276" class="schProv1"><num>Work No. 18G—</num><content>A railway (1,272 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 18E) at chainage 750 metres, passing eastwards under the B2065 (Hythe Road) (Work <abbr title="Number">No.</abbr> 18J) and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 18B) at a point 90 metres east of the western end of the bridge carrying that railway over the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn277" class="schProv1"><num>Work No. 18H—</num><content>Realignment of Sandling Road, including a bridge over the railways (Works <abbr title="Numbers">Nos.</abbr> 18A and 18B), commencing in that road at the bridge carrying that road over the Ashford and Folkestone Railway, passing north-westwards over those railways and terminating in Sandling Road at a point 140 metres south-east of the junction of that road with the A20 (Ashford Road), including a bridge over Works <abbr title="Numbers">Nos.</abbr> 18A and 18B;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn278" class="schProv1"><num>Work No. 18J—</num><content>Realignment of the B2065 (Hythe Road), including a roundabout at the junction of that road with the exit slip road from the Channel Tunnel Terminal (Work <abbr title="Number">No.</abbr> 18K) and bridges carrying that roundabout over the railway (Work <abbr title="Number">No.</abbr> 18A), commencing in the B2065 at a point 183 metres south of the centre of the roundabout at the Beechborough Cross Roads, passing southwards over Work <abbr title="Number">No.</abbr> 18A, then on viaduct over Dollands Moor Freight Yard and over the railways (Works <abbr title="Numbers">Nos.</abbr> 18B, 18E, 18F and 18G) and terminating in the B2065 at a point 215 metres north of its junction with the bridleway HE 260, including the said roundabout bridges and viaduct;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn279" class="schProv1"><num>Work No. 18K—</num><content>A road commencing by a junction with the north-eastern side of the roundabout (part of Work <abbr title="Number">No.</abbr> 18J), passing north-eastwards and eastwards and terminating by a junction with the exit slip road from the Channel Tunnel Terminal at a point 250 metres from the western end of the bridge carrying that road over the M20;In the London Borough of Hammersmith and Fulham—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e7286"><heading> White City Sidings</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn280" class="schProv1"><num>Work No. 19—</num><content>A railway (1,050 metres in length), forming a diversion of the northbound track of the West London Line between North Pole Junction and Kensington Olympia, commencing by a junction with that railway at a point 25 metres south-east of the bridge over that railway beneath Westway west of the junction of that road with West Cross Route, passing south-eastwards on the western side of that railway under the bridge carrying the Hammersmith and City Line of the London Underground over that railway and terminating by a junction with the West London Line at a point 170 metres north of the northern portal of the tunnel in which that railway passes beneath the junction of West Cross Route with Holland Park Avenue, Shepherds Bush Green and the Uxbridge Road;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn281" class="schProv1"><num>Work No. 19A—</num><content>A railway (715 metres in length), forming a siding of the West London Line, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 19) at its commencement, passing south-eastwards on the eastern side of that railway, under the bridge carrying the Hammersmith and City Line of the London Underground over that railway and terminating at a point 258 metres south of the southern side of the said railway bridge;In the borough of Gravesham, parishes of Shorne and Higham, in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e7307"><heading> Hoo Sidings</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn282" class="schProv1"><num>Work No. 20A—</num><content>A railway (1,111 metres in length), forming sidings of the Gravesend and Higham Railway at Hoo Junction, commencing by a junction with that railway on the eastern side of the Queens Farm Road level crossing on that railway, passing eastwards on the northern side of that railway, then north-eastwards on the southern side of the Grain Branch of that railway and terminating at a point 120 metres south of the south-western abutment of the bridge carrying that railway over the former Thames and Medway Canal;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn283" class="schProv1"><num>Work No. 20B—</num><content>A railway (827 metres in length), forming sidings of the Gravesend and Higham Railway at Hoo Junction, commencing by a junction with that railway on the eastern side of the Queens Farm Road level crossing on that railway, passing eastwards then south-eastwards on the southern side of that railway and terminating at the eastern end of the existing siding of that railway, including railway sidings;In the districts of Dover and Thanet, parishes of Minster and Sandwich, in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e7325"><heading> Richborough Sidings</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn284" class="schProv1"><num>Work No. 21—</num><content>A railway (1,139 metres in length), forming sidings at the Richborough Power Station at Stonelees, commencing by a junction with the Margate and Dover Railway at a point 530 metres north-west of the north-western abutment of the bridge carrying that railway over the River Stour, passing south-eastwards and terminating at a point 470 metres west of the north-western end of the culvert carrying the A256 (Ramsgate Road) over Minster Stream, including railway sidings.</content></paragraph></hcontainer></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-paragraph-1" class="schProv1"><num>1</num><content>The works which the nominated undertaker is authorised by section 1 above to construct and maintain are the following—In the London Boroughs of Camden and Islington—</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e3670"><heading><abbr title="Saint">St.</abbr> Pancras to Highbury Corner</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn1" class="schProv1"><num>Work No. 1—</num><content>Railways between <abbr title="Saint">St.</abbr> Pancras and Highbury Corner and related works comprising the following railways, including a station terminus at St Pancras for international and domestic services and the provision of facilities in connection therewith—</content></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e3684"><heading> International High Speed Railway</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn2" class="schProv1"><num>Work No. 1A—</num><content>A railway (741 metres in length) commencing in the intended <abbr title="Saint">St.</abbr> Pancras Station, passing north-westwards over the new road (Work <abbr title="Number">No.</abbr> 5D), then northwards over the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A) and terminating at a point 33 metres south of the southern abutment of the existing bridge over the Regent’s Canal, including bridges over Works <abbr title="Numbers">Nos.</abbr> 5A and 5D;</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn3" class="schProv1"><num>Work No. 1AA—</num><content>A railway (2,189 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1A) at its termination, passing northwards over the Regent’s Canal and the railway (Work <abbr title="Number">No.</abbr> 2) in tunnel, then passing north-eastwards over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), the railways (Works <abbr title="Numbers">Nos.</abbr> 2AA and 2BB) in tunnel and the East Coast Main Line to a tunnel portal 65 metres to the east of that railway, then passing in tunnel over the Piccadilly Line then beneath Caledonian Road, Westbourne Road and Liverpool Road and terminating at Highbury Corner beneath the junction of that road with Highbury Place, including bridges over the Regent’s Canal, Work <abbr title="Number">No.</abbr> 5Q and the East Coast Main Line;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn4" class="schProv1"><num>Work No. 1B—</num><content>A railway (737 metres in length) commencing in the intended <abbr title="Saint">St.</abbr> Pancras Station, passing north-westwards over the new road (Work <abbr title="Number">No.</abbr> 5D), then northwards over the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A) and terminating at a point 30 metres south of the southern abutment of the existing bridge over the Regent’s Canal, including bridges over Works <abbr title="Numbers">Nos.</abbr> 5A and 5D;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn5" class="schProv1"><num>Work No. 1BB—</num><content>A railway (2,182 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1B) at its termination, passing northwards over the Regent’s Canal and the railway (Work <abbr title="Number">No.</abbr> 2) in tunnel, then passing north-eastwards in tunnel beneath the railway (Work <abbr title="Number">No.</abbr> 1CC) for a distance of 150 metres, then over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), the railways (Works <abbr title="Numbers">Nos.</abbr> 2AA and 2BB) in tunnel and the East Coast Main Line to a tunnel portal 65 metres to the east of that railway, then passing in tunnel over the Piccadilly Line then beneath Caledonian Road, Westbourne Road and Liverpool Road and terminating at Highbury Corner beneath the junction of that road with Highbury Place, including bridges over the Regent’s Canal, Work <abbr title="Number">No.</abbr> 5Q and the East Coast Main Line;</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e3769"><heading> Domestic Railway</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn6" class="schProv1"><num>Work No. 1C—</num><content>A railway (533 metres in length) commencing in the intended <abbr title="Saint">St.</abbr> Pancras Station at a point 15 metres north-west of the existing junction of Clarence Passage with Pancras Road, passing north-westwards on the eastern side of the existing Midland Main Line, over the new road (Work <abbr title="Number">No.</abbr> 5D) and the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A), and terminating at a point 25 metres south of the southern abutment of the existing bridge over the Regent’s Canal, including bridges over Works <abbr title="Numbers">Nos.</abbr> 5A and 5D;</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn7" class="schProv1"><num>Work No. 1CC—</num><content>A railway (650 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1C) at its termination, passing northwards over the Regent’s Canal, then passing north-eastwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 1BB and 1DD) in tunnel, then over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q) and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 1AA) at a point 100 metres north-east of the existing York Way bridge, including bridges over the Regent’s Canal and Work <abbr title="Number">No.</abbr> 5Q;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn8" class="schProv1"><num>Work No. 1D—</num><content>A railway (534 metres in length) commencing in the intended <abbr title="Saint">St.</abbr> Pancras Station at a point 15 metres north-west of the existing junction of Clarence Passage with Pancras Road, passing north-westwards on the eastern side of the existing Midland Main Line, over the new road (Work <abbr title="Number">No.</abbr> 5D) and the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A), and terminating at a point 30 metres south of the southern abutment of the existing bridge over the Regent’s Canal, including bridges over Works <abbr title="Numbers">Nos.</abbr> 5A and 5D;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn9" class="schProv1"><num>Work No. 1DD—</num><content>A railway (680 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1D) at its termination, passing northwards over the railway (Work <abbr title="Number">No.</abbr> 2) in tunnel and the Regent’s Canal, then passing north-eastwards in tunnel beneath the railway (Work <abbr title="Number">No.</abbr> 1CC) for a distance of 150 metres, then over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q) and the railways (Works <abbr title="Numbers">Nos.</abbr> 2AA and 2BB) in tunnel, and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 1BB) at a point 125 metres north-east of the existing York Way bridge, including bridges over the Regent’s Canal and Work <abbr title="Number">No.</abbr> 5Q;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn10" class="schProv1"><num>Work No. 1EE—</num><content>A railway (767 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1AA) at a point on the existing bridge over the Regent’s Canal, passing northwards over the Midland City Line (Thameslink) in tunnel, then north-westwards and westwards, then on viaduct over the Midland City Line (Thameslink), the diverted Midland Main Line (Work <abbr title="Number">No.</abbr> 3B) and the railways (Works <abbr title="Numbers">Nos.</abbr> 1HH and 3C) and terminating by a junction with the North London Line at a point 15 metres east of the bridge carrying that railway over St Pancras Way, including the said viaduct;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn11" class="schProv1"><num>Work No. 1FF—</num><content>A railway (394 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1EE) at a point 95 metres north of the northern abutment of the existing bridge over the Regent’s Canal, passing northwards and north-eastwards under the railway (Work <abbr title="Number">No.</abbr> 1GG) and terminating by a junction with the realigned North London Incline Railway (Work <abbr title="Number">No.</abbr> 1JJ) at a point 30 metres west of the bridge carrying York Way over that railway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn12" class="schProv1"><num>Work No. 1GG—</num><content>A railway (696 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1EE) at a point 40 metres east of the bridge carrying the North London Line over <abbr title="Saint">St.</abbr> Pancras Way, passing eastwards on viaduct over the diverted Midland Main Line (Work <abbr title="Number">No.</abbr> 3B), the railways (Works <abbr title="Numbers">Nos.</abbr> 1HH and 3C) and the Midland City Line (Thameslink), then continuing on viaduct, passing south-eastwards over the new road (Work <abbr title="Number">No.</abbr> 5EE) and the railway (Work <abbr title="Number">No.</abbr> 1FF) and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 1AA) at a point 40 metres west of the bridge carrying York Way over the North London Incline Railway, including the said viaduct;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn13" class="schProv1"><num>Work No. 1HH—</num><content>A railway (610 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1EE) at a point 55 metres north of the northern abutment of the existing bridge over the Regent’s Canal, passing northwards over the Midland City Line (Thameslink) in tunnel, then under the railways (Works <abbr title="Numbers">Nos.</abbr> 1EE, 1GG and 1JJ) and the existing bridge carrying the North London Line over the Midland Main Line and terminating by a junction with that railway at a point beneath the southern parapet of the bridge carrying Agar Grove over that railway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn14" class="schProv1"><num>Work No. 1JJ—</num><content>A railway (955 metres in length), forming a realignment of the North London Incline Railway, commencing by a junction with the North London Line at a point 130 metres east of the bridge carrying that railway over <abbr title="Saint">St.</abbr> Pancras Way, passing eastwards then south-eastwards, then on viaduct over the diverted Midland Main Line (Work <abbr title="Number">No.</abbr> 3B), the railways (Works <abbr title="Numbers">Nos.</abbr> 1HH and 3C), the Midland City Line (Thameslink) and the new road (Work <abbr title="Number">No.</abbr> 5EE), then over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), then passing northwards under the North London Line on viaduct and terminating by a junction with the Great Northern Suburban Line at the southern portal of the western bore of the Copenhagen Tunnel, including the said viaduct and a bridge over Work <abbr title="Number">No.</abbr> 5Q;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn15" class="schProv1"><num>Work No. 1K—</num><content>A railway (103 metres in length), forming a cross-over between the diverted Midland Main Line (Work <abbr title="Number">No.</abbr> 3B) and the railway (Work <abbr title="Number">No.</abbr> 1A), commencing by a junction with Work <abbr title="Number">No.</abbr> 3B at its commencement and terminating by a junction with Work <abbr title="Number">No.</abbr> 1A at its termination;</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e3971"><heading> Thameslink, <abbr title="Saint">St.</abbr> Pancras and King’s Cross</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn16" class="schProv1"><num>Work No. 2—</num><content>A railway (876 metres in length), including a station tunnel on the Midland City Line (Thameslink) beneath <abbr title="Saint">St.</abbr> Pancras Station, commencing by a junction with that railway in tunnel at a point beneath Midland Road 145 metres north-east of the existing junction of that road with Euston Road, passing in tunnel north-westwards and northwards beneath the Regent’s Canal and terminating by a junction with that railway in tunnel at a point beneath the existing Midland Main Line 55 metres north of the northern abutment of the bridge carrying that last-mentioned railway over that canal;</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn17" class="schProv1"><num>Work No. 2A—</num><content>A railway (325 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 2) in tunnel at a point beneath the existing Midland Main Line 250 metres south of the southern abutment of the bridge carrying that railway over Camley Street, passing in tunnel northwards on the western side of Work <abbr title="Number">No.</abbr> 2 beneath the railways (Works <abbr title="Numbers">Nos.</abbr> 1A and 1B) and the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A) and terminating in tunnel at a point beneath the railway (Work <abbr title="Number">No.</abbr> 1D) 90 metres south of the southern abutment of the existing bridge over the Regent’s Canal;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn18" class="schProv1"><num>Work No. 2AA—</num><content>A railway (883 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 2A) at its termination, passing in tunnel north-eastwards beneath the railways (Works <abbr title="Numbers">Nos.</abbr> 1C and 2), <abbr title="Saint">St.</abbr> Pancras Basin, the Regent’s Canal and the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), then passing north-eastwards and northwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 1AA, 1BB and 1DD) to a tunnel portal at a point 40 metres south of the southern side of the viaduct carrying the North London Line over the East Coast Main Line, then continuing under the North London Line on viaduct and terminating by a junction with the Great Northern Suburban Line at the southern portal of the western bore of the Copenhagen Tunnel on that railway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn19" class="schProv1"><num>Work No. 2B—</num><content>A railway (255 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 2) in tunnel at the said point beneath the existing Midland Main Line 250 metres south of the southern abutment of the bridge carrying that railway over Camley Street, passing in tunnel northwards on the eastern side of Work <abbr title="Number">No.</abbr> 2 beneath the railways (Works <abbr title="Numbers">Nos.</abbr> 1A, 1B, 1C and 1D) and terminating in tunnel at a point beneath the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A) 150 metres south-east of the southern abutment of the existing bridge over the Regent’s Canal;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn20" class="schProv1"><num>Work No. 2BB—</num><content>A railway (928 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 2B) at its termination, passing in tunnel north-eastwards beneath <abbr title="Saint">St.</abbr> Pancras Basin, the Regent’s Canal and the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), then passing north-eastwards and northwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 1AA, 1BB and 1DD) to a tunnel portal at a point 35 metres south of the southern side of the viaduct carrying the North London Line over the East Coast Main Line, then continuing under the North London Line on viaduct and terminating by a junction with the Great Northern Suburban Line at the said southern portal of the western bore of the Copenhagen Tunnel on that railway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn21" class="schProv1"><num>Work No. 2C—</num><content>A railway (80 metres in length), forming a cross-over between the northbound and southbound rails of the Great Northern Suburban Line in tunnel within the western bore of the Copenhagen Tunnel, commencing and terminating by junctions with that railway at points respectively 50 metres and 130 metres north of the southern portal of that tunnel;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn22" class="schProv1"><num>Work No. 2D—</num><content>A railway (240 metres in length), forming cross-overs between the northbound and southbound rails of the City Widened Lines (Thameslink) partly within the Clerkenwell <abbr title="Number">No.</abbr> 3 Tunnel, commencing by a junction with that railway in tunnel beneath the junction of Frederick Street with the Kings Cross Road, passing north-westwards beneath Acton Street, Swinton Street, Wicklow Street and Britannia Street and terminating by a junction with that railway at a point 10 metres south-east of the bridge carrying Leeke Street over that railway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn23" class="schProv1"><num>Work No. 2E—</num><content>A railway (349 metres in length), forming a cross-over between the Midland City Line (Thameslink) and the Midland Main Line at Kentish Town, commencing by a junction with that first named railway at a point 20 metres south-east of the south-eastern side of the bridge carrying Islip Street over that railway, passing south-eastwards and terminating by a junction with that last named railway at a point 85 metres north-west of the north-western portal of the Camden Road Tunnel;</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e4086"><heading> Midland Main Line</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn24" class="schProv1"><num>Work No. 3—</num><content>A railway (645 metres in length), forming a diversion of the Midland Main Line at <abbr title="Saint">St.</abbr> Pancras Station, commencing at its terminus in that station, passing north-westwards on the western side of the existing railway, including a western extension of the station over Midland Road and Pancras Road, then northwards over the new road (Work <abbr title="Number">No.</abbr> 5D) and the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A) and terminating at a point on the northern side of Work <abbr title="Number">No.</abbr> 5A 140 metres south of the existing bridge over the Regent’s Canal, including bridges over Works <abbr title="Numbers">Nos.</abbr> 5A and 5D;</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn25" class="schProv1"><num>Work No. 3B—</num><content>A railway (846 metres in length), forming a continuation of the diversion of the Midland Main Line at <abbr title="Saint">St.</abbr> Pancras Station, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 3) at its termination, passing northwards over the Regent’s Canal, under the railways (Works <abbr title="Numbers">Nos.</abbr> 1EE, 1GG and 1JJ) on viaduct and the existing bridge carrying the North London Line over the Midland Main Line and terminating by a junction with that railway beneath a point 30 metres north of the southern parapet of the bridge carrying Agar Grove over that railway, including a bridge over the Regent’s Canal;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn26" class="schProv1"><num>Work No. 3C—</num><content>A railway (876 metres in length), forming a siding on the western side of the diverted Midland Main Line (Works <abbr title="Numbers">Nos.</abbr> 3 and 3B) north of <abbr title="Saint">St.</abbr> Pancras Station, commencing at a point 60 metres south of the bridge carrying that railway over the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A), passing northwards over Work <abbr title="Number">No.</abbr> 5A and the Regent’s Canal, under the railways (Works <abbr title="Numbers">Nos.</abbr> 1EE, 1GG and 1JJ) on viaduct and the existing bridge carrying the North London Line over the Midland Main Line and terminating by a junction with that railway beneath a point 15 metres south of the said southern parapet of the bridge carrying Agar Grove over that railway, including bridges over Work <abbr title="Number">No.</abbr> 5A and the Regent’s Canal;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn27" class="schProv1"><num>Work No. 3D—</num><content>A railway (71 metres in length), forming a cross-over between the northbound and southbound rails of the Midland Main Line, commencing by a junction with that railway at the northern portal of the Camden Road Tunnel on that railway, passing northwards and terminating by a junction with that railway at a point 70 metres north of its commencement;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn28" class="schProv1"><num>Work No. 3E—</num><content>A railway (829 metres in length), for construction purposes, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1HH) at a point 110 metres south-east of the southern side of the bridge carrying the North London Line over the Midland Main Line, passing south-eastwards, then eastwards and north-eastwards under the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), then passing northwards and terminating by a junction with the Great Northern Suburban Line at a point 65 metres south of the southern side of the viaduct carrying the North London Line over that railway;</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e4168"><heading> London Underground: ticket halls and subways</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn29" class="schProv1"><num>Work No. 4—</num><content>Ticket halls and subways, including alteration of existing ticket halls and subways, of the London Underground Railways comprising—</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn30" class="schProv1"><num>Work No. 4A—</num><content>A passenger subway commencing on the eastern side of the intended <abbr title="Saint">St.</abbr> Pancras Station beneath a point 22 metres north of the existing junction of Clarence Passage with Pancras Road, passing south-eastwards to a ticket hall beneath the northern side of the forecourt of the Great Northern Hotel and terminating by a junction with the passenger subways (Works <abbr title="Numbers">Nos.</abbr> 4AA and 4F) beneath a point 26 metres north of the north-eastern corner of the Great Northern Hotel, including the said ticket hall;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn31" class="schProv1"><num>Work No. 4AA—</num><content>A passenger subway commencing by a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4A) at its termination and the passenger subway (Work <abbr title="Number">No.</abbr> 4F) at its commencement, passing eastwards to junctions with the passenger subway (Work <abbr title="Number">No.</abbr> 4MM) then continuing south-eastwards to a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4D), continuing eastwards and terminating by a junction with the existing passenger subway beneath a point 14 metres west of the junction of Caledonian Road with Pentonville Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn32" class="schProv1"><num>Work No. 4B—</num><content>A ticket hall in the German Gym off Pancras Road and a passenger subway commencing on the south-western side of that building at a point 40 metres west of the existing junction of Wellers Court with Cheney Road, passing south-eastwards, then south-westwards and terminating by a junction with the subway (Work <abbr title="Number">No.</abbr> 4A) beneath a point 23 metres east of the junction of Wellers Court with Pancras Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn33" class="schProv1"><num>Work No. 4C—</num><content>A passenger subway, forming a cross-passage between northbound and southbound station tunnels of the Victoria Line, commencing beneath a point 29 metres north-west of the junction of Caledonian Road with Pentonville Road; and terminating beneath a point 45 metres north-west of that road junction;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn34" class="schProv1"><num>Work No. 4D—</num><content>A passenger subway, including a lift shaft, commencing by a junction with the cross-passage (Work <abbr title="Number">No.</abbr> 4C) beneath a point 35 metres north-west of the junction of Caledonian Road with Pentonville Road, passing south-westwards to a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4A) at its termination and terminating by a junction with the cross-passage (Work <abbr title="Number">No.</abbr> 4E) beneath a point 55 metres west of that road junction;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn35" class="schProv1"><num>Work No. 4E—</num><content>A passenger subway, forming a cross-passage between northbound and southbound station tunnels of the Victoria Line, commencing and terminating beneath points 95 metres and 80 metres respectively south-east of the junction of Caledonia Street with York Way;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn36" class="schProv1"><num>Work No. 4F—</num><content>A passenger subway commencing by a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4A) at its termination and the passenger subway (Work <abbr title="Number">No.</abbr> 4AA) at its commencement beneath a point 26 metres north of the north-eastern corner of the Great Northern Hotel, passing south-westwards and terminating by a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4G) beneath a point in Pancras Road 40 metres south-west of the south-western corner of that building;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn37" class="schProv1"><num>Work No. 4G—</num><content>A passenger subway, including a lift shaft, commencing by a junction with the cross-passage (Work <abbr title="Number">No.</abbr> 4Q), passing eastwards to junctions with the cross-passage (Work <abbr title="Number">No.</abbr> 4R) and with the passenger subway (Work <abbr title="Number">No.</abbr> 4F) at its termination, and terminating by a junction with the existing cross-passage between northbound and southbound station tunnels of the Northern Line beneath a point 60 metres north-east of the existing junction of Pancras Road with Euston Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn38" class="schProv1"><num>Work No. 4H—</num><content>A passenger subway commencing in the ticket hall (part of Work <abbr title="Number">No.</abbr> 4A) beneath a point 48 metres north of the north-eastern corner of the Great Northern Hotel, passing south-eastwards and terminating by a junction with the existing passenger subway beneath a point 40 metres south-east of that corner of that building;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn39" class="schProv1"><num>Work No. 4J—</num><content>A passenger subway commencing in the existing ticket hall beneath the station concourse of King’s Cross Station beneath a point 40 metres north of the junction of Pancras Road with Euston Road and terminating in <abbr title="Saint">St.</abbr> Pancras Station beneath a point 60 metres north-west of that road junction;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn40" class="schProv1"><num>Work No. 4K—</num><content>A ticket hall beneath the forecourt of <abbr title="Saint">St.</abbr> Pancras Station off Euston Road and a passenger subway commencing in that ticket hall beneath a point 100 metres west of the junction of Pancras Road with Euston Road, passing south-eastwards then north-eastwards and terminating by a junction with the Circle and Metropolitan Line Station concourse beneath a point 95 metres south-west of that road junction;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn41" class="schProv1"><num>Work No. 4L—</num><content>A passenger subway commencing in <abbr title="Saint">St.</abbr> Pancras Station at a point 75 metres west of the junction of Pancras Road with Euston Road, passing south-eastwards beneath Euston Road and terminating in the footway on the southern side of Euston Road at a point 75 metres south-west of that road junction, including a junction with the new ticket hall (part of Work <abbr title="Number">No.</abbr> 4K) and a permanent opening in Euston Road at that termination;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn42" class="schProv1"><num>Work No. 4MM—</num><content>A passenger subway, including a lift shaft, commencing by a junction with the existing Piccadilly Line Station concourse beneath a point 56 metres north-west of the junction of York Way with Euston Road, passing northwards to junctions with the passenger subway (Work <abbr title="Number">No.</abbr> 4AA) and the cross passage (Work <abbr title="Number">No.</abbr> 4N) then continuing south-eastwards and terminating by a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4AA) beneath a point 45 metres north-east of that road junction;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn43" class="schProv1"><num>Work No. 4N—</num><content>A passenger subway, forming a cross-passage between westbound and eastbound station tunnels of the Piccadilly Line, commencing beneath a point 35 metres west of the junction of Caledonia Street with York Way and terminating beneath a point 46 metres west of that road junction;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn44" class="schProv1"><num>Work No. 4P—</num><content>A passenger subway, including a lift shaft, commencing in the ticket hall (part of Work <abbr title="Number">No.</abbr> 4A) beneath a point 17 metres east of the north-eastern corner of the Great Northern Hotel, passing south-eastwards, then south-westwards and south-eastwards and terminating beneath that building at a point 11 metres north-west of the south-eastern corner of that hotel;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn45" class="schProv1"><num>Work No. 4Q—</num><content>A passenger subway, forming a cross-passage between southbound and northbound station tunnels of the Northern Line, commencing beneath a point 70 metres south of the existing junction of Cheney Road with Pancras Road and terminating beneath a point 82 metres south of that road junction;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn46" class="schProv1"><num>Work No. 4R—</num><content>A passenger subway, forming a cross-passage between southbound and northbound station tunnels of the Northern Line, commencing beneath a point 72 metres south of the existing junction of Cheney Road with Pancras Road and terminating beneath a point 84 metres south of that road junction;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn47" class="schProv1"><num>Work No. 4S—</num><content>A passenger subway, including a lift shaft, commencing in the existing passenger subway beneath a point 33 metres north of the junction of Belgrove Street with Euston Road and terminating at the Circle and Metropolitan Line Station concourse beneath a point 20 metres north of that road junction;</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e4362"><heading> Associated Works</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn48" class="schProv1"><num>Work No. 5—</num><content>Roadworks and sewer diversions associated with Works <abbr title="Numbers">Nos.</abbr> 1 to 4 comprising—</content></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e4374"><heading> Roadworks</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn49" class="schProv1"><num>Work No. 5A—</num><content>Realignment of Camley Street commencing at a point in that road 50 metres south of its junction with Granary Street, passing south-eastwards then eastwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 1A to 1D and 3), then south-eastwards and terminating by a junction with Camley Street (Work <abbr title="Number">No.</abbr> 5C) at a point on the western side of that road 44 metres north-west of its existing junction with Goods Way;</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn50" class="schProv1"><num>Work No. 5B—</num><content>A road commencing in Pancras Road at a point 20 metres south-east of the entrance from that road to <abbr title="Saint">St.</abbr> Pancras Old Church, passing south-eastwards then southwards to a junction with Brill Place and terminating in Midland Road at its existing junction with Euston Road, including access to a service area in <abbr title="Saint">St.</abbr> Pancras Station;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn51" class="schProv1"><num>Work No. 5C—</num><content>A road commencing by a junction with Camley Street (Work <abbr title="Number">No.</abbr> 5A) at a point 45 metres north-west of its existing junction with Goods Way, passing south-eastwards to a point 5 metres east of the existing junction of Wellers Court with Cheney Road, then south-westwards to a point 55 metres south of the existing junction of Wellers Court with Pancras Road, then passing south-eastwards along the line of that road and terminating in that road at its existing junction with Euston Road, including access to a service area in <abbr title="Saint">St.</abbr> Pancras Station and a parcels depot;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn52" class="schProv1"><num>Work No. 5D—</num><content>A road commencing by a junction with Work <abbr title="Number">No.</abbr> 5B at a point 175 metres south-east of its commencement, passing north-eastwards beneath the intended <abbr title="Saint">St.</abbr> Pancras Station (Works <abbr title="Numbers">Nos.</abbr> 1A to 1D and 3), across Work <abbr title="Number">No.</abbr> 5C at a point 7 metres south of its commencement and terminating by a junction with Goods Way at a point 155 metres from the junction of that road with York Way;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn53" class="schProv1"><num>Work No. 5D(1)—</num><content>A road, for construction purposes, commencing at a point 43 metres north-west of Battle Bridge Road at its termination west of Kings Cross Station, passing northwards, then north-westwards over Goods Way (Work <abbr title="Number">No.</abbr> 5D) at the termination of that work and over the Regent’s Canal, then south-westwards and terminating by a junction with Wharf Road at a point 45 metres west of the existing bridge between Wharf Road and Goods Way, including bridges over Goods Way and the Regent’s Canal;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn54" class="schProv1"><num>Work No. 5D(2)—</num><content>Widening of Wharf Road on its northern side between a point 50 metres west of the western side of the existing bridge over the Regent’s Canal between Wharf Road and Goods Way and a point 15 metres east of the eastern side of that bridge;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn55" class="schProv1"><num>Work No. 5EE—</num><content>A road commencing by a junction with the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q) at a point 70 metres south of the bridge carrying the North London Line over that road, passing westwards then south-westwards and southwards under the realigned North London Incline Railway (Work <abbr title="Number">No.</abbr> 1JJ) and the railway (Work <abbr title="Number">No.</abbr> 1GG) and terminating at a point 150 metres south-east of the existing bridge carrying the North London Line over the Midland Main Line;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn56" class="schProv1"><num>Work No. 5F—</num><content>A road commencing by a junction with Pancras Road (Work <abbr title="Number">No.</abbr> 5C) at a point 75 metres from its termination, passing north-eastwards, then northwards and north-westwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 5C at the south-eastern corner of the German Gym in Cheney Road as existing, including access to a parcels depot;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn57" class="schProv1"><num>Work No. 5F(1) —</num><content>A road commencing by a junction with Work <abbr title="Number">No.</abbr> 5F at a point 65 metres from the commencement of that work, passing westwards and north-westwards along the frontage of the Great Northern Hotel, then continuing northwards and north-eastwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 5F at a point 75 metres from the termination of that work;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn58" class="schProv1"><num>Work No. 5G—</num><content>Widening of Euston Road on its southern side between its junctions with Crestfield Street and Birkenhead Street;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn59" class="schProv1"><num>Work No. 5H—</num><content>Widening of Euston Road on its northern side between its junction with Euston Square and a point 45 metres north-east of that road junction;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn60" class="schProv1"><num>Work No. 5Q—</num><content>A road, forming a diversion of York Way, commencing at a point in that road 80 metres north of the junction of Copenhagen Street with York Way, passing northwards then north-westwards over the railway (Work <abbr title="Number">No.</abbr> 3E) and the railways (Works <abbr title="Numbers">Nos.</abbr> 2AA and 2BB) in tunnel, then northwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 1AA, 1BB, 1CC, 1DD and 1JJ) to a junction with the new road (Work <abbr title="Number">No.</abbr> 5EE), then continuing northwards under the North London Line and terminating at a point in York Way 10 metres north-west of the junction of Vale Royal with York Way;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn61" class="schProv1"><num>Work No. 5Q(1)—</num><content>A road, forming a diversion of Randell’s Road, commencing by a junction with the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q) at a point 20 metres west of the existing junction of Randell’s Road with York Way, passing eastwards and terminating at a point in Randell’s Road 55 metres east of that existing road junction;</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e4525"><heading> Sewer diversions</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn62" class="schProv1"><num>Work No. 5J—</num><content>A sewer, forming a diversion of part of the Fleet Sewer, commencing by a junction with that sewer beneath a point in Pancras Road 35 metres south-east of the junction of Chenies Place with that street, passing along the line of Work <abbr title="Number">No.</abbr> 5B to its junction with Brill Place, then passing eastwards beneath the intended <abbr title="Saint">St.</abbr> Pancras Station, then southwards on the eastern side of that station and terminating beneath a point in Pancras Road 5 metres north of the existing junction of Wellers Court with that road, including a weir chamber at its junction with the Fleet Storm Relief Sewer;</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn63" class="schProv1"><num>Work No. 5K—</num><content>A sewer, forming a diversion of the Midland Road sewer, commencing by a junction with that sewer beneath a point in Midland Road 140 metres north of its existing junction with Euston Road, passing north-westwards then northwards beneath land adjoining Midland Road and terminating by a junction with Work <abbr title="Number">No.</abbr> 5J beneath a point on the north-western side of Brill Place at its existing junction with Midland Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn64" class="schProv1"><num>Work No. 5LL—</num><content>A sewer, forming a diversion of part of the Camden Sewer, commencing by a junction with that sewer beneath a point 10 metres north of the bridge carrying the North London Line over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), passing southwards, south-eastwards, then southwards and south-westwards and terminating by a junction with that sewer beneath a point 110 metres west of the Maiden Lane Bridge carrying York Way over the Regent’s Canal;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn65" class="schProv1"><num>Work No. 5N—</num><content>A sewer, forming a diversion of the Camley Street Sewer, commencing by a junction with that sewer beneath a point in that street (Work <abbr title="Number">No.</abbr> 5A) 93 metres from the termination of that work, passing southwards along the line of that work and Work <abbr title="Number">No.</abbr> 5C to a point 15 metres south of Battle Bridge Road, then passing south-eastwards and terminating by a junction with the sewer (Work <abbr title="Number">No.</abbr> 5J) at a point on the northern side of Stanley Passage 35 metres north-east of its existing junction with Pancras Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn66" class="schProv1"><num>Work No. 5P—</num><content>A sewer, forming a diversion of the Goods Way Sewer, commencing by a junction with the sewer (Work <abbr title="Number">No.</abbr> 5N) at a point 105 metres south of the commencement of that work, passing eastwards on the line of the new road (Work <abbr title="Number">No.</abbr> 5D) and terminating by a junction with the Goods Way sewer beneath a point in Goods Way 180 metres west of its junction with York Way;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn67" class="schProv1"><num>Work No. 5R—</num><content>A sewer, forming a diversion of part of the <abbr title="Saint">St.</abbr> Pancras Sewer, commencing by a junction with that sewer beneath a point 38 metres north-west of the junction of Pancras Road with Euston Road, passing northwards, then westwards, north-westwards, then north-eastwards and terminating by a junction with the Fleet Sewer beneath a point 10 metres south-west of the south-eastern gable of the Great Northern Hotel;In the London Boroughs of Islington, Hackney, Newham and Waltham Forest—</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e4598"><heading> Highbury Corner to Stratford</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn68" class="schProv1"><num>Work No. 6—</num><content>A railway (7,229 metres in length) commencing by a junction with the railways (Works <abbr title="Numbers">Nos.</abbr> 1AA and 1BB) at their termination, passing eastwards in tunnel beneath the North London Line, or land adjoining on the northern or southern side thereof, beneath Highbury Corner, Highbury Grove, Wallace Road, Mildmay Park, King Henry’s Walk, Kingsland High Street, Dalston Lane, the Liverpool Street and Cambridge Railway, Mare Street, Barnabas Road, Kenworthy Road, the East Cross Route on the northern side of the North London Line, Eastway, the River Lea Navigation, Waterden Road and the River Lea, including ventilation shafts on lands off Corsica Street and Graham Road, then in retained cutting from chainage 6,147 metres for a distance of 1,067 metres, partly in tunnel beneath the railways (Works <abbr title="Numbers">Nos.</abbr> 6B and 6C) and the access roads (Works <abbr title="Numbers">Nos.</abbr> 6H and 6J), in land west of the High Meads Loop Railway, in the International Freight Terminal and the site of the former Chobham Farm Container Depot at Stratford, and terminating beneath a point on the western side of Angel Lane 60 metres north of the northern abutment of the bridge carrying that road over the Great Eastern Railway, including facilities for a railway crossover and junction at the International Freight Terminal and Depot at Stratford;</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn69" class="schProv1"><num>Work No. 6A—</num><content>A railway (1,368 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 6) at the commencement of the retained cutting forming part of that work, passing eastwards between the eastbound and westbound lines of that railway to a point 210 metres west of the eastern face of the tunnel beneath the railway (Work <abbr title="Number">No.</abbr> 6C), then passing north-eastwards over the eastbound line of Work <abbr title="Number">No.</abbr> 6 and northwards in tunnel beneath the Old Yard Sidings (Work <abbr title="Number">No.</abbr> 6C) and the Lea Valley Line, then continuing north-westwards on the eastern side of that railway and terminating at a point under the bridge carrying Temple Mill Lane over that railway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn70" class="schProv1"><num>Work No. 6B—</num><content>A railway (426 metres in length), for construction purposes, commencing by a junction with the North London Line at a point 10 metres north-west of the junction of that railway with the Channelsea Curve at Stratford Station, passing northwards, on the eastern side of the High Meads Curve, then north-eastwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 6 and 6A) in tunnel and terminating by a junction with the High Meads Sidings at a point 30 metres north-east of the termination of the said tunnel over Works <abbr title="Numbers">Nos.</abbr> 6 and 6A;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn71" class="schProv1"><num>Work No. 6C—</num><content>A railway (836 metres in length) for construction purposes, commencing by a junction with the Lea Valley Line at a point 120 metres north-east of the junction of that railway with the Great Eastern Railway at Stratford Station, passing northwards and north-eastwards through the Old Yard Sidings and terminating by a junction with the Lea Valley Line at a point 130 metres south of the bridge carrying Temple Mill Lane over that railway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn72" class="schProv1"><num>Work No. 6D—</num><content>A railway (1,032 metres in length) commencing in the existing Traction Maintenance Depot at a point 25 metres south-west of the south-western corner of the diesel repair shed in that depot, passing north-eastwards and northwards, then north-westwards on the western side of the Lea Valley Line to a junction with that railway 60 metres south of the bridge carrying Temple Mill Lane over that railway, passing under that bridge, then continuing on the eastern side of the Lea Valley Line and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 6E) at a point 390 metres north of that bridge;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn73" class="schProv1"><num>Work No. 6E—</num><content>A railway (2,720 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 6A) at its termination, passing north-westwards and westwards through the former Temple Mills Marshalling Yard under Ruckholt Road and terminating at a point on the northern side of the Lea Valley Line 15 metres south-east of the eastern side of the bridge carrying Lea Bridge Road over that railway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn74" class="schProv1"><num>Work No. 6E(1)—</num><content>A railway (410 metres in length), for construction purposes, commencing by a junction with the Lea Valley Line at a point 345 metres south-east of the bridge carrying Lea Bridge Road over that railway, passing eastwards and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 6E) at chainage 1,922 metres;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn75" class="schProv1"><num>Work No. 6F—</num><content>A railway (509 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 6E) at a point 30 metres south-east of the bridge carrying Ruckholt Road over the Lea Valley Line, passing westwards under that bridge then south-westwards and terminating by a junction with that railway at a point 459 metres north-west of that bridge;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn76" class="schProv1"><num>Work No. 6G—</num><content>A cut, forming a diversion of the Channelsea River at its confluence with the River Lea, commencing in the Channelsea River at a point 26 metres south of the former sluice on that river at Bully Fen, passing south-westwards and terminating at the confluence of those rivers;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn77" class="schProv1"><num>Work No. 6H—</num><content>An access road commencing by a junction with the access road to the International Freight Terminal on the eastern side of the Container Terminal, passing south-westwards, over Works <abbr title="Numbers">Nos.</abbr> 6 and 6A in tunnel, and southwards through the International Freight Terminal, then south-eastwards, eastwards and north-eastwards on the northern side of the North London Line, then continuing northwards, then eastwards and terminating by a junction with the access road to the Channelsea site, north of Stratford Station;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn78" class="schProv1"><num>Work No. 6J—</num><content>An access road commencing at a point in the existing Traction Maintenance Depot on the western side of the diesel repair shed in that depot, passing south-westwards, then westwards on the northern side of the retained cutting forming part of Work <abbr title="Number">No.</abbr> 6, then south-westwards over that railway and Work <abbr title="Number">No.</abbr> 6A in tunnel, then southwards and south-westwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 6H in the International Freight Terminal;In the London Boroughs of Newham, Redbridge, Barking and Dagenham and Havering—</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e4722"><heading> Stratford to Barrington Road</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn79" class="schProv1"><num>Work No. 7—</num><content>A railway (4,560 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 6) at its termination, passing eastwards in tunnel beneath Angel Lane, The Grove, Atherton Road, Woodgrange Road, Romford Road, Woodgrange Park Cemetery and Browning Road, including a ventilation shaft on land off Woodgrange Road and terminating beneath a point 60 metres east of the junction of Reesland Close with Barrington Road;</content></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e4734"><heading> Barrington Road to Dagenham Dock</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn80" class="schProv1"><num>Work No. 22—</num><content>A railway (6,700 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 7) at its termination, passing eastwards in tunnel beneath the North Circular Road and the River Roding, then south-eastwards beneath Barking Station, Station Parade, Ripple Road and Alfred’s Way, then eastwards beneath Renwick Road and the Ripple Lane Freightliner Terminal to a portal at a point 462 metres south-east of the junction of Morrison Road with Julia Gardens, then continuing eastwards under the railway (Work <abbr title="Number">No.</abbr> 22A) and the new road (Work <abbr title="Number">No.</abbr> 22H(1)), across Chequers Lane (to be stopped up) and under Kent Avenue and terminating at a point 85 metres east of the bridge carrying Kent Avenue over the Tilbury Loop Railway, including ventilation shafts on lands off Barrington Road and Alfred’s Way and a footbridge over the railway at Chequers Lane;</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn81" class="schProv1"><num>Work No. 22A—</num><content>A railway (2,201 metres in length), forming a diversion of the Tilbury Loop Railway westbound line, commencing by a junction with that railway at a point 253 metres east of the junction of Stebbing Way with Wivenhoe Road, passing eastwards under Renwick Road, then south-eastwards and eastwards over the railway in tunnel (Work <abbr title="Number">No.</abbr> 22), under the new road (Work <abbr title="Number">No.</abbr> 22H(1)) and terminating by a junction with the Tilbury Loop Railway westbound line at a point 2 metres west of the western end of Dagenham Dock Station platforms;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn82" class="schProv1"><num>Work No. 22B—</num><content>A railway (2,252 metres in length), forming holding sidings, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 22A) at a point 15 metres west of the bridge carrying Renwick Road over the Tilbury Loop Railway, passing south-eastwards and eastwards, under the new road (Work <abbr title="Number">No.</abbr> 22H(1)) and across Chequers Lane and terminating at a point 120 metres south-east of the eastern end of Dagenham Dock Station platforms, including a footbridge over the railway at Chequers Lane;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn83" class="schProv1"><num>Work No. 22C—</num><content>A railway (1,523 metres in length), for construction purposes, commencing by a junction with the Tilbury Loop Railway at a point 166 metres south-east of the bridge carrying Renwick Road over that railway, passing south-eastwards and eastwards, and terminating at a point 38 metres south-west of the point where the new road (Work <abbr title="Number">No.</abbr> 22H(1)) passes over the railway (Work <abbr title="Number">No.</abbr> 22B), including railway sidings;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn84" class="schProv1"><num>Work No. 22D—</num><content>A railway (280 metres in length) forming a connection between the Tilbury Loop Railway goods line and the railway (Work <abbr title="Number">No.</abbr> 22A), commencing by a junction with the said goods line at a point 468 metres south-east of the bridge carrying Renwick Road over that goods line, passing south-eastwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 22A at a point 742 metres south-east of the said bridge;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn85" class="schProv1"><num>Work No. 22E—</num><content>A railway (1,095 metres in length) forming a connecting line between the railway (Work <abbr title="Number">No.</abbr> 22A) and the railway (Work <abbr title="Number">No.</abbr> 8E), commencing by a junction with Work <abbr title="Number">No.</abbr> 22A at a point 342 metres south of the junction of Morrison Road with Julia Gardens, passing eastwards under the new road (Work <abbr title="Number">No.</abbr> 22H(1)) and across Chequers Lane and terminating by a junction with Work <abbr title="Number">No.</abbr> 8E at a point 180 metres south-east of the eastern end of Dagenham Dock Station platforms, including a footbridge over the railway at Chequers Lane;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn86" class="schProv1"><num>Work No. 22F—</num><content>A railway (648 metres in length) forming a connecting line between the railway (Work <abbr title="Number">No.</abbr> 22A) and the railway (Work <abbr title="Number">No.</abbr> 22), commencing by a junction with Work <abbr title="Number">No.</abbr> 22A at a point 378 metres south-east of the junction of Morrison Road with Julia Gardens, passing eastwards under the new road (Work <abbr title="Number">No.</abbr> 22H(1)) and terminating by a junction with Work <abbr title="Number">No.</abbr> 22 at a point 150 metres west of the eastern end of Dagenham Dock Station platforms;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn87" class="schProv1"><num>Work No. 22G—</num><content>A railway (715 metres in length), for construction purposes, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 22B) at a point 27 metres west of the point where the new road (Work <abbr title="Number">No.</abbr> 22H(1)) passes over Work <abbr title="Number">No.</abbr> 22B, passing eastwards then southwards, and terminating at a point 270 metres south-east of the eastern end of Dagenham Dock Station platforms, including railway sidings;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn88" class="schProv1"><num>Work No. 22J—</num><content>A jetty commencing on the northern bank of the River Thames at a point 190 metres north-west of The Gores outfall sluice, extending in a south-westerly direction into the said river for a distance of 230 metres and there terminating, including a jetty head with mooring dolphins and berthing facilities;</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e4864"><heading> Dagenham Dock to Wennington</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn89" class="schProv1"><num>Work No. 8—</num><content>A railway (5,200 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 22) at its termination, passing eastwards under Thames Avenue (Work <abbr title="Number">No.</abbr> 8R), over the Beam River, and under the intended A13 link road (under construction), then continuing south-eastwards on viaduct over the new road (Work <abbr title="Number">No.</abbr> 8S) and Rainham Creek, and terminating beneath the intended A13 (under construction) at a point 20 metres south-west of the Tilbury Loop Railway;</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn90" class="schProv1"><num>Work No. 8E—</num><content>A railway (906 metres in length), forming a connection between the railway (Work <abbr title="Number">No.</abbr> 22E) and the westbound line of the railway (Work <abbr title="Number">No.</abbr> 8), commencing by a junction with Work <abbr title="Number">No.</abbr> 22E at its termination, passing south-eastwards under Kent Avenue (Work <abbr title="Number">No.</abbr> 8Q) and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 8) at a point 30 metres west of the intended Thames Avenue bridge (Work <abbr title="Number">No.</abbr> 8R);</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn91" class="schProv1"><num>Work No. 8G—</num><content>A railway (1,330 metres in length), forming a connection between the Tilbury Loop Railway and the eastbound line of the railway (Work <abbr title="Number">No.</abbr> 8), commencing by a junction with the Tilbury Loop Railway 10 metres east of the eastern end of Dagenham Dock Station, passing eastwards on the southern side of that line under Kent Avenue (Work <abbr title="Number">No.</abbr> 8Q) and Thames Avenue (Work <abbr title="Number">No.</abbr> 8R), over the Beam River and terminating by a junction with Work <abbr title="Number">No.</abbr> 8 at a point 215 metres east of the intended Thames Avenue bridge (Work <abbr title="Number">No.</abbr> 8R), including a bridge over the Beam River;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn92" class="schProv1"><num>Work No. 8H—</num><content>A railway (279 metres in length), connecting the goods line (Work <abbr title="Number">No.</abbr> 22B) with a private siding west of Kent Avenue, commencing by a junction with Work <abbr title="Number">No.</abbr> 22B at its termination, passing south-eastwards and southwards, under the intended A13 and terminating by a junction with the said siding at a point 55 metres south of the footpath crossing that siding east of Breach Lane;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn93" class="schProv1"><num>Work No. 8J—</num><content>A railway (1,452 metres in length), connecting the goods line (Work <abbr title="Number">No.</abbr> 22B) with private sidings east of Kent Avenue, commencing by a junction with Work <abbr title="Number">No.</abbr> 22B at its termination, passing eastwards under Kent Avenue (Work <abbr title="Number">No.</abbr> 8Q) and Thames Avenue (Work <abbr title="Number">No.</abbr> 8R), over the Beam River and terminating at a point 33 metres west of the bridge carrying the intended A13 link road (under construction) over the Tilbury Loop Railway and the railway (Work <abbr title="Number">No.</abbr> 8), including a bridge over the Beam River and railway sidings;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn94" class="schProv1"><num>Work No. 8K—</num><content>A railway (496 metres in length) commencing by a junction with a private siding on the eastern side of Kent Avenue at a point 10 metres south of the southern end of the viaduct carrying that road and railway across Dagenham Breach, passing northwards on that existing viaduct, under the intended A13, then eastwards and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 8J) at a point 300 metres east of the intended Kent Avenue bridge (Work <abbr title="Number">No.</abbr> 8Q);</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn95" class="schProv1"><num>Work No. 8L—</num><content>A railway (301 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 8J) at a point 245 metres west of the intended Thames Avenue bridge (Work <abbr title="Number">No.</abbr> 8R), passing eastwards then southwards and terminating by a junction with a private siding at a point 30 metres north of Lake Road on the western side of Thames Avenue;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn96" class="schProv1"><num>Work No. 22H(1)—</num><content>A road commencing by a junction with Ripple Road at a point on its southern side 23 metres east of the junction of Pooles Lane with that road, passing southwards on the eastern side of Pooles Lane, then south-eastwards and southwards on the line of Choats Manor Way, over a private siding, the diverted Tilbury Loop Railway (Work <abbr title="Number">No.</abbr> 22A) and the railways (Works <abbr title="Numbers">Nos.</abbr> 22, 22B, 22E, 22F and 22G), and terminating at a point 100 metres south-west of the junction of Choats Road with Hindmans Way, including a bridge over the said railways;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn97" class="schProv1"><num>Work No. 22H(2)—</num><content>A road commencing at a point 25 metres west of Pooles Lane at the southern end of that road, passing eastwards and north-eastwards and terminating by a junction with the new road ( Work <abbr title="Number">No.</abbr> 22H(1)) at a point 240 metres from its commencement;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn98" class="schProv1"><num>Work No. 8P(3)—</num><content>A road commencing by a junction with Choats Road at a point 240 metres west of its junction with Hindmans Way, passing eastwards along the line of Choats Road and Hindmans Way to a point 80 metres west of the junction of Hindmans Way with Chequers Lane, then turning southwards and terminating by a junction with Chequers Lane at a point 120 metres south of that last-mentioned road junction;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn99" class="schProv1"><num>Work No. 8P(4)—</num><content>A road commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 8P(3)) at a point 100 metres from its termination, passing north-eastwards and terminating by a junction with Chequers Lane at a point 60 metres north of its junction with Hindmans Way;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn100" class="schProv1"><num>Work No. 8Q—</num><content>Realignment of Kent Avenue, including a bridge over a private siding, the Tilbury Loop Railway and the railways (Works <abbr title="Numbers">Nos.</abbr> 8, 8E, 8G and 8J), commencing in that road at a point 205 metres south of its junction with New Road, Hornchurch, passing southwards over the said railways and terminating in Kent Avenue at a point 10 metres north of the northern end of the viaduct carrying that road over Dagenham Breach;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn101" class="schProv1"><num>Work No. 8R—</num><content>Realignment of Thames Avenue, including a bridge over the Tilbury Loop Railway, the railways (Works <abbr title="Numbers">Nos.</abbr> 8, 8G and 8J) and private sidings, commencing in that road at a point 25 metres south of its junction with New Road, Hornchurch, passing southwards over those railways and terminating in Thames Avenue at the junction of Lake Road with that road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn102" class="schProv1"><num>Work No. 8S—</num><content>A road commencing by a junction with Bridge Road at the roundabout on that road 200 metres south of its junction with New Road, Hornchurch, passing westwards over Rainham Creek, then south-westwards under the Tilbury Loop Railway and the railway (Work <abbr title="Number">No.</abbr> 8), then passing southwards over Rainham Creek at a point 140 metres downstream from the bridge carrying the Tilbury Loop Railway over that river, then south-eastwards and terminating by a junction with Ferry Lane at the southernmost junction of Lamson Road with that road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn103" class="schProv1"><num>Work No. 8T—</num><content>A road, forming an access to the Riverside Sewage Treatment works at Rainham off the new road (Work <abbr title="Number">No.</abbr> 8S), commencing in the said Treatment Works at Creekside Cottages, passing south-eastwards and eastwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 8S at a point 70 metres south-west of the intended viaduct carrying the railway (Work <abbr title="Number">No.</abbr> 8) over that new road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn104" class="schProv1"><num>Work No. 8U(4)—</num><content>A cut, forming a diversion of the Ship and Shovel Relief Channel, commencing by a junction with that watercourse at a point 148 metres from its confluence with The Gores, passing eastwards, then south-eastwards and terminating in The Gores at that confluence;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn105" class="schProv1"><num>Work No. 8U(13)—</num><content>A cut, forming a diversion of The Gores, commencing at the confluence of the Ship and Shovel Relief Channel (Work <abbr title="Number">No.</abbr> 8U(4)) with that stream, passing eastwards then northwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 22, 22A, 22B, 22E, 22F and 22G), and terminating by a junction with The Gores at a point 70 metres east of the northern end of its existing culvert under the Tilbury Loop Railway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn106" class="schProv1"><num>Work No. 8U(6)—</num><content>A cut, forming a diversion of Pooles Sewer, commencing by a junction with that watercourse 85 metres south of the southern side of the existing Manor Way level crossing on the Tilbury Loop Railway, passing eastwards and south-eastwards, then northwards under the railway (Work <abbr title="Number">No.</abbr> 8) and terminating by a junction with that watercourse at the southern end of its culvert under the Tilbury Loop Railway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn107" class="schProv1"><num>Work No. 8U(7)—</num><content>A cut, forming a diversion of the Ferry Lane Sewer, commencing by a junction with that watercourse at the northern end of its culvert under the Tilbury Loop Railway west of Rainham Station, passing southwards under that railway and the railway (Work <abbr title="Number">No.</abbr> 8), then eastwards and southwards and terminating in that watercourse on the western side of Ferry Lane at a point 48 metres south of the existing Ferry Lane level crossing on the Tilbury Loop Railway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn108" class="schProv1"><num>Work No. 8U(8)—</num><content>A cut, forming a diversion of the Rainham Cross Sewer, commencing at a point on the southern side of the Tilbury Loop Railway 375 metres east of the eastern end of Rainham Station, passing eastwards for a distance of 95 metres and there terminating by a junction with that watercourse;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn109" class="schProv1"><num>Work No. 8U(9)—</num><content>A cut, forming an improvement of the Rainham Main Sewer, commencing in that watercourse at a point 15 metres north of the northern end of its existing culvert under the Tilbury Loop Railway, passing under that railway and the railway (Work <abbr title="Number">No.</abbr> 8) and terminating in that watercourse at a point 52 metres south of the southern end of that existing culvert;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn110" class="schProv1"><num>Work No. 8U(10)—</num><content>A cut, forming a diversion of the Wennington Main Sewer, commencing by a junction with the cut (Work <abbr title="Number">No.</abbr> 8U(9)) at a point 10 metres north of its termination, passing south-eastwards on the southern side of the existing watercourse and terminating by a junction with that watercourse at a point 100 metres south of the southern end of a branch of that watercourse south of Manstead Gardens;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn111" class="schProv1"><num>Work No. 8U(11)—</num><content>A cut, forming an improvement of the Common Watercourse (Southall Sewers), commencing in that watercourse at a point 10 metres north-east of the northern end of its existing culvert under the Tilbury Loop Railway, passing south-westwards under that railway and the railway (Work <abbr title="Number">No.</abbr> 8) and terminating in that watercourse at a point 47 metres south-west of the southern end of that existing culvert;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn112" class="schProv1"><num>Work No. 8U(12)—</num><content>A cut, forming a diversion of Wennington Branch Sewer, commencing in that watercourse at a point 10 metres north-east of the northern end of its existing culvert under the Tilbury Loop Railway, passing under that railway and the railway (Work <abbr title="Number">No.</abbr> 8) and terminating in that watercourse at a point 40 metres south-west of the southern end of that existing culvert;In the London Borough of Havering and in the borough of Thurrock, in the county of Essex—</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e5146"><heading> Wennington to Purfleet</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn113" class="schProv1"><num>Work No. 23—</num><content>A railway (3,835 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 8) at its termination, passing south-eastwards on the southern side of the realigned Tilbury Loop Railway (Work <abbr title="Number">No.</abbr> 23A) then on viaduct over that railway, then over the diverted Aveley Sewer (Work <abbr title="Number">No.</abbr> 23D) and under the new road (Work <abbr title="Number">No.</abbr> 23B(1)), then continuing over Mar Dyke and under the new road (Work <abbr title="Number">No.</abbr> 23C(2)), passing on the southern side of the Purfleet Bypass and terminating at a point 250 metres east of the junction of London Road, Purfleet with the Purfleet Bypass, including the said viaduct and a bridge over Mar Dyke;</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn114" class="schProv1"><num>Work No. 23A—</num><content>A railway (1,185 metres in length), being a realignment of the Tilbury Loop Railway, commencing by a junction with that railway at a point 230 metres south-east of the Wennington Branch Sewer where that sewer passes in culvert under that railway, passing south-eastwards in tunnel under the railway (Work <abbr title="Number">No.</abbr> 23) and terminating by a junction with the Tilbury Loop Railway at a point 240 metres south-west of the point where Tank Hill Road is crossed on the level by the Tilbury Loop Railway;In the borough of Thurrock, in the county of Essex—</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn115" class="schProv1"><num>Work No. 23B(1)—</num><content>A road, forming a diversion of Tank Hill Road (A1090), commencing by a junction with Arterial Road, Purfleet (A13) at a point 165 metres north of its junction with Tank Hill Road, passing south-westwards then southwards over the diverted Aveley Sewer (Work <abbr title="Number">No.</abbr> 23D), the railway (Work <abbr title="Number">No.</abbr> 23), the Tilbury Loop Railway and Mar Dyke and terminating in that road at a point 15 metres north of the junction of Marlow Avenue with Tank Hill Road, including bridges over Works <abbr title="Numbers">Nos.</abbr> 23 and 23D, the Tilbury Loop Railway and Mar Dyke;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn116" class="schProv1"><num>Work No. 23B(2)—</num><content>A road, forming an access road into the Purfleet Industrial Estate, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 23B(1)) at a point 130 metres west of the junction of Tank Hill Road with Arterial Road, Purfleet (A13), passing westwards then northwards and terminating at a point in the said estate 155 metres north-west of its commencement;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn117" class="schProv1"><num>Work No. 23B(3)—</num><content>A road, forming an access road, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 23B(1)) at a point 110 metres south-west of the point where Tank Hill Road is crossed on the level by the Tilbury Loop Railway, passing eastwards and terminating at a point 105 metres south of that level crossing;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn118" class="schProv1"><num>Work No. 23C—</num><content>Diversion of Arterial Road, Purfleet, and Purfleet Bypass and diversion of Tank Lane and Botany Way, comprising—</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn119" class="schProv1"><num>Work No. 23C(1)—</num><content>Diversion of the A13 (Arterial Road, Purfleet) commencing in that road at a point 360 metres west of its existing junction with Purfleet Bypass, passing eastwards by way of the northern junction roundabout forming part of Work <abbr title="Number">No.</abbr> 23C(2), and terminating in the A13 at a point 235 metres east of the said existing road junction;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn120" class="schProv1"><num>Work No. 23C(2)—</num><content>A road, including junction roundabouts at its commencement and termination, commencing by a junction with the diverted Arterial Road, Purfleet (Work <abbr title="Number">No.</abbr> 23C(1)) at a point 48 metres north-east of the existing junction of Arterial Road with Purfleet Bypass, passing south-westwards over the railway (Work <abbr title="Number">No.</abbr> 23) and terminating by a junction with the diverted Tank Lane (Works <abbr title="Numbers">Nos.</abbr> 23C(4) and 23C(5)) at a point 150 metres west of the existing junction of Tank Lane with Botany Way, including a bridge over Work <abbr title="Number">No.</abbr> 23;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn121" class="schProv1"><num>Work No. 23C(3)—</num><content>Diversion of Purfleet Bypass at its junction with the A13 commencing by a junction with that road at the northern junction roundabout forming part of Work <abbr title="Number">No.</abbr> 23C(2), passing southwards and south-eastwards and terminating in Purfleet Bypass at a point 160 metres north-west of its junction with North Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn122" class="schProv1"><num>Work No. 23C(4)—</num><content>Diversion of Tank Lane commencing at a point 165 metres north of the bridge carrying Tank Lane over the Tilbury Loop Railway, passing southwards then eastwards along the northern side of Tank Lane, then south-eastwards along the line of that road and terminating at the southern junction roundabout forming part of Work <abbr title="Number">No.</abbr> 23C(2), at a point 150 metres west of the existing junction of Tank Lane with Botany Way;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn123" class="schProv1"><num>Work No. 23C(5)—</num><content>Diversion of Tank Lane and Botany Way, commencing at the southern junction roundabout forming part of Work <abbr title="Number">No.</abbr> 23C(2) at a point 150 metres north-west of its existing junction with Botany Way, passing eastwards then southwards on the line of Botany Way and terminating by a junction with that road at a point 115 metres south-west of its existing junction with Purfleet Bypass;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn124" class="schProv1"><num>Work No. 23D—</num><content>A cut, forming a diversion of the Aveley Sewer, commencing in that watercourse at a point 25 metres south-west of the southern end of its existing culvert under the Tilbury Loop Railway, passing in a north-easterly direction under the railways (Works <abbr title="Numbers">Nos.</abbr> 23 and 23A) and the new road (Work <abbr title="Number">No.</abbr> 23B(1)), then passing northwards and terminating at a point in a new balancing pond 95 metres north-west of the junction of Tank Hill Road with Arterial Road, Purfleet;</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e5288"><heading> Purfleet to West Thurrock</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn125" class="schProv1"><num>Work No. 9—</num><content>A railway (1,537 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 23) at its termination, passing south-eastwards on viaduct over the A1090 (London Road, Purfleet), the Tilbury Loop Railway and the northbound Dartford Tunnel Approach Road (Canterbury Way), under a span of the southbound approach to the Queen Elizabeth <abbr class="acronym" title="2">II</abbr> Bridge, and over Oliver Close (North) (Work <abbr title="Number">No.</abbr> 9B) in the West Thurrock Industrial Estate to a point 90 metres west of the existing southernmost junction of Oliver Close with Oliver Road, then under Oliver Road (Work <abbr title="Number">No.</abbr> 9C) and terminating at a point 160 metres south-east of that existing road junction, including the said viaducts and a bridge over Work <abbr title="Number">No.</abbr> 9A(1);</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn126" class="schProv1"><num>Work No. 9B—</num><content>Diversion of Oliver Close (North) commencing in that road at a point 25 metres south of the westernmost corner of that road, passing northwards for a distance of 60 metres from that commencement under the railway (Work <abbr title="Number">No.</abbr> 9), then turning eastwards and terminating by a junction with Oliver Close (North) at a point 160 metres west of its junction with Oliver Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn127" class="schProv1"><num>Work No. 9C—</num><content>Diversion of Oliver Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 9), commencing in that road at the existing junction of that road with Oliver Close (North), passing southwards over Work <abbr title="Number">No.</abbr> 9 on the eastern side of the existing road, and terminating by a junction with Oliver Road at a point 130 metres south of its existing junction with Burnley Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn128" class="schProv1"><num>Work No. 9D—</num><content>Realignment of Burnley Road and Watson Close commencing by a junction with Oliver Road (Work <abbr title="Number">No.</abbr> 9C) at the existing road junction, passing eastwards along the line of, and then to the south of, Burnley Road, then turning northwards and terminating in Watson Close at a point 60 metres north of its existing junction with Burnley Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn129" class="schProv1"><num>Work No. 9F(1)—</num><content>A railway (835 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 9F(2)) at a point 275 metres from its commencement, passing westwards, south-westwards, southwards and south-eastwards and terminating at a point on the western side of Watson Close (Work <abbr title="Number">No.</abbr> 9D) at a point 45 metres north of the existing junction of that road with Burnley Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn130" class="schProv1"><num>Work No. 9F(2)—</num><content>A deviation railway (849 metres in length), commencing by a junction with the Tilbury Loop Railway at a point 325 metres east of the bridge carrying the southbound approach to the Queen Elizabeth <abbr class="acronym" title="2">II</abbr> Bridge over that railway, passing eastwards on the southern side of that railway and terminating at the eastern end of the existing sidings;In the borough of Thurrock, in the county of Essex, and in the borough of Dartford, parishes of Swanscombe and Greenhithe, Southfleet and Longfield and New Barn, in the borough of Gravesham, town of Gravesend, and in the district of Sevenoaks, parish of Horton Kirby and South Darenth, in the county of Kent—</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e5367"><heading> West Thurrock and Ebbsfleet to Singlewell</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn131" class="schProv1"><num>Work No. 10—</num><content>A railway (9,161 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 9) at its termination, passing south-eastwards to a point 249 metres from that commencement, then passing in tunnel beneath Burnley Road and Watson Close (Work <abbr title="Number">No.</abbr> 9D), then beneath the River Thames and Bell Wharf, Swanscombe, with shafts at Burnley Road, West Thurrock Power Station, Bell Wharf and Swanscombe Marsh, continuing in tunnel south-eastwards to a point 120 metres north-west of the existing junction of Green Manor Way with Lower Road, then passing south-eastwards and southwards, under Galley Hill Road (Work <abbr title="Number">No.</abbr> 10K), then in tunnel for a distance of 58 metres beneath the North Kent Railway, continuing under the railway (Work <abbr title="Number">No.</abbr> 10C) and the new road (Work <abbr title="Number">No.</abbr> 10S(1)), then on viaduct over the River Ebbsfleet, then in tunnel for a distance of 310 metres beneath the course of the former Gravesend West Branch Railway and the A2 (Watling Street) at a point 50 metres west of the southern abutment of the bridge carrying the B262 (Hall Road) over that road, then passing in tunnel for distances of 35 metres and 25 metres respectively beneath the B262 and the slip road to that road and Station Road on the southern side of the A2, then continuing south-eastwards on the southern side of the A2, then in tunnel for a distance of 80 metres beneath the railway (Work <abbr title="Number">No.</abbr> 11A) and on viaduct over the A227 (Wrotham Road) and terminating at a point 180 metres east of that road 340 metres south of the southern side of the bridge carrying the A2 over that road, including the said viaducts over the River Ebbsfleet and Wrotham Road;</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn131" class="schProv1"><num>Work No. 10—</num><content>A railway (9,161 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 9) at its termination, passing south-eastwards to a point 249 metres from that commencement, then passing in tunnel beneath Burnley Road and Watson Close (Work <abbr title="Number">No.</abbr> 9D), then beneath the River Thames and Bell Wharf, Swanscombe, with shafts at Burnley Road, West Thurrock Power Station, Bell Wharf and Swanscombe Marsh, continuing in tunnel south-eastwards to a point 120 metres north-west of the existing junction of Green Manor Way with Lower Road, then passing south-eastwards and southwards, under Galley Hill Road (Work <abbr title="Number">No.</abbr> 10K), then in tunnel for a distance of 58 metres beneath the North Kent Railway, continuing under the railway (Work <abbr title="Number">No.</abbr> 10C) and the new road (Work <abbr title="Number">No.</abbr> 10S(1)), then on viaduct over the River Ebbsfleet, then in tunnel for a distance of 310 metres beneath the course of the former Gravesend West Branch Railway and the A2 (Watling Street) at a point 50 metres west of the southern abutment of the bridge carrying the B262 (Hall Road) over that road, then passing in tunnel for distances of 35 metres and 25 metres respectively beneath the B262 and the slip road to that road and Station Road on the southern side of the A2, then continuing south-eastwards on the southern side of the A2, then in tunnel for a distance of 80 metres beneath the railway (Work <abbr title="Number">No.</abbr> 11A) and on viaduct over the A227 (Wrotham Road) and terminating at a point 180 metres east of that road 340 metres south of the southern side of the bridge carrying the A2 over that road, including the said viaducts over the River Ebbsfleet and Wrotham Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn132" class="schProv1"><num>Work No. 10A—</num><content>A railway (1,732 metres in length), partly for construction purposes, commencing at the seaward end of the existing Swanscombe Jetty, passing south-eastwards from that jetty and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 10B) at a point 40 metres south-east of the intended bridge (Work <abbr title="Number">No.</abbr> 10K) carrying Galley Hill Road over that railway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn133" class="schProv1"><num>Work No. 10B—</num><content>A railway (2,281 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10) at a point 113 metres north-west of the intended bridge (Work <abbr title="Number">No.</abbr> 10K) carrying Galley Hill Road over that railway, passing south-eastwards on the eastern side of that railway under that road, and in tunnel for a distance of 71 metres beneath the North Kent Railway, then passing eastwards over a private road between the Northfleet Cement Works and Springhead Road, then in tunnel for a distance of 60 metres beneath the North Kent Railway at a point 30 metres south-east of the eastern abutment of the bridge carrying that railway over the mineral railway at the entrance to Church Path Pit, then south-eastwards on the northern side of the North Kent Railway, under Springhead Road (Work <abbr title="Number">No.</abbr> 10N) and terminating by a junction with that railway at a point 110 metres east of the intended bridge forming part of Work <abbr title="Number">No.</abbr> 10N, including a bridge over the said private road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn134" class="schProv1"><num>Work No. 10C—</num><content>A railway (2,324 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10) at a point 140 metres north-west of the intended bridge (Work <abbr title="Number">No.</abbr> 10K) carrying Galley Hill Road over that railway, passing south-eastwards on the western side of that railway under that road and in tunnel for a distance of 54 metres beneath the North Kent Railway, then eastwards, over the railways (Works <abbr title="Numbers">Nos.</abbr> 10, 10D and 10E) and over the said private road between the Northfleet Cement Works and Springhead Road, then south-eastwards on viaduct across the northern bay of the Blue Lake south of the North Kent Railway and under Springhead Road (Work <abbr title="Number">No.</abbr> 10N) and terminating by a junction with that railway at a point 95 metres east of the intended bridge forming part of Work <abbr title="Number">No.</abbr> 10N, including the said viaduct and bridges over Works <abbr title="Numbers">Nos.</abbr> 10, 10D and 10E and the said private road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn135" class="schProv1"><num>Work No. 10D—</num><content>A railway (1,523 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10B) at a point 45 metres north-west of the northern portal of the intended tunnel by which that railway passes beneath the North Kent Railway, passing south-eastwards on the western side of Work <abbr title="Number">No.</abbr> 10B beneath the North Kent Railway in that tunnel, then continuing southwards on the eastern side of the railway (Work <abbr title="Number">No.</abbr> 10), under the railway (Work <abbr title="Number">No.</abbr> 10C) and the new road (Work <abbr title="Number">No.</abbr> 10S(1)) and terminating by a junction with Work <abbr title="Number">No.</abbr> 10 at a point 10 metres south of the commencement of the intended viaduct carrying that railway over the River Ebbsfleet;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn136" class="schProv1"><num>Work No. 10E—</num><content>A railway (1,445 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10C) 7 metres north-west of the southern portal of the intended tunnel by which that railway passes beneath the North Kent Railway, passing south-eastwards on the eastern side of Work <abbr title="Number">No.</abbr> 10C, then under that railway and continuing on the western side of the railway (Work <abbr title="Number">No.</abbr> 10), under the new road (Work <abbr title="Number">No.</abbr> 10S(1)) and terminating by a junction with Work <abbr title="Number">No.</abbr> 10 at a point 5 metres north of the commencement of the said intended viaduct carrying that railway over the River Ebbsfleet;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn137" class="schProv1"><num>Work No. 10F—</num><content>A railway (532 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10B) at a point 140 metres west of the bridge carrying the North Kent Railway over the mineral railway at the entrance to the Church Path Pit, passing eastwards under that bridge and terminating in that pit at a point 378 metres east of that railway bridge;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn138" class="schProv1"><num>Work No. 10F(1)—</num><content>A railway (200 metres in length) commencing by a junction with the North Kent Railway at a point 230 metres north-west of the western end of the westbound platform of Northfleet Station passing eastwards and terminating by a junction with the sidings of the mineral railway on the southern side of the North Kent Railway at the western end of those sidings;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn139" class="schProv1"><num>Work No. 10G—</num><content>Improvement of Manor Way (West) commencing at the junction of that road with the A226 (London Road), passing north-eastwards and eastwards along the line of Manor Way (West) and terminating at a point 20 metres east of the junction of that road with Pilgrims Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn140" class="schProv1"><num>Work No. 10H—</num><content>A road commencing by a junction with Manor Way (West) (Work <abbr title="Number">No.</abbr> 10G) at the termination of that work, passing eastwards, then south-eastwards and terminating at the existing roundabout at the west end of the central access road in the Northfleet Industrial Estate;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn141" class="schProv1"><num>Work No. 10J—</num><content>A road, forming a diversion of Lower Road and Green Manor Way, commencing by a junction with Manor Way (West) (Work <abbr title="Number">No.</abbr> 10G) at its termination, passing northwards on the line of the footpath DS2 to a point 280 metres north of its existing junction with Lower Road, then turning eastwards and south-eastwards on the eastern side of the railway (Work <abbr title="Number">No.</abbr> 10) to a point on the northern side of Lower Road 330 metres east of its existing junction with Green Manor Way, then passing north-eastwards and eastwards on the line of Lower Road and terminating by a junction with Lower Road at a point 60 metres north of its junction with Stonebridge Road and Galley Hill Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn142" class="schProv1"><num>Work No. 10J(1)—</num><content>A road commencing by a junction with Green Manor Way at a point 310 metres north of its existing junction with Lower Road, passing southwards then south-westwards and terminating by a junction with the new road (Work <abbr title="Number">No.</abbr> 10J) at a point 85 metres from that commencement;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn143" class="schProv1"><num>Work No. 10J(2)—</num><content>A road commencing by a junction with Manor Way (East) at a point 110 metres north of its existing junction with Lower Road, passing southwards and terminating by a junction with the new road (Work <abbr title="Number">No.</abbr> 10J) at a point 105 metres from that commencement;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn144" class="schProv1"><num>Work No. 10K—</num><content>Realignment of Galley Hill Road, including a bridge over the railways (Works <abbr title="Numbers">Nos.</abbr> 10, 10A, 10B and 10C), commencing in that road at a point 270 metres east of its junction with London Road, Swanscombe, and terminating in Galley Hill Road at a point 310 metres west of its junction with Stonebridge Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn145" class="schProv1"><num>Work No. 10N—</num><content>Realignment of Springhead Road, including a bridge over the railways (Works <abbr title="Numbers">Nos.</abbr> 10B and 10C) and the North Kent Railway, commencing in that road at a point 40 metres north of the northern abutment of the existing bridge carrying that road over the North Kent Railway and terminating in that road at a point 110 metres south of the southern abutment of that existing bridge;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn146" class="schProv1"><num>Work No. 10P—</num><content>Diversion of Downs Road commencing in that road at a point 310 metres south-east of its junction with the Hog Lane subway under the A2 (Watling Street), passing south-eastwards and eastwards then southwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 10, 11A and 11B) and terminating in Downs Road at a point 330 metres south of the existing junction with that road of the road to Northfleet Green, including bridges over Works <abbr title="Numbers">Nos.</abbr> 10, 11A and 11B;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn147" class="schProv1"><num>Work No. 10Q—</num><content>Diversion of the road from Downs Road to Northfleet Green commencing in that road at a point 20 metres east of the access from that road to Hazells, passing south-eastwards and terminating by a junction with Downs Road (Work <abbr title="Number">No.</abbr> 10P) at a point 210 metres north of the termination of that work;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn148" class="schProv1"><num>Work No. 10R—</num><content>A road, for construction purposes, including a bridge over the A2, commencing in the course of the former Gravesend West Branch Railway at a point 35 metres north-east of the northern side of that road, passing south-westwards over that road and terminating in the disused railway at a point 50 metres south-west of the southern side of that road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn149" class="schProv1"><num>Work No. 10R(1)—</num><content>A cut, forming a diversion of the Swanscombe Main Drain south of the sewage disposal works on Swanscombe Marshes, commencing in that drain at a point 60 metres north of the junction of Pilgrims Road with Manor Way (West), passing northwards, then in culvert north-westwards under the new road (Work <abbr title="Number">No.</abbr> 10J), then northwards and terminating in that drain at the south-western corner of the said sewage works;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn150" class="schProv1"><num>Work No. 10R(2)—</num><content>A drainage pumping main commencing at a point 300 metres south-west of the western end of the platform of Northfleet Station, passing north-eastwards, under the railway (Work <abbr title="Number">No.</abbr> 10F(1)) and the North Kent Railway, then continuing north-eastwards and eastwards in Stonebridge Road and Grove Road between its junctions with Stonebridge Road and College Road, then eastwards in the Creek to a point 40 metres east of the junction of that road with College Road, then passing north-eastwards and terminating at a point at low water on the south bank of the River Thames 15 metres east of Robins Creek;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn151" class="schProv1"><num>Work No. 10S(1)—</num><content>A road commencing by a junction with the access road between the Northfleet Cement Works and Springhead Road at a point 75 metres south of the southern end of the bridge carrying that road over the River Ebbsfleet, passing southwards over that river, over the railways (Works <abbr title="Numbers">Nos.</abbr> 10, 10D and 10E), then south-westwards and terminating by a junction with the new road (Work <abbr title="Number">No.</abbr> 10S(2)) at a point 140 metres north of the junction with the existing Southfleet Road of the access road to the Northfleet West Grid Substation, including roundabouts at that commencement and termination and bridges over the river and Works <abbr title="Numbers">Nos.</abbr> 10, 10D and 10E;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn152" class="schProv1"><num>Work No. 10S(2)—</num><content>A road commencing at a point adjoining Southfleet Road 310 metres north of the existing junction with that road of the said road access to the Northfleet West Grid Substation, passing southwards to a point 120 metres south of that existing road junction then passing south-eastwards and terminating at a point 60 metres east of Southfleet Road, 220 metres north of the existing junction with the A2 of the road access from that road to the Northfleet West Grid Substation, including a roundabout at that termination;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn153" class="schProv1"><num>Work No. 10T(1)—</num><content>A road commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 10S(2)) at its termination, passing eastwards, then south-eastwards to a junction with Work <abbr title="Number">No.</abbr> 10T(4) at its termination, then eastwards over the railway (Work <abbr title="Number">No.</abbr> 10) in tunnel and terminating in the existing eastbound exit slip road of the A2 at Pepper Hill at a point 80 metres north-west of the junction of that slip road with Hall Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn154" class="schProv1"><num>Work No. 10T(3)—</num><content>A road commencing by a junction with the road (Work <abbr title="Number">No.</abbr> 10T(1)) at a point 85 metres north-west of the access to the Springhead Nursery from the existing access road on the northern side of the A2, passing south-eastwards on the southern side of Work <abbr title="Number">No.</abbr> 10T(1), over the railway (Work <abbr title="Number">No.</abbr> 10) in tunnel, and terminating in the eastbound carriageway of the A2 at a point 250 metres south-east of the bridge carrying Hall Road over the A2;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn155" class="schProv1"><num>Work No. 10T(4)—</num><content>A road, forming an exit slip road from the eastbound carriageway of the A2, commencing in that carriageway at a point 325 metres east of the footbridge over the A2 between Blue House and Swanscombe Park, passing eastwards over the new roads (Works <abbr title="Numbers">Nos.</abbr> 10T(6) and 10T(8)) and terminating by a junction with the road (Work <abbr title="Number">No.</abbr> 10T(1)) at a point 260 metres from its commencement;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn156" class="schProv1"><num>Work No. 10T(6)—</num><content>A road, forming an entry slip road to the westbound carriageway of the A2, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 10S(2)) at its termination, passing southwards under the A2 then south-westwards, westwards and north-westwards to a point 300 metres west of the bridge carrying the A2 over the B259 (Park Corner Road) continuing westwards and terminating in the westbound carriageway of the A2 at a point 130 metres east of the said footbridge over the A2;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn157" class="schProv1"><num>Work No. 10T(7)—</num><content>A road commencing by a junction with the slip road (Work <abbr title="Number">No.</abbr> 10T(6)) at a point 325 metres north of the junction of Park Corner Road with the road leading to North End Farm, passing southwards and terminating by a junction with Park Corner Road at a point 150 metres from that commencement;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn158" class="schProv1"><num>Work No. 10T(8)—</num><content>A station access road, forming an exit slip road from the westbound carriageway of the A2, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 10S(2)) at its termination, passing southwards under the A2 on the western side of the slip road (Work <abbr title="Number">No.</abbr> 10T(6)) to a point on the western side of the B259 (Park Corner Road) 160 metres south of the southern end of the bridge carrying the A2 over that road, then turning south-westwards, north-westwards, northwards and north-eastwards, passing over the road and the slip road (Work <abbr title="Number">No.</abbr> 10T(6)) on the southern side of the A2, continuing eastwards and terminating in the westbound carriageway of the A2 at a point 190 metres north-west of the bridge carrying Hall Road over the A2;</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e5717"><heading> Longfield to Singlewell</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn159" class="schProv1"><num>Work No. 11—</num><content>A railway (4,402 metres in length) commencing by a junction with the London and Chatham Railway at a point 130 metres east of the eastern abutment of the bridge carrying that railway over Pinden Road, passing eastwards, then north-eastwards on the course of the former Gravesend West Branch Railway, over the B260 (Main Road, Longfield), under Whitehill Road (Work <abbr title="Number">No.</abbr> 11C), the B255 (Hook Green Road) (Work <abbr title="Number">No.</abbr> 11D) and the B259 (Dale Road) (Work <abbr title="Number">No.</abbr> 11E), then eastwards under New Barn Road (Work <abbr title="Number">No.</abbr> 11F), and terminating at a point 60 metres east of the intended bridge forming part of that work, including a bridge over the B260;</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn160" class="schProv1"><num>Work No. 11A—</num><content>A railway (1,366 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 11) at its termination, passing eastwards over the railway (Work <abbr title="Number">No.</abbr> 10) in tunnel, then south-eastwards on the northern side of that railway under Downs Road (Work <abbr title="Number">No.</abbr> 10P) and terminating by a junction with that railway at a point 290 metres south-east of the intended bridge forming part of that work;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn161" class="schProv1"><num>Work No. 11B—</num><content>A railway (1,354 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 11) at its termination, passing south-eastwards on the southern side of the railway (Work <abbr title="Number">No.</abbr> 10) under Downs Road (Work <abbr title="Number">No.</abbr> 10P) and terminating by a junction with the railway at a point 275 metres south-east of the intended bridge forming part of that work;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn162" class="schProv1"><num>Work No. 11C—</num><content>Realignment of Whitehill Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 11), commencing in Whitehill Road at a point 375 metres south of the southern abutment of the existing bridge carrying that road over the disused railway and terminating in that road at its junction with Hook Green Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn163" class="schProv1"><num>Work No. 11D—</num><content>Realignment of the B255 (Hook Green Road), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 11), commencing in that road at a point 50 metres south-east of its junction with Whitehill Road and terminating in the B255 at a point 190 metres east of the eastern abutment of the existing bridge over the disused railway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn164" class="schProv1"><num>Work No. 11E—</num><content>Realignment of the B259 (Dale Road), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 11), commencing in that road at a point 60 metres south of the southern abutment of the existing bridge over that disused railway and terminating in that road at a point 70 metres south of its junction with the B262 (Station Road);</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn165" class="schProv1"><num>Work No. 11F—</num><content>Realignment of New Barn Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 11), commencing in that road at a point 25 metres south of the centre of the roundabout at the junction of that road with the B262 (Station Road) and terminating in New Barn Road at a point 370 metres south-west of that commencement;In the borough of Gravesham, parishes of Cobham and Shorne, and in the city of Rochester-upon-Medway, town of Rochester and parish of Cuxton, in the county of Kent—</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e5808"><heading> Singlewell to Strood</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn166" class="schProv1"><num>Work No. 12—</num><content>A railway (7,700 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10) at its termination, passing eastwards on the southern side of the A2 (Watling Street), under Henhurst Road (Work <abbr title="Number">No.</abbr> 12D), Scotland Lane (Work <abbr title="Number">No.</abbr> 12E), Watling Street (B395) (Work <abbr title="Number">No.</abbr> 12F) and Halfpence Lane (C492) (Work <abbr title="Number">No.</abbr> 32C), then in tunnel for a distance of 75 metres beneath Work <abbr title="Number">No.</abbr> 32B and an adjoining area, under Brewers Road (Work <abbr title="Number">No.</abbr> 12H), over the access road (Work <abbr title="Number">No.</abbr> 12K) and under the access road (Work <abbr title="Number">No.</abbr> 12L), then passing south-eastwards on the western side of the M2, under a land bridge in Temple Wood, and terminating at a point 435 metres north-west of the southern end of the subway by which the footpath RS203 passes under the M2 as existing, including a bridge over Work <abbr title="Number">No.</abbr> 12K;</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn167" class="schProv1"><num>Work No. 12A—</num><content>A railway (2,520 metres in length) on the northern side of the railway (Work <abbr title="Number">No.</abbr> 12) commencing by a junction with that railway at a point 50 metres east of its commencement, passing eastwards under Henhurst Road (Work <abbr title="Number">No.</abbr> 12D) and terminating by a junction with Work <abbr title="Number">No.</abbr> 12 at a point 515 metres east of the intended bridge carrying that road over that railway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn168" class="schProv1"><num>Work No. 12B—</num><content>A railway (2,520 metres in length) on the southern side of the railway (Work <abbr title="Number">No.</abbr> 12) commencing by a junction with that railway at the said point 50 metres east of its commencement, passing eastwards under Henhurst Road (Work <abbr title="Number">No.</abbr> 12D) and terminating by a junction with Work <abbr title="Number">No.</abbr> 12 at the said point 515 metres east of the intended bridge carrying that road over that railway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn169" class="schProv1"><num>Work No. 12C—</num><content>Diversion of Church Road commencing in that road at a point 170 metres north of the entrance from that road to St Margaret’s Church, Ifield Court, passing north-eastwards then south-eastwards and terminating by a junction with Henhurst Road (Work <abbr title="Number">No.</abbr> 12D) at a point 100 metres south of the southern abutment of the intended bridge carrying that road over the railways (Works <abbr title="Numbers">Nos.</abbr> 12, 12A and 12B);</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn170" class="schProv1"><num>Work No. 12D—</num><content>Diversion of Henhurst Road, including a bridge over the railways (Works <abbr title="Numbers">Nos.</abbr> 12, 12A and 12B), commencing in that road at a point 40 metres south of its junction with the exit slip road from the westbound carriageway of the A2 and terminating in Henhurst Road at a point 60 metres north of the access from that road to Henhurst Cottage;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn171" class="schProv1"><num>Work No. 12E—</num><content>Diversion of Scotland Lane (Byway NS 195), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 12), commencing in Scotland Lane at a point 210 metres south of its existing junction with Watling Street (B395), passing north-eastwards then eastwards to a junction with the existing access to The Mount, then passing northwards over the railway and terminating by a junction with the new road (Work <abbr title="Number">No.</abbr> 12F) at a point 15 metres from the commencement of that work;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn172" class="schProv1"><num>Work No. 12F—</num><content>A road, forming a diversion of Watling Street (B395), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 12), commencing in that road at a point 130 metres south-east of the southern abutment of the bridge carrying that road over the A2, passing eastwards on the northern side of that road, then southwards over the railway and terminating by a junction with Halfpence Lane (C492) (Work <abbr title="Number">No.</abbr> 32C) at a point 80 metres north of its existing junction with Brewers Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn173" class="schProv1"><num>Work No. 12H—</num><content>Diversion of Brewers Road, including bridges over the railway (Work <abbr title="Number">No.</abbr> 12) and the A2, commencing in Brewers Road at its junction with Halfpence Lane (C492) passing eastwards, then north-eastwards over that railway and terminating in Brewers Road at a point 160 metres north-east of its junction with the slip roads to and from the eastbound carriageway of the A2;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn174" class="schProv1"><num>Work No. 12J—</num><content>An access road commencing by a junction with Brewers Road (Work <abbr title="Number">No.</abbr> 12H) at a point 55 metres south-west of the termination of that work, passing south-eastwards, then eastwards along the northern side of the A2 and terminating within the curtilage of Park Pale;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn175" class="schProv1"><num>Work No. 12K—</num><content>An access road to the Rochester and Cobham Park Golf Course, including a bridge over the A2, commencing by a junction with the access road (Work <abbr title="Number">No.</abbr> 12J) on the northern side of the A2 at a point 250 metres west of Park Pale, passing northwards and eastwards then southwards over that road and the A2 (including Works <abbr title="Numbers">Nos.</abbr> 31A, 31B, 34A and 35A), then westwards and southwards under the railway (Work <abbr title="Number">No.</abbr> 12), and terminating in the golf course south of the railway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn176" class="schProv1"><num>Work No. 12L—</num><content>Diversion of an access road to Knights Place, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 12), commencing in the existing access road from the A2 at a point 170 metres south of that road, passing southwards over the railway and terminating in the existing access road at a point 110 metres north of the access from that road to Knights Cottage;In the city of Rochester-upon-Medway, town of Rochester and parish of Cuxton, in the borough of Tonbridge and Malling, parishes of Wouldham, Aylesford and Burham and in the borough of Maidstone, parishes of Boxley and Detling in the county of Kent—</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e5969"><heading> Strood to Detling</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn177" class="schProv1"><num>Work No. 13—</num><content>A railway (14,100 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 12) at its termination, passing south-eastwards, on the western side of the M2, over new roads (Works <abbr title="Numbers">Nos.</abbr> 36C, 36D and 36E) forming part of Junction 2 of the motorway, under the A228 (Rochester Road) (Work <abbr title="Number">No.</abbr> 36F), over the London and Chatham Railway, then on viaduct over the Strood and Maidstone Railway, the River Medway and Wouldham Road, then continuing south-eastwards on the western side of the M2 to a point at Nashenden Bottom, 120 metres north-west of the northern end of the go-kart racing track at Buckmore Park, south of Rochester Airport, then passing in tunnel (the North Downs Tunnel) for a distance of 3,190 metres beneath Blue Bell Hill and the North Downs, then passing south-eastwards under the Pilgrims Way (Work <abbr title="Number">No.</abbr> 13F), over Boarley Lane (Work <abbr title="Number">No.</abbr> 13G), then in tunnel for a distance of 330 metres beneath Boxley Road (Work <abbr title="Number">No.</abbr> 13H), continuing south-eastwards, under the A249 (Sittingbourne Road) (Work <abbr title="Number">No.</abbr> 13J), and Hockers Lane (Work <abbr title="Number">No.</abbr> 13K) and terminating at a point 270 metres east of the northern abutment of the bridge carrying Hockers Lane over the M20, including bridges over Works <abbr title="Numbers">Nos.</abbr> 36C, 36D and 36E, the London and Chatham Railway, the said viaduct, and a bridge over Work <abbr title="Number">No.</abbr> 13G;</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn178" class="schProv1"><num>Work No. 13A—</num><content>Slip roads forming part of Junction 2 of the M2 pending widening of that motorway, being roads to be stopped up on the construction of the slip roads (Works <abbr title="Numbers">Nos.</abbr> 36A to 36D), comprising—</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn179" class="schProv1"><num>Work No. 13A(1)—</num><content>A road, forming an exit slip road from the existing eastbound carriageway of the M2, commencing in that carriageway at a point 75 metres south-east of the southern end of the subway by which the footpath RS 203 passes under the motorway, passing south-eastwards and terminating by a junction with the A228 (Rochester Road) (Work <abbr title="Number">No.</abbr> 13A(4)) at a point 70 metres east of the eastern abutment of the existing bridge carrying that road over the M2;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn180" class="schProv1"><num>Work No. 13A(2)—</num><content>A road, forming an entry slip road to the existing westbound carriageway of the M2, commencing in that carriageway at a point 345 metres south-east of the southern end of the subway by which the footpath NS 183 passes under the M2, passing south-eastwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 36C at a point 100 metres west of the southern end of the said subway for the footpath RS 203;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn181" class="schProv1"><num>Work No. 13A(3)—</num><content>A road forming an exit slip road from the existing westbound carriageway of the M2, commencing in that carriageway at a point 25 metres south-east of the southern abutment of the bridge carrying the M2 over the London and Chatham Railway, passing north-westwards under the railway (Work <abbr title="Number">No.</abbr> 13) and terminating by a junction with the western junction roundabout (part of Work <abbr title="Number">No.</abbr> 36E);</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn182" class="schProv1"><num>Work No. 13A(4)—</num><content>A road, forming a diversion of the A228 (Rochester Road), commencing by a junction with the road (Work <abbr title="Number">No.</abbr> 36F) at a point 395 metres north-east of the commencement of that work, passing north-eastwards and eastwards and terminating by a junction with the A228 at a point 140 metres north-east of the junction with that road of the existing slip roads to the eastbound carriageway of the M2;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn183" class="schProv1"><num>Work No. 13B—</num><content>Diversion of Burham Road (D422) commencing by a junction with Wouldham Road at a point 30 metres south-west of the existing junction of those roads, passing south-eastwards and terminating by a junction with Burham Road 325 metres south of that road junction;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn184" class="schProv1"><num>Work No. 13C—</num><content>Diversion of bridleway MR11 (Stony Lane), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 13), commencing in that bridleway at the northern end of the subway by which it passes under the M2, passing south-westwards under the M2, then north-westwards and south-westwards over the railway, then southwards and south-eastwards and terminating by a junction with Stony Lane at the north-eastern corner of Upper Nashenden Farm;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn185" class="schProv1"><num>Work No. 13D—</num><content>An access, for construction purposes, commencing by a junction with the existing westbound carriageway of the M2 at a point 160 metres north-west of the southern end of the existing subway by which Stony Lane passes under the motorway, passing north-westwards and westwards to the southern side of the railway (Work <abbr title="Number">No.</abbr> 13), passing south-eastwards on that side of the railway between chainages 4,000 and 4,190 metres, then passing eastwards, northwards and north-westwards and terminating by a junction with that carriageway of the motorway at a point 180 metres south-east of the bridge carrying Borstal Farm access over the M2;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn186" class="schProv1"><num>Work No. 13E—</num><content>Diversion of byway MR401, commencing by a junction with the byway at a point 160 metres south of its junction with Lower Warren Road, passing southwards over the railway (Work <abbr title="Number">No.</abbr> 13) in tunnel, then south-westwards and south-eastwards and terminating by a junction with byway MR401 at a point 225 metres south of that commencement;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn187" class="schProv1"><num>Work No. 13F—</num><content>Realignment of Pilgrims Way, including a bridge carrying that byway over the railway (Work <abbr title="Number">No.</abbr> 13), commencing in that byway at a point 85 metres east of the northern end of the subway by which the Pilgrims Way passes under the A229 (Chatham Road), passing eastwards then north-eastwards over the railway and terminating in that byway at a point 130 metres east of that commencement;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn188" class="schProv1"><num>Work No. 13G—</num><content>Diversion of Boarley Lane (D898) commencing in that road at a point 100 metres south of Boarley Cottage, passing southwards and south-eastwards under the railway (Work <abbr title="Number">No.</abbr> 13) and terminating in Boarley Lane at a point 50 metres north-east of the access to Boarley Oast;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn189" class="schProv1"><num>Work No. 13H—</num><content>Diversion of Boxley Road (C97) commencing in that road at its junction with Sandy Lane, passing north-westwards then north-eastwards over the railway (Work <abbr title="Number">No.</abbr> 13) in tunnel and terminating in that road at a point 50 metres north-east of the access to Street Farm, Boxley;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn190" class="schProv1"><num>Work No. 13J—</num><content>Realignment of the A249 (Sittingbourne Road), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 13), commencing in that road at a point 80 metres north-east of the junction with that road of the side road to Detling and terminating in Sittingbourne Road at a point 110 metres north of the northern abutment of the eastern bridge of the roundabout through which that road passes over the M20;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn191" class="schProv1"><num>Work No. 13K—</num><content>Realignment of Hockers Lane, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 13), commencing in that road at a point 230 metres north of the northern abutment of the bridge carrying that road over the M20 and terminating in Hockers Lane at a point on that bridge 260 metres south of that commencement;In the borough of Maidstone, parishes of Detling, Thurnham, Hollingbourne, Broomfield, Harrietsham, Lenham and Boughton Malherbe, in the county of Kent—</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e6139"><heading> Detling to Lenham Heath</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn192" class="schProv1"><num>Work No. 14—</num><content>A railway (13,904 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 13) at its termination, passing south-eastwards over Thurnham Lane (Work <abbr title="Number">No.</abbr> 14A), Water Lane (Work <abbr title="Number">No.</abbr> 14B) and Crismill Lane (Work <abbr title="Number">No.</abbr> 14C), then over the Maidstone and Ashford Railway at a point 85 metres east of the bridge carrying the M20 over that railway, continuing south-eastwards in tunnel for a distance of 240 metres beneath the B2163 (Eyhorne Street) (Work <abbr title="Number">No.</abbr> 14D), then passing over Snagbrook Stream, under Hospital Road (Work <abbr title="Number">No.</abbr> 14E), over the A20 (Ashford Road) (Work <abbr title="Number">No.</abbr> 14F) and under Fairbourne Lane (Work <abbr title="Number">No.</abbr> 14H), over Bell Farm access (Work <abbr title="Number">No.</abbr> 14J), then under Runham Lane (Work <abbr title="Number">No.</abbr> 14K), Sandway Road (Work <abbr title="Number">No.</abbr> 14L), Old Ham Lane (Work <abbr title="Number">No.</abbr> 14M), in tunnel for a distance of 170 metres beneath Headcorn Road (Work <abbr title="Number">No.</abbr> 14N), then continuing under Boughton Road (Work <abbr title="Number">No.</abbr> 14P), Lenham Heath Road (Work <abbr title="Number">No.</abbr> 14Q) and Bowley Lane (Work <abbr title="Number">No.</abbr> 14S), over the Great Stour River at a point 40 metres north of the bridge carrying the M20 over that river, under the access road west of Hook Street (Work <abbr title="Number">No.</abbr> 14U) and terminating at a point 85 metres south of the junction of Bull Hill with Lenham Heath Road, including bridges over Works <abbr title="Numbers">Nos.</abbr> 14A, 14B and 14C, the Maidstone and Ashford Railway, Snagbrook Stream, Works <abbr title="Numbers">Nos.</abbr> 14F and 14J and the Great Stour River;</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn192" class="schProv1"><num>Work No. 14—</num><content>A railway (13,904 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 13) at its termination, passing south-eastwards over Thurnham Lane (Work <abbr title="Number">No.</abbr> 14A), Water Lane (Work <abbr title="Number">No.</abbr> 14B) and Crismill Lane (Work <abbr title="Number">No.</abbr> 14C), then over the Maidstone and Ashford Railway at a point 85 metres east of the bridge carrying the M20 over that railway, continuing south-eastwards in tunnel for a distance of 240 metres beneath the B2163 (Eyhorne Street) (Work <abbr title="Number">No.</abbr> 14D), then passing over Snagbrook Stream, under Hospital Road (Work <abbr title="Number">No.</abbr> 14E), over the A20 (Ashford Road) (Work <abbr title="Number">No.</abbr> 14F) and under Fairbourne Lane (Work <abbr title="Number">No.</abbr> 14H), over Bell Farm access (Work <abbr title="Number">No.</abbr> 14J), then under Runham Lane (Work <abbr title="Number">No.</abbr> 14K), Sandway Road (Work <abbr title="Number">No.</abbr> 14L), Old Ham Lane (Work <abbr title="Number">No.</abbr> 14M), in tunnel for a distance of 170 metres beneath Headcorn Road (Work <abbr title="Number">No.</abbr> 14N), then continuing under Boughton Road (Work <abbr title="Number">No.</abbr> 14P), Lenham Heath Road (Work <abbr title="Number">No.</abbr> 14Q) and Bowley Lane (Work <abbr title="Number">No.</abbr> 14S), over the Great Stour River at a point 40 metres north of the bridge carrying the M20 over that river, under the access road west of Hook Street (Work <abbr title="Number">No.</abbr> 14U) and terminating at a point 85 metres south of the junction of Bull Hill with Lenham Heath Road, including bridges over Works <abbr title="Numbers">Nos.</abbr> 14A, 14B and 14C, the Maidstone and Ashford Railway, Snagbrook Stream, Works <abbr title="Numbers">Nos.</abbr> 14F and 14J and the Great Stour River;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn193" class="schProv1"><num>Work No. 14A—</num><content>Diversion of Thurnham Lane commencing in that road at a point 10 metres north of the access from that road to Gorewood Farm, passing south-westwards and southwards under the railway (Work <abbr title="Number">No.</abbr> 14) and terminating in Thurnham Lane at a point 10 metres north of the southern side of the bridge carrying the M20 over that road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn194" class="schProv1"><num>Work No. 14B—</num><content>Diversion of Water Lane commencing in that road at a point 185 metres north of the northern side of the bridge carrying the M20 over that road, passing south-westwards and southwards under the railway (Work <abbr title="Number">No.</abbr> 14) and terminating in Water Lane at a point 5 metres north of the southern side of that bridge;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn195" class="schProv1"><num>Work No. 14C—</num><content>Diversion of bridleway KH134 (Crismill Lane) commencing in that bridleway at a point 30 metres south of the entrance to the Poer Meadow Shaw Pumping Station of the Mid-Kent Water Company, passing south-westwards, then south-eastwards and south-westwards under the railway (Work <abbr title="Number">No.</abbr> 14) and terminating in Crismill Lane at a point 5 metres north of the northern end of the subway by which that bridleway passes under the M20;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn196" class="schProv1"><num>Work No. 14D—</num><content>Realignment of the B2163 (Eyhorne Street) commencing at a point in that road 140 metres north-east of the northern abutment of the bridge carrying that road over the M20, passing south-westwards over the railway (Work <abbr title="Number">No.</abbr> 14) in tunnel and terminating at a point 75 metres south-west of that commencement;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn197" class="schProv1"><num>Work No. 14E—</num><content>Diversion of Hospital Road (D971), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 180 metres north-east of the northern end of the subway by which that road passes under the M20, passing south-westwards, north-westwards, then south-westwards over the railway and south-eastwards and south-westwards and terminating in Hospital Road at a point 10 metres north-east of the southern end of that subway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn198" class="schProv1"><num>Work No. 14F—</num><content>Diversion of the A20 (Ashford Road) commencing in that road at a point 20 metres east of the southern side of the bridge carrying the M20 over that road west of Holm Mill, passing eastwards under the railway (Work <abbr title="Number">No.</abbr> 14), then south-eastwards on the northern side of Work <abbr title="Number">No.</abbr> 14 and terminating in the A20 at a point 25 metres south-east of its junction with Holm Mill Lane;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn199" class="schProv1"><num>Work No. 14G—</num><content>Diversion of Greenway Court Road (D946) at its junction with the A20 (Ashford Road), commencing in Greenway Court Road at a point 110 metres north-east of its junction with Greenway Lane, passing south-westwards, then southwards on the eastern side of the existing road and terminating by a junction with the A20 (Work <abbr title="Number">No.</abbr> 14F) at a point 105 metres east of the intended bridge carrying the railway (Work <abbr title="Number">No.</abbr> 14) over that road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn200" class="schProv1"><num>Work No. 14H—</num><content>Realignment of Fairbourne Lane, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 50 metres south of its junction with the A20 (Ashford Road), passing southwards over the railway and terminating at a point 45 metres south of the northern end of the bridge carrying that road over the M20;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn201" class="schProv1"><num>Work No. 14J—</num><content>Diversion of the Bell Farm access from Sandway Road, Harrietsham, commencing by a junction with Sandway Road at a point 130 metres south-east of its junction with East Street, passing south-eastwards, then south-westwards and southwards under the railway (Work <abbr title="Number">No.</abbr> 14) and terminating in that access road at a point 35 metres south of the northern end of the subway by which it passes under the M20;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn202" class="schProv1"><num>Work No. 14K—</num><content>Realignment of Runham Lane, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 60 metres south-west of its junction with Sandway Road, passing south-westwards over the railway and terminating in Runham Lane at a point 10 metres south-west of the north-eastern end of the bridge carrying that road over the M20;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn203" class="schProv1"><num>Work No. 14L—</num><content>Diversion of Sandway Road (C92), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 180 metres south-east of its junction with Runham Lane, passing south-eastwards on the eastern side of Sandway Road, then southwards over the railway and terminating in that road at a point 190 metres north-west of its junction with Old Ham Lane;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn204" class="schProv1"><num>Work No. 14M—</num><content>Diversion of Old Ham Lane (D986), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 360 metres north of its junction with Sandway Road and Lenham Heath Road, passing southwards over the railway and terminating in Old Ham Lane at that road junction;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn205" class="schProv1"><num>Work No. 14N—</num><content>Realignment of Headcorn Road commencing in that road at a point 220 metres north-east of its junction with Lenham Heath Road, passing south-westwards over the railway (Work <abbr title="Number">No.</abbr> 14) in tunnel and terminating in Headcorn Road at a point 130 metres north-east of that road junction;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn206" class="schProv1"><num>Work No. 14P—</num><content>Realignment of Boughton Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14) commencing in that road at a point 140 metres north of its junction with Lenham Heath Road, passing southwards over the railway and terminating in Boughton Road at a point 70 metres north of that road junction;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn207" class="schProv1"><num>Work No. 14Q—</num><content>Diversion of Lenham Heath Road (C92) at Sandway, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 225 metres south-east of its junction with Boughton Road, passing south-eastwards then north-eastwards over the railway, then south-eastwards and eastwards and terminating in Lenham Heath Road at a point 590 metres north-west of its existing junction with Bowley Lane;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn208" class="schProv1"><num>Work No. 14R—</num><content>Diversion of Lenham Heath Road (C92) at Chapel Mill commencing in that road at a point 260 metres north-west of its existing junction with Bowley Lane, passing south-eastwards over the Great Stour River and terminating in Lenham Heath Road at a point 310 metres south-east of that existing road junction, including a bridge over the Great Stour River;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn209" class="schProv1"><num>Work No. 14S—</num><content>Diversion of Bowley Lane at its junction with Lenham Heath Road, including bridges over the railway (Work <abbr title="Number">No.</abbr> 14) and the M20, commencing by a junction with Lenham Heath Road (Work <abbr title="Number">No.</abbr> 14R) at a point 225 metres south-east of the commencement of that work, passing southwards and south-westwards, over the railway and the motorway, and terminating in Bowley Lane at a point 165 metres south of the southern end of the existing bridge carrying that road over the M20;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn210" class="schProv1"><num>Work No. 14T—</num><content>An access road, for construction purposes, commencing by a junction with the eastbound carriageway of the M20 at a point 75 metres north-west of the western side of the existing bridge carrying Bowley Lane over the motorway, passing south-eastwards and eastwards to a point on the southern side of the railway (Work <abbr title="Number">No.</abbr> 14) 220 metres south-east of the intended bridge carrying that road over the railway, then passing southwards and south-eastwards and terminating by a junction with that carriageway of the M20 at a point 210 metres north-west of the western side of the bridge carrying Hubbard’s Farm access road over the motorway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn211" class="schProv1"><num>Work No. 14U—</num><content>An access road on the line of Hubbard’s Farm access road west of Hook Street, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing by a junction with Lenham Heath Road at a point 75 metres west of its junction with Bull Hill, passing southwards over the railway and terminating in the existing access road at the southern end of the bridge carrying it over the M20;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn212" class="schProv1"><num>Work No. 14V—</num><content>An access road on the southern side of the railway (Work <abbr title="Number">No.</abbr> 14) commencing in the curtilage of Old Cottage, passing south-eastwards to a junction with the new road (Work <abbr title="Number">No.</abbr> 14U) at a point 120 metres south of its commencement, then continuing south-eastwards and terminating in the curtilage of Yew Tree Cottage off Hook Street (to be stopped up);In the borough of Maidstone, parish of Lenham, and in the borough of Ashford, town of Ashford and parishes of Charing, Hothfield and Westwell, in the county of Kent—</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e6402"><heading> Lenham Heath to Ashford Barracks</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn213" class="schProv1"><num>Work No. 15—</num><content>A railway (11,342 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 14) at its termination, passing south-eastwards under Egerton Road (Work <abbr title="Number">No.</abbr> 15C), Newlands Road (Work <abbr title="Number">No.</abbr> 15F) and Pluckley Road (Work <abbr title="Number">No.</abbr> 15G), passing eastwards in tunnel for a distance of 115 metres beneath Leacon Lane (Work <abbr title="Number">No.</abbr> 15J), and under the A20 (Maidstone Road) (Work <abbr title="Number">No.</abbr> 15K) then continuing south-eastwards over the M20 at a point 50 metres west of the bridge carrying the Maidstone and Ashford Railway over the motorway at Tutt Hill, passing under Westwell Lane (Work <abbr title="Number">No.</abbr> 15M) and over Station Road (Work <abbr title="Number">No.</abbr> 15N), under the A20 (Work <abbr title="Number">No.</abbr> 15P) and over Godinton Lane (Work <abbr title="Number">No.</abbr> 15Q) and terminating at a point in Rowcroft Barracks 530 metres north-west of the existing junction of Godinton Road with Chart Road, including bridges over the M20, Station Road and Godinton Lane;</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn214" class="schProv1"><num>Work No. 15A—</num><content>A railway (2,576 metres in length) on the northern side of the railway (Work <abbr title="Number">No.</abbr> 15) commencing by a junction with that railway at a point 360 metres east of its commencement, passing eastwards under Egerton Road (Work <abbr title="Number">No.</abbr> 15C) and terminating by a junction with Work <abbr title="Number">No.</abbr> 15 at a point 125 metres north-west of the intended bridge carrying Newlands Road (Work <abbr title="Number">No.</abbr> 15F) over that railway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn215" class="schProv1"><num>Work No. 15B—</num><content>A railway (2,576 metres in length) on the southern side of the railway (Work <abbr title="Number">No.</abbr> 15) commencing by a junction with that railway at the said point 360 metres east of its commencement, passing eastwards under Egerton Road (Work <abbr title="Number">No.</abbr> 15C) and terminating by a junction with Work <abbr title="Number">No.</abbr> 15 at the said point 125 metres north-west of the intended bridge carrying Newlands Road (Work <abbr title="Number">No.</abbr> 15F) over that railway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn216" class="schProv1"><num>Work No. 15C—</num><content>Realignment of Egerton Road, including a bridge over the railways (Works <abbr title="Numbers">Nos.</abbr> 15, 15A and 15B), commencing in that road at a point 5 metres south-west of the southern end of the bridge carrying it over the M20, passing north-eastwards over those railways and terminating in Egerton Road at a point 130 metres north-east of its junction with Vicarage Lane;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn217" class="schProv1"><num>Work No. 15D—</num><content>Realignment of Vicarage Lane commencing in that road at a point 65 metres north of its junction with Egerton Road and terminating at that road junction;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn218" class="schProv1"><num>Work No. 15E—</num><content>Diversion of Hurst Lane (D1198) at its junction with Newlands Road commencing in Hurst Lane at a point 260 metres north-west of that existing road junction, passing eastwards and terminating by a junction with Newlands Road (Work <abbr title="Number">No.</abbr> 15F) at a point 75 metres north of the said existing road junction;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn219" class="schProv1"><num>Work No. 15F—</num><content>Realignment of Newlands Road (D1199), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 15), commencing in that road at a point 15 metres north of the northern abutment of the bridge carrying that road over the M20, passing northwards over the railway, then north-eastwards and terminating in Newlands Road at a point 135 metres north-east of its junction with Hurst Lane;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn220" class="schProv1"><num>Work No. 15G—</num><content>Realignment of Pluckley Road (C493), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 15), commencing in that road at a point 25 metres south-west of the southern end of the bridge carrying it over the M20, passing north-eastwards and northwards over the motorway and the railway and terminating in Pluckley Road at a point 65 metres north of its existing junction with Leacon Lane;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn221" class="schProv1"><num>Work No. 15H—</num><content>Diversion of Leacon Lane between Pluckley Road and Leacon Alders commencing by a junction with Pluckley Road at its existing junction with Leacon Lane, passing eastwards then south-eastwards under the railway (Work <abbr title="Number">No.</abbr> 15) and terminating in Leacon Lane at a point 195 metres west of the bridge carrying that road over the stream at Leacon Alders, including access to Oakover Nursery and Raywood Cottages and to the emergency access to the M20;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn222" class="schProv1"><num>Work No. 15J—</num><content>Realignment of Leacon Lane east of Leacon Alders commencing in that road at a point 240 metres east of its junction with Hurstford Lane, passing north-eastwards over the railway (Work <abbr title="Number">No.</abbr> 15) in tunnel, and terminating in Leacon Lane at a point 200 metres south-west of its junction with the A20 (Maidstone Road);</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn223" class="schProv1"><num>Work No. 15K—</num><content>Diversion of the A20 (Maidstone Road), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 15), commencing in that road at a point 25 metres north of its junction with Leacon Lane, passing south-eastwards over the railway on the western side of the existing road and terminating in the A20 at the north-western end of the bridge carrying that road over the M20, including access to Leda Cottages at a point 35 metres north-west of that termination;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn224" class="schProv1"><num>Work No. 15L—</num><content>A road for access to premises on the eastern side of the existing A20 commencing by a junction with the A20 (Work <abbr title="Number">No.</abbr> 15K) at a point on its eastern side 205 metres south-east of its commencement, passing eastwards, then south-eastwards and terminating by a junction with the remaining part of the existing road at a point 285 metres south-east of the commencement of Work <abbr title="Number">No.</abbr> 15K;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn225" class="schProv1"><num>Work No. 15M—</num><content>Diversion of Westwell Lane (D1227) commencing in that road at the southern end of the bridge carrying it over the M20, passing southwards on the eastern side of the existing road, then south-westwards over the Maidstone and Ashford Railway and the railway (Work <abbr title="Number">No.</abbr> 15), then passing south-eastwards and southwards and terminating in that road at a point 180 metres south of the southern abutment of the existing bridge carrying that road over the Maidstone and Ashford Railway, including a bridge over that railway and Work <abbr title="Number">No.</abbr> 15;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn226" class="schProv1"><num>Work No. 15N—</num><content>Realignment of Station Road, Westwell, commencing in that road at a point 15 metres south-west of the bridge carrying the Maidstone and Ashford Railway over that road, passing south-westwards under the railway (Work <abbr title="Number">No.</abbr> 15) and terminating in Station Road at a point 220 metres south-west of that commencement;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn227" class="schProv1"><num>Work No. 15P—</num><content>Diversion of the A20 (Maidstone Road), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 15), commencing in that road at a point 405 metres north-west of the entrance to Yonsea Farm, passing eastwards on the northern side of the existing road, over the railway, then south-eastwards and terminating in that road at a point at Potters Corner 25 metres south-east of the junction with that road of Godinton Lane;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn228" class="schProv1"><num>Work No. 15Q—</num><content>Diversion of Godinton Lane commencing in that road at a point 225 metres south-west of its junction with the A20, passing south-westwards on the western side of the existing road, under the railway (Work <abbr title="Number">No.</abbr> 15) and terminating in Godinton Lane at a point 10 metres north-east of the access to North Lodge;In the borough of Ashford, town of Ashford and parish of Sevington, in the County of Kent—</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e6602"><heading> Ashford Barracks to Sevington</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn229" class="schProv1"><num>Work No. 16—</num><content>A railway (4,535 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 15) at its termination, passing south-eastwards to a point 130 metres north-west of the existing junction of Godinton Road with Chart Road, then in tunnel for a distance of 565 metres beneath Chart Road (Work <abbr title="Number">No.</abbr> 16F) and Godinton Road (Works <abbr title="Numbers">Nos.</abbr> 16G and 16H), the railway (Work <abbr title="Number">No.</abbr> 16A) and the Maidstone and Ashford Railway (Work <abbr title="Number">No.</abbr> 16C), then under Beaver Road (Work <abbr title="Number">No.</abbr> 16N), over the Great Stour and the East Stour Rivers, the Ashford and Canterbury Railway and the railways (Works <abbr title="Numbers">Nos.</abbr> 16C and 16D), then over the railways (Works <abbr title="Numbers">Nos.</abbr> 16A and 16E), under Boys Hall Road (Work <abbr title="Number">No.</abbr> 16Q), and terminating at a point 225 metres west of the western side of the existing bridge carrying Bad Munstereifel Road over the Ashford and Folkestone Railway at Sevington, including bridges over Works <abbr title="Numbers">Nos.</abbr> 16A, 16C, 16D and 16E, the Great Stour and the East Stour Rivers, the Ashford and Canterbury Railway, and the Aylesford Stream (Work <abbr title="Number">No.</abbr> 16S);</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn230" class="schProv1"><num>Work No. 16A—</num><content>A railway (4,555 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 16) at a point 5 metres south-east of the commencement of that work, passing south-eastwards on the northern side of that railway, in tunnel for a distance of 405 metres beneath Chart Road (Work <abbr title="Number">No.</abbr> 16F), then passing southwards over the railway (Work <abbr title="Number">No.</abbr> 16) in tunnel, then south-eastwards and eastwards under Beaver Road (Work <abbr title="Number">No.</abbr> 16N), on existing bridges over the Great Stour and the East Stour Rivers, under Work <abbr title="Number">No.</abbr> 16, and Boys Hall Road (Work <abbr title="Number">No.</abbr> 16Q) and terminating by a junction with Work <abbr title="Number">No.</abbr> 16 at its termination, including bridges over Work <abbr title="Number">No.</abbr> 16K and the Aylesford Stream (Work <abbr title="Number">No.</abbr> 16S);</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn231" class="schProv1"><num>Work No. 16B—</num><content>A railway (4,550 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 16) at a point 5 metres south-east of the commencement of that work, passing south-eastwards on the southern side of that railway, in tunnel for a distance of 475 metres beneath Chart Road (Work <abbr title="Number">No.</abbr> 16F) and Godinton Road (Works <abbr title="Numbers">Nos.</abbr> 16G and 16H), passing south-eastwards and eastwards under Beaver Road (Work <abbr title="Number">No.</abbr> 16N), on existing bridges over the Great Stour and East Stour Rivers, under Boys Hall Road (Work <abbr title="Number">No.</abbr> 16Q) and terminating by a junction with Work <abbr title="Number">No.</abbr> 16 at its termination, including bridges over Work <abbr title="Number">No.</abbr> 16K and the Aylesford Stream (Work <abbr title="Number">No.</abbr> 16S);</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn232" class="schProv1"><num>Work No. 16C—</num><content>A railway (2,228 metres in length) commencing by a junction with the Maidstone and Ashford Railway at a point 200 metres north-west of the bridge carrying the Godinton Road over that railway, passing south-eastwards over the railway (Work <abbr title="Number">No.</abbr> 16) in tunnel, under Beaver Road (Work <abbr title="Number">No.</abbr> 16N), on existing bridges over the Great Stour and East Stour Rivers and terminating by a junction with the Ashford and Canterbury Railway at a point 70 metres east of the intended bridge carrying Work <abbr title="Number">No.</abbr> 16 over that railway, including a bridge over Work <abbr title="Number">No.</abbr> 16K;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn233" class="schProv1"><num>Work No. 16D—</num><content>A railway (954 metres in length), forming sidings on the Ashford and Canterbury and Ashford and Folkestone Railways, commencing at a point 45 metres south-east of the eastern abutment of the bridge carrying that railway over the East Stour River, passing south-eastwards on the southern side of the railway (Work <abbr title="Number">No.</abbr> 16C) to a junction with the Ashford and Canterbury Railway, then passing eastwards under the railway (Work <abbr title="Number">No.</abbr> 16) then south-eastwards and terminating at a point 125 metres north-west of the junction of Bentley Road with Hunter Avenue and Aylesford Place, including railway sidings;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn234" class="schProv1"><num>Work No. 16E—</num><content>A railway (748 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 16A) at a point 140 metres north-west of the intended bridge carrying the railway (Work <abbr title="Number">No.</abbr> 16) over that railway, passing south-eastwards under Work <abbr title="Number">No.</abbr> 16, on the northern side of Work <abbr title="Number">No.</abbr> 16A and terminating at a point 92 metres south-east of the eastern side of the existing Aylesford Place level crossing (to be stopped up), including railway sidings;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn235" class="schProv1"><num>Work No. 16F—</num><content>Realignment of the A28 (Chart Road) commencing in that road at a point 45 metres east of the junction of Hilton Road with that road, passing eastwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A and 16B) in tunnel and terminating in that road at a point 3 metres west of the western side of the bridge carrying the Maidstone and Ashford Railway over that road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn236" class="schProv1"><num>Work No. 16G—</num><content>Realignment of Godinton Road (B2074) and Carlton Road (E1467) commencing by a junction with Chart Road (Work <abbr title="Number">No.</abbr> 16F) at the existing junction of that road with Godinton Road, passing south-eastwards on the line of that road over the railway (Work <abbr title="Number">No.</abbr> 16B) in tunnel, then passing south-westwards on the line of Carlton Road and terminating in that road at a point 63 metres south-west of its junction with Godinton Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn237" class="schProv1"><num>Work No. 16H—</num><content>A road commencing by a junction with Godinton Road (Work <abbr title="Number">No.</abbr> 16G) at a point 80 metres south-east of its existing junction with Chart Road, passing north-eastwards over the railways (Works Nos 16, 16A and 16B) in tunnel, then south-eastwards over the Maidstone and Ashford Railway (Work <abbr title="Number">No.</abbr> 16C) and terminating in Godinton Road at a point 45 metres north-west of its junction with James Street, including a bridge over the Maidstone and Ashford Railway (Work <abbr title="Number">No.</abbr> 16C);</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn238" class="schProv1"><num>Work No. 16J—</num><content>Realignment of Bridge Road commencing in that road at a point 45 metres south-west of its existing junction with Godinton Road, passing north-eastwards, and terminating by a junction with Work <abbr title="Number">No.</abbr> 16G at that road junction;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn239" class="schProv1"><num>Work No. 16K—</num><content>An access road and cycle track commencing in Gasworks Lane at a point 30 metres south of its junction with the A292 (Elwick Road), passing south-westwards for a distance of 108 metres, on the western side of Gasworks Lane (to be stopped up), over the railway (Work <abbr title="Number">No.</abbr> 16), then continuing as a cycle track south-westwards, then eastwards and westwards, under the railways (Works <abbr title="Numbers">Nos.</abbr> 16A, 16B and 16C) and the Tonbridge and Ashford Railway, and terminating in Gasworks Lane at a point 10 metres south of the southern end of the existing bridge carrying that last mentioned railway over that road, including a bridge over Work <abbr title="Number">No.</abbr> 16;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn240" class="schProv1"><num>Work No. 16L—</num><content>A road commencing by a junction with Leacon Road at its junction with Norfolk Drive, passing eastwards and terminating by a junction with Gasworks Lane at a point 120 metres south of the southern end of the bridge carrying the Tonbridge and Ashford Railway over that road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn241" class="schProv1"><num>Work No. 16M—</num><content>A cycle track commencing by a junction with the footpath AU 37 at a point 32 metres south of its junction with the A292 (Elwick Road), passing south-westwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A, 16B and 16C), the Maidstone and Ashford and the Tonbridge and Ashford Railways, then passing westwards, then eastwards and terminating by a junction with the footpath at a point 5 metres south-west of the southern end of the footbridge carrying that footpath over the Tonbridge and Ashford Railway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn242" class="schProv1"><num>Work No. 16N—</num><content>Diversion of the A2070 (Beaver Road) commencing in that road at its junction with the A292 (Elwick Road and Station Road), passing southwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A, 16B and 16C) and terminating in the A2070 at its junction with the Romney Marsh Road, including a bridge over the said railways and a junction roundabout at that termination;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn243" class="schProv1"><num>Work No. 16P—</num><content>A cycle track commencing at the southern end of Alsops Road, passing eastwards, then westwards and eastwards, then southwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A and 16B) and the Ashford and Folkestone Railway, then continuing westwards and eastwards and terminating by a junction with Crowbridge Road at a point 60 metres west of the junction of that road with Gladstone Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn244" class="schProv1"><num>Work No. 16QQ—</num><content>Diversion of Boys Hall Road and Canterbury Road (E1466), including a bridge over the Ashford and Folkestone Railway in place of the existing bridge over that railway and over the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A and 16B) and the new road (Work <abbr title="Number">No.</abbr> 16RR), commencing in Boys Hall Road at a point 215 metres north-east of the existing junction of Crowbridge Road with that road, passing south-westwards over Works <abbr title="Numbers">Nos.</abbr> 16, 16A and 16B, the Ashford and Folkestone Railway and Work <abbr title="Number">No.</abbr> 16RR on the eastern side of the existing road and terminating in Canterbury Road at a point 150 metres south-west of that existing road junction;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn245" class="schProv1"><num>Work No. 16RR—</num><content>A road, forming in part a realignment of Crowbridge Road (D4488), commencing in that road at a point 230 metres north-west of its existing junction with Canterbury Road, passing south-eastwards under Work <abbr title="Number">No.</abbr> 16QQ then passing southwards, south-westwards and south-eastwards and terminating at a roundabout in the northern corner of Orbital Park, Ashford, at a point 520 metres north-west of the junction of Bad Munstereifel Road (Work <abbr title="Number">No.</abbr> 17A) with the access road to Orbital Park, Ashford;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn246" class="schProv1"><num>Work No. 16RR(1)—</num><content>A road commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 16QQ) at a point 40 metres north-east of the junction of Mead Road with Canterbury Road, passing south-eastwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 16RR at a point 120 metres south-east of that road junction;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn247" class="schProv1"><num>Work No. 16S—</num><content>A cut, forming a diversion of the Aylesford Stream, commencing in that stream at a point 185 metres upstream from the northern side of the bridge carrying the Ashford and Folkestone Railway over that stream, passing westwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A and 16B) and terminating in that stream at a point 5 metres north of the southern side of the said bridge;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn248" class="schProv1"><num>Work No. 16T—</num><content>A railway (1,201 metres in length), forming sidings, commencing by a junction with the Ashford to Canterbury Railway at a point 4 metres south of the southern side of the bridge carrying Hythe Road over that railway, passing southwards, westwards then north-westwards and terminating in the Ashford Goods Yard at a point 200 metres east of the south-western side of the bridge carrying the Ashford to Folkestone Railway over the East Stour river;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn249" class="schProv1"><num>Work No. 16U—</num><content>A railway (100 metres in length), forming a cross-over, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 16E) at a point 60 metres west of the junction of Bentley Road with Hunter Avenue and Aylesford Place, passing south-eastwards and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 16A) at a point 85 metres south of that road junction;In the borough of Ashford, parishes of Sevington, Mersham, Smeeth and Aldington, and in the district of Shepway, parishes of Sellindge, Stanford, Saltwood and Postling, in the county of Kent—</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn250" class="schProv1"><num>Work No. 17—</num><content>A railway (12,300 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 16) at its termination, passing south-eastwards on the northern side of the Ashford and Folkestone Railway, under Bad Munstereifel Road (Work <abbr title="Number">No.</abbr> 17A) and Highfield Lane (Work <abbr title="Number">No.</abbr> 17C), over Blind Lane (Work <abbr title="Number">No.</abbr> 17D), then in tunnel beneath Church Road, Mersham for a distance of 160 metres, then passing eastwards, under Station Road, Smeeth (Work <abbr title="Number">No.</abbr> 17H), over Church Lane, Sellindge, (Work <abbr title="Number">No.</abbr> 17K), then on the southern side of the Sellindge Converter Station, under Harringe Lane (Work <abbr title="Number">No.</abbr> 17L), over the A20 (Ashford Road) at Sellindge (Work <abbr title="Number">No.</abbr> 17M) and the East Stour River west of Stone Street, Westenhanger, under the B2068 Link Road (Work <abbr title="Number">No.</abbr> 17P) and the A20 (Ashford Road) (Work <abbr title="Number">No.</abbr> 17Q) to a point alongside the western portal of the tunnel on the Ashford and Folkestone Railway beneath the access to Sandling Park, then in tunnel for a distance of 90 metres beneath that access and terminating at a point 427 metres east of the eastern portal of that tunnel at the access to Sandling Park, including bridges over Works <abbr title="Numbers">Nos.</abbr> 17D, 17K and 17M;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn251" class="schProv1"><num>Work No. 17A—</num><content>Realignment of Bad Munstereifel Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge over that railway, commencing in that road at a point 330 metres north-east of the north-eastern abutment of the said existing bridge passing south-westwards over the two railways and terminating in that road at a point 420 metres south-west of the south-western abutment of that existing bridge;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn252" class="schProv1"><num>Work No. 17B—</num><content>Diversion of Highfield Lane and Church Road north of the bridge carrying Highfield Lane over the Ashford and Folkestone Railway, commencing in Church Road at a point 260 metres south of its junction with Bad Munstereifel Road, passing southwards, then eastwards on the line of Church Road to its junction with Highfield Lane, then passing north-eastwards on the line of that road to a point 120 metres north-east of that road junction, then passing eastwards and terminating by a junction with Highfield Lane (Work <abbr title="Number">No.</abbr> 17C) at a point 120 metres south-west of the commencement of that work;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn253" class="schProv1"><num>Work No. 17C—</num><content>A new road, forming a diversion of Highfield Lane and Church Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge carrying Highfield Lane over that railway, commencing by a junction with Highfield Lane at a point 260 metres north-east of its existing junction with Church Road, passing westwards, then south-westwards and southwards on the eastern side of the existing road, over the two railways, and terminating by a junction with Highfield Lane at a point 40 metres south of the access from that road to The Dean;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn254" class="schProv1"><num>Work No. 17C(1)—</num><content>A road for access to premises on the eastern side of Highfield Lane south of the Ashford and Folkestone Railway, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 17C) at a point 100 metres north of the termination of that work, passing eastwards and terminating by a junction with the remaining part of Highfield Lane at a point 80 metres north of the access to The Dean;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn255" class="schProv1"><num>Work No. 17D—</num><content>Realignment of Blind Lane commencing in that road at a point 180 metres north-east of the existing bridge carrying the Ashford and Tonbridge Railway over that road, passing under that railway and the railway (Work <abbr title="Number">No.</abbr> 17) and terminating in Blind Lane at a point 90 metres south-west of the said existing bridge;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn256" class="schProv1"><num>Work No. 17E—</num><content>A tunnel over the Ashford and Folkestone Railway coterminous with the tunnel forming part of the railway (Work <abbr title="Number">No.</abbr> 17), beneath Church Road, Mersham (Work <abbr title="Number">No.</abbr> 17F);</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn257" class="schProv1"><num>Work No. 17F—</num><content>A road, forming a diversion of Church Road, Mersham, commencing in that road at a point 240 metres south-west of its junction with Bower Road, passing south-westwards and southwards on the eastern side of the existing road, over the railway (Work <abbr title="Number">No.</abbr> 17) in tunnel and the Ashford and Folkestone Railway in tunnel (Work <abbr title="Number">No.</abbr> 17E), and terminating in Church Road at a point 190 metres north of its junction with Jemmett Lane;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn258" class="schProv1"><num>Work No. 17G—</num><content>A road for access to premises on the western side of Church Road, Mersham, north of the Ashford and Folkestone Railway, commencing in the remaining part of Church Road at a point opposite Bridge Cottage and terminating by a junction with Church Road (Work <abbr title="Number">No.</abbr> 17F) at a point 180 metres south-west of its commencement;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn259" class="schProv1"><num>Work No. 17H—</num><content>Diversion of the B2069 (Station Road, Smeeth), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge carrying that road over that railway, commencing in Station Road at a point 260 metres south-west of the access to Park Wood Cottage, passing northwards on the western side of the existing road over the two railways, and terminating in Station Road at a point 130 metres north of the northern abutment of that existing bridge;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn260" class="schProv1"><num>Work No. 17J(1)—</num><content>A cut, forming a diversion of a tributary of the East Stour River west of Church Lane, Sellindge, commencing in that stream at a point 130 metres east of the northern end of the culvert by which it passes under the Ashford and Folkestone Railway, passing westwards, then southwards and terminating in that stream at a point 10 metres north of the northern end of that culvert;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn261" class="schProv1"><num>Work No. 17J(2)—</num><content>A cut, forming a diversion of the East Stour River, commencing in that river at a point 60 metres south-west of the southern end of the culvert by which that river passes under the Ashford and Folkestone Railway 290 metres east of Grove Bridge, passing eastwards then southwards and terminating in that river at a point 80 metres south of the southern end of the culvert by which that river passes under that railway 750 metres east of Grove Bridge;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn262" class="schProv1"><num>Work No. 17J(3)—</num><content>A cut, forming a diversion of the East Stour River at Westenhanger, commencing in that river at the northern end of the culvert by which that river passes under the Ashford and Folkestone Railway west of Stone Street, passing eastwards on the northern side of the railway (Work <abbr title="Number">No.</abbr> 17), and terminating in that river at a point 170 metres north-east of that commencement;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn263" class="schProv1"><num>Work No. 17K—</num><content>A diversion of Church Lane, Sellindge, commencing in that road at a point 20 metres north of the northern side of the existing bridge carrying the Ashford and Folkestone Railway over that road, passing south-eastwards under the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway and terminating in Church Lane at a point 280 metres south of the southern side of that existing bridge;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn264" class="schProv1"><num>Work No. 17L—</num><content>A realignment of Harringe Lane, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge carrying that road over that railway, commencing in that road at a point 50 metres north of the northern end of the bridge carrying that road over the M20, passing southwards over the motorway and over the two railways and terminating in Harringe Lane at a point 50 metres north of the bridge carrying that road over the East Stour River;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn265" class="schProv1"><num>Work No. 17M—</num><content>Realignment of the A20 (Ashford Road) at Sellindge commencing in that road at the southern side of the bridge carrying the M20 over that road, passing southwards on the line of the A20, under the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway, and terminating in that road at a point 50 metres south of the southern side of the bridge carrying that last-mentioned railway over that road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn266" class="schProv1"><num>Work No. 17N—</num><content>A road commencing by a junction with Stone Street at a point 80 metres west of the southern end of the bridge carrying the emergency services access road over the M20 at Stanford, passing south-eastwards then eastwards on the northern side of the railway (Work <abbr title="Number">No.</abbr> 17), then northwards, and terminating by a junction with the roundabout at Junction 11 of the M20 at a point 70 metres west of the junction with that roundabout of the westbound slip road of the B2068 Link Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn267" class="schProv1"><num>Work No. 17P—</num><content>Realignment of the B2068 Link Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge carrying that road over that railway, commencing in that road at the existing junction of that road with the roundabout at Junction 11 of the M20, passing southwards over those two railways and terminating in that road at the existing roundabout at its junction with the A20 (Ashford Road);</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn268" class="schProv1"><num>Work No. 17Q—</num><content>Diversion of the A20 (Ashford Road) at Sandling, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge carrying that road over that railway, commencing in that road at the existing roundabout at its junction with the B2068 Link Road, passing north-eastwards over those two railways and terminating in that road at a point 220 metres north-east of the northern abutment of that existing bridge;In the district of Shepway, parishes of Saltwood and Newington and town of Folkestone, in the county of Kent—</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e7132"><heading> Saltwood to Folkestone</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn269" class="schProv1"><num>Work No. 18A—</num><content>A railway (3,476 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 17) at its termination, passing eastwards under Sandling Road (Work <abbr title="Number">No.</abbr> 18H) on the northern side of the Ashford and Folkestone Railway and the northern side of the Dollands Moor Freight Yard, then under the roundabout (part of Work <abbr title="Number">No.</abbr> 18J) and terminating at a point on the western side of the M20 at Newington 215 metres south-west of the junction of Newington Road with the A20;</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn270" class="schProv1"><num>Work No. 18AA—</num><content>A railway (1,700 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 18A) at its termination, passing eastwards over the M20 and the A20 and an access road within the Channel Tunnel Terminal and terminating by a junction with the Eurotunnel Railway at a point 1,430 metres east of the western end of the bridge carrying that railway over the A20, including bridges over the M20, the A20 and the said access road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn271" class="schProv1"><num>Work No. 18B—</num><content>A railway (4,400 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 17) at its termination, passing eastwards on the northern side of the Ashford and Folkestone Railway, under Sandling Road (Work <abbr title="Number">No.</abbr> 18H), then over the Saltwood Tunnel on that railway, continuing on the southern side of that railway and the Dollands Moor Freight Yard, over the railway (Work <abbr title="Number">No.</abbr> 18E), under the B2065 (Hythe Road) (Work <abbr title="Number">No.</abbr> 18J), on existing bridges over the M20 and the A20 and terminating by a junction with the Eurotunnel Railway at a point 570 metres east of the eastern end of the bridge carrying that railway over the A20, including a bridge over Work <abbr title="Number">No.</abbr> 18E;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn272" class="schProv1"><num>Work No. 18C—</num><content>A railway (1,591 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 18B) at chainage 369 metres, passing eastwards on the southern side of the railway (Work <abbr title="Number">No.</abbr> 18A), then south-eastwards and terminating by a junction with the northern sidings of the Dollands Moor Freight Yard at a point 370 metres east of the eastern portal of the Saltwood Tunnel;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn273" class="schProv1"><num>Work No. 18D—</num><content>A railway (352 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 18A) at chainage 588 metres, passing eastwards and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 18C) at chainage 571 metres;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn274" class="schProv1"><num>Work No. 18E—</num><content>A deviation railway (2,136 metres in length), forming a diversion of the Ashford and Folkestone Railway, commencing by a junction with that railway at the eastern portal of the Saltwood Tunnel, passing eastwards under the railway (Work <abbr title="Number">No.</abbr> 18B) and the B2065 (Hythe Road) (Work <abbr title="Number">No.</abbr> 18J) and terminating by a junction with the Ashford and Folkestone Railway at a point 470 metres west of the bridge carrying Cheriton High Street over that railway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn275" class="schProv1"><num>Work No. 18F—</num><content>A railway (1,423 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 18E) at chainage 150 metres, passing eastwards under the B2065 (Hythe Road) (Work <abbr title="Number">No.</abbr> 18J), and terminating by a junction with the Eurotunnel Railway at a point 365 metres east of the existing bridge carrying that road over the Dollands Moor Freight Yard;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn276" class="schProv1"><num>Work No. 18G—</num><content>A railway (1,272 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 18E) at chainage 750 metres, passing eastwards under the B2065 (Hythe Road) (Work <abbr title="Number">No.</abbr> 18J) and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 18B) at a point 90 metres east of the western end of the bridge carrying that railway over the M20;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn277" class="schProv1"><num>Work No. 18H—</num><content>Realignment of Sandling Road, including a bridge over the railways (Works <abbr title="Numbers">Nos.</abbr> 18A and 18B), commencing in that road at the bridge carrying that road over the Ashford and Folkestone Railway, passing north-westwards over those railways and terminating in Sandling Road at a point 140 metres south-east of the junction of that road with the A20 (Ashford Road), including a bridge over Works <abbr title="Numbers">Nos.</abbr> 18A and 18B;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn278" class="schProv1"><num>Work No. 18J—</num><content>Realignment of the B2065 (Hythe Road), including a roundabout at the junction of that road with the exit slip road from the Channel Tunnel Terminal (Work <abbr title="Number">No.</abbr> 18K) and bridges carrying that roundabout over the railway (Work <abbr title="Number">No.</abbr> 18A), commencing in the B2065 at a point 183 metres south of the centre of the roundabout at the Beechborough Cross Roads, passing southwards over Work <abbr title="Number">No.</abbr> 18A, then on viaduct over Dollands Moor Freight Yard and over the railways (Works <abbr title="Numbers">Nos.</abbr> 18B, 18E, 18F and 18G) and terminating in the B2065 at a point 215 metres north of its junction with the bridleway HE 260, including the said roundabout bridges and viaduct;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn279" class="schProv1"><num>Work No. 18K—</num><content>A road commencing by a junction with the north-eastern side of the roundabout (part of Work <abbr title="Number">No.</abbr> 18J), passing north-eastwards and eastwards and terminating by a junction with the exit slip road from the Channel Tunnel Terminal at a point 250 metres from the western end of the bridge carrying that road over the M20;In the London Borough of Hammersmith and Fulham—</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e7286"><heading> White City Sidings</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn280" class="schProv1"><num>Work No. 19—</num><content>A railway (1,050 metres in length), forming a diversion of the northbound track of the West London Line between North Pole Junction and Kensington Olympia, commencing by a junction with that railway at a point 25 metres south-east of the bridge over that railway beneath Westway west of the junction of that road with West Cross Route, passing south-eastwards on the western side of that railway under the bridge carrying the Hammersmith and City Line of the London Underground over that railway and terminating by a junction with the West London Line at a point 170 metres north of the northern portal of the tunnel in which that railway passes beneath the junction of West Cross Route with Holland Park Avenue, Shepherds Bush Green and the Uxbridge Road;</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn281" class="schProv1"><num>Work No. 19A—</num><content>A railway (715 metres in length), forming a siding of the West London Line, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 19) at its commencement, passing south-eastwards on the eastern side of that railway, under the bridge carrying the Hammersmith and City Line of the London Underground over that railway and terminating at a point 258 metres south of the southern side of the said railway bridge;In the borough of Gravesham, parishes of Shorne and Higham, in the county of Kent—</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e7307"><heading> Hoo Sidings</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn282" class="schProv1"><num>Work No. 20A—</num><content>A railway (1,111 metres in length), forming sidings of the Gravesend and Higham Railway at Hoo Junction, commencing by a junction with that railway on the eastern side of the Queens Farm Road level crossing on that railway, passing eastwards on the northern side of that railway, then north-eastwards on the southern side of the Grain Branch of that railway and terminating at a point 120 metres south of the south-western abutment of the bridge carrying that railway over the former Thames and Medway Canal;</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-1-crossheading-description-of-works_paragraph-Workn283" class="schProv1"><num>Work No. 20B—</num><content>A railway (827 metres in length), forming sidings of the Gravesend and Higham Railway at Hoo Junction, commencing by a junction with that railway on the eastern side of the Queens Farm Road level crossing on that railway, passing eastwards then south-eastwards on the southern side of that railway and terminating at the eastern end of the existing siding of that railway, including railway sidings;In the districts of Dover and Thanet, parishes of Minster and Sandwich, in the county of Kent—</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="subheading" class="schGroup7" eId="d25e7325"><heading> Richborough Sidings</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn284" class="schProv1"><num>Work No. 21—</num><content>A railway (1,139 metres in length), forming sidings at the Richborough Power Station at Stonelees, commencing by a junction with the Margate and Dover Railway at a point 530 metres north-west of the north-western abutment of the bridge carrying that railway over the River Stour, passing south-eastwards and terminating at a point 470 metres west of the north-western end of the culvert carrying the A256 (Ramsgate Road) over Minster Stream, including railway sidings.</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-2-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-2-paragraph-1-1"><num>(1)</num><intro>The nominated undertaker may, for the purposes of or in connection with the scheduled works, do any of the following within the limits of deviation for those works or within the limits of land to be acquired or used—</intro><level class="para1" eId="schedule-2-paragraph-1-1-a"><num>(a)</num><content>make, provide and maintain all such approaches, bridges, subways, interchanges, roundabouts, turning places, lifts, stairs, escalators, ramps, passages, means of access, shafts, stagings, buildings, apparatus, plant and machinery as may be necessary or convenient,</content></level><level class="para1" eId="schedule-2-paragraph-1-1-b"><num>(b)</num><content>make junctions and communications (including the provision of steps or ramps for the use of persons on foot) with any highway or access way intersected or interfered with by, or contiguous to, any of those works, and widen or alter any highway or access way for the purpose of connecting it with any of those works or another highway, or of crossing under or over the highway or access way,</content></level><level class="para1" eId="schedule-2-paragraph-1-1-c"><num>(c)</num><content>construct, provide and maintain all such embankments, aprons, abutments, retaining walls, wing walls, culverts and other works as may be necessary or convenient,</content></level><level class="para1" eId="schedule-2-paragraph-1-1-d"><num>(d)</num><content>alter or remove any structure erected upon any highway or adjoining land,</content></level><level class="para1" eId="schedule-2-paragraph-1-1-e"><num>(e)</num><content>alter the position of apparatus, including mains, sewers, drains and cables,</content></level><level class="para1" eId="schedule-2-paragraph-1-1-f"><num>(f)</num><content>alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses, and</content></level><level class="para1" eId="schedule-2-paragraph-1-1-g"><num>(g)</num><content>carry out and maintain such other works, of whatever description, as may be necessary or expedient.</content></level></subparagraph><subparagraph eId="schedule-2-paragraph-1-2"><num>(2)</num><content>Sub-paragraph (1) above shall not authorise the making of any cut for drainage purposes which is more than 3.35 metres wide at the bottom.</content></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:default="http://www.w3.org/1999/xhtml" name="crossheading" ukl:Name="Pblock" eId="schedule-2-crossheading-overhead-line-diversions"><heading> Overhead line diversions</heading><paragraph eId="schedule-2-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-2-paragraph-3-1"><num>(1)</num><content>Without prejudice to paragraph 1(1)(e) above, the nominated undertaker may, for the purposes of, or in connection with, the works authorised by this Part of this Act, undertake the electric line diversions specified in the following table.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th><default:th>(3)</default:th></default:tr><default:tr><default:th>Area</default:th><default:th>Overhead line to be taken down</default:th><default:th>New overhead line to be provided</default:th></default:tr><default:tr><default:th colspan="3">GREATER LONDON</default:th></default:tr><default:tr><default:td>London Borough of Barking and Dagenham</default:td><default:td>Barking corridor 275kV overhead electric cable (ZBA) between points EC106, EC107 and EC108</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC106, EC109 and EC108 or thereabouts.</default:td></default:tr><default:tr><default:td>London Borough of Barking and Dagenham and London Borough of Havering</default:td><default:td>Barking corridor 275kV overhead electric cable (ZBA) between points EC87, EC88, EC89, EC1, EC2, EC3, EC4, EC5, EC6, EC7, EC8, EC9, EC10, EC11 and EC12</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC87, EC90, EC91, EC13, EC92, EC93, EC94, EC95, EC18, EC19, EC20, EC21, EC22 and EC12 or thereabouts.</default:td></default:tr><default:tr><default:td>London Borough of Havering</default:td><default:td>Havering overhead electric cable (ZBA) between points EC23, EC24 and EC25</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC23, EC26 and EC25 or thereabouts.</default:td></default:tr><default:tr><default:th colspan="3">COUNTY OF ESSEX</default:th></default:tr><default:tr><default:td>Borough of Thurrock</default:td><default:td>Purfleet Road 400kV overhead electric cable (ZR) between points EC103, EC27, EC28, EC29 and EC30</default:td><default:td>New overhead electric cable to be provided on land within the points EC103, EC27, EC28, EC29 and EC30 relevant limits between points EC103, EC104, EC28, EC105 and EC30 or thereabouts.</default:td></default:tr><default:tr><default:td/><default:td>Aveley 275kV overhead electric cable (ZBA) between points EC96, EC97, EC98 and EC99</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC96, EC100, EC101, EC102 and EC99 or thereabouts.</default:td></default:tr><default:tr><default:th colspan="3">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Dartford, Parish of Swanscombe and Greenhithe</default:td><default:td>Dartford 132kV overhead electric cable (south) (PK) between points EC48, EC49 and EC50</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC48, EC51, EC52 and EC50 or thereabouts.</default:td></default:tr><default:tr><default:td>Borough of Dartford, Parish of Swanscombe and Greenhithe and Borough of Gravesham, Town of Gravesend</default:td><default:td>Dartford 132kV overhead electric cable (north) (PJ) between points EC40, EC41, EC42, EC43 and EC44</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC40, EC45, EC42, EC46, EC47 and EC44 or thereabouts.</default:td></default:tr><default:tr><default:td>Borough of Dartford, Parish of Southfleet and Borough of Gravesham, Town of Gravesend</default:td><default:td>Dartford 400kV overhead electric cable (4TP) between points EC53, EC54, EC55 and EC56</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC53, EC57, EC58 and EC56 or thereabouts.</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Town of Gravesend and Borough of Dartford, Parish of Swanscombe and Greenhithe</default:td><default:td>Gravesend 400kV overhead electric cable (ZR) between points EC33, EC34, EC35 and EC36</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC33, EC37, EC38, EC39 and EC36 or thereabouts.</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Town of Gravesend</default:td><default:td>Pepper Hill 400kV overhead electric cable (YN) between points EC59, EC60, EC61 and EC62</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC59, EC63, EC64, EC65 and EC62 or thereabouts.</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Shorne</default:td><default:td>Singlewell 400kV overhead electric cable (4YN) between points EC66, EC67 and EC68</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC66, EC69 and EC68 or thereabouts.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Boxley</default:td><default:td>Pilgrims Way 400kV overhead electric cable (TP) between points EC70, EC71 and EC72</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC70, EC73, EC74 and EC72 or thereabouts.</default:td></default:tr><default:tr><default:td/><default:td>Boxley 132kV overhead electric cable (PN) between points EC75, EC76, EC77 and EC78</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC75, EC76, EC79 and EC78 or thereabouts.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Aldington</default:td><default:td>Sellindge 400kV overhead electric cable (VO) between points EC80 and EC81</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC80, EC82 and EC81 or thereabouts.</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Sellindge</default:td><default:td>Sellindge East 132kV overhead electric cable (PV) between points EC83, EC84 and EC85</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC83, EC86 and EC85 or thereabouts.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></subparagraph><subparagraph eId="schedule-2-paragraph-3-2"><num>(2)</num><content>In sub-paragraph (1) above, references to land within the relevant limits are to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.</content></subparagraph></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="schedule-2-crossheading-euston-road-and-york-way-improvement-works"><heading> Euston Road and York Way improvement works</heading><paragraph eId="schedule-2-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-2-paragraph-5-1"><num>(1)</num><intro>The nominated undertaker may, within the limits of deviation for the scheduled works or within the limits of land to be acquired or used, carry out in Euston Road and York Way in the London Borough of Camden and their side roads, works for—</intro><level class="para1" eId="schedule-2-paragraph-5-1-a"><num>(a)</num><content>the variation of the relative widths of carriageways and footways, or</content></level><level class="para1" eId="schedule-2-paragraph-5-1-b"><num>(b)</num><content>the division, or variation of the division, of carriageways (including the provision, or variation, of central reservations),</content></level><wrapUp>and works ancillary to any such works.</wrapUp></subparagraph><subparagraph eId="schedule-2-paragraph-5-2"><num>(2)</num><content>The nominated undertaker may alter or remove any works executed by it under this paragraph.</content></subparagraph><subparagraph eId="schedule-2-paragraph-5-3"><num>(3)</num><content>The exercise of the powers conferred by this paragraph shall be subject to the consent of the council of the London Borough of Camden, such consent not to be unreasonably withheld.</content></subparagraph><subparagraph eId="schedule-2-paragraph-5-4"><num>(4)</num><content>Any dispute with the council of the London Borough of Camden under sub-paragraph (3) above shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.</content></subparagraph></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-2-crossheading-underpinning-of-buildings"><heading> Underpinning of buildings</heading><paragraph eId="schedule-2-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-2-paragraph-6-1"><num>(1)</num><content>This paragraph applies where it is necessary or expedient in consequence of or in connection with the construction of any of the works authorised by this Part of this Act to underpin or strengthen a building within the relevant distance of the work.</content></subparagraph><subparagraph eId="schedule-2-paragraph-6-2"><num>(2)</num><content>The nominated undertaker may underpin or strengthen the building on giving at least 28 days’ notice to the owners and occupiers of the building of its intention to do so.</content></subparagraph><subparagraph eId="schedule-2-paragraph-6-3"><num>(3)</num><content>If, within 21 days of the giving of a notice under sub-paragraph (2) above, the person to whom the notice has been given gives to the nominated undertaker notice disputing that this paragraph applies, the question of its application shall be referred to arbitration.</content></subparagraph><subparagraph eId="schedule-2-paragraph-6-4"><num>(4)</num><content>If, under sub-paragraph (3) above, the arbitrator decides that this paragraph does apply, he shall, if one of the parties to the dispute so requires, prescribe how the underpinning or strengthening is to be carried out.</content></subparagraph><subparagraph eId="schedule-2-paragraph-6-5"><num>(5)</num><content>Where the underpinning or strengthening of a building under this paragraph cannot be carried out reasonably conveniently without entering land adjacent to the building, the nominated undertaker may, on giving at least 14 days’ notice to the owners and occupiers of the adjacent land, enter the land (but not any building on it) and carry out the work.</content></subparagraph><subparagraph eId="schedule-2-paragraph-6-6"><num>(6)</num><content>In case of emergency, the power conferred by sub-paragraph (2) or (5) above shall be exercisable without notice.</content></subparagraph><subparagraph eId="schedule-2-paragraph-6-7"><num>(7)</num><intro>For the purpose of deciding how to exercise its powers under this paragraph, the nominated undertaker may at any reasonable time enter and survey—</intro><level class="para1" eId="schedule-2-paragraph-6-7-a"><num>(a)</num><content>any building within the relevant distance of any of the works authorised by this Part of this Act, or</content></level><level class="para1" eId="schedule-2-paragraph-6-7-b"><num>(b)</num><content>any land adjacent to such a building (but not any building on any such land).</content></level></subparagraph><subparagraph eId="schedule-2-paragraph-6-8"><num>(8)</num><content><mod>Section 6 of the <noteRef href="#c1252071" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981 (service of documents) shall apply to the service of notices under this paragraph with, in subsection (4), the substitution for the words from “authority” to “document is to be served” of <quotedText>“ nominated undertaker ”</quotedText>.</mod></content></subparagraph><subparagraph eId="schedule-2-paragraph-6-9"><num>(9)</num><intro>In this paragraph—</intro><hcontainer name="definition"><content>“<term refersTo="#term-building" eId="term-building">building</term>” includes any structure and, in the case of a work under the surface of the ground, reference to a building within the relevant distance of that work includes a reference to any building within the relevant distance of any point on the surface below which the work is situated,</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-notice" eId="term-notice">notice</term>” means notice in writing, and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-relevant-distance" eId="term-relevant-distance">relevant distance</term>”, in relation to any work, means—<blockList class="ordered roman parens" ukl:Name="OrderedList" ukl:Type="roman" ukl:Decoration="parens"><item><num>(i)</num>where the work relates to an underground railway, 50 metres, and</item><item><num>(ii)</num>where it does not, 35 metres.</item></blockList></content></hcontainer></subparagraph></paragraph><paragraph eId="schedule-2-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-2-paragraph-7-1"><num>(1)</num><content>This paragraph applies where it is necessary or expedient in consequence of or in connection with the construction of any of the works authorised by this Part of this Act further to underpin or strengthen a building which has been underpinned or strengthened under paragraph 6 above.</content></subparagraph><subparagraph eId="schedule-2-paragraph-7-2"><num>(2)</num><content>The nominated undertaker may, at any time within the permitted period, further underpin or strengthen the building on giving at least 28 days’ notice to the owners and occupiers of the building of its intention to do so.</content></subparagraph><subparagraph eId="schedule-2-paragraph-7-3"><num>(3)</num><content>If, within 21 days of the giving of a notice under sub-paragraph (2) above, the person to whom the notice has been given gives to the nominated undertaker notice disputing that this paragraph applies, the question of its application shall be referred to arbitration.</content></subparagraph><subparagraph eId="schedule-2-paragraph-7-4"><num>(4)</num><content>If, under sub-paragraph (3) above, the arbitrator decides that this paragraph does apply, he shall, if one of the parties to the dispute so requires, prescribe how the underpinning or strengthening is to be carried out.</content></subparagraph><subparagraph eId="schedule-2-paragraph-7-5"><num>(5)</num><content>Where the underpinning or strengthening of a building under this paragraph cannot be carried out reasonably conveniently without entering land adjacent to the building, the nominated undertaker may, on giving at least 14 days’ notice to the owners and occupiers of the adjacent land, enter the land (but not any building on it) and carry out the work.</content></subparagraph><subparagraph eId="schedule-2-paragraph-7-6"><num>(6)</num><content>In case of emergency, the power conferred by sub-paragraph (2) or (5) above shall be exercisable without notice.</content></subparagraph><subparagraph eId="schedule-2-paragraph-7-7"><num>(7)</num><intro>For the purpose of deciding how to exercise its powers under this paragraph, the nominated undertaker may at any reasonable time enter and survey—</intro><level class="para1" eId="schedule-2-paragraph-7-7-a"><num>(a)</num><content>any building which has been underpinned or strengthened under paragraph 6 above, or</content></level><level class="para1" eId="schedule-2-paragraph-7-7-b"><num>(b)</num><content>any land adjacent to such a building (but not any building on any such land).</content></level></subparagraph><subparagraph eId="schedule-2-paragraph-7-8"><num>(8)</num><content><mod>Section 6 of the <noteRef href="#c1252073" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981 (service of documents) shall apply to the service of notices under this paragraph with, in subsection (4), the substitution for the words from “authority” to “document is to be served” of <quotedText>“ nominated undertaker ”</quotedText>.</mod></content></subparagraph><subparagraph eId="schedule-2-paragraph-7-9"><num>(9)</num><content>In sub-paragraph (2) above, the reference to the permitted period is to the period beginning with the completion of the underpinning or strengthening under paragraph 6 above and ending 5 years after the date on which the work which necessitated the underpinning or strengthening was brought into general use.</content></subparagraph><subparagraph eId="schedule-2-paragraph-7-10"><num>(10)</num><content>In this paragraph, “<term refersTo="#term-notice" eId="term-notice">notice</term>” means notice in writing.</content></subparagraph></paragraph><paragraph eId="schedule-2-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-2-paragraph-8-1"><num>(1)</num><content>Where the nominated undertaker exercises any power under paragraph 6 or 7 above, it shall compensate the owners and occupiers of the building or land in relation to which the power is exercised for any loss which they may suffer by reason of the exercise of the power.</content></subparagraph><subparagraph eId="schedule-2-paragraph-8-2"><num>(2)</num><content>Any dispute as to a person’s entitlement to compensation under sub-paragraph (1) above, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the <noteRef href="#c1252075" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1961.</content></subparagraph><subparagraph eId="schedule-2-paragraph-8-3"><num>(3)</num><content>Nothing in this paragraph shall affect liability to pay compensation under section 6 of the <noteRef href="#c1252076" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Clauses Consolidation Act 1845, as incorporated with this Act, or section 10(2) of the <noteRef href="#c1252077" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (1) above.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-2-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-2-paragraph-6-1"><num>(1)</num><content>This paragraph applies where it is necessary or expedient in consequence of or in connection with the construction of any of the works authorised by this Part of this Act to underpin or strengthen a building within the relevant distance of the work.</content></subparagraph><subparagraph eId="schedule-2-paragraph-6-2"><num>(2)</num><content>The nominated undertaker may underpin or strengthen the building on giving at least 28 days’ notice to the owners and occupiers of the building of its intention to do so.</content></subparagraph><subparagraph eId="schedule-2-paragraph-6-3"><num>(3)</num><content>If, within 21 days of the giving of a notice under sub-paragraph (2) above, the person to whom the notice has been given gives to the nominated undertaker notice disputing that this paragraph applies, the question of its application shall be referred to arbitration.</content></subparagraph><subparagraph eId="schedule-2-paragraph-6-4"><num>(4)</num><content>If, under sub-paragraph (3) above, the arbitrator decides that this paragraph does apply, he shall, if one of the parties to the dispute so requires, prescribe how the underpinning or strengthening is to be carried out.</content></subparagraph><subparagraph eId="schedule-2-paragraph-6-5"><num>(5)</num><content>Where the underpinning or strengthening of a building under this paragraph cannot be carried out reasonably conveniently without entering land adjacent to the building, the nominated undertaker may, on giving at least 14 days’ notice to the owners and occupiers of the adjacent land, enter the land (but not any building on it) and carry out the work.</content></subparagraph><subparagraph eId="schedule-2-paragraph-6-6"><num>(6)</num><content>In case of emergency, the power conferred by sub-paragraph (2) or (5) above shall be exercisable without notice.</content></subparagraph><subparagraph eId="schedule-2-paragraph-6-7"><num>(7)</num><intro>For the purpose of deciding how to exercise its powers under this paragraph, the nominated undertaker may at any reasonable time enter and survey—</intro><level class="para1" eId="schedule-2-paragraph-6-7-a"><num>(a)</num><content>any building within the relevant distance of any of the works authorised by this Part of this Act, or</content></level><level class="para1" eId="schedule-2-paragraph-6-7-b"><num>(b)</num><content>any land adjacent to such a building (but not any building on any such land).</content></level></subparagraph><subparagraph eId="schedule-2-paragraph-6-8"><num>(8)</num><content><mod>Section 6 of the <noteRef href="#c1252071" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981 (service of documents) shall apply to the service of notices under this paragraph with, in subsection (4), the substitution for the words from “authority” to “document is to be served” of <quotedText>“ nominated undertaker ”</quotedText>.</mod></content></subparagraph><subparagraph eId="schedule-2-paragraph-6-9"><num>(9)</num><intro>In this paragraph—</intro><hcontainer name="definition"><content>“<term refersTo="#term-building" eId="term-building">building</term>” includes any structure and, in the case of a work under the surface of the ground, reference to a building within the relevant distance of that work includes a reference to any building within the relevant distance of any point on the surface below which the work is situated,</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-notice" eId="term-notice">notice</term>” means notice in writing, and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-relevant-distance" eId="term-relevant-distance">relevant distance</term>”, in relation to any work, means—<blockList class="ordered roman parens" ukl:Name="OrderedList" ukl:Type="roman" ukl:Decoration="parens"><item><num>(i)</num>where the work relates to an underground railway, 50 metres, and</item><item><num>(ii)</num>where it does not, 35 metres.</item></blockList></content></hcontainer></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-2-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-2-paragraph-7-1"><num>(1)</num><content>This paragraph applies where it is necessary or expedient in consequence of or in connection with the construction of any of the works authorised by this Part of this Act further to underpin or strengthen a building which has been underpinned or strengthened under paragraph 6 above.</content></subparagraph><subparagraph eId="schedule-2-paragraph-7-2"><num>(2)</num><content>The nominated undertaker may, at any time within the permitted period, further underpin or strengthen the building on giving at least 28 days’ notice to the owners and occupiers of the building of its intention to do so.</content></subparagraph><subparagraph eId="schedule-2-paragraph-7-3"><num>(3)</num><content>If, within 21 days of the giving of a notice under sub-paragraph (2) above, the person to whom the notice has been given gives to the nominated undertaker notice disputing that this paragraph applies, the question of its application shall be referred to arbitration.</content></subparagraph><subparagraph eId="schedule-2-paragraph-7-4"><num>(4)</num><content>If, under sub-paragraph (3) above, the arbitrator decides that this paragraph does apply, he shall, if one of the parties to the dispute so requires, prescribe how the underpinning or strengthening is to be carried out.</content></subparagraph><subparagraph eId="schedule-2-paragraph-7-5"><num>(5)</num><content>Where the underpinning or strengthening of a building under this paragraph cannot be carried out reasonably conveniently without entering land adjacent to the building, the nominated undertaker may, on giving at least 14 days’ notice to the owners and occupiers of the adjacent land, enter the land (but not any building on it) and carry out the work.</content></subparagraph><subparagraph eId="schedule-2-paragraph-7-6"><num>(6)</num><content>In case of emergency, the power conferred by sub-paragraph (2) or (5) above shall be exercisable without notice.</content></subparagraph><subparagraph eId="schedule-2-paragraph-7-7"><num>(7)</num><intro>For the purpose of deciding how to exercise its powers under this paragraph, the nominated undertaker may at any reasonable time enter and survey—</intro><level class="para1" eId="schedule-2-paragraph-7-7-a"><num>(a)</num><content>any building which has been underpinned or strengthened under paragraph 6 above, or</content></level><level class="para1" eId="schedule-2-paragraph-7-7-b"><num>(b)</num><content>any land adjacent to such a building (but not any building on any such land).</content></level></subparagraph><subparagraph eId="schedule-2-paragraph-7-8"><num>(8)</num><content><mod>Section 6 of the <noteRef href="#c1252073" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981 (service of documents) shall apply to the service of notices under this paragraph with, in subsection (4), the substitution for the words from “authority” to “document is to be served” of <quotedText>“ nominated undertaker ”</quotedText>.</mod></content></subparagraph><subparagraph eId="schedule-2-paragraph-7-9"><num>(9)</num><content>In sub-paragraph (2) above, the reference to the permitted period is to the period beginning with the completion of the underpinning or strengthening under paragraph 6 above and ending 5 years after the date on which the work which necessitated the underpinning or strengthening was brought into general use.</content></subparagraph><subparagraph eId="schedule-2-paragraph-7-10"><num>(10)</num><content>In this paragraph, “<term refersTo="#term-notice" eId="term-notice">notice</term>” means notice in writing.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-2-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-2-paragraph-8-1"><num>(1)</num><content>Where the nominated undertaker exercises any power under paragraph 6 or 7 above, it shall compensate the owners and occupiers of the building or land in relation to which the power is exercised for any loss which they may suffer by reason of the exercise of the power.</content></subparagraph><subparagraph eId="schedule-2-paragraph-8-2"><num>(2)</num><content>Any dispute as to a person’s entitlement to compensation under sub-paragraph (1) above, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the <noteRef href="#c1252075" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1961.</content></subparagraph><subparagraph eId="schedule-2-paragraph-8-3"><num>(3)</num><content>Nothing in this paragraph shall affect liability to pay compensation under section 6 of the <noteRef href="#c1252076" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Clauses Consolidation Act 1845, as incorporated with this Act, or section 10(2) of the <noteRef href="#c1252077" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (1) above.</content></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-2-crossheading-discharge-of-water"><heading> Discharge of water</heading><paragraph eId="schedule-2-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-2-paragraph-9-1"><num>(1)</num><content>The nominated undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the works authorised by this Part of this Act and for that purpose may lay down, take up and alter pipes and may, on any land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used make connections with the watercourse, sewer or drain.</content></subparagraph><subparagraph eId="schedule-2-paragraph-9-2"><num>(2)</num><content>The nominated undertaker shall not discharge any water into any public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose but shall not be unreasonably withheld.</content></subparagraph><subparagraph eId="schedule-2-paragraph-9-3"><num>(3)</num><content>The nominated undertaker shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the person to whom the sewer or drain belongs, but such approval shall not be unreasonably withheld.</content></subparagraph><subparagraph eId="schedule-2-paragraph-9-4"><num>(4)</num><content>The nominated undertaker shall not, in the exercise of the powers conferred by this paragraph, damage or interfere with the beds or banks of any watercourse forming part of a main river.</content></subparagraph><subparagraph eId="schedule-2-paragraph-9-5"><num>(5)</num><content>The nominated undertaker shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this paragraph is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.</content></subparagraph><subparagraph eId="schedule-2-paragraph-9-6"><num>(6)</num><content>This paragraph does not authorise the doing of anything prohibited by section 85(1), (2) or (3) of the <noteRef href="#c1252079" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Resources Act 1991 (offences of polluting controlled waters).</content></subparagraph><subparagraph eId="schedule-2-paragraph-9-7"><num>(7)</num><content>Any dispute as to the giving of consent under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.</content></subparagraph><subparagraph eId="schedule-2-paragraph-9-8"><num>(8)</num><intro>In this paragraph—</intro><level class="para1" eId="schedule-2-paragraph-9-8-a"><num>(a)</num><content>“<term refersTo="#term-public-sewer-or-drain" eId="term-public-sewer-or-drain">public sewer or drain</term>” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board, a local authority, an urban development corporation <ins class="first last" ukl:ChangeId="key-455f242640f77e4c9d30f7d4c989f84e-1479178480766" ukl:CommentaryRef="key-455f242640f77e4c9d30f7d4c989f84e"><noteRef uk:name="commentary" href="#key-455f242640f77e4c9d30f7d4c989f84e" class="commentary"/>, a Mayoral development corporation</ins> <ins class="first last" ukl:ChangeId="key-9d26c3801ab4a39dd70ff0d1c463dd14-1780492524028" ukl:CommentaryRef="key-9d26c3801ab4a39dd70ff0d1c463dd14"><noteRef uk:name="commentary" href="#key-9d26c3801ab4a39dd70ff0d1c463dd14" class="commentary"/>for an area in Greater London</ins> or a harbour authority within the meaning of the <noteRef href="#c1252080" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Harbours Act 1964,</content></level><level class="para1" eId="schedule-2-paragraph-9-8-b"><num>(b)</num><content>“<term refersTo="#term-watercourse" eId="term-watercourse">watercourse</term>” includes rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows, except a public sewer or drain, and</content></level><level class="para1" eId="schedule-2-paragraph-9-8-c"><num>(c)</num><content>other expressions used both in this paragraph and in the Water Resources Act 1991 have the same meanings as in that Act.</content></level></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-2-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-2-paragraph-9-1"><num>(1)</num><content>The nominated undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the works authorised by this Part of this Act and for that purpose may lay down, take up and alter pipes and may, on any land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used make connections with the watercourse, sewer or drain.</content></subparagraph><subparagraph eId="schedule-2-paragraph-9-2"><num>(2)</num><content>The nominated undertaker shall not discharge any water into any public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose but shall not be unreasonably withheld.</content></subparagraph><subparagraph eId="schedule-2-paragraph-9-3"><num>(3)</num><content>The nominated undertaker shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the person to whom the sewer or drain belongs, but such approval shall not be unreasonably withheld.</content></subparagraph><subparagraph eId="schedule-2-paragraph-9-4"><num>(4)</num><content>The nominated undertaker shall not, in the exercise of the powers conferred by this paragraph, damage or interfere with the beds or banks of any watercourse forming part of a main river.</content></subparagraph><subparagraph eId="schedule-2-paragraph-9-5"><num>(5)</num><content>The nominated undertaker shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this paragraph is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.</content></subparagraph><subparagraph eId="schedule-2-paragraph-9-6"><num>(6)</num><content>This paragraph does not authorise the doing of anything prohibited by section 85(1), (2) or (3) of the <noteRef href="#c1252079" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Resources Act 1991 (offences of polluting controlled waters).</content></subparagraph><subparagraph eId="schedule-2-paragraph-9-7"><num>(7)</num><content>Any dispute as to the giving of consent under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.</content></subparagraph><subparagraph eId="schedule-2-paragraph-9-8"><num>(8)</num><intro>In this paragraph—</intro><level class="para1" eId="schedule-2-paragraph-9-8-a"><num>(a)</num><content>“<term refersTo="#term-public-sewer-or-drain" eId="term-public-sewer-or-drain">public sewer or drain</term>” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board, a local authority, an urban development corporation <ins class="first last" ukl:ChangeId="key-455f242640f77e4c9d30f7d4c989f84e-1479178480766" ukl:CommentaryRef="key-455f242640f77e4c9d30f7d4c989f84e"><noteRef uk:name="commentary" href="#key-455f242640f77e4c9d30f7d4c989f84e" class="commentary"/>, a Mayoral development corporation</ins> <ins class="first last" ukl:ChangeId="key-9d26c3801ab4a39dd70ff0d1c463dd14-1780492524028" ukl:CommentaryRef="key-9d26c3801ab4a39dd70ff0d1c463dd14"><noteRef uk:name="commentary" href="#key-9d26c3801ab4a39dd70ff0d1c463dd14" class="commentary"/>for an area in Greater London</ins> or a harbour authority within the meaning of the <noteRef href="#c1252080" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Harbours Act 1964,</content></level><level class="para1" eId="schedule-2-paragraph-9-8-b"><num>(b)</num><content>“<term refersTo="#term-watercourse" eId="term-watercourse">watercourse</term>” includes rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows, except a public sewer or drain, and</content></level><level class="para1" eId="schedule-2-paragraph-9-8-c"><num>(c)</num><content>other expressions used both in this paragraph and in the Water Resources Act 1991 have the same meanings as in that Act.</content></level></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-2-crossheading-entry-for-preparatory-purposes"><heading> Entry for preparatory purposes</heading><paragraph eId="schedule-2-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-2-paragraph-10-1"><num>(1)</num><intro>The nominated undertaker may, for the purposes of this Part of this Act—</intro><level class="para1" eId="schedule-2-paragraph-10-1-a"><num>(a)</num><content>survey or investigate any land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used or which may be affected by the works authorised by this Part of this Act,</content></level><level class="para1" eId="schedule-2-paragraph-10-1-b"><num>(b)</num><content>without prejudice to the generality of paragraph (a) above, make trial holes in such positions as it thinks fit on any such land to investigate the nature of the surface layer and subsoil and remove soil samples,</content></level><level class="para1" eId="schedule-2-paragraph-10-1-c"><num>(c)</num><content>without prejudice to the generality of paragraph (a) above, carry out archaeological investigations on any such land,</content></level><level class="para1" eId="schedule-2-paragraph-10-1-d"><num>(d)</num><content>take steps to protect or remove any flora or fauna on any such land which may be affected by the carrying out of the works authorised by this Part of this Act,</content></level><level class="para1" eId="schedule-2-paragraph-10-1-e"><num>(e)</num><content>place on, leave on and remove from any such land apparatus for use in connection with the exercise of any of the powers conferred by paragraphs (a) to (d) above, and</content></level><level class="para1" eId="schedule-2-paragraph-10-1-f"><num>(f)</num><content>enter on any such land for the purpose of exercising any of the powers conferred by paragraphs (a) to (e) above.</content></level></subparagraph><subparagraph eId="schedule-2-paragraph-10-2"><num>(2)</num><content>No land may be entered, or equipment placed or left on or removed from land, under sub-paragraph (1) above unless at least 7 days’ notice has been served on every owner and occupier of the land.</content></subparagraph><subparagraph eId="schedule-2-paragraph-10-3"><num>(3)</num><content>The power conferred by paragraph (f) of sub-paragraph (1) above includes power to enter with such vehicles and equipment as are necessary for the purpose of exercising any of the other powers conferred by that sub-paragraph.</content></subparagraph><subparagraph eId="schedule-2-paragraph-10-4"><num>(4)</num><content>Any person exercising the power conferred by sub-paragraph (1)(f) above on behalf of the nominated undertaker shall, if requested to do so, produce written evidence of his authority.</content></subparagraph><subparagraph eId="schedule-2-paragraph-10-5"><num>(5)</num><content>This paragraph shall not authorise the making of trial holes in a carriageway or footway without the consent of the highway authority, but such consent shall not be unreasonably withheld.</content></subparagraph><subparagraph eId="schedule-2-paragraph-10-6"><num>(6)</num><content>Any dispute as to the giving of consent under sub-paragraph (5) above shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.</content></subparagraph><subparagraph eId="schedule-2-paragraph-10-7"><num>(7)</num><content>The nominated undertaker shall compensate the owners and occupiers of land in respect of which the powers conferred by this paragraph are exercised for any loss which they may suffer by reason of the exercise of those powers.</content></subparagraph><subparagraph eId="schedule-2-paragraph-10-8"><num>(8)</num><content>Any dispute as to a person’s entitlement to compensation under sub-paragraph (7) above, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the <noteRef href="#c1252082" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1961.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-2-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-2-paragraph-10-1"><num>(1)</num><intro>The nominated undertaker may, for the purposes of this Part of this Act—</intro><level class="para1" eId="schedule-2-paragraph-10-1-a"><num>(a)</num><content>survey or investigate any land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used or which may be affected by the works authorised by this Part of this Act,</content></level><level class="para1" eId="schedule-2-paragraph-10-1-b"><num>(b)</num><content>without prejudice to the generality of paragraph (a) above, make trial holes in such positions as it thinks fit on any such land to investigate the nature of the surface layer and subsoil and remove soil samples,</content></level><level class="para1" eId="schedule-2-paragraph-10-1-c"><num>(c)</num><content>without prejudice to the generality of paragraph (a) above, carry out archaeological investigations on any such land,</content></level><level class="para1" eId="schedule-2-paragraph-10-1-d"><num>(d)</num><content>take steps to protect or remove any flora or fauna on any such land which may be affected by the carrying out of the works authorised by this Part of this Act,</content></level><level class="para1" eId="schedule-2-paragraph-10-1-e"><num>(e)</num><content>place on, leave on and remove from any such land apparatus for use in connection with the exercise of any of the powers conferred by paragraphs (a) to (d) above, and</content></level><level class="para1" eId="schedule-2-paragraph-10-1-f"><num>(f)</num><content>enter on any such land for the purpose of exercising any of the powers conferred by paragraphs (a) to (e) above.</content></level></subparagraph><subparagraph eId="schedule-2-paragraph-10-2"><num>(2)</num><content>No land may be entered, or equipment placed or left on or removed from land, under sub-paragraph (1) above unless at least 7 days’ notice has been served on every owner and occupier of the land.</content></subparagraph><subparagraph eId="schedule-2-paragraph-10-3"><num>(3)</num><content>The power conferred by paragraph (f) of sub-paragraph (1) above includes power to enter with such vehicles and equipment as are necessary for the purpose of exercising any of the other powers conferred by that sub-paragraph.</content></subparagraph><subparagraph eId="schedule-2-paragraph-10-4"><num>(4)</num><content>Any person exercising the power conferred by sub-paragraph (1)(f) above on behalf of the nominated undertaker shall, if requested to do so, produce written evidence of his authority.</content></subparagraph><subparagraph eId="schedule-2-paragraph-10-5"><num>(5)</num><content>This paragraph shall not authorise the making of trial holes in a carriageway or footway without the consent of the highway authority, but such consent shall not be unreasonably withheld.</content></subparagraph><subparagraph eId="schedule-2-paragraph-10-6"><num>(6)</num><content>Any dispute as to the giving of consent under sub-paragraph (5) above shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.</content></subparagraph><subparagraph eId="schedule-2-paragraph-10-7"><num>(7)</num><content>The nominated undertaker shall compensate the owners and occupiers of land in respect of which the powers conferred by this paragraph are exercised for any loss which they may suffer by reason of the exercise of those powers.</content></subparagraph><subparagraph eId="schedule-2-paragraph-10-8"><num>(8)</num><content>Any dispute as to a person’s entitlement to compensation under sub-paragraph (7) above, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the <noteRef href="#c1252082" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1961.</content></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="schedule-2-crossheading-temporary-interference-with-waterways"><heading> Temporary interference with waterways</heading><paragraph eId="schedule-2-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-2-paragraph-11-1"><num>(1)</num><content>The powers conferred by this paragraph shall be exercisable for the purpose of, or in connection with, the exercise of the powers conferred by this Part of this Act in relation to Work <abbr title="Number">No.</abbr> 1A, 1AA, 1B, 1BB, 1C, 1CC, 1D, 1DD, 1EE, 1FF, 1HH, 1K, 2, 2A, 2AA, 2B, 2BB, 3, 3B, 3C, 5D(1), 6, 6G, 10, 10A, 10R(2), 13 or 22J.</content></subparagraph><subparagraph eId="schedule-2-paragraph-11-2"><num>(2)</num><intro>The nominated undertaker may—</intro><level class="para1" eId="schedule-2-paragraph-11-2-a"><num>(a)</num><content>temporarily interfere with the relevant waterway, at any point within the limits of deviation for the scheduled works or within the limits of land to be acquired or used, by constructing or maintaining such temporary works, or by carrying out such dredging works, as it considers necessary or expedient,</content></level><level class="para1" eId="schedule-2-paragraph-11-2-b"><num>(b)</num><content>temporarily moor or anchor barges or other vessels or craft in the relevant waterway, or</content></level><level class="para1" eId="schedule-2-paragraph-11-2-c"><num>(c)</num><content>temporarily close the relevant waterway, or a part of it, to navigation.</content></level></subparagraph><subparagraph eId="schedule-2-paragraph-11-3"><num>(3)</num><intro>The power conferred by sub-paragraph (2)(c) above shall be exercised in a way which secures—</intro><level class="para1" eId="schedule-2-paragraph-11-3-a"><num>(a)</num><content>that no more of the waterway is closed to navigation at any time than is necessary in the circumstances, and</content></level><level class="para1" eId="schedule-2-paragraph-11-3-b"><num>(b)</num><content>that, if complete closure of the waterway to navigation becomes necessary, all reasonable steps are taken to secure that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use it.</content></level></subparagraph><subparagraph eId="schedule-2-paragraph-11-4"><num>(4)</num><content>The nominated undertaker shall not be liable for any loss suffered, or costs or expenses incurred, by any person as a direct or indirect result of any closure of a waterway in accordance with this paragraph.</content></subparagraph><subparagraph eId="schedule-2-paragraph-11-5"><num>(5)</num><intro>In this paragraph, “<term refersTo="#term-relevant-waterway" eId="term-relevant-waterway">relevant waterway</term>” means—</intro><level class="para1" eId="schedule-2-paragraph-11-5-a"><num>(a)</num><content>in relation to Works <abbr title="Numbers">Nos.</abbr> 1A, 1AA, 1B, 1BB, 1C, 1CC, 1D, 1DD, 1EE, 1FF, 1HH, 1K, 2, 2A, 2AA, 2B, 2BB, 3, 3B, 3C and 5D(1), the Regent’s Canal,</content></level><level class="para1" eId="schedule-2-paragraph-11-5-b"><num>(b)</num><content>in relation to Works <abbr title="Numbers">Nos.</abbr> 6 and 6G, the River Lea,</content></level><level class="para1" eId="schedule-2-paragraph-11-5-c"><num>(c)</num><content>in relation to Works <abbr title="Numbers">Nos.</abbr> 10, 10A, 10R(2) and 22J, the River Thames, and</content></level><level class="para1" eId="schedule-2-paragraph-11-5-d"><num>(d)</num><content>in relation to Work <abbr title="Number">No.</abbr> 13, the River Medway.</content></level></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-2-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-2-paragraph-11-1"><num>(1)</num><content>The powers conferred by this paragraph shall be exercisable for the purpose of, or in connection with, the exercise of the powers conferred by this Part of this Act in relation to Work <abbr title="Number">No.</abbr> 1A, 1AA, 1B, 1BB, 1C, 1CC, 1D, 1DD, 1EE, 1FF, 1HH, 1K, 2, 2A, 2AA, 2B, 2BB, 3, 3B, 3C, 5D(1), 6, 6G, 10, 10A, 10R(2), 13 or 22J.</content></subparagraph><subparagraph eId="schedule-2-paragraph-11-2"><num>(2)</num><intro>The nominated undertaker may—</intro><level class="para1" eId="schedule-2-paragraph-11-2-a"><num>(a)</num><content>temporarily interfere with the relevant waterway, at any point within the limits of deviation for the scheduled works or within the limits of land to be acquired or used, by constructing or maintaining such temporary works, or by carrying out such dredging works, as it considers necessary or expedient,</content></level><level class="para1" eId="schedule-2-paragraph-11-2-b"><num>(b)</num><content>temporarily moor or anchor barges or other vessels or craft in the relevant waterway, or</content></level><level class="para1" eId="schedule-2-paragraph-11-2-c"><num>(c)</num><content>temporarily close the relevant waterway, or a part of it, to navigation.</content></level></subparagraph><subparagraph eId="schedule-2-paragraph-11-3"><num>(3)</num><intro>The power conferred by sub-paragraph (2)(c) above shall be exercised in a way which secures—</intro><level class="para1" eId="schedule-2-paragraph-11-3-a"><num>(a)</num><content>that no more of the waterway is closed to navigation at any time than is necessary in the circumstances, and</content></level><level class="para1" eId="schedule-2-paragraph-11-3-b"><num>(b)</num><content>that, if complete closure of the waterway to navigation becomes necessary, all reasonable steps are taken to secure that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use it.</content></level></subparagraph><subparagraph eId="schedule-2-paragraph-11-4"><num>(4)</num><content>The nominated undertaker shall not be liable for any loss suffered, or costs or expenses incurred, by any person as a direct or indirect result of any closure of a waterway in accordance with this paragraph.</content></subparagraph><subparagraph eId="schedule-2-paragraph-11-5"><num>(5)</num><intro>In this paragraph, “<term refersTo="#term-relevant-waterway" eId="term-relevant-waterway">relevant waterway</term>” means—</intro><level class="para1" eId="schedule-2-paragraph-11-5-a"><num>(a)</num><content>in relation to Works <abbr title="Numbers">Nos.</abbr> 1A, 1AA, 1B, 1BB, 1C, 1CC, 1D, 1DD, 1EE, 1FF, 1HH, 1K, 2, 2A, 2AA, 2B, 2BB, 3, 3B, 3C and 5D(1), the Regent’s Canal,</content></level><level class="para1" eId="schedule-2-paragraph-11-5-b"><num>(b)</num><content>in relation to Works <abbr title="Numbers">Nos.</abbr> 6 and 6G, the River Lea,</content></level><level class="para1" eId="schedule-2-paragraph-11-5-c"><num>(c)</num><content>in relation to Works <abbr title="Numbers">Nos.</abbr> 10, 10A, 10R(2) and 22J, the River Thames, and</content></level><level class="para1" eId="schedule-2-paragraph-11-5-d"><num>(d)</num><content>in relation to Work <abbr title="Number">No.</abbr> 13, the River Medway.</content></level></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:default="http://www.w3.org/1999/xhtml" eId="schedule-3-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-3-paragraph-1-1"><num>(1)</num><content>Subject to the provisions of this paragraph, the nominated undertaker may, in connection with the construction of the works authorised by this Part of this Act, stop up each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of the following table.</content></subparagraph><subparagraph eId="schedule-3-paragraph-1-2"><num>(2)</num><intro>No highway or part of a highway specified in columns (1) and (2) of Part I of the following table shall be stopped up under this paragraph unless all the land which abuts on it falls within one or more of the following categories, namely—</intro><level class="para1" eId="schedule-3-paragraph-1-2-a"><num>(a)</num><content>land to which there is no right of access directly from the highway or part to be stopped up,</content></level><level class="para1" eId="schedule-3-paragraph-1-2-b"><num>(b)</num><content>land to which there is reasonably convenient access otherwise than directly from the highway or part to be stopped up,</content></level><level class="para1" eId="schedule-3-paragraph-1-2-c"><num>(c)</num><content>land the owners and occupiers of which have agreed to the stopping up of the highway or part, and</content></level><level class="para1" eId="schedule-3-paragraph-1-2-d"><num>(d)</num><content>land which is in the possession of the Secretary of State.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-1-3"><num>(3)</num><intro>No highway or part of a highway specified in columns (1) and (2) of Part II of the following table shall be stopped up under this paragraph if a new highway is specified in relation to it in column (3) of that Part of the table, by reference to the letters and numbers shown on the deposited plans or by reference to scheduled works, until—</intro><level class="para1" eId="schedule-3-paragraph-1-3-a"><num>(a)</num><content>where the new highway is provided in exercise of the powers conferred by this Part of this Act, the later of the date of practical completion and the date on which it is first open for public use, and</content></level><level class="para1" eId="schedule-3-paragraph-1-3-b"><num>(b)</num><content>where it is not, the date on which it is first open for public use.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-1-4"><num>(4)</num><content>Where a new highway specified in column (3) of Part II of the following table is provided in exercise of the powers conferred by this Part of this Act, the date of practical completion of the highway, or the date on which it is first open for public use, shall be taken for the purposes of sub-paragraph (3) above to be what it is taken to be for the purposes of paragraph 11(2) below.</content></subparagraph><wrapUp><tblock class="table" ukl:Orientation="portrait"><num>The Table</num><heading>Highways to be Stopped Up</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:td/></default:tr></default:tbody></default:table></foreign></tblock><tblock class="table" ukl:Orientation="portrait"><num>Part I</num><heading> Highways to be Stopped Up Without Provision of Substitute</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th></default:tr><default:tr><default:th>Area</default:th><default:th>Highway or part to be stopped up</default:th></default:tr><default:tr><default:th colspan="2">GREATER LONDON</default:th></default:tr><default:tr><default:td>London Borough of Camden</default:td><default:td>Battlebridge Road between points E3 and E4 Wellers Court between points F1 and F2 Clarence Passage between points G1 and G2 Stanley Passage between points H1 and H2</default:td></default:tr><default:tr><default:td>London Borough of Barking and Dagenham</default:td><default:td>Footpath 47 between points M4 and M5</default:td></default:tr><default:tr><default:th colspan="2">COUNTY OF ESSEX</default:th></default:tr><default:tr><default:td>Borough of Thurrock</default:td><default:td>Oliver Close between points F4 and F5</default:td></default:tr><default:tr><default:th colspan="2">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Dartford, Parishes of Swanscombe and Greenhithe and Southfleet</default:td><default:td>Access road adjoining A2 between points D6, D7 and D8</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Town of Gravesend</default:td><default:td>Footpath NU15 between points D3 and D4</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Cobham</default:td><default:td>Old Watling Street (B395) between points K1 and K2</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Parish of Cuxton</default:td><default:td>Footpath RS 205 between points D1 and D2 Footpath RR 27 between points D2 and D3</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Hollingbourne</default:td><default:td>Musket Lane between points A4 and A3</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Harrietsham</default:td><default:td>Footpath KH275 between points E5 and E3</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Charing</default:td><default:td>Footpath AW47 between points K1 and K2</default:td></default:tr><default:tr><default:td>Borough of Ashford, Town of Ashford</default:td><default:td>Gasworks Lane (D4543) between points E1 and E2</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Mersham</default:td><default:td>Footpath AE 386 between points C10 and C11</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Smeeth</default:td><default:td>Footpath AE 434 between points C3 and C2</default:td></default:tr><default:tr><default:td>District of Shepway, Parishes of Saltwood and Stanford</default:td><default:td>Footpath HE 346 between points A2 and A5 Stone Street between points B1 and B2</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Saltwood</default:td><default:td>Footpath HE 279 between points C9 and C10 Sandy Lane (D1752) between points C11 and C8</default:td></default:tr></default:tbody></default:table></foreign></tblock><tblock class="table" ukl:Orientation="portrait"><num>Part II</num><heading> Highways to be Stopped Up Only on Provision of Substitute</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th><default:th>(3)</default:th></default:tr><default:tr><default:th>Area</default:th><default:th>Highway or part to be stopped up</default:th><default:th>New highway to be substituted for it</default:th></default:tr><default:tr><default:th colspan="3">GREATER LONDON</default:th></default:tr><default:tr><default:td>London Borough of Camden</default:td><default:td>Midland Road between points B1 and B2</default:td><default:td>Work <abbr title="Number">No.</abbr> 5B</default:td></default:tr><default:tr><default:td/><default:td>Pancras Road between points C1, B2 and C2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 5B, 5C and 5D</default:td></default:tr><default:tr><default:td/><default:td>Taxi Road between points D1, D2 and D3</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 5F and 5F(1)</default:td></default:tr><default:tr><default:td/><default:td>Cheney Road between points E1, E2 and E3</default:td><default:td>Work <abbr title="Number">No.</abbr> 5C</default:td></default:tr><default:tr><default:td/><default:td>Goods Way between points K1 and K5</default:td><default:td>Work <abbr title="Number">No.</abbr> 5D</default:td></default:tr><default:tr><default:td/><default:td>Camley Street between points K4 and K6</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 5A and 5C</default:td></default:tr><default:tr><default:td/><default:td>York Way between points L1 and L2</default:td><default:td>Work <abbr title="Number">No.</abbr> 5Q</default:td></default:tr><default:tr><default:td>London Borough of Islington</default:td><default:td>Randell’s Road between points A1 and A2</default:td><default:td>Work <abbr title="Number">No.</abbr> 5Q(1)</default:td></default:tr><default:tr><default:td>London Borough of Barking and Dagenham</default:td><default:td>Pooles Lane between points M1 and M2</default:td><default:td>Work <abbr title="Number">No.</abbr> 22H(1) between its commencement and its junction with Work <abbr title="Number">No.</abbr> 22H(2), and Work <abbr title="Number">No.</abbr> 22H(2)</default:td></default:tr><default:tr><default:td/><default:td>Choats Manor Way between points M3 and M4</default:td><default:td>Work <abbr title="Number">No.</abbr> 22H(1) between its commencement and its junction with Work <abbr title="Number">No.</abbr> 8P(3)</default:td></default:tr><default:tr><default:td/><default:td>Choats Road between points L1 and L2</default:td><default:td>Work <abbr title="Number">No.</abbr> 8P(3)</default:td></default:tr><default:tr><default:td/><default:td>Hindmans Way between points L2 and L3</default:td><default:td>Work <abbr title="Number">No.</abbr> 8P(3)</default:td></default:tr><default:tr><default:td/><default:td>Chequers Lane between points L4 and L5</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 8P(3) and 8P(4)</default:td></default:tr><default:tr><default:td/><default:td>Kent Avenue between points J1 and J2</default:td><default:td>Work <abbr title="Number">No.</abbr> 8Q</default:td></default:tr><default:tr><default:td/><default:td>Thames Avenue between points K1 and K2</default:td><default:td>Work <abbr title="Number">No.</abbr> 8R</default:td></default:tr><default:tr><default:td>London Borough of Havering</default:td><default:td>Creekside between points C1 and C2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 8S and 8T</default:td></default:tr><default:tr><default:td/><default:td>Lamson Road between points D1 and D3</default:td><default:td>Work <abbr title="Number">No.</abbr> 8S</default:td></default:tr><default:tr><default:th colspan="3">COUNTY OF ESSEX</default:th></default:tr><default:tr><default:td>Borough of Thurrock</default:td><default:td>Footpath FP145 between points L1 and L2</default:td><default:td>New footpath between points L1, L3, L4, L5, L6, L7 and L2</default:td></default:tr><default:tr><default:td/><default:td>Arterial Road, Purfleet between points M1 and M2</default:td><default:td>Work <abbr title="Number">No.</abbr> 23C(1)</default:td></default:tr><default:tr><default:td/><default:td>Purfleet Bypass between points M3 and M4</default:td><default:td>Work <abbr title="Number">No.</abbr> 23C(3)</default:td></default:tr><default:tr><default:td/><default:td>Tank Lane between points M5 and M6</default:td><default:td>Work <abbr title="Number">No.</abbr> 23C(5) and Work <abbr title="Number">No.</abbr> 23C(4) between point M5 and its termination</default:td></default:tr><default:tr><default:td/><default:td>Botany Way between points M8 and M9</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 23C(2), 23C(3) and 23C(5)</default:td></default:tr><default:tr><default:td/><default:td>Footpath 167 between points N1 and N2</default:td><default:td>New footpath between points N1, N3 and N2</default:td></default:tr><default:tr><default:td/><default:td>Oliver Close (North) between points F1, F2 and F3</default:td><default:td>Work <abbr title="Number">No.</abbr> 9B</default:td></default:tr><default:tr><default:td/><default:td>Oliver Road between points G1 and G2</default:td><default:td>Work <abbr title="Number">No.</abbr> 9C</default:td></default:tr><default:tr><default:td/><default:td>Burnley Road and Watson Close between points H1, H2 and H3</default:td><default:td>Work <abbr title="Number">No.</abbr> 9D</default:td></default:tr><default:tr><default:td/><default:td>A1090 (Tank Hill Road) between points J8 and J2</default:td><default:td>Work <abbr title="Number">No.</abbr> 23B(1) and new footpath between points J8 and J9</default:td></default:tr><default:tr><default:td/><default:td>Access road to Purfleet Industrial Park between points J5 and J6</default:td><default:td>Work <abbr title="Number">No.</abbr> 23B(1) between its commencement and its junction with Work <abbr title="Number">No.</abbr> 23B(2), and Work <abbr title="Number">No.</abbr> 23B(2)</default:td></default:tr><default:tr><default:th colspan="3">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Dartford, Parish of Swanscombe and Greenhithe</default:td><default:td>Green Manor Way between points B1 and B2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 10J and 10J(1)</default:td></default:tr><default:tr><default:td/><default:td>Footpath DS17 between points D1 and D2</default:td><default:td>New footpath between points D1, D3 and D2</default:td></default:tr><default:tr><default:td>Borough of Dartford, Parish of Swanscombe and Greenhithe and Borough of Gravesham, Town of Gravesend</default:td><default:td>Lower Road between points B3 and B4</default:td><default:td>Work <abbr title="Number">No.</abbr> 10J</default:td></default:tr><default:tr><default:td>Borough of Dartford, Parishes of Swanscombe and Greenhithe and Southfleet</default:td><default:td>Park Corner Road and Southfleet Road (B259) between points E1, E2 and E3</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 10S(2) and 10(T)(6) to 10T(8)</default:td></default:tr><default:tr><default:td/><default:td>Access road between points F1 and F2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 10S(2), 10T(1), 10T(4), 10T(6) and 10T(8)</default:td></default:tr><default:tr><default:td>Borough of Dartford, Parish of Southfleet</default:td><default:td>Slip road from A2 to Park Corner Road between points C1 and C2</default:td><default:td>Work <abbr title="Number">No.</abbr> 10T(8)</default:td></default:tr><default:tr><default:td/><default:td>Footpath DR132 between points B1 and B2</default:td><default:td>New footpath between points B2 and B3</default:td></default:tr><default:tr><default:td/><default:td>New Barn Road between points A1 and A2</default:td><default:td>Work <abbr title="Number">No.</abbr> 11F</default:td></default:tr><default:tr><default:td/><default:td>Hook Green Road between points D1 and D2</default:td><default:td>Work <abbr title="Number">No.</abbr> 11D</default:td></default:tr><default:tr><default:td>Borough of Dartford, Parishes of Longfield and New Barn and Southfleet</default:td><default:td>Whitehill Road between points A1 and A2</default:td><default:td>Work <abbr title="Number">No.</abbr> 11C</default:td></default:tr><default:tr><default:td>Borough of Dartford, Parish of Longfield and New Barn and District of Sevenoaks, Parish of Horton Kirby and South Darenth</default:td><default:td>Footpath DR160 between points B1 and B2</default:td><default:td>New footpath between points B1, B3, B4 and B2</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Town of Gravesend</default:td><default:td>Manor Way between points B5 and B6</default:td><default:td>Work <abbr title="Number">No.</abbr> 10J(2)</default:td></default:tr><default:tr><default:td/><default:td>Footpath NU14 between points A1 and A2</default:td><default:td>New footpath between points A1, A3, A4 and A2</default:td></default:tr><default:tr><default:td/><default:td>Footpath NU 7A between points B1 and B2</default:td><default:td>New footpath between points B1, B3 and B2</default:td></default:tr><default:tr><default:td/><default:td>Footpath NU14 between points C1 and C2</default:td><default:td>New footpath between points C1, C3 and C2</default:td></default:tr><default:tr><default:td/><default:td>Footpath NU16 between points D1 and D2</default:td><default:td>New footpath between points D1 and D5</default:td></default:tr><default:tr><default:td/><default:td>Bridleway NU24 between points F1 and F2</default:td><default:td>New bridleway between points F1, F5, F6 and F2</default:td></default:tr><default:tr><default:td/><default:td>Footpath NU23 between points F3 and F4</default:td><default:td>New footpath between points F4 and F2</default:td></default:tr><default:tr><default:td/><default:td>Downs Road between points G1 and G2</default:td><default:td>Work <abbr title="Number">No.</abbr> 10P</default:td></default:tr><default:tr><default:td/><default:td>Access road to Hazells between points H1 and H2</default:td><default:td>Work <abbr title="Number">No.</abbr> 10Q</default:td></default:tr><default:tr><default:td/><default:td>Bridleway NU27 between points J1 and J2</default:td><default:td>New bridleway between points J1, J3, J4 and J2</default:td></default:tr><default:tr><default:td/><default:td>Footpath NU29 between points L1 and L2</default:td><default:td>New footpath between points L1, K3, L3 and L2</default:td></default:tr><default:tr><default:td/><default:td>Footpath NU9 between points K1 and K2</default:td><default:td>New footpath between points K1 and K3</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Town of Gravesend and Parish of Cobham</default:td><default:td>Footpaths NU18, NS193 and NG15 between points M1 and M4</default:td><default:td>New footpath between points M4 and M5</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Cobham</default:td><default:td>Church Road between points A1 and A2</default:td><default:td>Work <abbr title="Number">No.</abbr> 12C and new footpath between points A3, A4, A5 and A2</default:td></default:tr><default:tr><default:td/><default:td>Footpaths NG16 and NS175 between points B1 and B3</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 12C and 12D and new footpath between points B3 and B4</default:td></default:tr><default:tr><default:td/><default:td>Henhurst Road between points C1 and C2</default:td><default:td>Work <abbr title="Number">No.</abbr> 12D</default:td></default:tr><default:tr><default:td/><default:td>Footpath NS177 between points D1 and D2</default:td><default:td>Work No.12D and new footpaths between points D1 and D3 and between points D4 and D2</default:td></default:tr><default:tr><default:td/><default:td>Access road between points E1, E4 and E2</default:td><default:td>New access roads between points E1, E3 and E2 and between points E3 and E4</default:td></default:tr><default:tr><default:td/><default:td>Scotland Lane (Byway NS195) between points F1 and F2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 12E and 12F</default:td></default:tr><default:tr><default:td/><default:td>Watling Street (B395) between points G1 and G2</default:td><default:td>Work <abbr title="Number">No.</abbr> 12F</default:td></default:tr><default:tr><default:td/><default:td>Access road between points F3 and F4</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 12E and 12F</default:td></default:tr><default:tr><default:td/><default:td>Halfpence Lane (C492) and slip road to A2 between points H1 and H3</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 32B and 32C</default:td></default:tr><default:tr><default:td/><default:td>Slip road from A2 to Halfpence Lane between points H4 and H2</default:td><default:td>Work <abbr title="Number">No.</abbr> 32B</default:td></default:tr><default:tr><default:td/><default:td>Footpath NS179 between points L1 and L2</default:td><default:td>New footpaths between points L3 and L4 and between points L2 and L5</default:td></default:tr><default:tr><default:td/><default:td>Access road between points M1 and M2</default:td><default:td>Work <abbr title="Number">No.</abbr> 12L</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Shorne</default:td><default:td>A2 eastbound slip road between points J3 and J4</default:td><default:td>Work <abbr title="Number">No.</abbr> 32A</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parishes of Cobham and Shorne</default:td><default:td>Brewers Road between points J1 and J2</default:td><default:td>Work <abbr title="Number">No.</abbr> 12H</default:td></default:tr><default:tr><default:td/><default:td>Access road between points K3 and K2</default:td><default:td>Work <abbr title="Number">No.</abbr> 12K</default:td></default:tr><default:tr><default:td/><default:td>Footpath NS180 between points K2 and K4</default:td><default:td>Work <abbr title="Number">No.</abbr> 12K</default:td></default:tr><default:tr><default:td/><default:td>Footpath NS161 between points K6, K2, K8 and K5</default:td><default:td>Work <abbr title="Number">No.</abbr> 12K and new footpath between points L5, K7 and K5</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Town of Rochester and Parish of Cuxton</default:td><default:td>Footpath RS203 between points B2 and B3</default:td><default:td>New footpath between points B2, B5, B4 and B3</default:td></default:tr><default:tr><default:td/><default:td>A228 (Rochester Road) between points C1 and C3</default:td><default:td>Work <abbr title="Number">No.</abbr> 13A(4) and Work <abbr title="Number">No.</abbr> 36F between its commencement and its junction with Work <abbr title="Number">No.</abbr> 13A(4)</default:td></default:tr><default:tr><default:td/><default:td>M2 westbound entry slip road between points C6 and C7</default:td><default:td>Work <abbr title="Number">No.</abbr> 13A(2), Work <abbr title="Number">No.</abbr> 36C between its junction with Work <abbr title="Number">No.</abbr> 13A(2) and its termination, and Work <abbr title="Number">No.</abbr> 36E between its junction with Work <abbr title="Number">No.</abbr> 36C and its termination</default:td></default:tr><default:tr><default:td/><default:td>M2 westbound exit slip road between points C8 and C7</default:td><default:td>Work <abbr title="Number">No.</abbr> 13A(3) and Work <abbr title="Number">No.</abbr> 36E between its junction with Work <abbr title="Number">No.</abbr> 36C and its termination</default:td></default:tr><default:tr><default:td/><default:td>M2 eastbound exit slip road between points C9 and C4</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 13A(1) and 13A(4) and Work <abbr title="Number">No.</abbr> 36F between its commencement and its junction with Work <abbr title="Number">No.</abbr> 13A(4)</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Town of Rochester</default:td><default:td>Burham Road (D422) between points A1 and A2</default:td><default:td>Work <abbr title="Number">No.</abbr> 13B</default:td></default:tr><default:tr><default:td/><default:td>Bridleway RR16 between points E4, E11 and E12</default:td><default:td>Work <abbr title="Number">No.</abbr> 13C between its junction with Work <abbr title="Number">No.</abbr> 38F and its termination, Work <abbr title="Number">No.</abbr> 38F between point E13 and its termination, and new bridleway between points E4 and E13 (having a junction at point E4 with bridleway RR16 as existing, so far as not stopped up under paragraph 3 of Schedule 12 below, or, if so stopped up, with Work <abbr title="Number">No.</abbr> 38C)</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Town of Rochester and Borough of Tonbridge and Malling, Parish of Wouldham</default:td><default:td>Bridleway MR11 (Stony Lane) between points A1 and A2</default:td><default:td>Work <abbr title="Number">No.</abbr> 13C</default:td></default:tr><default:tr><default:td/><default:td>Bridleway MR12 between points E12 and A1</default:td><default:td>Work <abbr title="Number">No.</abbr> 13C</default:td></default:tr><default:tr><default:td>Borough of Tonbridge and Malling, Parish of Aylesford</default:td><default:td>Byway MR401 between points T1 and T2</default:td><default:td>Work <abbr title="Number">No.</abbr> 13E</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Boxley</default:td><default:td>Boarley Lane (D898) between points A1 and A2</default:td><default:td>Work <abbr title="Number">No.</abbr> 13G</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH25 between points B1 and B2</default:td><default:td>New footpath between points B1, B3 and B2</default:td></default:tr><default:tr><default:td/><default:td>Boxley Road (C97) between points C1 and C2</default:td><default:td>Work <abbr title="Number">No.</abbr> 13H</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH15 between points D1 and D2</default:td><default:td>New footpath between points D1, D3 and D2</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Thurnham</default:td><default:td>Footpath KH71 between points A1, A2 and A3</default:td><default:td>New footpath between points A1, A4, A5 and A6</default:td></default:tr><default:tr><default:td/><default:td>Thurnham Lane between points B1 and B2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14A</default:td></default:tr><default:tr><default:td/><default:td>Bridleway KH123 between points C1, C2 and C3</default:td><default:td>New bridleway between points C1 and C4</default:td></default:tr><default:tr><default:td/><default:td>Water Lane between points D1 and D2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14B</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH130 between points E1, E4 and E2</default:td><default:td>New footpaths between points E1, E3 and E2 and between points E3 and E4</default:td></default:tr><default:tr><default:td/><default:td>Bridleway KH134 (Crismill Lane) between points F1 and F2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14C</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parishes of Thurnham and Hollingbourne</default:td><default:td>Footpath KH141 between points G1 and G2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14C and new footpath between points G3 and G2</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Hollingbourne</default:td><default:td>Footpath KH132A between points A1 and A2</default:td><default:td>New footpath between points A1 and A3</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH198 between points C1, C2 and C3</default:td><default:td>New footpath between points C1, C4, C3 and C5</default:td></default:tr><default:tr><default:td/><default:td>Hospital Road (D971) between points D1 and D2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14E</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Broomfield</default:td><default:td>Footpath KH201 between points A1, A2 and A3</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 14F and 14G and new footpath between points A1, A4 and A5</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parishes of Broomfield and Hollingbourne</default:td><default:td>Greenway Court Road (D946) between points E1 and E2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 14F and 14G</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parishes of Broomfield and Harrietsham</default:td><default:td>A20 (Ashford Road) between points B1 and B2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14F</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Harrietsham</default:td><default:td>Footpath KH343 between points A1 and A5</default:td><default:td>New footpaths between points A1, A2 and A4 and between points A2 and A3</default:td></default:tr><default:tr><default:td/><default:td>Bridleway between points C1 and C2</default:td><default:td>New bridleway between those points</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH272 between points E1, E2, E3 and E4</default:td><default:td>New footpaths between points E1, E5 and E4 and between points E1 and E6</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH272A between points F1, F2 and F3</default:td><default:td>New footpath between points F1, F4 and F5</default:td></default:tr><default:tr><default:td/><default:td>Access road between points G1 and G2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14J</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Lenham</default:td><default:td>Footpath KH416 between points A1 and A2</default:td><default:td>New footpath between points A1 and A3</default:td></default:tr><default:tr><default:td/><default:td>Sandway Road (C92) between points C1 and C2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14L</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH414B between points D1 and D2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14L and new footpaths between points D3 and D1 and between points D4 and D5</default:td></default:tr><default:tr><default:td/><default:td>Old Ham Lane (D986) between points E1 and E2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14M</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH415 between points F3, F1 and F2</default:td><default:td>New footpath between points F4 and F5</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parishes of Boughton Malherbe and Lenham</default:td><default:td>Lenham Heath Road (C92) between points J1 and J2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14Q</default:td></default:tr><default:tr><default:td/><default:td>Lenham Heath Road (C92) between points K1 and K2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14R</default:td></default:tr><default:tr><default:td/><default:td>Bowley Lane between points L1 and L2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14S</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Lenham</default:td><default:td>Access road to Water Street Cottage between points M1 and M2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 14U and 14V</default:td></default:tr><default:tr><default:td/><default:td>Hook Street between points P1 and P2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 14U and 14V</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH408A between points Q1, Q2, Q3 and Q4</default:td><default:td>New footpath between points Q1 and Q4</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH407A between points R1 and R2</default:td><default:td>New footpath between points R1, R3, R4 and R2</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Charing</default:td><default:td>Bridleway AW58 between points D1, D2 and C3 and footpath AW17 between points C1 and C3</default:td><default:td>New bridleway and footpath between points D1, C1 and D3</default:td></default:tr><default:tr><default:td/><default:td>Hurst Lane (D1198) between points E1 and E2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 15E and 15F</default:td></default:tr><default:tr><default:td/><default:td>Newlands Road (D1199) between points F1 and F2</default:td><default:td>Work <abbr title="Number">No.</abbr> 15F</default:td></default:tr><default:tr><default:td/><default:td>Footpath AW30 between points G1 and G2</default:td><default:td>New footpath between points G3 and G2</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parishes of Charing and Little Chart</default:td><default:td>Leacon Lane (D1220) between points J1 and J2 and between points J3 and J4</default:td><default:td>Work <abbr title="Number">No.</abbr> 15H</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Charing</default:td><default:td>Footpath AW44 between points L1 and L2</default:td><default:td>New footpath between points L3, L4 and L2</default:td></default:tr><default:tr><default:td/><default:td>Footpath AW40 between points M1 and M2</default:td><default:td>New footpath between points M1, M3 and M2</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parishes of Charing, Hothfield and Westwell</default:td><default:td>A20 (Maidstone Road) at West Leacon between points P1 and P2 and between points P3 and P4</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 15K and 15L</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Westwell</default:td><default:td>Westwell Lane (D1227) between points B1 and B2</default:td><default:td>Work <abbr title="Number">No.</abbr> 15M</default:td></default:tr><default:tr><default:td/><default:td>Footpath AW123 between points A1 and A2</default:td><default:td>Work No.15M and new footpath between points A1 and A3</default:td></default:tr><default:tr><default:td/><default:td>Footpath AW124 between points C1, C2 and C3</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 15M and 15N and new footpath between points C4 and C5</default:td></default:tr><default:tr><default:td/><default:td>Footpath AW124 between points E1, E2 and E3</default:td><default:td>New footpath between points E1 and E3</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parishes of Hothfield and Westwell</default:td><default:td>A20 (Maidstone Road) at Yonsea between points F1 and F2</default:td><default:td>Work <abbr title="Number">No.</abbr> 15P</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Hothfield</default:td><default:td>Byway AW173 between points A1, A2 and A3</default:td><default:td>New byway between points A4 and A3</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Hothfield and Town of Ashford</default:td><default:td>Godinton Lane (C154) between points B1 and B2</default:td><default:td>Work <abbr title="Number">No.</abbr> 15Q</default:td></default:tr><default:tr><default:td>Borough of Ashford, Town of Ashford</default:td><default:td>Footpath AU67 between points A1 and A2</default:td><default:td>New footpath between points A1 and A3</default:td></default:tr><default:tr><default:td/><default:td>Godinton Road (B2074) between points C1 and C2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 16G and 16H</default:td></default:tr><default:tr><default:td/><default:td>Carlton Road (E1467) between points C4 and C5</default:td><default:td>Work <abbr title="Number">No.</abbr> 16G</default:td></default:tr><default:tr><default:td/><default:td>Footpath AU34 between points D1, D2 and D6</default:td><default:td>New footpath between points D1, D3, D4, D5 and D6</default:td></default:tr><default:tr><default:td/><default:td>Footpath AU37 between points F1 and F2</default:td><default:td>Work <abbr title="Number">No.</abbr> 16M</default:td></default:tr><default:tr><default:td/><default:td>Beaver Road (A2070) between points G1 and G2</default:td><default:td>Work <abbr title="Number">No.</abbr> 16N</default:td></default:tr><default:tr><default:td/><default:td>Footpath AU52 between points J1 and J2</default:td><default:td>New footpath between points J1, J3, J4, J5 and J2</default:td></default:tr><default:tr><default:td/><default:td>Boys Hall Road and Canterbury Road (E1466) between points P1 and P2</default:td><default:td>Work <abbr title="Number">No.</abbr> 16QQ</default:td></default:tr><default:tr><default:td/><default:td>Footpath AU51 between points Q1 and Q2</default:td><default:td>Work <abbr title="Number">No.</abbr> 16RR(1) and Work <abbr title="Number">No.</abbr> 16RR between its junction with Work <abbr title="Number">No.</abbr> 16RR(1) and point Q2</default:td></default:tr><default:tr><default:td/><default:td>Crowbridge Road (D4488) between points N1 and N2</default:td><default:td>Work <abbr title="Number">No.</abbr> 16RR(1) and Work <abbr title="Number">No.</abbr> 16RR between its commencement and its junction with Work <abbr title="Number">No.</abbr> 16RR(1)</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Sevington</default:td><default:td>Footpath AE341 between points A1 and A2</default:td><default:td>New footpath between points A1 and A5</default:td></default:tr><default:tr><default:td/><default:td>Footpath AE343 between points A2, A7 and A3</default:td><default:td>New footpath between points A5, A6 and A3</default:td></default:tr><default:tr><default:td/><default:td>Footpath AE342 between points A2 and A4</default:td><default:td>New footpath between points A5 and A8</default:td></default:tr><default:tr><default:td/><default:td>Highfield Lane between points B5, B4, B6 and B7 and between points B8 and B9</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 17B, 17C and 17C(1)</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parishes of Sevington and Mersham</default:td><default:td>Footpath AE344 between points C1 and C2 and footpath AE364 between points C2, C4 and C5</default:td><default:td>New footpath between points C6, C7, C8, C9, C3 and C5</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Mersham</default:td><default:td>Church Road (C177) between points B1 and B2 and between points B3 and B4</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 17F and 17G</default:td></default:tr><default:tr><default:td/><default:td>Footpath AE369 between points D1 and D2</default:td><default:td>New footpath between points D1 and D3</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parishes of Mersham and Smeeth</default:td><default:td>Footpath AE373 between points E1 and E2</default:td><default:td>New footpath between points E1, E3 and E2</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Smeeth</default:td><default:td>Footpath AE428 between points A1, A2 and A3 and footpath AE430 between points A2 and A4</default:td><default:td>New footpath between points A3, A5, A1 and A4</default:td></default:tr><default:tr><default:td/><default:td>Station Road (B2069) between points B1 and B2</default:td><default:td>Work <abbr title="Number">No.</abbr> 17H</default:td></default:tr><default:tr><default:td/><default:td>Footpath AE435 between points C1 and C8</default:td><default:td>New footpath between points C1, C3, and C4</default:td></default:tr><default:tr><default:td/><default:td>Footpath AE437 between points C7 and C5</default:td><default:td>New footpath between points C7, C6, C4 and C5</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Aldington</default:td><default:td>Church Lane (B1424) between points E1 and E2</default:td><default:td>Work <abbr title="Number">No.</abbr> 17K</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Sellindge</default:td><default:td>Footpath HE309 between points A1, A3 and A4</default:td><default:td>New footpath between points A1, A2 and A4</default:td></default:tr><default:tr><default:td/><default:td>Bridleway HE271A between points C1, C2 and C3</default:td><default:td>New bridleway between points C1 and C4 and new footpath between points C1, C2 and C3</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Stanford</default:td><default:td>Footpath HE274 between points A1, A2 and A4</default:td><default:td>New footpath between points A1 and A4</default:td></default:tr><default:tr><default:td>District of Shepway, Parishes of Postling, Saltwood and Stanford</default:td><default:td>Footpath HE227 between points B3, C1, C2, C3 and C4</default:td><default:td>Work No.17N and new footpaths between points B3, B4 and C5 and between points C6 and C4</default:td></default:tr><default:tr><default:td>District of Shepway, Parishes of Postling and Saltwood</default:td><default:td>A20 (Ashford Road) between points B1 and B2</default:td><default:td>Work <abbr title="Number">No.</abbr> 17Q and new footpath between points B3, B4 and B5</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Saltwood</default:td><default:td>Footpath HE294 between points A1 and A2</default:td><default:td>Work <abbr title="Number">No.</abbr> 18H and new footpath between points A1 and A3</default:td></default:tr><default:tr><default:td/><default:td>Footpath HE280 between points C1, C2 and C3</default:td><default:td>New footpath between points C4 and C5</default:td></default:tr><default:tr><default:td/><default:td>Footpath HE349 between points C3, C10, C6 and C7</default:td><default:td>New footpath between points C8, C9 and C7</default:td></default:tr><default:tr><default:td/><default:td>Bridleway HE350 between points C11 and C12</default:td><default:td>New bridleway between points C12 and C8</default:td></default:tr></default:tbody></default:table></foreign></tblock></wrapUp></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-3-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-3-paragraph-2-1"><num>(1)</num><intro>Subject to the provisions of this paragraph, the nominated undertaker may, in connection with the construction of the works authorised by this Part of this Act, stop up any bridleway or footpath, or part of a bridleway or footpath, which is—</intro><level class="para1" eId="schedule-3-paragraph-2-1-a"><num>(a)</num><content>within the limits of deviation for the scheduled works or within the limits of land to be acquired or used, and</content></level><level class="para1" eId="schedule-3-paragraph-2-1-b"><num>(b)</num><content>not specified in columns (1) and (2) of the table in paragraph 1 above.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-2-2"><num>(2)</num><content>The power conferred by sub-paragraph (1) above shall not be exercised unless the proposed stopping up has been confirmed by the <ins class="first last" ukl:ChangeId="d29p8385" ukl:CommentaryRef="c1899097"><noteRef uk:name="commentary" href="#c1899097" class="commentary"/>appropriate Ministers</ins> upon application by the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-3-paragraph-2-3"><num>(3)</num><intro>The <ins class="first last" ukl:ChangeId="d29p8395" ukl:CommentaryRef="c1899098"><noteRef uk:name="commentary" href="#c1899098" class="commentary"/>appropriate Ministers</ins> shall grant an application under sub-paragraph (2) above if, but only if, <ins class="first last" ukl:ChangeId="d29p8399" ukl:CommentaryRef="c1899099"><noteRef uk:name="commentary" href="#c1899099" class="commentary"/>they are</ins> satisfied—</intro><level class="para1" eId="schedule-3-paragraph-2-3-a"><num>(a)</num><content>that an alternative bridleway or footpath has been provided,</content></level><level class="para1" eId="schedule-3-paragraph-2-3-b"><num>(b)</num><content>that an alternative bridleway or footpath will be provided before the proposed stopping up takes place, or</content></level><level class="para1" eId="schedule-3-paragraph-2-3-c"><num>(c)</num><content>that the provision of an alternative bridleway or footpath is not required.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-2-4"><num>(4)</num><content>Where the <ins class="first last" ukl:ChangeId="d29p8427" ukl:CommentaryRef="c1899140"><noteRef uk:name="commentary" href="#c1899140" class="commentary"/>appropriate Ministers grant</ins> an application under sub-paragraph (2) above, <ins class="first last" ukl:ChangeId="d29p8431" ukl:CommentaryRef="c1899145"><noteRef uk:name="commentary" href="#c1899145" class="commentary"/>they</ins> shall notify the nominated undertaker of the basis on which the application is granted.</content></subparagraph><subparagraph eId="schedule-3-paragraph-2-5"><num>(5)</num><content>Where the basis on which an application under sub-paragraph (2) above is granted is that an alternative bridleway or footpath will be provided, the proposed stopping up shall not take place until the alternative has been provided.</content></subparagraph><subparagraph eId="schedule-3-paragraph-2-6"><num>(6)</num><intro>Before making an application under sub-paragraph (2) above, the nominated undertaker shall publish in at least one local newspaper circulating in the relevant area a notice—</intro><level class="para1" eId="schedule-3-paragraph-2-6-a"><num>(a)</num><intro>specifying—</intro><level class="para2" eId="schedule-3-paragraph-2-6-a-i"><num>(i)</num><content>the bridleway or footpath, or part, proposed to be stopped up,</content></level><level class="para2" eId="schedule-3-paragraph-2-6-a-ii"><num>(ii)</num><content>what, if any, alternative bridleway or footpath is proposed, and</content></level><level class="para2" eId="schedule-3-paragraph-2-6-a-iii"><num>(iii)</num><content>if no alternative is proposed, the reasons why,</content></level></level><level class="para1" eId="schedule-3-paragraph-2-6-b"><num>(b)</num><content>specifying a place in the relevant area where a map or plan illustrating the proposals may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of publication of the notice (“<term refersTo="#term-the-publication-date" eId="term-the-publication-date">the publication date</term>”),</content></level><level class="para1" eId="schedule-3-paragraph-2-6-c"><num>(c)</num><content>stating that any person may within that period make representations about confirmation under sub-paragraph (2) above of the proposed stopping up, and</content></level><level class="para1" eId="schedule-3-paragraph-2-6-d"><num>(d)</num><content>specifying the manner in which such representations may be made.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-2-7"><num>(7)</num><intro>Not later than the publication date, the nominated undertaker shall—</intro><level class="para1" eId="schedule-3-paragraph-2-7-a"><num>(a)</num><content>serve a copy of the notice, together with any map or plan to which it refers, on every local authority whose area includes any of the land on which the bridleway or footpath, or part, proposed to be stopped up is situated, and</content></level><level class="para1" eId="schedule-3-paragraph-2-7-b"><num>(b)</num><content>cause a copy of the notice to be displayed in a prominent position at the ends of the bridleway or footpath, or part, proposed to be stopped up.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-2-8"><num>(8)</num><content>Before granting an application under sub-paragraph (2) above, the <ins class="first last" ukl:ChangeId="d29p8516" ukl:CommentaryRef="c1899150"><noteRef uk:name="commentary" href="#c1899150" class="commentary"/>appropriate Ministers</ins> shall consider any representations made to <ins class="first last" ukl:ChangeId="d29p8520" ukl:CommentaryRef="c1899153"><noteRef uk:name="commentary" href="#c1899153" class="commentary"/>them</ins> in accordance with the nominated undertaker’s notice which have not been withdrawn.</content></subparagraph><subparagraph eId="schedule-3-paragraph-2-9"><num>(9)</num><content>Unless <ins class="first last" ukl:ChangeId="d29p8530" ukl:CommentaryRef="c1899154"><noteRef uk:name="commentary" href="#c1899154" class="commentary"/>they direct</ins> otherwise, <ins class="first last" ukl:ChangeId="d29p8534" ukl:CommentaryRef="c1899155"><noteRef uk:name="commentary" href="#c1899155" class="commentary"/>the Secretary of State's functions</ins> in relation to an application under sub-paragraph (2) above shall, instead of being carried out by <ins class="first last" ukl:ChangeId="d29p8538" ukl:CommentaryRef="c1899158"><noteRef uk:name="commentary" href="#c1899158" class="commentary"/>them</ins>, be carried out by a person appointed by <ins class="first last" ukl:ChangeId="d29p8542" ukl:CommentaryRef="c1899163"><noteRef uk:name="commentary" href="#c1899163" class="commentary"/>them</ins> for the purpose.</content></subparagraph><subparagraph eId="schedule-3-paragraph-2-10"><num>(10)</num><content>In sub-paragraph (6) above, references to the relevant area are to the area in which the bridleway or footpath, or part, proposed to be stopped up is situated.</content></subparagraph><subparagraph eId="schedule-3-paragraph-2-11"><num>(11)</num><content>In sub-paragraph (7)(a) above, “<term refersTo="#term-local-authority" eId="term-local-authority">local authority</term>” means the council of a county, district, parish or London borough, a joint authority established by Part IV of the <noteRef href="#c1899168" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Local Government Act 1985, <ins class="first last" ukl:ChangeId="key-814d9e045ef038147c86805dd3b1f7fe-1503381195989" ukl:CommentaryRef="key-814d9e045ef038147c86805dd3b1f7fe"><noteRef uk:name="commentary" href="#key-814d9e045ef038147c86805dd3b1f7fe" class="commentary"/>the London Fire Commissioner,</ins> a housing action trust established under Part III of the <noteRef href="#c1899173" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Housing Act 1988 and the parish meeting of a rural parish not having a separate parish council.</content></subparagraph><subparagraph eId="schedule-3-paragraph-2-12"><num><ins class="first" ukl:ChangeId="d29p8569" ukl:CommentaryRef="c1899241"><noteRef uk:name="commentary" href="#c1899241" class="commentary"/>(12)</ins></num><content><ins class="last" ukl:ChangeId="d29p8569" ukl:CommentaryRef="c1899241">In this paragraph references to the appropriate Ministers are to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport, Local Government and the Regions and, in relation to the carrying out of any functions, are to those Ministers acting jointly.</ins></content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-3-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-3-paragraph-3-1"><num>(1)</num><intro>On a highway or part of a highway being stopped up under paragraph 1 or 2 above—</intro><level class="para1" eId="schedule-3-paragraph-3-1-a"><num>(a)</num><content>all rights of way over or along it shall be extinguished, and</content></level><level class="para1" eId="schedule-3-paragraph-3-1-b"><num>(b)</num><content>the Secretary of State may appropriate and use, without making any payment, so much of the site of it as is bounded on both sides by land which he owns.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-3-2"><num>(2)</num><content>The nominated undertaker shall compensate any person who suffers loss by the extinguishment under this paragraph of a private right of way.</content></subparagraph><subparagraph eId="schedule-3-paragraph-3-3"><num>(3)</num><content>Any dispute as to a person’s entitlement to compensation under sub-paragraph (2) above, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the <noteRef href="#c1899298" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1961.</content></subparagraph><subparagraph eId="schedule-3-paragraph-3-4"><num>(4)</num><content>The Secretary of State shall not be entitled to any mines or minerals under land which he is entitled to appropriate and use under sub-paragraph (1)(b) above, with the exception of minerals necessarily extracted or used in the construction of the undertaking which the nominated undertaker is authorised to carry on by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-3-paragraph-3-5"><num>(5)</num><intro>Part III of Schedule 2 to the <noteRef href="#c1899299" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981 (regulation of the working of mines or minerals underlying an authorised undertaking) shall apply in relation to the working of any mines or minerals underlying land which the Secretary of State is entitled to appropriate and use under sub-paragraph (1)(b) above with the following modifications—</intro><level class="para1" eId="schedule-3-paragraph-3-5-a"><num>(a)</num><content>references to the undertaking shall be construed as references to the undertaking which the nominated undertaker is authorised to carry on by this Part of this Act,</content></level><level class="para1" eId="schedule-3-paragraph-3-5-b"><num>(b)</num><content>in paragraphs 3 to 5 and 7 to 9, references to the acquiring authority shall be construed as references to the nominated undertaker, and</content></level><level class="para1" eId="schedule-3-paragraph-3-5-c"><num>(c)</num><content>in paragraph 6, the first of the references to the acquiring authority shall be construed as a reference to the nominated undertaker.</content></level></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-3-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-3-paragraph-6-1"><num>(1)</num><intro>For the purposes of the works authorised by this Part of this Act, the nominated undertaker may—</intro><level class="para1" eId="schedule-3-paragraph-6-1-a"><num>(a)</num><content>temporarily stop up or alter or divert any highway or part of a highway,</content></level><level class="para1" eId="schedule-3-paragraph-6-1-b"><num>(b)</num><intro>for any reasonable time—</intro><level class="para2" eId="schedule-3-paragraph-6-1-b-i"><num>(i)</num><content>divert traffic from, and</content></level><level class="para2" eId="schedule-3-paragraph-6-1-b-ii"><num>(ii)</num><content>prevent persons passing along,</content></level><wrapUp>any highway or part of a highway, and</wrapUp></level><level class="para1" eId="schedule-3-paragraph-6-1-c"><num>(c)</num><content>break up or interfere with any highway or part of a highway (including any sewer, drain or tunnel in it).</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-6-2"><num>(2)</num><content>The nominated undertaker shall provide reasonable access for pedestrians going to or from premises abutting on a highway affected by the exercise of the powers conferred by this paragraph if there would otherwise be no such access.</content></subparagraph><subparagraph eId="schedule-3-paragraph-6-3"><num>(3)</num><content>It is hereby declared for the avoidance of doubt that there is no need to reinstate a highway or part of a highway in relation to which any of the powers conferred by sub-paragraph (1) above has been exercised where the exercise of the power comes to an end on the exercise, in relation to the highway or part, of the power conferred by paragraph 1(1) or 2(1) above.</content></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-3-crossheading-street-works"><heading> Street works</heading><paragraph eId="schedule-3-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-3-paragraph-7-1"><num>(1)</num><intro>The nominated undertaker may, for the purposes of the works authorised by this Part of this Act, enter upon any highway within the limits of deviation for the scheduled works or within the limits of land to be acquired or used and—</intro><level class="para1" eId="schedule-3-paragraph-7-1-a"><num>(a)</num><content>place apparatus in it,</content></level><level class="para1" eId="schedule-3-paragraph-7-1-b"><num>(b)</num><content>maintain apparatus in it,</content></level><level class="para1" eId="schedule-3-paragraph-7-1-c"><num>(c)</num><content>change the position of apparatus in it,</content></level><level class="para1" eId="schedule-3-paragraph-7-1-d"><num>(d)</num><content>remove apparatus from it, and</content></level><level class="para1" eId="schedule-3-paragraph-7-1-e"><num>(e)</num><content>execute any works required for, or incidental to, any works authorised by paragraph (a), (b), (c) or (d) above.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-7-2"><num>(2)</num><content>In this paragraph, “<term refersTo="#term-apparatus" eId="term-apparatus">apparatus</term>” has the same meaning as in Part III of the <noteRef href="#c1899308" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991.</content></subparagraph></paragraph><paragraph eId="schedule-3-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-3-paragraph-8-1"><num>(1)</num><intro>Works to which sub-paragraph (2) below applies shall be treated for the purposes of Part III of the New Roads and Street Works Act 1991 (street works) as major highway works if—</intro><level class="para1" eId="schedule-3-paragraph-8-1-a"><num>(a)</num><content>they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) of that Act (which defines what highway authority works are major highway works), or</content></level><level class="para1" eId="schedule-3-paragraph-8-1-b"><num>(b)</num><content>they are works which, had they been executed under the powers of the highway authority, might have been carried out in exercise of the powers conferred by section 64 (dual carriageways and roundabouts) or 184 (vehicle crossings over footways and verges) of the <noteRef href="#c1899330" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Highways Act 1980.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-8-2"><num>(2)</num><content>This sub-paragraph applies to any works executed under this Part of this Act in relation to a highway which consists of or includes a carriageway, other than those executed under power delegated to a highway authority by an agreement under paragraph 14(2) below.</content></subparagraph><subparagraph eId="schedule-3-paragraph-8-3"><num>(3)</num><content>In Part III of the New Roads and Street Works Act 1991, references, in relation to major highway works, to the highway authority concerned shall, in relation to works which are major highway works by virtue of sub-paragraph (1) above, be construed as references to the nominated undertaker.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-3-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-3-paragraph-7-1"><num>(1)</num><intro>The nominated undertaker may, for the purposes of the works authorised by this Part of this Act, enter upon any highway within the limits of deviation for the scheduled works or within the limits of land to be acquired or used and—</intro><level class="para1" eId="schedule-3-paragraph-7-1-a"><num>(a)</num><content>place apparatus in it,</content></level><level class="para1" eId="schedule-3-paragraph-7-1-b"><num>(b)</num><content>maintain apparatus in it,</content></level><level class="para1" eId="schedule-3-paragraph-7-1-c"><num>(c)</num><content>change the position of apparatus in it,</content></level><level class="para1" eId="schedule-3-paragraph-7-1-d"><num>(d)</num><content>remove apparatus from it, and</content></level><level class="para1" eId="schedule-3-paragraph-7-1-e"><num>(e)</num><content>execute any works required for, or incidental to, any works authorised by paragraph (a), (b), (c) or (d) above.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-7-2"><num>(2)</num><content>In this paragraph, “<term refersTo="#term-apparatus" eId="term-apparatus">apparatus</term>” has the same meaning as in Part III of the <noteRef href="#c1899308" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-3-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-3-paragraph-8-1"><num>(1)</num><intro>Works to which sub-paragraph (2) below applies shall be treated for the purposes of Part III of the New Roads and Street Works Act 1991 (street works) as major highway works if—</intro><level class="para1" eId="schedule-3-paragraph-8-1-a"><num>(a)</num><content>they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) of that Act (which defines what highway authority works are major highway works), or</content></level><level class="para1" eId="schedule-3-paragraph-8-1-b"><num>(b)</num><content>they are works which, had they been executed under the powers of the highway authority, might have been carried out in exercise of the powers conferred by section 64 (dual carriageways and roundabouts) or 184 (vehicle crossings over footways and verges) of the <noteRef href="#c1899330" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Highways Act 1980.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-8-2"><num>(2)</num><content>This sub-paragraph applies to any works executed under this Part of this Act in relation to a highway which consists of or includes a carriageway, other than those executed under power delegated to a highway authority by an agreement under paragraph 14(2) below.</content></subparagraph><subparagraph eId="schedule-3-paragraph-8-3"><num>(3)</num><content>In Part III of the New Roads and Street Works Act 1991, references, in relation to major highway works, to the highway authority concerned shall, in relation to works which are major highway works by virtue of sub-paragraph (1) above, be construed as references to the nominated undertaker.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-3-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-3-paragraph-9-1"><num>(1)</num><intro>Where under this Part of this Act the nominated undertaker—</intro><level class="para1" eId="schedule-3-paragraph-9-1-a"><num>(a)</num><content>constructs a new highway, or</content></level><level class="para1" eId="schedule-3-paragraph-9-1-b"><num>(b)</num><content>alters a highway, otherwise than by carrying out street works within the meaning of Part III of the New Roads and Street Works Act 1991,</content></level><wrapUp>the construction or alteration shall be completed to the reasonable satisfaction of the highway authority.</wrapUp></subparagraph><subparagraph eId="schedule-3-paragraph-9-2"><num>(2)</num><content>Where work to which sub-paragraph (1) above applies has been completed to the reasonable satisfaction of a highway authority, it shall certify that fact in writing to the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-3-paragraph-9-3"><num>(3)</num><intro>If the nominated undertaker requests a highway authority to issue a certificate under sub-paragraph (2) above and the highway authority does not before the end of the period of 28 days beginning with the date on which the request was made—</intro><level class="para1" eId="schedule-3-paragraph-9-3-a"><num>(a)</num><content>issue a certificate under that sub-paragraph, or</content></level><level class="para1" eId="schedule-3-paragraph-9-3-b"><num>(b)</num><content>notify the nominated undertaker of its decision to refuse to issue such a certificate,</content></level><wrapUp>it shall be deemed to have issued such a certificate at the end of that period.</wrapUp></subparagraph><subparagraph eId="schedule-3-paragraph-9-4"><num>(4)</num><content>Any dispute with a highway authority under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-3-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-3-paragraph-10-1"><num>(1)</num><intro>Sub-paragraph (2) below applies where under this Part of this Act the nominated undertaker—</intro><level class="para1" eId="schedule-3-paragraph-10-1-a"><num>(a)</num><content>realigns a highway which is constituted by or comprises a carriageway, or</content></level><level class="para1" eId="schedule-3-paragraph-10-1-b"><num>(b)</num><content>constructs a new highway which is constituted by or comprises a carriageway,</content></level><wrapUp>and the highway is one for which a local highway authority is the highway authority.</wrapUp></subparagraph><subparagraph eId="schedule-3-paragraph-10-2"><num>(2)</num><content>The realignment, or construction, shall be carried out in accordance with plans, sections and specifications approved by the highway authority at the request of the nominated undertaker, such approval not to be unreasonably withheld.</content></subparagraph><subparagraph eId="schedule-3-paragraph-10-3"><num>(3)</num><content>Any dispute with a highway authority under sub-paragraph (2) above shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.</content></subparagraph><subparagraph eId="schedule-3-paragraph-10-4"><num>(4)</num><content>If, on application by the nominated undertaker for the approval of plans, sections or specifications under sub-paragraph (2) above, the highway authority fails to notify the nominated undertaker of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have approved the plans, sections or specifications as submitted.</content></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-3-crossheading-maintenance"><heading> Maintenance</heading><paragraph eId="schedule-3-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-3-paragraph-11-1"><num>(1)</num><intro>Sub-paragraph (2) below applies where under this Part of this Act the nominated undertaker—</intro><level class="para1" eId="schedule-3-paragraph-11-1-a"><num>(a)</num><content>constructs a new highway, or</content></level><level class="para1" eId="schedule-3-paragraph-11-1-b"><num>(b)</num><content>alters a highway, otherwise than by carrying out street works within the meaning of Part III of the <noteRef href="#c1899334" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-11-2"><num>(2)</num><intro>Unless otherwise agreed between the nominated undertaker and the highway authority, the new or altered highway shall be maintained by and at the expense of the nominated undertaker for a period of 12 months from the later of—</intro><level class="para1" eId="schedule-3-paragraph-11-2-a"><num>(a)</num><content>the date of practical completion, and</content></level><level class="para1" eId="schedule-3-paragraph-11-2-b"><num>(b)</num><content>the date on which it is first open for public use;</content></level><wrapUp>and after the end of that period shall be maintained by and at the expense of the highway authority.</wrapUp></subparagraph><subparagraph eId="schedule-3-paragraph-11-3"><num>(3)</num><content>Where in relation to a highway to which sub-paragraph (2) above applies the highway authority is satisfied that the highway is practically complete or is open for public use, it shall, at the request of the nominated undertaker, certify to it in writing the date of practical completion of the highway or, as the case may be, the date on which it was first open for public use.</content></subparagraph><subparagraph eId="schedule-3-paragraph-11-4"><num>(4)</num><content>If the highway authority refuses a request to issue a certificate under sub-paragraph (3) above, or if the nominated undertaker disputes the date given in a certificate under that sub-paragraph, the matter shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.</content></subparagraph><subparagraph eId="schedule-3-paragraph-11-5"><num>(5)</num><intro>For the purposes of sub-paragraph (2) above, the date of practical completion of a highway, or the date on which it is first open for public use, shall be taken to be—</intro><level class="para1" eId="schedule-3-paragraph-11-5-a"><num>(a)</num><content>where the date has been determined under sub-paragraph (4) above, the date so determined, and</content></level><level class="para1" eId="schedule-3-paragraph-11-5-b"><num>(b)</num><content>where it has not, the date certified under sub-paragraph (3) above.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-11-6"><num>(6)</num><intro>Sub-paragraph (2) above shall not have effect to impose any obligation in relation to—</intro><level class="para1" eId="schedule-3-paragraph-11-6-a"><num>(a)</num><content>the structure of any bridge carrying a highway over, or</content></level><level class="para1" eId="schedule-3-paragraph-11-6-b"><num>(b)</num><content>the structure of any tunnel carrying a highway under,</content></level><wrapUp>any railway of the nominated undertaker.</wrapUp></subparagraph><subparagraph eId="schedule-3-paragraph-11-7"><num>(7)</num><content>Nothing in this paragraph shall prejudice the operation of section 87 of the New Roads and Street Works Act 1991.</content></subparagraph></paragraph><paragraph eId="schedule-3-paragraph-12" class="schProv1"><num>12</num><content>Notwithstanding anything in section 46 of the <noteRef href="#c1899336" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Clauses Consolidation Act 1845, as incorporated with this Act, the nominated undertaker shall not be liable to maintain the surface of any highway under or over which the scheduled works shall be constructed, or the immediate approaches to any such highway.</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-3-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-3-paragraph-11-1"><num>(1)</num><intro>Sub-paragraph (2) below applies where under this Part of this Act the nominated undertaker—</intro><level class="para1" eId="schedule-3-paragraph-11-1-a"><num>(a)</num><content>constructs a new highway, or</content></level><level class="para1" eId="schedule-3-paragraph-11-1-b"><num>(b)</num><content>alters a highway, otherwise than by carrying out street works within the meaning of Part III of the <noteRef href="#c1899334" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-11-2"><num>(2)</num><intro>Unless otherwise agreed between the nominated undertaker and the highway authority, the new or altered highway shall be maintained by and at the expense of the nominated undertaker for a period of 12 months from the later of—</intro><level class="para1" eId="schedule-3-paragraph-11-2-a"><num>(a)</num><content>the date of practical completion, and</content></level><level class="para1" eId="schedule-3-paragraph-11-2-b"><num>(b)</num><content>the date on which it is first open for public use;</content></level><wrapUp>and after the end of that period shall be maintained by and at the expense of the highway authority.</wrapUp></subparagraph><subparagraph eId="schedule-3-paragraph-11-3"><num>(3)</num><content>Where in relation to a highway to which sub-paragraph (2) above applies the highway authority is satisfied that the highway is practically complete or is open for public use, it shall, at the request of the nominated undertaker, certify to it in writing the date of practical completion of the highway or, as the case may be, the date on which it was first open for public use.</content></subparagraph><subparagraph eId="schedule-3-paragraph-11-4"><num>(4)</num><content>If the highway authority refuses a request to issue a certificate under sub-paragraph (3) above, or if the nominated undertaker disputes the date given in a certificate under that sub-paragraph, the matter shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.</content></subparagraph><subparagraph eId="schedule-3-paragraph-11-5"><num>(5)</num><intro>For the purposes of sub-paragraph (2) above, the date of practical completion of a highway, or the date on which it is first open for public use, shall be taken to be—</intro><level class="para1" eId="schedule-3-paragraph-11-5-a"><num>(a)</num><content>where the date has been determined under sub-paragraph (4) above, the date so determined, and</content></level><level class="para1" eId="schedule-3-paragraph-11-5-b"><num>(b)</num><content>where it has not, the date certified under sub-paragraph (3) above.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-11-6"><num>(6)</num><intro>Sub-paragraph (2) above shall not have effect to impose any obligation in relation to—</intro><level class="para1" eId="schedule-3-paragraph-11-6-a"><num>(a)</num><content>the structure of any bridge carrying a highway over, or</content></level><level class="para1" eId="schedule-3-paragraph-11-6-b"><num>(b)</num><content>the structure of any tunnel carrying a highway under,</content></level><wrapUp>any railway of the nominated undertaker.</wrapUp></subparagraph><subparagraph eId="schedule-3-paragraph-11-7"><num>(7)</num><content>Nothing in this paragraph shall prejudice the operation of section 87 of the New Roads and Street Works Act 1991.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-3-paragraph-12" class="schProv1"><num>12</num><content>Notwithstanding anything in section 46 of the <noteRef href="#c1899336" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Clauses Consolidation Act 1845, as incorporated with this Act, the nominated undertaker shall not be liable to maintain the surface of any highway under or over which the scheduled works shall be constructed, or the immediate approaches to any such highway.</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-3-crossheading-bridges-carrying-highways"><heading> Bridges carrying highways</heading><paragraph eId="schedule-3-paragraph-13" class="schProv1"><num>13</num><content>Each of sections 116 and 117 of the <noteRef href="#c1899338" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Transport Act 1968 (duties as respects bridges carrying highways over railways) shall apply as if the nominated undertaker were one of the boards mentioned in that section.</content></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="schedule-3-crossheading-agreements-with-highway-authorities-etc"><heading> Agreements with highway authorities <abbr title="et cetera" xml:lang="la">etc.</abbr></heading><paragraph eId="schedule-3-paragraph-14" class="schProv1"><num>14</num><subparagraph eId="schedule-3-paragraph-14-1"><num>(1)</num><intro>Where under this Schedule the nominated undertaker is authorised to stop up or interfere with an existing highway or part of an existing highway, it may enter into agreements with the persons having the charge, management or control of the highway concerning the construction (or contribution towards the expense of the construction) of—</intro><level class="para1" eId="schedule-3-paragraph-14-1-a"><num>(a)</num><content>any new highway to be provided in substitution,</content></level><level class="para1" eId="schedule-3-paragraph-14-1-b"><num>(b)</num><content>any alteration of the existing highway, and</content></level><level class="para1" eId="schedule-3-paragraph-14-1-c"><num>(c)</num><content>any other related matters.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-14-2"><num>(2)</num><content>The nominated undertaker may, by agreement with any such persons, delegate to them the power of constructing any such new highway or any such alteration of an existing highway, including any bridge over any railway, and, where the nominated undertaker is responsible for maintaining the new or altered highway (or bridge), the power to maintain it.</content></subparagraph></paragraph></hcontainer>

<part xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:default="http://www.w3.org/1999/xhtml" eId="schedule-4-part-I"><num>Part I</num><heading> Purposes for which Certain Land may be Acquired or Used</heading><content><tblock class="table" ukl:Orientation="portrait"><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th><default:th>(3)</default:th></default:tr><default:tr><default:th>Area</default:th><default:th>Number of land shown on deposited plans</default:th><default:th>Purpose for which land may be acquired or used</default:th></default:tr><default:tr><default:th colspan="3">GREATER LONDON</default:th></default:tr><default:tr><default:td>London Borough of Camden</default:td><default:td>15, 16 and 159</default:td><default:td>The provision of car parking, a working site, and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>1 to 13, 149 to 151 and 153 to 158</default:td><default:td>Road improvement works and alterations to ventilation shafts.</default:td></default:tr><default:tr><default:td/><default:td>37</default:td><default:td>The provision of parking, a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>61</default:td><default:td>The provision of parking and a working site.</default:td></default:tr><default:tr><default:td/><default:td>79</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>63, 64, 74 and 76 to 78</default:td><default:td>The provision of access for protective works.</default:td></default:tr><default:tr><default:td/><default:td>87</default:td><default:td>The provision of access for construction purposes and a working site.</default:td></default:tr><default:tr><default:td/><default:td>182 and 189 to 192</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>194, 196 and 197</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>198 to 200</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>203 and 204</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>227</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>London Borough of Islington</default:td><default:td>1 and 2</default:td><default:td>Road improvement works.</default:td></default:tr><default:tr><default:td/><default:td>331, 333, 334, 336 and 337</default:td><default:td>The construction of a ventilation shaft, provision of permanent access thereto, and a working site.</default:td></default:tr><default:tr><default:td/><default:td>786 and 1048</default:td><default:td>The provision of electricity supply apparatus, access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>782 and 1050</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>787 and 788</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>792 and 794</default:td><default:td>The provision of protective works for public utilities’ apparatus.</default:td></default:tr><default:tr><default:td>London Borough of Hackney</default:td><default:td>184 and 212</default:td><default:td>The construction of a ventilation shaft, provision of permanent access thereto, and a working site.</default:td></default:tr><default:tr><default:td/><default:td>773 to 777</default:td><default:td>The provision of access for construction purposes and river bank strengthening works.</default:td></default:tr><default:tr><default:td/><default:td>778 and 779</default:td><default:td>The provision of barge moorings and barge loading facilities.</default:td></default:tr><default:tr><default:td/><default:td>780</default:td><default:td>The provision of barge loading facilities, spoil handling plant and machinery, a temporary shaft to Work <abbr title="Number">No.</abbr> 6, a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>781 and 782</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>London Borough of Newham</default:td><default:td>1 and 2 (part)</default:td><default:td>The provision of a working site, access for construction purposes and river bank strengthening works.</default:td></default:tr><default:tr><default:td/><default:td>2 (part), 5 (part), 7 (part) and 8 (part)</default:td><default:td>Alteration of overhead electric cables for electricity supply for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>6</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>7 (part)</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td/><default:td>1, 4, 5 (part) and 8 (part)</default:td><default:td>The provision of a working site, drainage works and river bank strengthening works and diversion of a telephone cable.</default:td></default:tr><default:tr><default:td/><default:td>7 (part), 8 (part) and 11 (part)</default:td><default:td>The provision of permanent access for operational purposes and diversion of a telephone cable.</default:td></default:tr><default:tr><default:td/><default:td>8 (part) and 11 (part)</default:td><default:td>The provision of a working site and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>8 (part)</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td/><default:td>8 (part), 12 (part), 14 and 15</default:td><default:td>The provision of a working site, access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>8 (part), 12 (part) and 13</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>519 to 521, 541 and 550</default:td><default:td>The construction of a ventilation shaft, provision of permanent access thereto, and a working site.</default:td></default:tr><default:tr><default:td/><default:td>1237 (part), 1244 and 1245</default:td><default:td>The construction of a ventilation shaft, provision of permanent access thereto, and a working site.</default:td></default:tr><default:tr><default:td/><default:td>1237 (part) and 1239</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td/><default:td>1253 and 1254 (part)</default:td><default:td>The provision of barge moorings and barge loading facilities.</default:td></default:tr><default:tr><default:td/><default:td>1254 (part)</default:td><default:td>The provision of spoil handling plant and machinery, a conveyor, a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>1255 and 1260</default:td><default:td>The provision of spoil handling plant and machinery, a conveyor and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>1261</default:td><default:td>The provision of spoil handling plant and machinery and a conveyor.</default:td></default:tr><default:tr><default:td/><default:td>1262 and 1263 (part)</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>1263 (part) and 1264 (part)</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>1264 (part), 1265 and 1268</default:td><default:td>The provision of a temporary footbridge and raising of the existing footbridge.</default:td></default:tr><default:tr><default:td/><default:td>1269</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>London Borough of Waltham Forest</default:td><default:td>1 and 3</default:td><default:td>The provision of a working site and a temporary tunnel segments manufacturing facility, a maintenance and servicing depot, access and drainage works.</default:td></default:tr><default:tr><default:td/><default:td>5 to 8 (part)</default:td><default:td>The provision of drainage works.</default:td></default:tr><default:tr><default:td/><default:td>8 (part) and 9</default:td><default:td>The provision of access for construction of drainage works.</default:td></default:tr><default:tr><default:td/><default:td>10</default:td><default:td>The provision of access for construction of drainage works.</default:td></default:tr><default:tr><default:td/><default:td>13 and 14</default:td><default:td>The provision of drainage works.</default:td></default:tr><default:tr><default:td>London Borough of Barking and Dagenham</default:td><default:td>161, 166 (part), 167 (part), 168 and 169</default:td><default:td>The provision of underground electric cables for electricity supply apparatus.</default:td></default:tr><default:tr><default:td/><default:td>195 and 199</default:td><default:td>The provision of a turning head.</default:td></default:tr><default:tr><default:td/><default:td>196 (part) and 197 (part)</default:td><default:td>Reinstatement of railway sidings.</default:td></default:tr><default:tr><default:td/><default:td>206 and 209</default:td><default:td>Alterations to a proposed service bridge and the provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>205</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>182</default:td><default:td>Road improvement works.</default:td></default:tr><default:tr><default:td/><default:td>195, 198 (part), 200 (part) to 202</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>198 (part)</default:td><default:td>The provision of a working site and diversion of high pressure gas pipelines and other public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>208 (part)</default:td><default:td>The diversion of high pressure gas pipelines, a water pipe, overhead electric cables and other public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>208 (part) and 210</default:td><default:td>The diversion of high pressure gas pipelines, a water pipe, overhead electric cables and other public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>221 to 226 (part)</default:td><default:td>The diversion of gas pipelines, overhead electric cables and other public utilities’ apparatus and provision of a working site.</default:td></default:tr><default:tr><default:td/><default:td>215 and 226 (part)</default:td><default:td>The provision of accesses for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>217 to 219</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>766 and 768</default:td><default:td>The construction of a ventilation shaft, provision of permanent access thereto and a working site.</default:td></default:tr><default:tr><default:td/><default:td>787, 788 and 790 to 793</default:td><default:td>The provision of protective works for public utilities’ apparatus and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>789 and 795 (part)</default:td><default:td>The provision of a working site, access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>795 (part) and 798</default:td><default:td>The provision of electricity supply apparatus and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>797</default:td><default:td>The provision of electricity supply apparatus and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>800, 801 and 831</default:td><default:td>The provision of a working site, a conveyor, spoil handling plant and machinery, diversion of overhead electric cables and other public utilities’ apparatus and access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>802</default:td><default:td>The diversion of public utilities’ apparatus</default:td></default:tr><default:tr><default:td/><default:td>803, 804, 808 and 809</default:td><default:td>The provision of a working site, a turning head and access for construction purposes, diversion of public utilities’ apparatus and alteration of watercourses.</default:td></default:tr><default:tr><default:td/><default:td>805 to 807</default:td><default:td>The provision of access for construction purposes, diversion of overhead electric cables and other public utilities’ apparatus and alteration of watercourses.</default:td></default:tr><default:tr><default:td/><default:td>814 and 815</default:td><default:td>Provision of a turning head, alteration of watercourses and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>829 and 830</default:td><default:td>The provision of a conveyor, spoil handling plant and machinery, and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>839</default:td><default:td>The use of a jetty and provision of moorings in the River Thames.</default:td></default:tr><default:tr><default:td/><default:td>841</default:td><default:td>The diversion of public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>818, 819, 821, 822, 842 to 845 and 846 (part)</default:td><default:td>The diversion of overhead electric cables and other public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>846 (part) and 847 to 849</default:td><default:td>The diversion of overhead electric cables, high pressure gas pipelines and other public utilities’ apparatus.</default:td></default:tr><default:tr><default:td>London Borough of Havering</default:td><default:td>1 to 4</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>7, 8, 10 (part), 11 and 12</default:td><default:td>The provision of electricity supply apparatus, diversion of gas pipelines, overhead electric cables and other public utilities’ apparatus and provision of a working site.</default:td></default:tr><default:tr><default:td/><default:td>10 (part) and 15, 16, 17 (part) and 18 (part)</default:td><default:td>The diversion of high pressure gas pipelines, overhead electric cables and other public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>10 (part)</default:td><default:td>Connection of diverted high pressure gas pipelines to the existing network.</default:td></default:tr><default:tr><default:td/><default:td>10 (part)</default:td><default:td>The provision of a balancing pond, a working site, diversion of public utilities’ apparatus and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>19 to 22</default:td><default:td>The construction of a turning head and provision of a footbridge.</default:td></default:tr><default:tr><default:td/><default:td>17 (part) and 18 (part)</default:td><default:td>The diversion of public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>18 (part)</default:td><default:td>The provision of permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>25 to 30 and 45</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>18 (part), 50 (part), 51, and 61</default:td><default:td>The provision of flood storage land at Rainham Creek.</default:td></default:tr><default:tr><default:td/><default:td>50 (part) and 59 to 66</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>55 and 56</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>18 (part), 52, 53, 79 (part), 80 (part) and 81 to 83</default:td><default:td>The diversion of high pressure gas pipelines.</default:td></default:tr><default:tr><default:td/><default:td>57, 72 and 73</default:td><default:td>The construction of a turning head and provision of a new footbridge.</default:td></default:tr><default:tr><default:td/><default:td>79 (part) and 80 (part)</default:td><default:td>The provision of a working site, alteration of watercourses and diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>79 (part)</default:td><default:td>The diversion of a high pressure gas pipeline and alteration of watercourses.</default:td></default:tr><default:tr><default:td/><default:td>79 (part), 80 (part) and 84 (part)</default:td><default:td>The diversion of a high pressure gas pipeline and provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>84 (part) and 86 (part)</default:td><default:td>The diversion of a high pressure gas pipeline, diversion of overhead electric cables, alteration of watercourses and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>85</default:td><default:td>The provision of noise barriers.</default:td></default:tr><default:tr><default:td/><default:td>87 (part), and 88</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>87 (part), 89 and 90 (part)</default:td><default:td>The provision of noise barriers and diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>84 (part) and 86 (part)</default:td><default:td>The provision of landscaping, alteration of watercourses and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>86 (part)</default:td><default:td>The alteration of watercourses.</default:td></default:tr><default:tr><default:td/><default:td>90 (part) to 92</default:td><default:td>The alteration of watercourses.</default:td></default:tr><default:tr><default:td/><default:td>93 and 94</default:td><default:td>The diversion of overhead electric cables, high pressure gas pipeines and other public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>95 to 107</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>108</default:td><default:td>The diversion of public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>109</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td>London Borough of Hammersmith and Fulham</default:td><default:td>1, 2 and 8 to 12</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:th colspan="3">COUNTY OF ESSEX</default:th></default:tr><default:tr><default:td>Borough of Thurrock</default:td><default:td>4 (part)</default:td><default:td>The alteration of watercourses.</default:td></default:tr><default:tr><default:td/><default:td>42 and 44</default:td><default:td>The diversion of water and gas pipes.</default:td></default:tr><default:tr><default:td/><default:td>39 and 45</default:td><default:td>The provision of a working site and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>47 and 48 (part)</default:td><default:td>The provision of landscaping.</default:td></default:tr><default:tr><default:td/><default:td>46, 48 (part), 49 and 51</default:td><default:td>The provision of a working site, landscaping and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>48 (part) and 50</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>54 (part) and 55 (part)</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>52, 54 (part) and 55 (part) to 67</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>81, 83, 84, 89, 93, 94, 96 and 98</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>91 and 92</default:td><default:td>The provision of a spoil disposal site.</default:td></default:tr><default:tr><default:td/><default:td>100</default:td><default:td>The construction of a ventilation shaft, provision of permanent access thereto and a working site.</default:td></default:tr><default:tr><default:td/><default:td>101 and 102</default:td><default:td>The provision of permanent access to a ventilation shaft and a working site.</default:td></default:tr><default:tr><default:td/><default:td>104</default:td><default:td>The diversion of overhead electric cables, provision of a working site and diversion of high pressure gas pipelines.</default:td></default:tr><default:tr><default:td/><default:td>107</default:td><default:td>The provision of a working site and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>108 and 155</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>109 to 114</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>120 and 126</default:td><default:td>The provision of landscaping, diversion of overhead electric cables and provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>128 and 129</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>130</default:td><default:td>The provision of landscaping, diversion of overhead electric cables and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>131, 137 and 138</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>141 and 142</default:td><default:td>The provision of access to public utilities’ apparatus.</default:td></default:tr><default:tr><default:th colspan="3">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Dartford, Parish of Swanscombe and Greenhithe</default:td><default:td>1 and 2</default:td><default:td>Use of working jetty and moorings in the River Thames.</default:td></default:tr><default:tr><default:td/><default:td>2 (part) and 3 (part)</default:td><default:td>The provision of working sites, spoil settlement lagoons, and spoil disposal.</default:td></default:tr><default:tr><default:td/><default:td>2 (part)</default:td><default:td>The provision of working sites, access for construction purposes and spoil disposal.</default:td></default:tr><default:tr><default:td/><default:td>2 (part)</default:td><default:td>The provision of a ventilation shaft and permanent access thereto, and a working site.</default:td></default:tr><default:tr><default:td/><default:td>2 (part) and 11 (part)</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>11, 13 and 14</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>15 (part)</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>15 (part), 18, 19, 20, 24 and 25 (part)</default:td><default:td>The provision of landscaping and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>25 (part), 26 to 32 and 33 (part)</default:td><default:td>The provision of an international and domestic passenger station with ancillary development and parking, diversion of overhead electric cables and provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>21, 22, 23 and 25 (part)</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>25 (part)</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>36 and 39</default:td><default:td>The diversion of overhead electric cables and provision of a new access to Northfleet West Grid sub-station.</default:td></default:tr><default:tr><default:td/><default:td>25 (part), 41 and 42</default:td><default:td>The provision of access for construction purposes and diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>33</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td>Borough of Dartford, Parish of Southfleet</default:td><default:td>11</default:td><default:td>Alteration of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>12 and 13</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>16, 19 and 32 (part)</default:td><default:td>The diversion of underground electric cables.</default:td></default:tr><default:tr><default:td/><default:td>26</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>19 (part)</default:td><default:td>The provision of a working site, access for construction purposes and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>19 (part)</default:td><default:td>The provision of a working site, and diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>74</default:td><default:td>The provision of a working site, protective works and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>49 (parts)</default:td><default:td>The provision of working sites.</default:td></default:tr><default:tr><default:td/><default:td>53</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>49 (part) and 54</default:td><default:td>The provision of access for construction purposes and permanent access to electrical apparatus.</default:td></default:tr><default:tr><default:td/><default:td>44</default:td><default:td>The provision of a balancing pond.</default:td></default:tr><default:tr><default:td/><default:td>11, 14 and 31, 32 (part), 33 and 34</default:td><default:td>The provision of a working site, access for construction purposes and diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td>Borough of Dartford, Parish of Longfield and New Barn</default:td><default:td>2, 5 and 6</default:td><default:td>The provision of a balancing pond, landscaping, diversion of a high pressure gas pipeline and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>9 and 12</default:td><default:td>The diversion of a high pressure gas pipeline, provision of balancing ponds and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>10</default:td><default:td>The provision of a working site, protective works and landscaping.</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Town of Gravesend</default:td><default:td>1</default:td><default:td>The provision of spoil settlement lagoons and spoil disposal.</default:td></default:tr><default:tr><default:td/><default:td>2, 3 and 4</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>10</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>12 to 14</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>15, 16 (part) and 17 (part)</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>16 (part) and 17 (part)</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>16 (part), 17 (part), 22 to 30 (part), 31 (part), 32 (part), 33 (part), 34 (part), 45 (part) and 46 (part)</default:td><default:td>The provision of an international and domestic passenger station with ancillary development and parking and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>31 (part), 32 (part), 33 (part), 34 (part), 35 and 36</default:td><default:td>The diversion of overhead electric cables, landscaping and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>16 (part), 45 (part) and 46 (part)</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>30 (part)</default:td><default:td>The provision of protective works for a pumping station and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>44, 47, 48, 62 and 63</default:td><default:td>The provision of a working site, spoil disposal site and use of jetty and rail access.</default:td></default:tr><default:tr><default:td/><default:td>30 (part)</default:td><default:td>The provision of landscaping.</default:td></default:tr><default:tr><default:td/><default:td>42</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>70 (part)</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td/><default:td>68</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>30 (part), 31 (part), 70 (part) and 71 (part)</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>37 and 74 to 79</default:td><default:td>The alteration of overhead electric cables, the provision of access for construction purposes, a working site and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>72</default:td><default:td>The alteration of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>78, 80 and 81</default:td><default:td>The provision of access for work on overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>88, 89 (part) and 90 to 93</default:td><default:td>The provision of a working site, a balancing pond, diversion of overhead electric cables and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>99, 100 (part) and 101 (part)</default:td><default:td>The provision of a working site and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>93, 100 (part), 101 (part) and 102</default:td><default:td>The provision of landscaping.</default:td></default:tr><default:tr><default:td/><default:td>97</default:td><default:td>The diversion of overhead electric cables and provision of landscaping.</default:td></default:tr><default:tr><default:td/><default:td>105, 107 and 108</default:td><default:td>The provision of a spoil disposal site and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>109 to 112</default:td><default:td>The provision of pedestrian access, a footbridge, a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>District of Sevenoaks, Parish of Horton Kirby and South Darenth</default:td><default:td>3, 4 and 5</default:td><default:td>The provision of an electricity supply to an existing railway and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>2</default:td><default:td>The diversion of a high pressure gas pipeline.</default:td></default:tr><default:tr><default:td>District of Sevenoaks, Parish of Swanley</default:td><default:td>1</default:td><default:td>The provision of electricity supply apparatus to existing railway.</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Cobham</default:td><default:td>1 to 6 and 7 (part)</default:td><default:td>The provision of landscaping, a spoil disposal site and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>7 (part)</default:td><default:td>The diversion of a high pressure gas pipeline.</default:td></default:tr><default:tr><default:td/><default:td>9 (part)</default:td><default:td>The provision of a spoil disposal site and diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>9 (part), 10, 11 and 12</default:td><default:td>The provision of a balancing pond, landscaping, diversion of a high pressure gas pipeline, overhead electric cables, a connection to electricity supply apparatus and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>9 (part)</default:td><default:td>The provision of electricity supply apparatus, connection to the electricity supply and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>23, 25, and 26</default:td><default:td>The diversion of a water pipe.</default:td></default:tr><default:tr><default:td/><default:td>28</default:td><default:td>The provision of a working site and temporary road diversion.</default:td></default:tr><default:tr><default:td/><default:td>34 (part)</default:td><default:td>The diversion of a footpath.</default:td></default:tr><default:tr><default:td/><default:td>34 (part) and 40 (part)</default:td><default:td>Restoration of Repton Ponds.</default:td></default:tr><default:tr><default:td/><default:td>40 (part)</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td/><default:td>42 (part)</default:td><default:td>The provision of landscaping, diversion of a high pressure gas pipeline and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>42 (part) and 47</default:td><default:td>The provision of a working site, access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>42 (part)</default:td><default:td>The provision of electricity supply apparatus.</default:td></default:tr><default:tr><default:td/><default:td>48</default:td><default:td>The diversion of pipelines, diversion of a footpath and landscaping.</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Higham</default:td><default:td>9 and 10</default:td><default:td>The provision of access to a railhead to be used for construction purposes.</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Shorne</default:td><default:td>1 and 2</default:td><default:td>Alteration of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>18</default:td><default:td>The provision of access to a railhead to be used for construction purposes.</default:td></default:tr><default:tr><default:td>City of Rochester Upon Medway, Parish of Cuxton</default:td><default:td>4</default:td><default:td>The diversion of pipelines, diversion of a footpath and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>5 and 6</default:td><default:td>The provision of a working site, new woodland planting and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>11 to 18, 21, 22, 27 and 29</default:td><default:td>The provision of a working site, permanent access for operational purposes to Medway Bridge (comprised in Work <abbr title="Number">No.</abbr> 13), access for construction purposes and landscaping.</default:td></default:tr><default:tr><default:td>City of Rochester Upon Medway, Town of Rochester</default:td><default:td>8, 9, 10 and 12</default:td><default:td>The provision of a spoil disposal site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>27 to 30 (part), 33 (part) and 39 (part)</default:td><default:td>The provision of a working site and access to the River Medway for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>18 to 22, 30 (part), 33 (part) and 39 (part)</default:td><default:td>The provision of drainage works.</default:td></default:tr><default:tr><default:td/><default:td>36, 49, 52, 53 and 62</default:td><default:td>Access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>39 (part)</default:td><default:td>The provision of a working site, access for construction purposes and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>40, 45, 46, 48, 51 and 63</default:td><default:td>The provision of a working site, landscaping, and protective works to water mains.</default:td></default:tr><default:tr><default:td/><default:td>64 and 67</default:td><default:td>The provision of landscaping.</default:td></default:tr><default:tr><default:td/><default:td>65, 68, 69 and 71</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>Borough of Tonbridge and Malling, Parish of Wouldham</default:td><default:td>1 and 2</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>11 and 13</default:td><default:td>The provision of new woodland planting.</default:td></default:tr><default:tr><default:td>Borough of Tonbridge and Malling, Parish of Aylesford</default:td><default:td>1, 4, 29 and 41</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>190 (part)</default:td><default:td>The provision of a working site and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>190 (part) and 193 to 195</default:td><default:td>The provision of a working site, access for construction purposes, landscaping, a balancing pond, diversion of overhead electric cables and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>190 (part)</default:td><default:td>The provision of electricity supply apparatus and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Boxley</default:td><default:td>38 (part)</default:td><default:td>The provision of electricity supply apparatus and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>37, 38 (part), 39, 40, 41 and 42 (part)</default:td><default:td>The diversion of overhead electric cables and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>38 (part), 42 (part) and 43</default:td><default:td>The provision of drainage works, landscaping and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>44 (part)</default:td><default:td>The provision of landscaping and diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>44 (part)</default:td><default:td>The provision of a balancing pond and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>44 (part) and 45 to 49</default:td><default:td>The provision of a working site, drainage works and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>52 (part) and 53</default:td><default:td>The provision of landscaping and permanent access to a balancing pond and for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>52 (part) and 54 (part)</default:td><default:td>The provision of landscaping, footpath diversion and diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>54 (part) and 58</default:td><default:td>The provision of drainage works.</default:td></default:tr><default:tr><default:td/><default:td>60</default:td><default:td>The provision of new woodland planting.</default:td></default:tr><default:tr><default:td/><default:td>73, 74, 80, 81, 82, and 86 (part)</default:td><default:td>The provision of a balancing pond, landscaping, diversion of a gas pipeline and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>86 (part)</default:td><default:td>The provision of a working site and a footpath diversion.</default:td></default:tr><default:tr><default:td/><default:td>86 (part), 88 and 89 (part)</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>89 (part) and 90</default:td><default:td>The provision of new woodland planting.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Detling</default:td><default:td>1</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>4 and 7 (part)</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>5, 7 (part) and 8</default:td><default:td>The provision of a balancing pond, landscaping and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>14 and 17</default:td><default:td>The provision of a balancing pond and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Thurnham</default:td><default:td>1 and 3</default:td><default:td>The provision of new woodland planting.</default:td></default:tr><default:tr><default:td/><default:td>5</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>8</default:td><default:td>The provision of a balancing pond, diversion of a footpath, landscaping and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>14</default:td><default:td>The provision of a site for nature conservation.</default:td></default:tr><default:tr><default:td/><default:td>18</default:td><default:td>The provision of a working site, landscaping and access for construction purposes.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Hollingbourne</default:td><default:td>1, 3, 4 (part) and 5</default:td><default:td>The provision of a working site, landscaping and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>4 (part), 6, 9 and 10 (part)</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>7 (part) and 8</default:td><default:td>Alteration of a watercourse, provision of a balancing pond and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>7 (part), 16, 17 and 18</default:td><default:td>The provision of drainage works.</default:td></default:tr><default:tr><default:td/><default:td>10 (part)</default:td><default:td>The provision of drainage works, a balancing pond and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>11, 13 and 14</default:td><default:td>The provision of landscaping.</default:td></default:tr><default:tr><default:td/><default:td>19, 20, 24 and 26</default:td><default:td>The provision of permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>29, 32 and 33</default:td><default:td>The provision of balancing ponds and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Leeds</default:td><default:td>1</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Harrietsham</default:td><default:td>8, 9 and 10</default:td><default:td>The provision of a balancing pond, drainage works and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>13</default:td><default:td>The provision of drainage works, a balancing pond and a working site.</default:td></default:tr><default:tr><default:td/><default:td>2, 20, and 21</default:td><default:td>The diversion of public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>32, 34 and 35 to 38 (part)</default:td><default:td>The provision of balancing ponds, drainage works, a working site, access for construction purposes and footpath diversions, landscaping and permanent accesses for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>38 (part), 41 and 42</default:td><default:td>The provision of landscaping and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>43, 45 and 46</default:td><default:td>The provision of a waste disposal site, borrow pit, protective works, landscaping and access for maintenance and construction purposes.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Ulcombe</default:td><default:td>1</default:td><default:td>The provision of a balancing pond, drainage works and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Lenham</default:td><default:td>6</default:td><default:td>The provision of a waste disposal site, borrow pit, protective works, landscaping and access for maintenance and construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>10 and 11</default:td><default:td>The provision of drainage works and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>20 (part)</default:td><default:td>The provision of a spoil disposal site and a balancing pond.</default:td></default:tr><default:tr><default:td/><default:td>20 (part)</default:td><default:td>The provision of a spoil disposal site.</default:td></default:tr><default:tr><default:td/><default:td>33 and 34</default:td><default:td>The provision of a balancing pond.</default:td></default:tr><default:tr><default:td/><default:td>87 to 89 (part)</default:td><default:td>The provision of permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>89 (part), 90 and 91</default:td><default:td>The provision of permanent access for operational purposes.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Charing</default:td><default:td>21 and 22</default:td><default:td>The provision of landscaping and new woodland planting.</default:td></default:tr><default:tr><default:td/><default:td>38 and 39</default:td><default:td>The provision of landscaping.</default:td></default:tr><default:tr><default:td/><default:td>51</default:td><default:td>The provision of replacement access to premises.</default:td></default:tr><default:tr><default:td/><default:td>66</default:td><default:td>The diversion of public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>76 and 77</default:td><default:td>The provision of an accommodation access.</default:td></default:tr><default:tr><default:td/><default:td>68, 70, 71 and 72</default:td><default:td>The provision of drainage works.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Hothfield</default:td><default:td>1 and 2</default:td><default:td>The provision of drainage works.</default:td></default:tr><default:tr><default:td/><default:td>6</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>7, 8 (part), 10 (part) and 12 (part)</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>8 (part), 10 (part), 11, and 12 (part)</default:td><default:td>The provision of a working site, landscaping and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>12 (part), 14 and 16</default:td><default:td>The provision of a working site, landscaping and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Westwell</default:td><default:td>1, 4, 5, and 20 (part)</default:td><default:td>The provision of a working site, spoil disposal site, landscaping and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>16, 17, 18, 19, 20 (part) and 21 (part)</default:td><default:td>The provision of a working site and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>21 (part), 24, 25, 26, 27, 40, 41 and 42</default:td><default:td>The provision of access for construction purposes, a working site and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>44 and 45</default:td><default:td>The provision of landscaping.</default:td></default:tr><default:tr><default:td/><default:td>47 and 48</default:td><default:td>The provision a spoil disposal site and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>56, 57, 60 (part), 65 and 67</default:td><default:td>The provision of a borrow pit, spoil disposal site, access for construction purposes, an accommodation access and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>49 and 60 (part)</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Town of Ashford</default:td><default:td>8</default:td><default:td>The provision of a working site and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>6, 10, 12 (part) and 13</default:td><default:td>The provision of drainage works and diversion of a gas main.</default:td></default:tr><default:tr><default:td/><default:td>12 (part) and 14 (part)</default:td><default:td>The provision of accommodation access to premises, landscaping and a working site.</default:td></default:tr><default:tr><default:td/><default:td>14 (part) and 16</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td/><default:td>14 (part) and 15</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>34 to 37 and 48</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>59 to 73 and 76</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>78 (part)</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>46, 78 (part), 79 and 80</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>85, 86, 89, 94 and 95</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>84 and 88</default:td><default:td>The provision of access for construction purposes and permanent emergency access to the gas holder station and depot.</default:td></default:tr><default:tr><default:td/><default:td>92, 93, 98 (part), 99 and 100</default:td><default:td>The provision of access for construction purposes and permanent emergency access to the gas holder station and depot.</default:td></default:tr><default:tr><default:td/><default:td>110, 111, 117 and 122</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>125 (part) and 131</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>178, 181, 183, 194 and 195</default:td><default:td>The provision of flood storage lands and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>144, 145, 177, 179, 180, 184, 185 and 186</default:td><default:td>The provision of drainage works and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>238 to 241</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Sevington</default:td><default:td>5</default:td><default:td>The provision of drainage works, a balancing pond and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>7 and 8</default:td><default:td>The provision of a working site, access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>9 and 12 (part)</default:td><default:td>The provision of drainage works, a balancing pond and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>12 (part), 16 and 19</default:td><default:td>The provision of a railhead, a working site, a balancing pond, access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>28</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td/><default:td>34</default:td><default:td>The provision of drainage works and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>33</default:td><default:td>The provision of a spoil disposal site.</default:td></default:tr><default:tr><default:td/><default:td>35</default:td><default:td>The provision of access for construction purposes, permanent access for operational purposes and dedication of road as a public highway connecting to Bad Munstereifel Road.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Mersham</default:td><default:td>1</default:td><default:td>The provision of a spoil disposal site.</default:td></default:tr><default:tr><default:td/><default:td>4</default:td><default:td>The provision of drainage works, noise barriers and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>11, 14, 15, 17, 20 and 27</default:td><default:td>The provision of drainage works, a balancing pond, noise barriers, landscaping, access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>19, 21, 22, 25 and 26</default:td><default:td>The provision of landscaping, access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>37, 41, 42, 45 and 46</default:td><default:td>The provision of a working site, access for construction purposes, diversion of public utilities’ apparatus, a balancing pond and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>43</default:td><default:td>The provision of noise barriers and drainage works and access for construction purposes.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Smeeth</default:td><default:td>6, 8, 13 and 16</default:td><default:td>The provision of drainage works, footpath diversions, landscaping and permanent access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>24, 27</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>9, 10, 11 and 12</default:td><default:td>The provision of drainage works, a balancing pond, landscaping and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>21 and 28</default:td><default:td>The provision of flood storage lands.</default:td></default:tr><default:tr><default:td/><default:td>30 (part) and 31</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>30 (part)</default:td><default:td>The provision of electricity supply apparatus, landscaping and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>32 to 34</default:td><default:td>The provision of access for construction purposes and alteration of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>35</default:td><default:td>The provision of noise barriers and access for construction purposes.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Aldington</default:td><default:td>5 and 7 (part)</default:td><default:td>The provision of electricity supply apparatus, landscaping and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>7 (part), 12, 13 (part) and 14</default:td><default:td>The provision of electricity supply apparatus and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>3, 6 and 10</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>13 (part), 19 and 20</default:td><default:td>The provision of a working site, landscaping and access for construction purposes.</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Sellindge</default:td><default:td>3, 4 and 5</default:td><default:td>The provision of noise barriers and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>1, 2 and 6</default:td><default:td>The provision of a working site, diversion of overhead electric cables and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>8</default:td><default:td>Strengthening of railway embankment and diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>9 and 11</default:td><default:td>The diversion of electric high voltage underground cables.</default:td></default:tr><default:tr><default:td/><default:td>12, 14 and 15</default:td><default:td>The diversion of electric high voltage underground cables and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>16, 26 and 32 (part)</default:td><default:td>The diversion of electric high voltage underground cables, the provision of noise barriers and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>32 (part), 33, 46 and 47</default:td><default:td>The alteration of overhead electric cables, provision of noise barriers and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>30</default:td><default:td>The alteration of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>44, 45 and 60</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Stanford</default:td><default:td>1 (part)</default:td><default:td>The provision of noise barriers and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>1 (part) and 2</default:td><default:td>The provision of landscaping and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>8 and 9 (part)</default:td><default:td>The provision of drainage works, noise barriers, a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>7, 9 (part), 17, 18 and 19</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Saltwood</default:td><default:td>1 and 3</default:td><default:td>The provision of a working site, accommodation works and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>7</default:td><default:td>The provision of a balancing pond and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>13 to 16</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>26</default:td><default:td>The provision of a footpath.</default:td></default:tr><default:tr><default:td/><default:td>30</default:td><default:td>The provision of drainage works.</default:td></default:tr><default:tr><default:td/><default:td>37, 38 and 39</default:td><default:td>The provision of a bridleway diversion, reconstruction of a bridleway bridge, provision of a working site, diversion of public utilities’ apparatus and access for construction purposes.</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Postling</default:td><default:td>6 and 8</default:td><default:td>The provision of permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>11 and 14 to 18</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Newington</default:td><default:td>3 and 4</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>6 and 9</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>17 and 27 (part)</default:td><default:td>The provision of a spoil disposal site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>14, 15, 16, 19, 20, 21, 32 and 37</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>31 and 40</default:td><default:td>The provision of working sites and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>27 (part)</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>13, 25 and 29</default:td><default:td>The provision of access for construction purposes, and permanent access to a balancing pond and for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>60 and 61</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>62</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Hythe</default:td><default:td>1</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>District of Shepway, Town of Folkestone</default:td><default:td>1</default:td><default:td>Alteration of railway track equipment.</default:td></default:tr><default:tr><default:td/><default:td>2 and 3</default:td><default:td>The provision of access for construction purposes, and permanent access to a balancing pond and for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>4 (part)</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>4 (part)</default:td><default:td>The provision of lineside equipment and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>6</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>District of Thanet, Parish of Minster</default:td><default:td>2</default:td><default:td>The provision of access to a railhead to be used for construction purposes.</default:td></default:tr><default:tr><default:td>Borough of Dover, Parish of Sandwich</default:td><default:td>1</default:td><default:td>The provision of access to a railhead to be used for construction purposes.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></part>

<part xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-4-part-II"><num>Part II</num><heading> Application of Legislation Relating to Compulsory Purchase</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-II-crossheading-lands-clauses-consolidation-act-1845"><heading> Lands Clauses Consolidation Act 1845</heading><paragraph eId="schedule-4-paragraph-1" class="schProv1"><num>1</num><content>The <noteRef href="#c1252152" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Lands Clauses Consolidation Act 1845 shall not apply to the acquisition of land under section 4(1) above.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-II-crossheading-compulsory-purchase-act-1965"><heading> Compulsory Purchase Act 1965</heading><paragraph eId="schedule-4-paragraph-2" class="schProv1"><num>2</num><content>Part I of the <noteRef href="#c1252153" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, so far as not inconsistent with this Part of this Act, shall apply to an acquisition of land under section 4(1) above as it applies to a compulsory purchase to which Schedule 1 to the <noteRef href="#c1252154" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981 applies and as if this Act were a compulsory purchase order under that Act.</content></paragraph><paragraph eId="schedule-4-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-4-paragraph-3-1"><num>(1)</num><content>In its application by virtue of paragraph 2 above, the Compulsory Purchase Act 1965 shall have effect with the following modifications.</content></subparagraph><subparagraph eId="schedule-4-paragraph-3-2"><num>(2)</num><content>Section 4 (time limit for exercise of powers of compulsory purchase) shall be omitted.</content></subparagraph><subparagraph eId="schedule-4-paragraph-3-3"><num>(3)</num><intro>Section 11(1) (power to enter on and take possession of land the subject of a notice to treat after giving not less than fourteen days’ notice) shall have effect—</intro><level class="para1" eId="schedule-4-paragraph-3-3-a"><num>(a)</num><content><mod>in a case where the notice to treat relates only to the acquisition of subsoil or under-surface of land or an easement or other right over land, with the substitution for “fourteen days” of <quotedText>“ one month’s ”</quotedText>, and</mod></content></level><level class="para1" eId="schedule-4-paragraph-3-3-b"><num>(b)</num><content><mod>in any other case, with the substitution for “fourteen days” of <quotedText>“ three months ”</quotedText>.</mod></content></level></subparagraph><subparagraph eId="schedule-4-paragraph-3-4"><num>(4)</num><content>In Schedule 3 (alternative procedure for obtaining right of entry) paragraph 3(3) (requirement as to sureties in relation to bond for compensation) shall be omitted.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-II-crossheading-compulsory-purchase-vesting-declarations-act-1981"><heading> Compulsory Purchase (Vesting Declarations) Act 1981</heading><paragraph eId="schedule-4-paragraph-4" class="schProv1"><num>4</num><content>The <noteRef href="#c1252155" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this Act were a compulsory purchase order.</content></paragraph><paragraph eId="schedule-4-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-4-paragraph-5-1"><num>(1)</num><content>In its application by virtue of paragraph 4 above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications.</content></subparagraph><subparagraph eId="schedule-4-paragraph-5-2"><num>(2)</num><content><mod>In section 3 (preliminary notices) for subsection (1) there shall be substituted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><subsection><num>(1)</num><intro>Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is—</intro><level class="para1"><num>(a)</num><content>given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and</content></level><level class="para1"><num>(b)</num><content>published in the London Gazette.</content></level></subsection></quotedStructure></mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-5-3"><num>(3)</num><content><mod>In that section, in subsection (2), for “(1)(b)” there shall be substituted <quotedText>“ (1) ”</quotedText>.</mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-5-4"><num>(4)</num><content><mod>In that section, subsections (5) and (6) shall be omitted and at the end there shall be inserted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><subsection><num>(7)</num><intro>For the purposes of this section, a person has a relevant interest in land if—</intro><level class="para1"><num>(a)</num><content>he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or</content></level><level class="para1"><num>(b)</num><content>he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.</content></level></subsection></quotedStructure></mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-5-5"><num>(5)</num><intro>In section 5 (earliest date for execution of declaration)—</intro><level class="para1" eId="schedule-4-paragraph-5-5-a"><num>(a)</num><content><mod>in subsection (1), after “publication” there shall be inserted <quotedText>“ in the London Gazette ”</quotedText>, and</mod></content></level><level class="para1" eId="schedule-4-paragraph-5-5-b"><num>(b)</num><content>subsection (2) shall be omitted.</content></level></subparagraph><subparagraph eId="schedule-4-paragraph-5-6"><num>(6)</num><content>In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the <noteRef href="#c1252156" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981)” shall be omitted.</content></subparagraph><subparagraph eId="schedule-4-paragraph-5-7"><num>(7)</num><content>References to the <noteRef href="#c1252157" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965 shall be construed as references to that Act as applied to the acquisition of land under section 4(1) above.</content></subparagraph></paragraph></hcontainer></part>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-II-crossheading-lands-clauses-consolidation-act-1845"><heading> Lands Clauses Consolidation Act 1845</heading><paragraph eId="schedule-4-paragraph-1" class="schProv1"><num>1</num><content>The <noteRef href="#c1252152" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Lands Clauses Consolidation Act 1845 shall not apply to the acquisition of land under section 4(1) above.</content></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-II-crossheading-compulsory-purchase-act-1965"><heading> Compulsory Purchase Act 1965</heading><paragraph eId="schedule-4-paragraph-2" class="schProv1"><num>2</num><content>Part I of the <noteRef href="#c1252153" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, so far as not inconsistent with this Part of this Act, shall apply to an acquisition of land under section 4(1) above as it applies to a compulsory purchase to which Schedule 1 to the <noteRef href="#c1252154" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981 applies and as if this Act were a compulsory purchase order under that Act.</content></paragraph><paragraph eId="schedule-4-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-4-paragraph-3-1"><num>(1)</num><content>In its application by virtue of paragraph 2 above, the Compulsory Purchase Act 1965 shall have effect with the following modifications.</content></subparagraph><subparagraph eId="schedule-4-paragraph-3-2"><num>(2)</num><content>Section 4 (time limit for exercise of powers of compulsory purchase) shall be omitted.</content></subparagraph><subparagraph eId="schedule-4-paragraph-3-3"><num>(3)</num><intro>Section 11(1) (power to enter on and take possession of land the subject of a notice to treat after giving not less than fourteen days’ notice) shall have effect—</intro><level class="para1" eId="schedule-4-paragraph-3-3-a"><num>(a)</num><content><mod>in a case where the notice to treat relates only to the acquisition of subsoil or under-surface of land or an easement or other right over land, with the substitution for “fourteen days” of <quotedText>“ one month’s ”</quotedText>, and</mod></content></level><level class="para1" eId="schedule-4-paragraph-3-3-b"><num>(b)</num><content><mod>in any other case, with the substitution for “fourteen days” of <quotedText>“ three months ”</quotedText>.</mod></content></level></subparagraph><subparagraph eId="schedule-4-paragraph-3-4"><num>(4)</num><content>In Schedule 3 (alternative procedure for obtaining right of entry) paragraph 3(3) (requirement as to sureties in relation to bond for compensation) shall be omitted.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-4-paragraph-2" class="schProv1"><num>2</num><content>Part I of the <noteRef href="#c1252153" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, so far as not inconsistent with this Part of this Act, shall apply to an acquisition of land under section 4(1) above as it applies to a compulsory purchase to which Schedule 1 to the <noteRef href="#c1252154" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981 applies and as if this Act were a compulsory purchase order under that Act.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-4-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-4-paragraph-3-1"><num>(1)</num><content>In its application by virtue of paragraph 2 above, the Compulsory Purchase Act 1965 shall have effect with the following modifications.</content></subparagraph><subparagraph eId="schedule-4-paragraph-3-2"><num>(2)</num><content>Section 4 (time limit for exercise of powers of compulsory purchase) shall be omitted.</content></subparagraph><subparagraph eId="schedule-4-paragraph-3-3"><num>(3)</num><intro>Section 11(1) (power to enter on and take possession of land the subject of a notice to treat after giving not less than fourteen days’ notice) shall have effect—</intro><level class="para1" eId="schedule-4-paragraph-3-3-a"><num>(a)</num><content><mod>in a case where the notice to treat relates only to the acquisition of subsoil or under-surface of land or an easement or other right over land, with the substitution for “fourteen days” of <quotedText>“ one month’s ”</quotedText>, and</mod></content></level><level class="para1" eId="schedule-4-paragraph-3-3-b"><num>(b)</num><content><mod>in any other case, with the substitution for “fourteen days” of <quotedText>“ three months ”</quotedText>.</mod></content></level></subparagraph><subparagraph eId="schedule-4-paragraph-3-4"><num>(4)</num><content>In Schedule 3 (alternative procedure for obtaining right of entry) paragraph 3(3) (requirement as to sureties in relation to bond for compensation) shall be omitted.</content></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-II-crossheading-compulsory-purchase-vesting-declarations-act-1981"><heading> Compulsory Purchase (Vesting Declarations) Act 1981</heading><paragraph eId="schedule-4-paragraph-4" class="schProv1"><num>4</num><content>The <noteRef href="#c1252155" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this Act were a compulsory purchase order.</content></paragraph><paragraph eId="schedule-4-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-4-paragraph-5-1"><num>(1)</num><content>In its application by virtue of paragraph 4 above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications.</content></subparagraph><subparagraph eId="schedule-4-paragraph-5-2"><num>(2)</num><content><mod>In section 3 (preliminary notices) for subsection (1) there shall be substituted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><subsection><num>(1)</num><intro>Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is—</intro><level class="para1"><num>(a)</num><content>given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and</content></level><level class="para1"><num>(b)</num><content>published in the London Gazette.</content></level></subsection></quotedStructure></mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-5-3"><num>(3)</num><content><mod>In that section, in subsection (2), for “(1)(b)” there shall be substituted <quotedText>“ (1) ”</quotedText>.</mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-5-4"><num>(4)</num><content><mod>In that section, subsections (5) and (6) shall be omitted and at the end there shall be inserted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><subsection><num>(7)</num><intro>For the purposes of this section, a person has a relevant interest in land if—</intro><level class="para1"><num>(a)</num><content>he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or</content></level><level class="para1"><num>(b)</num><content>he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.</content></level></subsection></quotedStructure></mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-5-5"><num>(5)</num><intro>In section 5 (earliest date for execution of declaration)—</intro><level class="para1" eId="schedule-4-paragraph-5-5-a"><num>(a)</num><content><mod>in subsection (1), after “publication” there shall be inserted <quotedText>“ in the London Gazette ”</quotedText>, and</mod></content></level><level class="para1" eId="schedule-4-paragraph-5-5-b"><num>(b)</num><content>subsection (2) shall be omitted.</content></level></subparagraph><subparagraph eId="schedule-4-paragraph-5-6"><num>(6)</num><content>In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the <noteRef href="#c1252156" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981)” shall be omitted.</content></subparagraph><subparagraph eId="schedule-4-paragraph-5-7"><num>(7)</num><content>References to the <noteRef href="#c1252157" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965 shall be construed as references to that Act as applied to the acquisition of land under section 4(1) above.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-4-paragraph-4" class="schProv1"><num>4</num><content>The <noteRef href="#c1252155" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this Act were a compulsory purchase order.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-4-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-4-paragraph-5-1"><num>(1)</num><content>In its application by virtue of paragraph 4 above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications.</content></subparagraph><subparagraph eId="schedule-4-paragraph-5-2"><num>(2)</num><content><mod>In section 3 (preliminary notices) for subsection (1) there shall be substituted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><subsection><num>(1)</num><intro>Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is—</intro><level class="para1"><num>(a)</num><content>given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and</content></level><level class="para1"><num>(b)</num><content>published in the London Gazette.</content></level></subsection></quotedStructure></mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-5-3"><num>(3)</num><content><mod>In that section, in subsection (2), for “(1)(b)” there shall be substituted <quotedText>“ (1) ”</quotedText>.</mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-5-4"><num>(4)</num><content><mod>In that section, subsections (5) and (6) shall be omitted and at the end there shall be inserted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><subsection><num>(7)</num><intro>For the purposes of this section, a person has a relevant interest in land if—</intro><level class="para1"><num>(a)</num><content>he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or</content></level><level class="para1"><num>(b)</num><content>he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.</content></level></subsection></quotedStructure></mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-5-5"><num>(5)</num><intro>In section 5 (earliest date for execution of declaration)—</intro><level class="para1" eId="schedule-4-paragraph-5-5-a"><num>(a)</num><content><mod>in subsection (1), after “publication” there shall be inserted <quotedText>“ in the London Gazette ”</quotedText>, and</mod></content></level><level class="para1" eId="schedule-4-paragraph-5-5-b"><num>(b)</num><content>subsection (2) shall be omitted.</content></level></subparagraph><subparagraph eId="schedule-4-paragraph-5-6"><num>(6)</num><content>In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the <noteRef href="#c1252156" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981)” shall be omitted.</content></subparagraph><subparagraph eId="schedule-4-paragraph-5-7"><num>(7)</num><content>References to the <noteRef href="#c1252157" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965 shall be construed as references to that Act as applied to the acquisition of land under section 4(1) above.</content></subparagraph></paragraph>

<part xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:default="http://www.w3.org/1999/xhtml" eId="schedule-4-part-III"><num>Part III</num><heading> Supplementary Provisions</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-III-crossheading-acquisition-of-subsoil"><heading> Acquisition of subsoil</heading><paragraph eId="schedule-4-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-4-paragraph-6-1"><num>(1)</num><content>In the case of land specified in the following table (non-pedestrian tunnels), the power conferred by section 4(1) above shall only be exercisable in relation to so much of the subsoil or under-surface of the land as lies more than 9 metres beneath the level of the surface of the land.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Area</default:th><default:th><abbr title="Number">No.</abbr> on deposited plans</default:th></default:tr><default:tr><default:th colspan="2">GREATER LONDON</default:th></default:tr><default:tr><default:td>London Borough of Islington</default:td><default:td>307 to 318, 320 to 330, 332, 335, 338 to 739, 798, 799 and 803 to 1042</default:td></default:tr><default:tr><default:td>London Borough of Hackney</default:td><default:td>1 to 183, 185 to 211 and 213 to 772</default:td></default:tr><default:tr><default:td>London Borough of Newham</default:td><default:td>16 to 518, 522 to 540, 542 to 549, 551 to 1207, 1209 to 1223, 1235, 1236, 1238, 1240 to 1243 and 1246 to 1252</default:td></default:tr><default:tr><default:td>London Borough of Redbridge</default:td><default:td>8 to 14</default:td></default:tr><default:tr><default:td>London Borough of Barking and Dagenham</default:td><default:td>227 to 765, 767, 769 to 786, 794 and 796</default:td></default:tr><default:tr><default:th colspan="2">COUNTY OF ESSEX</default:th></default:tr><default:tr><default:td>Borough of Thurrock</default:td><default:td>99 and 103</default:td></default:tr><default:tr><default:th colspan="2">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Tonbridge and Malling, Parish of Aylesford</default:td><default:td>51 to 140 and 144 to 183</default:td></default:tr><default:tr><default:td>Borough of Tonbridge and Malling, Parish of Burham</default:td><default:td>1 to 9</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></subparagraph><subparagraph eId="schedule-4-paragraph-6-2"><num>(2)</num><content>In the case of land specified in the following table (pedestrian tunnels and ground anchors), the power conferred by section 4(1) above shall only be exercisable in relation to so much of the subsoil or under-surface of the land as lies more than 2 metres beneath the level of the surface of the land.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Area</default:th><default:th><abbr title="Number">No.</abbr> on deposited plans</default:th></default:tr><default:tr><default:th colspan="2">GREATER LONDON</default:th></default:tr><default:tr><default:td>London Borough of Camden</default:td><default:td>178</default:td></default:tr><default:tr><default:td>London Borough of Islington</default:td><default:td>740 to 771</default:td></default:tr><default:tr><default:th colspan="2">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Ashford, Parish of Mersham</default:td><default:td>39</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></subparagraph><subparagraph eId="schedule-4-paragraph-6-3"><num>(3)</num><content>In the case of any other land, the power conferred by section 4(1) above shall be exercisable as well in relation to the subsoil or under-surface only as in relation to the land as a whole.</content></subparagraph><subparagraph eId="schedule-4-paragraph-6-4"><num>(4)</num><content>Section 8(1) of the <noteRef href="#c1252158" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965 (limitation on right to require a person to sell part only of any house, building, manufactory or park or garden belonging to a house) shall not apply where the power conferred by section 4(1) above is exercised in relation to the subsoil or under-surface of land only.</content></subparagraph><subparagraph eId="schedule-4-paragraph-6-5"><num>(5)</num><intro>For the purposes of sub-paragraphs (1) and (2) above, the level of the surface of the land shall be taken—</intro><level class="para1" eId="schedule-4-paragraph-6-5-a"><num>(a)</num><content>in the case of any land on which a building is erected, to be the level of the surface of the ground adjoining the building, and</content></level><level class="para1" eId="schedule-4-paragraph-6-5-b"><num>(b)</num><content>in the case of a watercourse or other area of water, to be the level of the surface of the adjoining ground which is at all times above water level.</content></level></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-III-crossheading-acquisition-of-existing-tunnels"><heading> Acquisition of existing tunnels</heading><paragraph eId="schedule-4-paragraph-7" class="schProv1"><num>7</num><content>In the case of land specified in the following table (existing railway tunnels), the power conferred by section 4(1) above shall only be exercisable in relation to so much of the land as is comprised in an existing railway tunnel.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Area</default:th><default:th><abbr title="Number">No.</abbr> on deposited plans</default:th></default:tr><default:tr><default:th colspan="2">GREATER LONDON</default:th></default:tr><default:tr><default:td>London Borough of Camden</default:td><default:td>117 to 120, 122 to 140 and 228 to 231</default:td></default:tr><default:tr><default:td>London Borough of Islington</default:td><default:td>20, 21 and 775 to 778</default:td></default:tr><default:tr><default:th colspan="2">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Gravesham, Town of Gravesend</default:td><default:td>49 to 61</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-III-crossheading-acquisition-of-new-rights"><heading> Acquisition of new rights</heading><paragraph eId="schedule-4-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-4-paragraph-8-1"><num>(1)</num><content>The power conferred by section 4(1)(a) or (b) above shall include, in relation to any land to which the power relates, power to create and acquire such easements or other rights over land as may be required as mentioned in that provision instead of acquiring the land itself.</content></subparagraph><subparagraph eId="schedule-4-paragraph-8-2"><num>(2)</num><intro>Part I of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, and the enactments relating to compensation for the compulsory purchase of land, shall apply to a compulsory acquisition by virtue of sub-paragraph (1) above—</intro><level class="para1" eId="schedule-4-paragraph-8-2-a"><num>(a)</num><content>with the modifications specified in paragraph 9 below, and</content></level><level class="para1" eId="schedule-4-paragraph-8-2-b"><num>(b)</num><content>with such other modifications as may be necessary.</content></level></subparagraph></paragraph><paragraph eId="schedule-4-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-4-paragraph-9-1"><num>(1)</num><content>The modifications referred to in paragraph 8(2)(a) above are as follows.</content></subparagraph><subparagraph eId="schedule-4-paragraph-9-2"><num>(2)</num><content><mod>For section 7 of the <noteRef href="#c1252159" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965 there shall be substituted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><section><num>7</num><heading> Measure of compensation in case of purchase of new right.</heading><content>In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is purchased is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.</content></section></quotedStructure></mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-9-3"><num>(3)</num><content><mod>In section 8 of that Act (provisions as to divided land) for subsection (1) there shall be substituted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><subsection><num>(1)</num><intro>This subsection applies where—</intro><level class="para1"><num>(a)</num><content>a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“<term refersTo="#term-the-relevant-land">the relevant land</term>”) has been served on a person under section 5 of this Act,</content></level><level class="para1"><num>(b)</num><content>in consequence of the service of the notice, a question of disputed compensation in respect of the purchase of the right would, apart from this section, fall to be determined by the <ins class="substitution first last" ukl:ChangeId="key-c18f02cc92346718bb6e5448e5b74769-1479153877096" ukl:CommentaryRef="key-c18f02cc92346718bb6e5448e5b74769"><noteRef uk:name="commentary" href="#key-c18f02cc92346718bb6e5448e5b74769" class="commentary"/>Upper Tribunal</ins>, and</content></level><level class="para1"><num>(c)</num><content>before the <ins class="substitution first last" ukl:ChangeId="key-942f84043f7472209a2abbb91baab47f-1479153969026" ukl:CommentaryRef="key-942f84043f7472209a2abbb91baab47f"><noteRef uk:name="commentary" href="#key-942f84043f7472209a2abbb91baab47f" class="commentary"/>Upper Tribunal has</ins> determined that question, the person on whom the notice has been served satisfies <ins class="substitution first last" ukl:ChangeId="key-c530bb1549ad14a8920bdac3581003dd-1479154027686" ukl:CommentaryRef="key-c530bb1549ad14a8920bdac3581003dd"><noteRef uk:name="commentary" href="#key-c530bb1549ad14a8920bdac3581003dd" class="commentary"/>the Upper Tribunal</ins> that the relevant conditions are met.</content></level></subsection><subsection><num>(1A)</num><intro>The relevant conditions are—</intro><level class="para1"><num>(a)</num><content>that he has an interest which he is able and willing to sell in the whole of the relevant land;</content></level><level class="para1"><num>(b)</num><content>where the relevant land consists of a house, building or manufactory, that it cannot be made subject to the right without material detriment to it; and</content></level><level class="para1"><num>(c)</num><content>where the relevant land consists of a park or garden belonging to a house, that it cannot be made subject to the right without seriously affecting the amenity or convenience of the house.</content></level></subsection><subsection><num>(1B)</num><intro>Where subsection (1) above applies—</intro><level class="para1"><num>(a)</num><intro>the compulsory purchase order shall, in relation to the person on whom the notice to treat has been served—</intro><level class="para2"><num>(i)</num><content>cease to authorise the purchase of the right to which the notice relates, and</content></level><level class="para2"><num>(ii)</num><content>be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of a park or garden belonging to a house, the house,</content></level><wrapUp>and</wrapUp></level><level class="para1"><num>(b)</num><content>the notice to treat shall be deemed to have been served in respect of that interest on such date as the <ins class="substitution first last" ukl:ChangeId="key-2f3ee6ac43635fee83f037c105fc4d06-1479154143256" ukl:CommentaryRef="key-2f3ee6ac43635fee83f037c105fc4d06"><noteRef uk:name="commentary" href="#key-2f3ee6ac43635fee83f037c105fc4d06" class="commentary"/>Upper Tribunal directs</ins>.</content></level></subsection><subsection><num>(1C)</num><content>Any question as to the extent of the land in which the compulsory purchase order is deemed to authorise the purchase of an interest by virtue of subsection (1B)(a)(ii) of this section shall be determined by the <ins class="substitution first last" ukl:ChangeId="key-d3236a2cc6ca3d413076a4942fc789a5-1479154184256" ukl:CommentaryRef="key-d3236a2cc6ca3d413076a4942fc789a5"><noteRef uk:name="commentary" href="#key-d3236a2cc6ca3d413076a4942fc789a5" class="commentary"/>Upper Tribunal</ins>.</content></subsection><subsection><num>(1D)</num><content>Where the <ins class="substitution first last" ukl:ChangeId="key-7ebdd686d8f79886a7f09761cb731c9e-1479154224816" ukl:CommentaryRef="key-7ebdd686d8f79886a7f09761cb731c9e"><noteRef uk:name="commentary" href="#key-7ebdd686d8f79886a7f09761cb731c9e" class="commentary"/>Upper Tribunal determines</ins> that the person on whom a notice to treat has been served has satisfied <ins class="substitution first last" ukl:ChangeId="key-c3e3ac9961258228c33dee3488c1066f-1479154281207" ukl:CommentaryRef="key-c3e3ac9961258228c33dee3488c1066f"><noteRef uk:name="commentary" href="#key-c3e3ac9961258228c33dee3488c1066f" class="commentary"/>the Upper Tribunal</ins> as mentioned in subsection (1)(c) of this section, the acquiring authority may withdraw the notice at any time within the period of six weeks beginning with the date of the determination.</content></subsection><subsection><num>(1E)</num><content>Subsection (1D) of this section is without prejudice to any other power of the acquiring authority to withdraw the notice to treat.</content></subsection></quotedStructure></mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-9-4"><num>(4)</num><content>The following provisions of that Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land) namely—<blockList class="unordered none" ukl:Name="UnorderedList" ukl:Decoration="none"><item>section 9(4) (failure of owners to convey),</item><item>paragraph 10(3) of Schedule 1 (owners under incapacity),</item><item>paragraph 2(3) of Schedule 2 (absent and untraced owners), and</item><item>paragraphs 2(3) and 7(2) of Schedule 4 (common land),</item></blockList> shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority.</content></subparagraph><subparagraph eId="schedule-4-paragraph-9-5"><num>(5)</num><content>Section 11 of that Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on <ins class="substitution first last" ukl:ChangeId="key-fa8ed313afc2c6cc77cb54f6d9547fe1-1479069009490" ukl:CommentaryRef="key-fa8ed313afc2c6cc77cb54f6d9547fe1"><noteRef uk:name="commentary" href="#key-fa8ed313afc2c6cc77cb54f6d9547fe1" class="commentary"/>enforcement officer's or sheriff's warrant</ins> in the event of obstruction) of that Act shall be modified correspondingly.</content></subparagraph><subparagraph eId="schedule-4-paragraph-9-6"><num>(6)</num><content>Section 20 of that Act (compensation for short term tenants) shall apply with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the land but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question.</content></subparagraph><subparagraph eId="schedule-4-paragraph-9-7"><num>(7)</num><content>Section 22 of that Act (protection of acquiring authority’s possession of land where interest accidentally omitted from purchase) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.</content></subparagraph><subparagraph eId="schedule-4-paragraph-9-8"><num>(8)</num><intro>References in that Act to land are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—</intro><level class="para1" eId="schedule-4-paragraph-9-8-a"><num>(a)</num><content>the right acquired or to be acquired, or</content></level><level class="para1" eId="schedule-4-paragraph-9-8-b"><num>(b)</num><content>the land over which the right is, or is to be, exercisable.</content></level></subparagraph><subparagraph eId="schedule-4-paragraph-9-9"><num>(9)</num><content><mod>In the <noteRef href="#c1252160" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1973, for section 44 there shall be substituted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><section><num>44</num><heading> Compensation for injurious affection.</heading><subsection><num>(1)</num><content>Where a right over land is purchased from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, compensation for injurious affection of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land over which the right is exercisable.</content></subsection><subsection><num>(2)</num><content>In this section “<term refersTo="#term-compensation-for-injurious-affection">compensation for injurious affection</term>” means compensation for injurious affection under section 7 or 20 of the <noteRef href="#c1252161" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965 as applied by paragraph 8(2) of Schedule 4 to the Channel Tunnel Rail Link Act 1996.</content></subsection></section></quotedStructure></mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-9-10"><num>(10)</num><content><mod>For section 58 of that Act there shall be substituted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><section><num>58</num><heading> Determination of material detriment where right over part of house <abbr title="et cetera" xml:lang="la">etc.</abbr> proposed for compulsory acquisition.</heading><intro>In determining under section 8(1)(c) of the Compulsory Purchase Act 1965 as applied by paragraph 8(2) of Schedule 4 to the Channel Tunnel Rail Link Act 1996 whether—</intro><level class="para1"><num>(a)</num><content>a right over part of a house, building or manufactory can be taken without material detriment to the house, building or manufactory, or</content></level><level class="para1"><num>(b)</num><content>a right over part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house,</content></level><wrapUp>the <ins class="substitution first last" ukl:ChangeId="key-847637120a507620332e101e340ded1e-1479154362197" ukl:CommentaryRef="key-847637120a507620332e101e340ded1e"><noteRef uk:name="commentary" href="#key-847637120a507620332e101e340ded1e" class="commentary"/>Upper Tribunal</ins> shall take into account not only the effect of the right on the whole of the house, building or manufactory or of the house and the park or garden but also the use to be made of the rights proposed to be acquired and, in a case where the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.</wrapUp></section></quotedStructure></mod></content></subparagraph></paragraph><paragraph eId="schedule-4-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-4-paragraph-10-1"><num>(1)</num><content>The Secretary of State may by order provide, in relation to land to which this paragraph applies, that section 4(1) above, so far as relating to acquisition by virtue of paragraph 8(1) above, shall be treated as also authorising acquisition by such person as may be specified in the order.</content></subparagraph><subparagraph eId="schedule-4-paragraph-10-2"><num>(2)</num><content>This paragraph applies to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used which is or will be required for use in relocating any apparatus which it is expedient to divert or replace in consequence of the carrying out of any of the works authorised by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-4-paragraph-10-3"><num>(3)</num><content>The power to make an order under sub-paragraph (1) above includes power to make an order varying or revoking any order previously made under that provision.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-III-crossheading-acquisition-of-part-only-of-certain-properties"><heading> Acquisition of part only of certain properties</heading><paragraph eId="schedule-4-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-4-paragraph-11-1"><num>(1)</num><intro>Where—</intro><level class="para1" eId="schedule-4-paragraph-11-1-a"><num>(a)</num><content>a notice to treat under Part I of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, is served in respect of land forming part only of a house, building or factory or part only of land consisting of a house with a park or garden, and</content></level><level class="para1" eId="schedule-4-paragraph-11-1-b"><num>(b)</num><content>a copy of this paragraph is served with the notice to treat,</content></level><wrapUp>the following provisions of this paragraph, with paragraph 12 below, shall apply instead of section 8(1) of the Compulsory Purchase Act 1965.</wrapUp></subparagraph><subparagraph eId="schedule-4-paragraph-11-2"><num>(2)</num><content>The person on whom the notice to treat is served (“<term refersTo="#term-the-owner" eId="term-the-owner">the owner</term>”) may within the period of 21 days beginning with the day on which the notice to treat is served on him, serve on the Secretary of State a counter-notice objecting to the sale of the part (“<term refersTo="#term-the-land-subject-to-the-notice-to-treat" eId="term-the-land-subject-to-the-notice-to-treat">the land subject to the notice to treat</term>”) and stating that he is willing and able to sell the whole (“<term refersTo="#term-the-land-subject-to-the-counter-notice" eId="term-the-land-subject-to-the-counter-notice">the land subject to the counter-notice</term>”).</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-3"><num>(3)</num><content>If no counter-notice is served under sub-paragraph (2) above, the owner shall be required to sell the land subject to the notice to treat.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-4"><num>(4)</num><content>If a counter-notice is served under sub-paragraph (2) above and the Secretary of State agrees to take the land subject to the counter-notice, the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-5"><num>(5)</num><content>If a counter-notice is served under sub-paragraph (2) above and the Secretary of State does not agree to take the land subject to the counter-notice, the question as to what land the owner is to be required to sell shall be referred to the <ins class="substitution first last" ukl:ChangeId="key-86ed047bbd6b3c62e542b276161277f7-1479153531064" ukl:CommentaryRef="key-86ed047bbd6b3c62e542b276161277f7"><noteRef uk:name="commentary" href="#key-86ed047bbd6b3c62e542b276161277f7" class="commentary"/>Upper Tribunal</ins>.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-6"><num>(6)</num><intro>If, on a reference under sub-paragraph (5) above, the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153576264" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins> that the land subject to the notice to treat can be taken—</intro><level class="para1" eId="schedule-4-paragraph-11-6-a"><num>(a)</num><content>without material detriment to the remainder of the land subject to the counter-notice, and</content></level><level class="para1" eId="schedule-4-paragraph-11-6-b"><num>(b)</num><content>where the land subject to the notice to treat consists of or includes garden only land, without seriously affecting the amenity and convenience of the relevant house,</content></level><wrapUp>the owner shall be required to sell the land subject to the notice to treat.</wrapUp></subparagraph><subparagraph eId="schedule-4-paragraph-11-7"><num>(7)</num><content>If, on such a reference, the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153595714" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins> that only part of the land subject to the notice to treat can be taken as mentioned in sub-paragraph (6) above, the notice to treat shall, subject to sub-paragraph (8) below, be deemed to be a notice to treat for that part.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-8"><num>(8)</num><content>Where the land subject to the notice to treat is not land which consists of or includes garden only land, sub-paragraph (7) above shall only have effect to deem the notice to treat to be a notice to treat for land which does consist of or include garden only land if the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153612594" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins> that that land can be taken without seriously affecting the amenity and convenience of the relevant house.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-9"><num>(9)</num><intro>If, on such a reference, the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153636114" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins>—</intro><level class="para1" eId="schedule-4-paragraph-11-9-a"><num>(a)</num><content>that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, but</content></level><level class="para1" eId="schedule-4-paragraph-11-9-b"><num>(b)</num><content>that the material detriment is confined to part of the remainder of that land,</content></level><wrapUp>then, except where sub-paragraph (10) below applies, the notice to treat shall be deemed to be a notice to treat in addition for the land to which the material detriment is confined.</wrapUp></subparagraph><subparagraph eId="schedule-4-paragraph-11-10"><num>(10)</num><content>If, in a case where the land subject to the notice to treat consists of or includes garden only land, the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153655344" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins> on such a reference that none of the land subject to the notice to treat can be taken without seriously affecting the amenity or convenience of the relevant house, the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-11"><num>(11)</num><intro>If, on such a reference, the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153674464" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins>—</intro><level class="para1" eId="schedule-4-paragraph-11-11-a"><num>(a)</num><content>that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, and</content></level><level class="para1" eId="schedule-4-paragraph-11-11-b"><num>(b)</num><content>that the material detriment is not confined to part of the remainder of that land,</content></level><wrapUp>the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.</wrapUp></subparagraph><subparagraph eId="schedule-4-paragraph-11-12"><num>(12)</num><content>For the purposes of this paragraph, the land subject to the notice to treat consists of or includes garden only land if it consists of the whole or part of a park or garden belonging to a house or if it includes the whole or part of such a park or garden but does not include the house (“<term refersTo="#term-the-relevant-house" eId="term-the-relevant-house">the relevant house</term>”) or any part of it.</content></subparagraph></paragraph><paragraph eId="schedule-4-paragraph-12" class="schProv1"><num>12</num><subparagraph eId="schedule-4-paragraph-12-1"><num>(1)</num><content>Where under paragraph 11 above a notice to treat is deemed by virtue of a determination of the<ins class="substitution first last" ukl:ChangeId="M_F_28b0cd1e-998c-44e7-d688-566e0d680523-1502888172031" ukl:CommentaryRef="M_F_28b0cd1e-998c-44e7-d688-566e0d680523"><noteRef uk:name="commentary" href="#M_F_28b0cd1e-998c-44e7-d688-566e0d680523" class="commentary"/>Upper Tribunal</ins> to be a notice to treat for less land or more land than that specified in the notice, the Secretary of State may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice.</content></subparagraph><subparagraph eId="schedule-4-paragraph-12-2"><num>(2)</num><content>If the Secretary of State withdraws a notice to treat under sub-paragraph (1) above, he shall pay the person on whom the notice was served compensation for any loss or expense occasioned to that person by the giving and withdrawal of the notice, such compensation to be determined in case of dispute by the <ins class="substitution first last" ukl:ChangeId="M_F_7fbd8e0e-4574-46a2-abef-08d038dedf4b-1502888328979" ukl:CommentaryRef="M_F_7fbd8e0e-4574-46a2-abef-08d038dedf4b"><noteRef uk:name="commentary" href="#M_F_7fbd8e0e-4574-46a2-abef-08d038dedf4b" class="commentary"/>Upper Tribunal</ins>.</content></subparagraph><subparagraph eId="schedule-4-paragraph-12-3"><num>(3)</num><content>Where under paragraph 11 above a person is required to sell part only of a house, building or factory or of land consisting of a house with a park or garden, the Secretary of State shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.</content></subparagraph><subparagraph eId="schedule-4-paragraph-12-4"><num>(4)</num><content>A notice to treat shall have the effect which it is deemed to have under paragraph 11(4), (9), (10) or (11) above whether or not the additional land is, apart from that provision, land which the Secretary of State is authorised to acquire compulsorily under this Part of this Act.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-III-crossheading-minerals"><heading> Minerals</heading><paragraph eId="schedule-4-paragraph-13" class="schProv1"><num>13</num><subparagraph eId="schedule-4-paragraph-13-1"><num>(1)</num><content>Parts II and <abbr class="acronym" title="3">III</abbr> of Schedule 2 to the <noteRef href="#c1252165" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981 (exception of minerals from compulsory purchase and regulation of the working of mines or minerals underlying an authorised undertaking) shall have effect in relation to land to which section 4(1) above applies as if it were comprised in a compulsory purchase order providing for the incorporation with that order of those Parts of that Schedule.</content></subparagraph><subparagraph eId="schedule-4-paragraph-13-2"><num>(2)</num><intro>In their application by virtue of sub-paragraph (1) above, Parts II and <abbr class="acronym" title="3">III</abbr> of Schedule 2 to the Acquisition of Land Act 1981 shall have effect with the following modifications—</intro><level class="para1" eId="schedule-4-paragraph-13-2-a"><num>(a)</num><content>references to the acquiring authority, except the second reference in paragraph 6, shall be construed as references to the nominated undertaker, and</content></level><level class="para1" eId="schedule-4-paragraph-13-2-b"><num>(b)</num><content>references to the undertaking shall be construed as references to the undertaking which the nominated undertaker is authorised by this Part of this Act to carry on.</content></level></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-III-crossheading-power-to-require-acquisition-where-time-limit-extended"><heading> Power to require acquisition where time limit extended</heading><paragraph eId="schedule-4-paragraph-14" class="schProv1"><num>14</num><subparagraph eId="schedule-4-paragraph-14-1"><num>(1)</num><content>If the Secretary of State makes an order under section 47(2) above, the following provisions shall have effect as from the coming into operation of that order.</content></subparagraph><subparagraph eId="schedule-4-paragraph-14-2"><num>(2)</num><intro>If an owner or lessee of any of the land in relation to which the order is made gives notice in writing to the Secretary of State that he desires his interest in such of that land as is specified in the notice to be acquired by the Secretary of State, the Secretary of State shall, within the period of 3 months immediately following receipt of the notice—</intro><level class="para1" eId="schedule-4-paragraph-14-2-a"><num>(a)</num><content>enter into an agreement with him for the acquisition of his interest in the whole or part of the land specified in the notice,</content></level><level class="para1" eId="schedule-4-paragraph-14-2-b"><num>(b)</num><content>exercise the relevant powers of compulsory acquisition in respect of his interest in the whole or part of the land specified in the notice, or</content></level><level class="para1" eId="schedule-4-paragraph-14-2-c"><num>(c)</num><content>serve on him notice in writing of the Secretary of State’s intention not to proceed with the purchase of his interest in any of the land specified in the notice.</content></level></subparagraph><subparagraph eId="schedule-4-paragraph-14-3"><num>(3)</num><intro>Where—</intro><level class="para1" eId="schedule-4-paragraph-14-3-a"><num>(a)</num><content>a person gives the Secretary of State notice under sub-paragraph (2) above, and</content></level><level class="para1" eId="schedule-4-paragraph-14-3-b"><num>(b)</num><intro>the Secretary of State—</intro><level class="para2" eId="schedule-4-paragraph-14-3-b-i"><num>(i)</num><content>fails to comply with the requirements of that sub-paragraph,</content></level><level class="para2" eId="schedule-4-paragraph-14-3-b-ii"><num>(ii)</num><content>withdraws a notice to treat served in compliance with paragraph (b) of that sub-paragraph, or</content></level><level class="para2" eId="schedule-4-paragraph-14-3-b-iii"><num>(iii)</num><content>serves on the owner notice in compliance with paragraph (c) of that sub-paragraph,</content></level><wrapUp>the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person’s interest in any of the land specified in the notice under sub-paragraph (2) above.</wrapUp></level></subparagraph><subparagraph eId="schedule-4-paragraph-14-4"><num>(4)</num><intro>Where—</intro><level class="para1" eId="schedule-4-paragraph-14-4-a"><num>(a)</num><content>a person gives the Secretary of State notice under sub-paragraph (2) above, and</content></level><level class="para1" eId="schedule-4-paragraph-14-4-b"><num>(b)</num><content>the Secretary of State acquires in pursuance of paragraph (a) or (b) of that sub-paragraph that person’s interest in some, but not all, of the land specified in the notice,</content></level><wrapUp>the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person’s interest in the remainder of that land.</wrapUp></subparagraph><subparagraph eId="schedule-4-paragraph-14-5"><num>(5)</num><hcontainer name="wrapper2"><intro>In this paragraph—</intro><hcontainer name="definition"><content>“<term refersTo="#term-lessee" eId="term-lessee">lessee</term>” means a person who holds an interest under a lease for a period of which not less than 21 years is unexpired at the date of the giving of any notice by that person under sub-paragraph (2) above,</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-owner" eId="term-owner">owner</term>”, in relation to any land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and</content></hcontainer></hcontainer><hcontainer name="wrapper2"><intro>references to the relevant powers of compulsory acquisition are to—</intro><level class="para2" eId="schedule-4-paragraph-14-5-a"><num>(a)</num><content>the power to serve a notice to treat under Part I of the <noteRef href="#c1252166" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, and</content></level><level class="para2" eId="schedule-4-paragraph-14-5-b"><num>(b)</num><content>the power to execute a declaration under section 4 of the <noteRef href="#c1252167" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph 4 above.</content></level></hcontainer></subparagraph></paragraph><paragraph eId="schedule-4-paragraph-15" class="schProv1"><num>15</num><subparagraph eId="schedule-4-paragraph-15-1"><num>(1)</num><content>Paragraph 14 above shall not apply to any subsoil or under-surface of land required only for the construction of a work at a level more than the relevant distance below the level of the surface of the land.</content></subparagraph><subparagraph eId="schedule-4-paragraph-15-2"><num>(2)</num><intro>In sub-paragraph (1) above, the reference to the relevant distance is—</intro><level class="para1" eId="schedule-4-paragraph-15-2-a"><num>(a)</num><content>in the case of a work consisting of a pedestrian tunnel or ground anchor, 2 metres, and</content></level><level class="para1" eId="schedule-4-paragraph-15-2-b"><num>(b)</num><content>in the case of any other work, 9 metres.</content></level></subparagraph><subparagraph eId="schedule-4-paragraph-15-3"><num>(3)</num><intro>For the purposes of sub-paragraph (1) above, the level of the surface of the land shall be taken—</intro><level class="para1" eId="schedule-4-paragraph-15-3-a"><num>(a)</num><content>in the case of any land on which a building is erected, to be the level of the surface of the ground adjoining the building, and</content></level><level class="para1" eId="schedule-4-paragraph-15-3-b"><num>(b)</num><content>in the case of a watercourse or other area of water, to be the level of the surface of the adjoining ground which is at all times above water level.</content></level></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-III-crossheading-compensation"><heading> Compensation</heading><paragraph eId="schedule-4-paragraph-16" class="schProv1"><num>16</num><content>Section 4 of the <noteRef href="#c1252169" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981 (assessment of compensation in relation to a compulsory purchase where unnecessary things done with a view to obtaining compensation) shall have effect in relation to a compulsory purchase under this Part of this Act as if it were a compulsory purchase for the purposes of that Act.</content></paragraph></hcontainer></part>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-III-crossheading-acquisition-of-new-rights"><heading> Acquisition of new rights</heading><paragraph eId="schedule-4-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-4-paragraph-8-1"><num>(1)</num><content>The power conferred by section 4(1)(a) or (b) above shall include, in relation to any land to which the power relates, power to create and acquire such easements or other rights over land as may be required as mentioned in that provision instead of acquiring the land itself.</content></subparagraph><subparagraph eId="schedule-4-paragraph-8-2"><num>(2)</num><intro>Part I of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, and the enactments relating to compensation for the compulsory purchase of land, shall apply to a compulsory acquisition by virtue of sub-paragraph (1) above—</intro><level class="para1" eId="schedule-4-paragraph-8-2-a"><num>(a)</num><content>with the modifications specified in paragraph 9 below, and</content></level><level class="para1" eId="schedule-4-paragraph-8-2-b"><num>(b)</num><content>with such other modifications as may be necessary.</content></level></subparagraph></paragraph><paragraph eId="schedule-4-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-4-paragraph-9-1"><num>(1)</num><content>The modifications referred to in paragraph 8(2)(a) above are as follows.</content></subparagraph><subparagraph eId="schedule-4-paragraph-9-2"><num>(2)</num><content><mod>For section 7 of the <noteRef href="#c1252159" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965 there shall be substituted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><section><num>7</num><heading> Measure of compensation in case of purchase of new right.</heading><content>In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is purchased is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.</content></section></quotedStructure></mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-9-3"><num>(3)</num><content><mod>In section 8 of that Act (provisions as to divided land) for subsection (1) there shall be substituted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><subsection><num>(1)</num><intro>This subsection applies where—</intro><level class="para1"><num>(a)</num><content>a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“<term refersTo="#term-the-relevant-land">the relevant land</term>”) has been served on a person under section 5 of this Act,</content></level><level class="para1"><num>(b)</num><content>in consequence of the service of the notice, a question of disputed compensation in respect of the purchase of the right would, apart from this section, fall to be determined by the <ins class="substitution first last" ukl:ChangeId="key-c18f02cc92346718bb6e5448e5b74769-1479153877096" ukl:CommentaryRef="key-c18f02cc92346718bb6e5448e5b74769"><noteRef uk:name="commentary" href="#key-c18f02cc92346718bb6e5448e5b74769" class="commentary"/>Upper Tribunal</ins>, and</content></level><level class="para1"><num>(c)</num><content>before the <ins class="substitution first last" ukl:ChangeId="key-942f84043f7472209a2abbb91baab47f-1479153969026" ukl:CommentaryRef="key-942f84043f7472209a2abbb91baab47f"><noteRef uk:name="commentary" href="#key-942f84043f7472209a2abbb91baab47f" class="commentary"/>Upper Tribunal has</ins> determined that question, the person on whom the notice has been served satisfies <ins class="substitution first last" ukl:ChangeId="key-c530bb1549ad14a8920bdac3581003dd-1479154027686" ukl:CommentaryRef="key-c530bb1549ad14a8920bdac3581003dd"><noteRef uk:name="commentary" href="#key-c530bb1549ad14a8920bdac3581003dd" class="commentary"/>the Upper Tribunal</ins> that the relevant conditions are met.</content></level></subsection><subsection><num>(1A)</num><intro>The relevant conditions are—</intro><level class="para1"><num>(a)</num><content>that he has an interest which he is able and willing to sell in the whole of the relevant land;</content></level><level class="para1"><num>(b)</num><content>where the relevant land consists of a house, building or manufactory, that it cannot be made subject to the right without material detriment to it; and</content></level><level class="para1"><num>(c)</num><content>where the relevant land consists of a park or garden belonging to a house, that it cannot be made subject to the right without seriously affecting the amenity or convenience of the house.</content></level></subsection><subsection><num>(1B)</num><intro>Where subsection (1) above applies—</intro><level class="para1"><num>(a)</num><intro>the compulsory purchase order shall, in relation to the person on whom the notice to treat has been served—</intro><level class="para2"><num>(i)</num><content>cease to authorise the purchase of the right to which the notice relates, and</content></level><level class="para2"><num>(ii)</num><content>be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of a park or garden belonging to a house, the house,</content></level><wrapUp>and</wrapUp></level><level class="para1"><num>(b)</num><content>the notice to treat shall be deemed to have been served in respect of that interest on such date as the <ins class="substitution first last" ukl:ChangeId="key-2f3ee6ac43635fee83f037c105fc4d06-1479154143256" ukl:CommentaryRef="key-2f3ee6ac43635fee83f037c105fc4d06"><noteRef uk:name="commentary" href="#key-2f3ee6ac43635fee83f037c105fc4d06" class="commentary"/>Upper Tribunal directs</ins>.</content></level></subsection><subsection><num>(1C)</num><content>Any question as to the extent of the land in which the compulsory purchase order is deemed to authorise the purchase of an interest by virtue of subsection (1B)(a)(ii) of this section shall be determined by the <ins class="substitution first last" ukl:ChangeId="key-d3236a2cc6ca3d413076a4942fc789a5-1479154184256" ukl:CommentaryRef="key-d3236a2cc6ca3d413076a4942fc789a5"><noteRef uk:name="commentary" href="#key-d3236a2cc6ca3d413076a4942fc789a5" class="commentary"/>Upper Tribunal</ins>.</content></subsection><subsection><num>(1D)</num><content>Where the <ins class="substitution first last" ukl:ChangeId="key-7ebdd686d8f79886a7f09761cb731c9e-1479154224816" ukl:CommentaryRef="key-7ebdd686d8f79886a7f09761cb731c9e"><noteRef uk:name="commentary" href="#key-7ebdd686d8f79886a7f09761cb731c9e" class="commentary"/>Upper Tribunal determines</ins> that the person on whom a notice to treat has been served has satisfied <ins class="substitution first last" ukl:ChangeId="key-c3e3ac9961258228c33dee3488c1066f-1479154281207" ukl:CommentaryRef="key-c3e3ac9961258228c33dee3488c1066f"><noteRef uk:name="commentary" href="#key-c3e3ac9961258228c33dee3488c1066f" class="commentary"/>the Upper Tribunal</ins> as mentioned in subsection (1)(c) of this section, the acquiring authority may withdraw the notice at any time within the period of six weeks beginning with the date of the determination.</content></subsection><subsection><num>(1E)</num><content>Subsection (1D) of this section is without prejudice to any other power of the acquiring authority to withdraw the notice to treat.</content></subsection></quotedStructure></mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-9-4"><num>(4)</num><content>The following provisions of that Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land) namely—<blockList class="unordered none" ukl:Name="UnorderedList" ukl:Decoration="none"><item>section 9(4) (failure of owners to convey),</item><item>paragraph 10(3) of Schedule 1 (owners under incapacity),</item><item>paragraph 2(3) of Schedule 2 (absent and untraced owners), and</item><item>paragraphs 2(3) and 7(2) of Schedule 4 (common land),</item></blockList> shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority.</content></subparagraph><subparagraph eId="schedule-4-paragraph-9-5"><num>(5)</num><content>Section 11 of that Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on <ins class="substitution first last" ukl:ChangeId="key-fa8ed313afc2c6cc77cb54f6d9547fe1-1479069009490" ukl:CommentaryRef="key-fa8ed313afc2c6cc77cb54f6d9547fe1"><noteRef uk:name="commentary" href="#key-fa8ed313afc2c6cc77cb54f6d9547fe1" class="commentary"/>enforcement officer's or sheriff's warrant</ins> in the event of obstruction) of that Act shall be modified correspondingly.</content></subparagraph><subparagraph eId="schedule-4-paragraph-9-6"><num>(6)</num><content>Section 20 of that Act (compensation for short term tenants) shall apply with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the land but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question.</content></subparagraph><subparagraph eId="schedule-4-paragraph-9-7"><num>(7)</num><content>Section 22 of that Act (protection of acquiring authority’s possession of land where interest accidentally omitted from purchase) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.</content></subparagraph><subparagraph eId="schedule-4-paragraph-9-8"><num>(8)</num><intro>References in that Act to land are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—</intro><level class="para1" eId="schedule-4-paragraph-9-8-a"><num>(a)</num><content>the right acquired or to be acquired, or</content></level><level class="para1" eId="schedule-4-paragraph-9-8-b"><num>(b)</num><content>the land over which the right is, or is to be, exercisable.</content></level></subparagraph><subparagraph eId="schedule-4-paragraph-9-9"><num>(9)</num><content><mod>In the <noteRef href="#c1252160" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1973, for section 44 there shall be substituted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><section><num>44</num><heading> Compensation for injurious affection.</heading><subsection><num>(1)</num><content>Where a right over land is purchased from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, compensation for injurious affection of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land over which the right is exercisable.</content></subsection><subsection><num>(2)</num><content>In this section “<term refersTo="#term-compensation-for-injurious-affection">compensation for injurious affection</term>” means compensation for injurious affection under section 7 or 20 of the <noteRef href="#c1252161" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965 as applied by paragraph 8(2) of Schedule 4 to the Channel Tunnel Rail Link Act 1996.</content></subsection></section></quotedStructure></mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-9-10"><num>(10)</num><content><mod>For section 58 of that Act there shall be substituted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><section><num>58</num><heading> Determination of material detriment where right over part of house <abbr title="et cetera" xml:lang="la">etc.</abbr> proposed for compulsory acquisition.</heading><intro>In determining under section 8(1)(c) of the Compulsory Purchase Act 1965 as applied by paragraph 8(2) of Schedule 4 to the Channel Tunnel Rail Link Act 1996 whether—</intro><level class="para1"><num>(a)</num><content>a right over part of a house, building or manufactory can be taken without material detriment to the house, building or manufactory, or</content></level><level class="para1"><num>(b)</num><content>a right over part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house,</content></level><wrapUp>the <ins class="substitution first last" ukl:ChangeId="key-847637120a507620332e101e340ded1e-1479154362197" ukl:CommentaryRef="key-847637120a507620332e101e340ded1e"><noteRef uk:name="commentary" href="#key-847637120a507620332e101e340ded1e" class="commentary"/>Upper Tribunal</ins> shall take into account not only the effect of the right on the whole of the house, building or manufactory or of the house and the park or garden but also the use to be made of the rights proposed to be acquired and, in a case where the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.</wrapUp></section></quotedStructure></mod></content></subparagraph></paragraph><paragraph eId="schedule-4-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-4-paragraph-10-1"><num>(1)</num><content>The Secretary of State may by order provide, in relation to land to which this paragraph applies, that section 4(1) above, so far as relating to acquisition by virtue of paragraph 8(1) above, shall be treated as also authorising acquisition by such person as may be specified in the order.</content></subparagraph><subparagraph eId="schedule-4-paragraph-10-2"><num>(2)</num><content>This paragraph applies to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used which is or will be required for use in relocating any apparatus which it is expedient to divert or replace in consequence of the carrying out of any of the works authorised by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-4-paragraph-10-3"><num>(3)</num><content>The power to make an order under sub-paragraph (1) above includes power to make an order varying or revoking any order previously made under that provision.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-4-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-4-paragraph-8-1"><num>(1)</num><content>The power conferred by section 4(1)(a) or (b) above shall include, in relation to any land to which the power relates, power to create and acquire such easements or other rights over land as may be required as mentioned in that provision instead of acquiring the land itself.</content></subparagraph><subparagraph eId="schedule-4-paragraph-8-2"><num>(2)</num><intro>Part I of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, and the enactments relating to compensation for the compulsory purchase of land, shall apply to a compulsory acquisition by virtue of sub-paragraph (1) above—</intro><level class="para1" eId="schedule-4-paragraph-8-2-a"><num>(a)</num><content>with the modifications specified in paragraph 9 below, and</content></level><level class="para1" eId="schedule-4-paragraph-8-2-b"><num>(b)</num><content>with such other modifications as may be necessary.</content></level></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-4-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-4-paragraph-9-1"><num>(1)</num><content>The modifications referred to in paragraph 8(2)(a) above are as follows.</content></subparagraph><subparagraph eId="schedule-4-paragraph-9-2"><num>(2)</num><content><mod>For section 7 of the <noteRef href="#c1252159" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965 there shall be substituted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><section><num>7</num><heading> Measure of compensation in case of purchase of new right.</heading><content>In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is purchased is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.</content></section></quotedStructure></mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-9-3"><num>(3)</num><content><mod>In section 8 of that Act (provisions as to divided land) for subsection (1) there shall be substituted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><subsection><num>(1)</num><intro>This subsection applies where—</intro><level class="para1"><num>(a)</num><content>a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“<term refersTo="#term-the-relevant-land">the relevant land</term>”) has been served on a person under section 5 of this Act,</content></level><level class="para1"><num>(b)</num><content>in consequence of the service of the notice, a question of disputed compensation in respect of the purchase of the right would, apart from this section, fall to be determined by the <ins class="substitution first last" ukl:ChangeId="key-c18f02cc92346718bb6e5448e5b74769-1479153877096" ukl:CommentaryRef="key-c18f02cc92346718bb6e5448e5b74769"><noteRef uk:name="commentary" href="#key-c18f02cc92346718bb6e5448e5b74769" class="commentary"/>Upper Tribunal</ins>, and</content></level><level class="para1"><num>(c)</num><content>before the <ins class="substitution first last" ukl:ChangeId="key-942f84043f7472209a2abbb91baab47f-1479153969026" ukl:CommentaryRef="key-942f84043f7472209a2abbb91baab47f"><noteRef uk:name="commentary" href="#key-942f84043f7472209a2abbb91baab47f" class="commentary"/>Upper Tribunal has</ins> determined that question, the person on whom the notice has been served satisfies <ins class="substitution first last" ukl:ChangeId="key-c530bb1549ad14a8920bdac3581003dd-1479154027686" ukl:CommentaryRef="key-c530bb1549ad14a8920bdac3581003dd"><noteRef uk:name="commentary" href="#key-c530bb1549ad14a8920bdac3581003dd" class="commentary"/>the Upper Tribunal</ins> that the relevant conditions are met.</content></level></subsection><subsection><num>(1A)</num><intro>The relevant conditions are—</intro><level class="para1"><num>(a)</num><content>that he has an interest which he is able and willing to sell in the whole of the relevant land;</content></level><level class="para1"><num>(b)</num><content>where the relevant land consists of a house, building or manufactory, that it cannot be made subject to the right without material detriment to it; and</content></level><level class="para1"><num>(c)</num><content>where the relevant land consists of a park or garden belonging to a house, that it cannot be made subject to the right without seriously affecting the amenity or convenience of the house.</content></level></subsection><subsection><num>(1B)</num><intro>Where subsection (1) above applies—</intro><level class="para1"><num>(a)</num><intro>the compulsory purchase order shall, in relation to the person on whom the notice to treat has been served—</intro><level class="para2"><num>(i)</num><content>cease to authorise the purchase of the right to which the notice relates, and</content></level><level class="para2"><num>(ii)</num><content>be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of a park or garden belonging to a house, the house,</content></level><wrapUp>and</wrapUp></level><level class="para1"><num>(b)</num><content>the notice to treat shall be deemed to have been served in respect of that interest on such date as the <ins class="substitution first last" ukl:ChangeId="key-2f3ee6ac43635fee83f037c105fc4d06-1479154143256" ukl:CommentaryRef="key-2f3ee6ac43635fee83f037c105fc4d06"><noteRef uk:name="commentary" href="#key-2f3ee6ac43635fee83f037c105fc4d06" class="commentary"/>Upper Tribunal directs</ins>.</content></level></subsection><subsection><num>(1C)</num><content>Any question as to the extent of the land in which the compulsory purchase order is deemed to authorise the purchase of an interest by virtue of subsection (1B)(a)(ii) of this section shall be determined by the <ins class="substitution first last" ukl:ChangeId="key-d3236a2cc6ca3d413076a4942fc789a5-1479154184256" ukl:CommentaryRef="key-d3236a2cc6ca3d413076a4942fc789a5"><noteRef uk:name="commentary" href="#key-d3236a2cc6ca3d413076a4942fc789a5" class="commentary"/>Upper Tribunal</ins>.</content></subsection><subsection><num>(1D)</num><content>Where the <ins class="substitution first last" ukl:ChangeId="key-7ebdd686d8f79886a7f09761cb731c9e-1479154224816" ukl:CommentaryRef="key-7ebdd686d8f79886a7f09761cb731c9e"><noteRef uk:name="commentary" href="#key-7ebdd686d8f79886a7f09761cb731c9e" class="commentary"/>Upper Tribunal determines</ins> that the person on whom a notice to treat has been served has satisfied <ins class="substitution first last" ukl:ChangeId="key-c3e3ac9961258228c33dee3488c1066f-1479154281207" ukl:CommentaryRef="key-c3e3ac9961258228c33dee3488c1066f"><noteRef uk:name="commentary" href="#key-c3e3ac9961258228c33dee3488c1066f" class="commentary"/>the Upper Tribunal</ins> as mentioned in subsection (1)(c) of this section, the acquiring authority may withdraw the notice at any time within the period of six weeks beginning with the date of the determination.</content></subsection><subsection><num>(1E)</num><content>Subsection (1D) of this section is without prejudice to any other power of the acquiring authority to withdraw the notice to treat.</content></subsection></quotedStructure></mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-9-4"><num>(4)</num><content>The following provisions of that Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land) namely—<blockList class="unordered none" ukl:Name="UnorderedList" ukl:Decoration="none"><item>section 9(4) (failure of owners to convey),</item><item>paragraph 10(3) of Schedule 1 (owners under incapacity),</item><item>paragraph 2(3) of Schedule 2 (absent and untraced owners), and</item><item>paragraphs 2(3) and 7(2) of Schedule 4 (common land),</item></blockList> shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority.</content></subparagraph><subparagraph eId="schedule-4-paragraph-9-5"><num>(5)</num><content>Section 11 of that Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on <ins class="substitution first last" ukl:ChangeId="key-fa8ed313afc2c6cc77cb54f6d9547fe1-1479069009490" ukl:CommentaryRef="key-fa8ed313afc2c6cc77cb54f6d9547fe1"><noteRef uk:name="commentary" href="#key-fa8ed313afc2c6cc77cb54f6d9547fe1" class="commentary"/>enforcement officer's or sheriff's warrant</ins> in the event of obstruction) of that Act shall be modified correspondingly.</content></subparagraph><subparagraph eId="schedule-4-paragraph-9-6"><num>(6)</num><content>Section 20 of that Act (compensation for short term tenants) shall apply with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the land but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question.</content></subparagraph><subparagraph eId="schedule-4-paragraph-9-7"><num>(7)</num><content>Section 22 of that Act (protection of acquiring authority’s possession of land where interest accidentally omitted from purchase) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.</content></subparagraph><subparagraph eId="schedule-4-paragraph-9-8"><num>(8)</num><intro>References in that Act to land are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—</intro><level class="para1" eId="schedule-4-paragraph-9-8-a"><num>(a)</num><content>the right acquired or to be acquired, or</content></level><level class="para1" eId="schedule-4-paragraph-9-8-b"><num>(b)</num><content>the land over which the right is, or is to be, exercisable.</content></level></subparagraph><subparagraph eId="schedule-4-paragraph-9-9"><num>(9)</num><content><mod>In the <noteRef href="#c1252160" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1973, for section 44 there shall be substituted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><section><num>44</num><heading> Compensation for injurious affection.</heading><subsection><num>(1)</num><content>Where a right over land is purchased from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, compensation for injurious affection of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land over which the right is exercisable.</content></subsection><subsection><num>(2)</num><content>In this section “<term refersTo="#term-compensation-for-injurious-affection">compensation for injurious affection</term>” means compensation for injurious affection under section 7 or 20 of the <noteRef href="#c1252161" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965 as applied by paragraph 8(2) of Schedule 4 to the Channel Tunnel Rail Link Act 1996.</content></subsection></section></quotedStructure></mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-9-10"><num>(10)</num><content><mod>For section 58 of that Act there shall be substituted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><section><num>58</num><heading> Determination of material detriment where right over part of house <abbr title="et cetera" xml:lang="la">etc.</abbr> proposed for compulsory acquisition.</heading><intro>In determining under section 8(1)(c) of the Compulsory Purchase Act 1965 as applied by paragraph 8(2) of Schedule 4 to the Channel Tunnel Rail Link Act 1996 whether—</intro><level class="para1"><num>(a)</num><content>a right over part of a house, building or manufactory can be taken without material detriment to the house, building or manufactory, or</content></level><level class="para1"><num>(b)</num><content>a right over part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house,</content></level><wrapUp>the <ins class="substitution first last" ukl:ChangeId="key-847637120a507620332e101e340ded1e-1479154362197" ukl:CommentaryRef="key-847637120a507620332e101e340ded1e"><noteRef uk:name="commentary" href="#key-847637120a507620332e101e340ded1e" class="commentary"/>Upper Tribunal</ins> shall take into account not only the effect of the right on the whole of the house, building or manufactory or of the house and the park or garden but also the use to be made of the rights proposed to be acquired and, in a case where the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.</wrapUp></section></quotedStructure></mod></content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-4-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-4-paragraph-10-1"><num>(1)</num><content>The Secretary of State may by order provide, in relation to land to which this paragraph applies, that section 4(1) above, so far as relating to acquisition by virtue of paragraph 8(1) above, shall be treated as also authorising acquisition by such person as may be specified in the order.</content></subparagraph><subparagraph eId="schedule-4-paragraph-10-2"><num>(2)</num><content>This paragraph applies to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used which is or will be required for use in relocating any apparatus which it is expedient to divert or replace in consequence of the carrying out of any of the works authorised by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-4-paragraph-10-3"><num>(3)</num><content>The power to make an order under sub-paragraph (1) above includes power to make an order varying or revoking any order previously made under that provision.</content></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-III-crossheading-acquisition-of-part-only-of-certain-properties"><heading> Acquisition of part only of certain properties</heading><paragraph eId="schedule-4-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-4-paragraph-11-1"><num>(1)</num><intro>Where—</intro><level class="para1" eId="schedule-4-paragraph-11-1-a"><num>(a)</num><content>a notice to treat under Part I of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, is served in respect of land forming part only of a house, building or factory or part only of land consisting of a house with a park or garden, and</content></level><level class="para1" eId="schedule-4-paragraph-11-1-b"><num>(b)</num><content>a copy of this paragraph is served with the notice to treat,</content></level><wrapUp>the following provisions of this paragraph, with paragraph 12 below, shall apply instead of section 8(1) of the Compulsory Purchase Act 1965.</wrapUp></subparagraph><subparagraph eId="schedule-4-paragraph-11-2"><num>(2)</num><content>The person on whom the notice to treat is served (“<term refersTo="#term-the-owner" eId="term-the-owner">the owner</term>”) may within the period of 21 days beginning with the day on which the notice to treat is served on him, serve on the Secretary of State a counter-notice objecting to the sale of the part (“<term refersTo="#term-the-land-subject-to-the-notice-to-treat" eId="term-the-land-subject-to-the-notice-to-treat">the land subject to the notice to treat</term>”) and stating that he is willing and able to sell the whole (“<term refersTo="#term-the-land-subject-to-the-counter-notice" eId="term-the-land-subject-to-the-counter-notice">the land subject to the counter-notice</term>”).</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-3"><num>(3)</num><content>If no counter-notice is served under sub-paragraph (2) above, the owner shall be required to sell the land subject to the notice to treat.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-4"><num>(4)</num><content>If a counter-notice is served under sub-paragraph (2) above and the Secretary of State agrees to take the land subject to the counter-notice, the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-5"><num>(5)</num><content>If a counter-notice is served under sub-paragraph (2) above and the Secretary of State does not agree to take the land subject to the counter-notice, the question as to what land the owner is to be required to sell shall be referred to the <ins class="substitution first last" ukl:ChangeId="key-86ed047bbd6b3c62e542b276161277f7-1479153531064" ukl:CommentaryRef="key-86ed047bbd6b3c62e542b276161277f7"><noteRef uk:name="commentary" href="#key-86ed047bbd6b3c62e542b276161277f7" class="commentary"/>Upper Tribunal</ins>.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-6"><num>(6)</num><intro>If, on a reference under sub-paragraph (5) above, the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153576264" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins> that the land subject to the notice to treat can be taken—</intro><level class="para1" eId="schedule-4-paragraph-11-6-a"><num>(a)</num><content>without material detriment to the remainder of the land subject to the counter-notice, and</content></level><level class="para1" eId="schedule-4-paragraph-11-6-b"><num>(b)</num><content>where the land subject to the notice to treat consists of or includes garden only land, without seriously affecting the amenity and convenience of the relevant house,</content></level><wrapUp>the owner shall be required to sell the land subject to the notice to treat.</wrapUp></subparagraph><subparagraph eId="schedule-4-paragraph-11-7"><num>(7)</num><content>If, on such a reference, the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153595714" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins> that only part of the land subject to the notice to treat can be taken as mentioned in sub-paragraph (6) above, the notice to treat shall, subject to sub-paragraph (8) below, be deemed to be a notice to treat for that part.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-8"><num>(8)</num><content>Where the land subject to the notice to treat is not land which consists of or includes garden only land, sub-paragraph (7) above shall only have effect to deem the notice to treat to be a notice to treat for land which does consist of or include garden only land if the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153612594" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins> that that land can be taken without seriously affecting the amenity and convenience of the relevant house.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-9"><num>(9)</num><intro>If, on such a reference, the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153636114" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins>—</intro><level class="para1" eId="schedule-4-paragraph-11-9-a"><num>(a)</num><content>that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, but</content></level><level class="para1" eId="schedule-4-paragraph-11-9-b"><num>(b)</num><content>that the material detriment is confined to part of the remainder of that land,</content></level><wrapUp>then, except where sub-paragraph (10) below applies, the notice to treat shall be deemed to be a notice to treat in addition for the land to which the material detriment is confined.</wrapUp></subparagraph><subparagraph eId="schedule-4-paragraph-11-10"><num>(10)</num><content>If, in a case where the land subject to the notice to treat consists of or includes garden only land, the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153655344" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins> on such a reference that none of the land subject to the notice to treat can be taken without seriously affecting the amenity or convenience of the relevant house, the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-11"><num>(11)</num><intro>If, on such a reference, the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153674464" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins>—</intro><level class="para1" eId="schedule-4-paragraph-11-11-a"><num>(a)</num><content>that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, and</content></level><level class="para1" eId="schedule-4-paragraph-11-11-b"><num>(b)</num><content>that the material detriment is not confined to part of the remainder of that land,</content></level><wrapUp>the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.</wrapUp></subparagraph><subparagraph eId="schedule-4-paragraph-11-12"><num>(12)</num><content>For the purposes of this paragraph, the land subject to the notice to treat consists of or includes garden only land if it consists of the whole or part of a park or garden belonging to a house or if it includes the whole or part of such a park or garden but does not include the house (“<term refersTo="#term-the-relevant-house" eId="term-the-relevant-house">the relevant house</term>”) or any part of it.</content></subparagraph></paragraph><paragraph eId="schedule-4-paragraph-12" class="schProv1"><num>12</num><subparagraph eId="schedule-4-paragraph-12-1"><num>(1)</num><content>Where under paragraph 11 above a notice to treat is deemed by virtue of a determination of the<ins class="substitution first last" ukl:ChangeId="M_F_28b0cd1e-998c-44e7-d688-566e0d680523-1502888172031" ukl:CommentaryRef="M_F_28b0cd1e-998c-44e7-d688-566e0d680523"><noteRef uk:name="commentary" href="#M_F_28b0cd1e-998c-44e7-d688-566e0d680523" class="commentary"/>Upper Tribunal</ins> to be a notice to treat for less land or more land than that specified in the notice, the Secretary of State may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice.</content></subparagraph><subparagraph eId="schedule-4-paragraph-12-2"><num>(2)</num><content>If the Secretary of State withdraws a notice to treat under sub-paragraph (1) above, he shall pay the person on whom the notice was served compensation for any loss or expense occasioned to that person by the giving and withdrawal of the notice, such compensation to be determined in case of dispute by the <ins class="substitution first last" ukl:ChangeId="M_F_7fbd8e0e-4574-46a2-abef-08d038dedf4b-1502888328979" ukl:CommentaryRef="M_F_7fbd8e0e-4574-46a2-abef-08d038dedf4b"><noteRef uk:name="commentary" href="#M_F_7fbd8e0e-4574-46a2-abef-08d038dedf4b" class="commentary"/>Upper Tribunal</ins>.</content></subparagraph><subparagraph eId="schedule-4-paragraph-12-3"><num>(3)</num><content>Where under paragraph 11 above a person is required to sell part only of a house, building or factory or of land consisting of a house with a park or garden, the Secretary of State shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.</content></subparagraph><subparagraph eId="schedule-4-paragraph-12-4"><num>(4)</num><content>A notice to treat shall have the effect which it is deemed to have under paragraph 11(4), (9), (10) or (11) above whether or not the additional land is, apart from that provision, land which the Secretary of State is authorised to acquire compulsorily under this Part of this Act.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-4-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-4-paragraph-11-1"><num>(1)</num><intro>Where—</intro><level class="para1" eId="schedule-4-paragraph-11-1-a"><num>(a)</num><content>a notice to treat under Part I of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, is served in respect of land forming part only of a house, building or factory or part only of land consisting of a house with a park or garden, and</content></level><level class="para1" eId="schedule-4-paragraph-11-1-b"><num>(b)</num><content>a copy of this paragraph is served with the notice to treat,</content></level><wrapUp>the following provisions of this paragraph, with paragraph 12 below, shall apply instead of section 8(1) of the Compulsory Purchase Act 1965.</wrapUp></subparagraph><subparagraph eId="schedule-4-paragraph-11-2"><num>(2)</num><content>The person on whom the notice to treat is served (“<term refersTo="#term-the-owner" eId="term-the-owner">the owner</term>”) may within the period of 21 days beginning with the day on which the notice to treat is served on him, serve on the Secretary of State a counter-notice objecting to the sale of the part (“<term refersTo="#term-the-land-subject-to-the-notice-to-treat" eId="term-the-land-subject-to-the-notice-to-treat">the land subject to the notice to treat</term>”) and stating that he is willing and able to sell the whole (“<term refersTo="#term-the-land-subject-to-the-counter-notice" eId="term-the-land-subject-to-the-counter-notice">the land subject to the counter-notice</term>”).</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-3"><num>(3)</num><content>If no counter-notice is served under sub-paragraph (2) above, the owner shall be required to sell the land subject to the notice to treat.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-4"><num>(4)</num><content>If a counter-notice is served under sub-paragraph (2) above and the Secretary of State agrees to take the land subject to the counter-notice, the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-5"><num>(5)</num><content>If a counter-notice is served under sub-paragraph (2) above and the Secretary of State does not agree to take the land subject to the counter-notice, the question as to what land the owner is to be required to sell shall be referred to the <ins class="substitution first last" ukl:ChangeId="key-86ed047bbd6b3c62e542b276161277f7-1479153531064" ukl:CommentaryRef="key-86ed047bbd6b3c62e542b276161277f7"><noteRef uk:name="commentary" href="#key-86ed047bbd6b3c62e542b276161277f7" class="commentary"/>Upper Tribunal</ins>.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-6"><num>(6)</num><intro>If, on a reference under sub-paragraph (5) above, the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153576264" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins> that the land subject to the notice to treat can be taken—</intro><level class="para1" eId="schedule-4-paragraph-11-6-a"><num>(a)</num><content>without material detriment to the remainder of the land subject to the counter-notice, and</content></level><level class="para1" eId="schedule-4-paragraph-11-6-b"><num>(b)</num><content>where the land subject to the notice to treat consists of or includes garden only land, without seriously affecting the amenity and convenience of the relevant house,</content></level><wrapUp>the owner shall be required to sell the land subject to the notice to treat.</wrapUp></subparagraph><subparagraph eId="schedule-4-paragraph-11-7"><num>(7)</num><content>If, on such a reference, the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153595714" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins> that only part of the land subject to the notice to treat can be taken as mentioned in sub-paragraph (6) above, the notice to treat shall, subject to sub-paragraph (8) below, be deemed to be a notice to treat for that part.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-8"><num>(8)</num><content>Where the land subject to the notice to treat is not land which consists of or includes garden only land, sub-paragraph (7) above shall only have effect to deem the notice to treat to be a notice to treat for land which does consist of or include garden only land if the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153612594" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins> that that land can be taken without seriously affecting the amenity and convenience of the relevant house.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-9"><num>(9)</num><intro>If, on such a reference, the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153636114" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins>—</intro><level class="para1" eId="schedule-4-paragraph-11-9-a"><num>(a)</num><content>that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, but</content></level><level class="para1" eId="schedule-4-paragraph-11-9-b"><num>(b)</num><content>that the material detriment is confined to part of the remainder of that land,</content></level><wrapUp>then, except where sub-paragraph (10) below applies, the notice to treat shall be deemed to be a notice to treat in addition for the land to which the material detriment is confined.</wrapUp></subparagraph><subparagraph eId="schedule-4-paragraph-11-10"><num>(10)</num><content>If, in a case where the land subject to the notice to treat consists of or includes garden only land, the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153655344" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins> on such a reference that none of the land subject to the notice to treat can be taken without seriously affecting the amenity or convenience of the relevant house, the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-11"><num>(11)</num><intro>If, on such a reference, the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153674464" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins>—</intro><level class="para1" eId="schedule-4-paragraph-11-11-a"><num>(a)</num><content>that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, and</content></level><level class="para1" eId="schedule-4-paragraph-11-11-b"><num>(b)</num><content>that the material detriment is not confined to part of the remainder of that land,</content></level><wrapUp>the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.</wrapUp></subparagraph><subparagraph eId="schedule-4-paragraph-11-12"><num>(12)</num><content>For the purposes of this paragraph, the land subject to the notice to treat consists of or includes garden only land if it consists of the whole or part of a park or garden belonging to a house or if it includes the whole or part of such a park or garden but does not include the house (“<term refersTo="#term-the-relevant-house" eId="term-the-relevant-house">the relevant house</term>”) or any part of it.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-4-paragraph-12" class="schProv1"><num>12</num><subparagraph eId="schedule-4-paragraph-12-1"><num>(1)</num><content>Where under paragraph 11 above a notice to treat is deemed by virtue of a determination of the<ins class="substitution first last" ukl:ChangeId="M_F_28b0cd1e-998c-44e7-d688-566e0d680523-1502888172031" ukl:CommentaryRef="M_F_28b0cd1e-998c-44e7-d688-566e0d680523"><noteRef uk:name="commentary" href="#M_F_28b0cd1e-998c-44e7-d688-566e0d680523" class="commentary"/>Upper Tribunal</ins> to be a notice to treat for less land or more land than that specified in the notice, the Secretary of State may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice.</content></subparagraph><subparagraph eId="schedule-4-paragraph-12-2"><num>(2)</num><content>If the Secretary of State withdraws a notice to treat under sub-paragraph (1) above, he shall pay the person on whom the notice was served compensation for any loss or expense occasioned to that person by the giving and withdrawal of the notice, such compensation to be determined in case of dispute by the <ins class="substitution first last" ukl:ChangeId="M_F_7fbd8e0e-4574-46a2-abef-08d038dedf4b-1502888328979" ukl:CommentaryRef="M_F_7fbd8e0e-4574-46a2-abef-08d038dedf4b"><noteRef uk:name="commentary" href="#M_F_7fbd8e0e-4574-46a2-abef-08d038dedf4b" class="commentary"/>Upper Tribunal</ins>.</content></subparagraph><subparagraph eId="schedule-4-paragraph-12-3"><num>(3)</num><content>Where under paragraph 11 above a person is required to sell part only of a house, building or factory or of land consisting of a house with a park or garden, the Secretary of State shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.</content></subparagraph><subparagraph eId="schedule-4-paragraph-12-4"><num>(4)</num><content>A notice to treat shall have the effect which it is deemed to have under paragraph 11(4), (9), (10) or (11) above whether or not the additional land is, apart from that provision, land which the Secretary of State is authorised to acquire compulsorily under this Part of this Act.</content></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-III-crossheading-minerals"><heading> Minerals</heading><paragraph eId="schedule-4-paragraph-13" class="schProv1"><num>13</num><subparagraph eId="schedule-4-paragraph-13-1"><num>(1)</num><content>Parts II and <abbr class="acronym" title="3">III</abbr> of Schedule 2 to the <noteRef href="#c1252165" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981 (exception of minerals from compulsory purchase and regulation of the working of mines or minerals underlying an authorised undertaking) shall have effect in relation to land to which section 4(1) above applies as if it were comprised in a compulsory purchase order providing for the incorporation with that order of those Parts of that Schedule.</content></subparagraph><subparagraph eId="schedule-4-paragraph-13-2"><num>(2)</num><intro>In their application by virtue of sub-paragraph (1) above, Parts II and <abbr class="acronym" title="3">III</abbr> of Schedule 2 to the Acquisition of Land Act 1981 shall have effect with the following modifications—</intro><level class="para1" eId="schedule-4-paragraph-13-2-a"><num>(a)</num><content>references to the acquiring authority, except the second reference in paragraph 6, shall be construed as references to the nominated undertaker, and</content></level><level class="para1" eId="schedule-4-paragraph-13-2-b"><num>(b)</num><content>references to the undertaking shall be construed as references to the undertaking which the nominated undertaker is authorised by this Part of this Act to carry on.</content></level></subparagraph></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-III-crossheading-power-to-require-acquisition-where-time-limit-extended"><heading> Power to require acquisition where time limit extended</heading><paragraph eId="schedule-4-paragraph-14" class="schProv1"><num>14</num><subparagraph eId="schedule-4-paragraph-14-1"><num>(1)</num><content>If the Secretary of State makes an order under section 47(2) above, the following provisions shall have effect as from the coming into operation of that order.</content></subparagraph><subparagraph eId="schedule-4-paragraph-14-2"><num>(2)</num><intro>If an owner or lessee of any of the land in relation to which the order is made gives notice in writing to the Secretary of State that he desires his interest in such of that land as is specified in the notice to be acquired by the Secretary of State, the Secretary of State shall, within the period of 3 months immediately following receipt of the notice—</intro><level class="para1" eId="schedule-4-paragraph-14-2-a"><num>(a)</num><content>enter into an agreement with him for the acquisition of his interest in the whole or part of the land specified in the notice,</content></level><level class="para1" eId="schedule-4-paragraph-14-2-b"><num>(b)</num><content>exercise the relevant powers of compulsory acquisition in respect of his interest in the whole or part of the land specified in the notice, or</content></level><level class="para1" eId="schedule-4-paragraph-14-2-c"><num>(c)</num><content>serve on him notice in writing of the Secretary of State’s intention not to proceed with the purchase of his interest in any of the land specified in the notice.</content></level></subparagraph><subparagraph eId="schedule-4-paragraph-14-3"><num>(3)</num><intro>Where—</intro><level class="para1" eId="schedule-4-paragraph-14-3-a"><num>(a)</num><content>a person gives the Secretary of State notice under sub-paragraph (2) above, and</content></level><level class="para1" eId="schedule-4-paragraph-14-3-b"><num>(b)</num><intro>the Secretary of State—</intro><level class="para2" eId="schedule-4-paragraph-14-3-b-i"><num>(i)</num><content>fails to comply with the requirements of that sub-paragraph,</content></level><level class="para2" eId="schedule-4-paragraph-14-3-b-ii"><num>(ii)</num><content>withdraws a notice to treat served in compliance with paragraph (b) of that sub-paragraph, or</content></level><level class="para2" eId="schedule-4-paragraph-14-3-b-iii"><num>(iii)</num><content>serves on the owner notice in compliance with paragraph (c) of that sub-paragraph,</content></level><wrapUp>the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person’s interest in any of the land specified in the notice under sub-paragraph (2) above.</wrapUp></level></subparagraph><subparagraph eId="schedule-4-paragraph-14-4"><num>(4)</num><intro>Where—</intro><level class="para1" eId="schedule-4-paragraph-14-4-a"><num>(a)</num><content>a person gives the Secretary of State notice under sub-paragraph (2) above, and</content></level><level class="para1" eId="schedule-4-paragraph-14-4-b"><num>(b)</num><content>the Secretary of State acquires in pursuance of paragraph (a) or (b) of that sub-paragraph that person’s interest in some, but not all, of the land specified in the notice,</content></level><wrapUp>the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person’s interest in the remainder of that land.</wrapUp></subparagraph><subparagraph eId="schedule-4-paragraph-14-5"><num>(5)</num><hcontainer name="wrapper2"><intro>In this paragraph—</intro><hcontainer name="definition"><content>“<term refersTo="#term-lessee" eId="term-lessee">lessee</term>” means a person who holds an interest under a lease for a period of which not less than 21 years is unexpired at the date of the giving of any notice by that person under sub-paragraph (2) above,</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-owner" eId="term-owner">owner</term>”, in relation to any land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and</content></hcontainer></hcontainer><hcontainer name="wrapper2"><intro>references to the relevant powers of compulsory acquisition are to—</intro><level class="para2" eId="schedule-4-paragraph-14-5-a"><num>(a)</num><content>the power to serve a notice to treat under Part I of the <noteRef href="#c1252166" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, and</content></level><level class="para2" eId="schedule-4-paragraph-14-5-b"><num>(b)</num><content>the power to execute a declaration under section 4 of the <noteRef href="#c1252167" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph 4 above.</content></level></hcontainer></subparagraph></paragraph><paragraph eId="schedule-4-paragraph-15" class="schProv1"><num>15</num><subparagraph eId="schedule-4-paragraph-15-1"><num>(1)</num><content>Paragraph 14 above shall not apply to any subsoil or under-surface of land required only for the construction of a work at a level more than the relevant distance below the level of the surface of the land.</content></subparagraph><subparagraph eId="schedule-4-paragraph-15-2"><num>(2)</num><intro>In sub-paragraph (1) above, the reference to the relevant distance is—</intro><level class="para1" eId="schedule-4-paragraph-15-2-a"><num>(a)</num><content>in the case of a work consisting of a pedestrian tunnel or ground anchor, 2 metres, and</content></level><level class="para1" eId="schedule-4-paragraph-15-2-b"><num>(b)</num><content>in the case of any other work, 9 metres.</content></level></subparagraph><subparagraph eId="schedule-4-paragraph-15-3"><num>(3)</num><intro>For the purposes of sub-paragraph (1) above, the level of the surface of the land shall be taken—</intro><level class="para1" eId="schedule-4-paragraph-15-3-a"><num>(a)</num><content>in the case of any land on which a building is erected, to be the level of the surface of the ground adjoining the building, and</content></level><level class="para1" eId="schedule-4-paragraph-15-3-b"><num>(b)</num><content>in the case of a watercourse or other area of water, to be the level of the surface of the adjoining ground which is at all times above water level.</content></level></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-4-paragraph-14" class="schProv1"><num>14</num><subparagraph eId="schedule-4-paragraph-14-1"><num>(1)</num><content>If the Secretary of State makes an order under section 47(2) above, the following provisions shall have effect as from the coming into operation of that order.</content></subparagraph><subparagraph eId="schedule-4-paragraph-14-2"><num>(2)</num><intro>If an owner or lessee of any of the land in relation to which the order is made gives notice in writing to the Secretary of State that he desires his interest in such of that land as is specified in the notice to be acquired by the Secretary of State, the Secretary of State shall, within the period of 3 months immediately following receipt of the notice—</intro><level class="para1" eId="schedule-4-paragraph-14-2-a"><num>(a)</num><content>enter into an agreement with him for the acquisition of his interest in the whole or part of the land specified in the notice,</content></level><level class="para1" eId="schedule-4-paragraph-14-2-b"><num>(b)</num><content>exercise the relevant powers of compulsory acquisition in respect of his interest in the whole or part of the land specified in the notice, or</content></level><level class="para1" eId="schedule-4-paragraph-14-2-c"><num>(c)</num><content>serve on him notice in writing of the Secretary of State’s intention not to proceed with the purchase of his interest in any of the land specified in the notice.</content></level></subparagraph><subparagraph eId="schedule-4-paragraph-14-3"><num>(3)</num><intro>Where—</intro><level class="para1" eId="schedule-4-paragraph-14-3-a"><num>(a)</num><content>a person gives the Secretary of State notice under sub-paragraph (2) above, and</content></level><level class="para1" eId="schedule-4-paragraph-14-3-b"><num>(b)</num><intro>the Secretary of State—</intro><level class="para2" eId="schedule-4-paragraph-14-3-b-i"><num>(i)</num><content>fails to comply with the requirements of that sub-paragraph,</content></level><level class="para2" eId="schedule-4-paragraph-14-3-b-ii"><num>(ii)</num><content>withdraws a notice to treat served in compliance with paragraph (b) of that sub-paragraph, or</content></level><level class="para2" eId="schedule-4-paragraph-14-3-b-iii"><num>(iii)</num><content>serves on the owner notice in compliance with paragraph (c) of that sub-paragraph,</content></level><wrapUp>the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person’s interest in any of the land specified in the notice under sub-paragraph (2) above.</wrapUp></level></subparagraph><subparagraph eId="schedule-4-paragraph-14-4"><num>(4)</num><intro>Where—</intro><level class="para1" eId="schedule-4-paragraph-14-4-a"><num>(a)</num><content>a person gives the Secretary of State notice under sub-paragraph (2) above, and</content></level><level class="para1" eId="schedule-4-paragraph-14-4-b"><num>(b)</num><content>the Secretary of State acquires in pursuance of paragraph (a) or (b) of that sub-paragraph that person’s interest in some, but not all, of the land specified in the notice,</content></level><wrapUp>the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person’s interest in the remainder of that land.</wrapUp></subparagraph><subparagraph eId="schedule-4-paragraph-14-5"><num>(5)</num><hcontainer name="wrapper2"><intro>In this paragraph—</intro><hcontainer name="definition"><content>“<term refersTo="#term-lessee" eId="term-lessee">lessee</term>” means a person who holds an interest under a lease for a period of which not less than 21 years is unexpired at the date of the giving of any notice by that person under sub-paragraph (2) above,</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-owner" eId="term-owner">owner</term>”, in relation to any land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and</content></hcontainer></hcontainer><hcontainer name="wrapper2"><intro>references to the relevant powers of compulsory acquisition are to—</intro><level class="para2" eId="schedule-4-paragraph-14-5-a"><num>(a)</num><content>the power to serve a notice to treat under Part I of the <noteRef href="#c1252166" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, and</content></level><level class="para2" eId="schedule-4-paragraph-14-5-b"><num>(b)</num><content>the power to execute a declaration under section 4 of the <noteRef href="#c1252167" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph 4 above.</content></level></hcontainer></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-4-paragraph-15" class="schProv1"><num>15</num><subparagraph eId="schedule-4-paragraph-15-1"><num>(1)</num><content>Paragraph 14 above shall not apply to any subsoil or under-surface of land required only for the construction of a work at a level more than the relevant distance below the level of the surface of the land.</content></subparagraph><subparagraph eId="schedule-4-paragraph-15-2"><num>(2)</num><intro>In sub-paragraph (1) above, the reference to the relevant distance is—</intro><level class="para1" eId="schedule-4-paragraph-15-2-a"><num>(a)</num><content>in the case of a work consisting of a pedestrian tunnel or ground anchor, 2 metres, and</content></level><level class="para1" eId="schedule-4-paragraph-15-2-b"><num>(b)</num><content>in the case of any other work, 9 metres.</content></level></subparagraph><subparagraph eId="schedule-4-paragraph-15-3"><num>(3)</num><intro>For the purposes of sub-paragraph (1) above, the level of the surface of the land shall be taken—</intro><level class="para1" eId="schedule-4-paragraph-15-3-a"><num>(a)</num><content>in the case of any land on which a building is erected, to be the level of the surface of the ground adjoining the building, and</content></level><level class="para1" eId="schedule-4-paragraph-15-3-b"><num>(b)</num><content>in the case of a watercourse or other area of water, to be the level of the surface of the adjoining ground which is at all times above water level.</content></level></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-III-crossheading-compensation"><heading> Compensation</heading><paragraph eId="schedule-4-paragraph-16" class="schProv1"><num>16</num><content>Section 4 of the <noteRef href="#c1252169" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981 (assessment of compensation in relation to a compulsory purchase where unnecessary things done with a view to obtaining compensation) shall have effect in relation to a compulsory purchase under this Part of this Act as if it were a compulsory purchase for the purposes of that Act.</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:default="http://www.w3.org/1999/xhtml" eId="schedule-5-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-5-paragraph-1-1"><num>(1)</num><intro>The nominated undertaker may, in connection with the construction of the scheduled work or works specified in column (1) of the following table (or any works which are necessary or expedient for the purposes of or in connection with that work or those works)—</intro><level class="para1" eId="schedule-5-paragraph-1-1-a"><num>(a)</num><content>enter upon and take possession of the land specified in relation to that work or those works in columns (2) and (3) of that table for such purposes as are so specified in column (4) of that table, and</content></level><level class="para1" eId="schedule-5-paragraph-1-1-b"><num>(b)</num><intro>for such purposes as are so specified—</intro><level class="para2" eId="schedule-5-paragraph-1-1-b-i"><num>(i)</num><content>remove from the land any structure or vegetation, and</content></level><level class="para2" eId="schedule-5-paragraph-1-1-b-ii"><num>(ii)</num><content>construct on the land temporary works (including the provision of means of access) and structures.<tblock class="table" ukl:Orientation="portrait"><heading> Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th><default:th>(3)</default:th><default:th>(4)</default:th></default:tr><default:tr><default:th>Works</default:th><default:th>Area</default:th><default:th>Number of land shown on deposited plans</default:th><default:th>Purpose for which temporary possession may be taken</default:th></default:tr><default:tr><default:th colspan="4">GREATER LONDON</default:th></default:tr><default:tr><default:td>1A, 1B, 1C, 1D, 1F and 5D(1)</default:td><default:td>London Borough of Camden</default:td><default:td>79</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>1A, 1B, 1C, 1D and 1F</default:td><default:td/><default:td>87</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>1A, 1AA, 1B, 1BB, 1C, 1CC, 1D, 1DD, 1EE, 1K, 3, 3B, 3C and 5A</default:td><default:td/><default:td>182 and 189 to 192</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>1HH, 3B and 3C</default:td><default:td/><default:td>203 and 204</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>1JJ, 2AA and 2BB</default:td><default:td>London Borough of Islington</default:td><default:td>782 and 1050</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>1AA, 1BB and 3E</default:td><default:td/><default:td>787 and 788</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>6</default:td><default:td>London Borough of Hackney</default:td><default:td>778 and 779</default:td><default:td>The provision of barge moorings and barge loading facilities.</default:td></default:tr><default:tr><default:td>6</default:td><default:td/><default:td>780</default:td><default:td>The provision of barge loading facilities, spoil handling plant and machinery, a temporary shaft to Work <abbr title="Number">No.</abbr> 6, a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>6</default:td><default:td/><default:td>781 and 782</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>22</default:td><default:td>London Borough of Newham</default:td><default:td>1237 and 1239</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td>6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 7</default:td><default:td/><default:td>1253 and 1254</default:td><default:td>The provision of barge moorings and barge loading facilities, spoil handling plant and machinery, a conveyor, a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 7</default:td><default:td/><default:td>1255 to 1260</default:td><default:td>The provision of spoil handling plant and machinery, a conveyor and access for construction purposes.</default:td></default:tr><default:tr><default:td>6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 7</default:td><default:td/><default:td>1261</default:td><default:td>The provision of spoil handling plant and machinery and a conveyor.</default:td></default:tr><default:tr><default:td>6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 7</default:td><default:td/><default:td>1262 and 1263</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 7</default:td><default:td/><default:td>1269</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>6D and 6E</default:td><default:td>London Borough of Waltham Forest</default:td><default:td>6</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>6D and 6E</default:td><default:td/><default:td>10</default:td><default:td>The provision of access for construction of drainage works.</default:td></default:tr><default:tr><default:td>8Q</default:td><default:td>London Borough of Barking and Dagenham</default:td><default:td>205</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>8H, 8P(3) and 8P(4)</default:td><default:td/><default:td>195, 201 and 202</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>8L and 8R</default:td><default:td/><default:td>215 and 226</default:td><default:td>The provision of accesses for construction purposes.</default:td></default:tr><default:tr><default:td>8, 8G, 8J and 8R</default:td><default:td/><default:td>217 to 219</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>22, 22A, 22B, 22C, 22E, 22F, 22G, 22J and 8U(13)</default:td><default:td/><default:td>829 and 830</default:td><default:td>The provision of a conveyor, spoil handling plant and machinery, and access for construction purposes.</default:td></default:tr><default:tr><default:td>22, 22A, 22B, 22C, 22E, 22F, 22G, 22J and 8U(13)</default:td><default:td/><default:td>839</default:td><default:td>The use of a jetty and provision of moorings in the River Thames.</default:td></default:tr><default:tr><default:td>8, 8G, 8J and 8R</default:td><default:td>London Borough of Havering</default:td><default:td>1 to 4</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>8 and 8S</default:td><default:td/><default:td>25 to 30 and 45</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>8 and 8U(7)</default:td><default:td/><default:td>55 and 56</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:th colspan="4">COUNTY OF ESSEX</default:th></default:tr><default:tr><default:td>9</default:td><default:td>Borough of Thurrock</default:td><default:td>52 and 56 to 67</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>9, 9C, 9D, 9F(1) and 10</default:td><default:td/><default:td>81, 83, 84, 89, 93, 94, 96 and 98</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:th colspan="4">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>10, 10A, 10B, 10C and 10J</default:td><default:td>Borough of Dartford, Parish of Swanscombe and Greenhithe</default:td><default:td>13 and 14</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>10B, 10D, 10F(1) and 10R(2)</default:td><default:td/><default:td>21 to 23</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>10, 10T(1), 10T(3), 10T(8), 10R, 10P, 10Q and 11 to 11F</default:td><default:td>Borough of Dartford, Parish of Southfleet</default:td><default:td>12 and 13</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>10T(6), 10T(7) and 10T(8)</default:td><default:td/><default:td>26</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>11</default:td><default:td/><default:td>53</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td>10J and 10J(2)</default:td><default:td>Borough of Gravesham, Town of Gravesend</default:td><default:td>2 to 4</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>10, 10B, 10C, 10D, 10E and 10F(1)</default:td><default:td/><default:td>12 to 14</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>10R(2)</default:td><default:td/><default:td>42</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>10B, 10C and 10N</default:td><default:td/><default:td>70</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>12, 12F and 12H</default:td><default:td>Borough of Gravesham, Parish of Cobham</default:td><default:td>28</default:td><default:td>The provision of a working site and temporary road diversion.</default:td></default:tr><default:tr><default:td>20A and 20B</default:td><default:td>Borough of Gravesham, Parish of Higham</default:td><default:td>9 and 10</default:td><default:td>The provision of access to a railhead to be used for construction purposes.</default:td></default:tr><default:tr><default:td>20A and 20B</default:td><default:td>Borough of Gravesham, Parish of Shorne</default:td><default:td>18</default:td><default:td>The provision of access to a railhead to be used for construction purposes.</default:td></default:tr><default:tr><default:td>13, 13B</default:td><default:td>City of Rochester Upon Medway, Town of Rochester</default:td><default:td>27 to 29</default:td><default:td>The provision of a working site and access to the River Medway for construction purposes.</default:td></default:tr><default:tr><default:td>13C and 13D</default:td><default:td/><default:td>65, 68, 69 and 71</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>13C and 13D</default:td><default:td>Borough of Tonbridge and Malling, Parish of Wouldham</default:td><default:td>1 and 2</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>13</default:td><default:td>Borough of Tonbridge and Malling, Parish of Aylesford</default:td><default:td>1, 4, 29 and 41</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>13</default:td><default:td>Borough of Maidstone, Parish of Boxley</default:td><default:td>88</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>13 and 13J</default:td><default:td>Borough of Maidstone, Parish of Detling</default:td><default:td>1</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>14 and 14A</default:td><default:td>Borough of Maidstone, Parish of Thurnham</default:td><default:td>5</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>14</default:td><default:td>Borough of Maidstone, Parish of Leeds</default:td><default:td>1</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>15</default:td><default:td>Borough of Ashford, Parish of Hothfield</default:td><default:td>6</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>16, 16A, 16B and 16F</default:td><default:td/><default:td>15</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>16, 16A and 16B</default:td><default:td>Borough of Ashford, Town of Ashford</default:td><default:td>16</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td>16C and 16H</default:td><default:td/><default:td>34 to 37 and 48</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>16 and 16H</default:td><default:td/><default:td>59 to 73 and 76</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>16 and 16K</default:td><default:td/><default:td>78</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>16A, 16B, 16C, 16K and 16L</default:td><default:td/><default:td>46 and 78 to 80</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>16, 16A, 16B, 16C, 16K and 16M</default:td><default:td/><default:td>85, 86, 89, 94 and 95</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>16, 16A, 16B 16C and 16D</default:td><default:td/><default:td>110, 111, 117 and 122</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>16, 16A, 16B, 16C, 16D and 16E</default:td><default:td/><default:td>125 and 131</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>17, 17B and 17C</default:td><default:td>Borough of Ashford, Parish of Sevington</default:td><default:td>28</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td>17 and 17H</default:td><default:td>Borough of Ashford, Parish of Smeeth</default:td><default:td>24 and 27</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>17, 17J(1) and 17K</default:td><default:td/><default:td>31</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>17 and 17J(2)</default:td><default:td>District of Shepway, Parish of Sellindge</default:td><default:td>44, 45 and 60</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>17</default:td><default:td>District of Shepway, Parish of Stanford</default:td><default:td>7 and 17 to 19</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>17 and 17Q</default:td><default:td>District of Shepway, Parish of Saltwood</default:td><default:td>13 to 16</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>17, 17Q and 17P</default:td><default:td>District of Shepway, Parish of Postling</default:td><default:td>11 and 14 to 18</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>18B, 18E, 18F and 18G</default:td><default:td>District of Shepway, Parish of Newington</default:td><default:td>3 and 4</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>18J</default:td><default:td/><default:td>6 and 9</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>18A, 18AA, 18B, 18F, 18G and 18K</default:td><default:td/><default:td>14 to 16, 19 to 21, 32 and 37</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>18A, 18AA, 18B and 18G</default:td><default:td/><default:td>31 and 40</default:td><default:td>The provision of working sites and access for construction purposes.</default:td></default:tr><default:tr><default:td>18AA</default:td><default:td/><default:td>62</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>18E</default:td><default:td>District of Shepway, Parish of Hythe</default:td><default:td>1</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>18AA</default:td><default:td>District of Shepway, Town of Folkestone</default:td><default:td>6</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>13, 14, 15, 15A, 15B, 16, 16A, 16B, 16C, 16D, 16E, 17, 18A, 18AA, 18B, 18C, 18D, 18F, 18G and all railway works associated therewith</default:td><default:td>District of Thanet, Parish of Minster</default:td><default:td>2</default:td><default:td>The provision of access to a railhead to be used for construction purposes.</default:td></default:tr><default:tr><default:td>13, 14, 15, 15A, 15B, 16, 16A, 16B, 16C, 16D, 16E, 17, 18A, 18AA, 18B, 18C, 18D, 18F, 18G and all railway works associated therewith</default:td><default:td>District of Dover, Parish of Sandwich</default:td><default:td>1</default:td><default:td>The provision of access to a railhead to be used for construction purposes.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></level></level></subparagraph><subparagraph eId="schedule-5-paragraph-1-2"><num>(2)</num><content>Not less than 28 days before entering upon and taking possession of land under this paragraph, the nominated undertaker shall give notice to the owners and occupiers of the land of its intention to do so.</content></subparagraph><subparagraph eId="schedule-5-paragraph-1-3"><num>(3)</num><content>The nominated undertaker may not remain in possession of any land under this paragraph after the end of the period of one year beginning with the date of completion of the work or works specified in relation to the land in column (1) of the table in sub-paragraph (1) above unless the owners of the land agree.</content></subparagraph><subparagraph eId="schedule-5-paragraph-1-4"><num>(4)</num><content>The nominated undertaker shall pay compensation to the owners and occupiers of land of which possession is taken under this paragraph for any loss which they may suffer by reason of the exercise in relation to the land of the powers conferred by this paragraph.</content></subparagraph><subparagraph eId="schedule-5-paragraph-1-5"><num>(5)</num><content>Any dispute as to a person’s entitlement to compensation under sub-paragraph (4) above, or as to the amount of compensation, shall be determined under and in accordance with Part I of the <noteRef href="#c1252170" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1961.</content></subparagraph><subparagraph eId="schedule-5-paragraph-1-6"><num>(6)</num><content>Nothing in this paragraph shall affect any liability to pay compensation under section 10(2) of the <noteRef href="#c1252171" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (4) above.</content></subparagraph><subparagraph eId="schedule-5-paragraph-1-7"><num>(7)</num><content>In this paragraph, “<term refersTo="#term-structure" eId="term-structure">structure</term>” includes any erection.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-5-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-5-paragraph-2-1"><num>(1)</num><content>Before giving up possession of land of which possession has been taken under paragraph 1 above, the nominated undertaker shall, in accordance with a scheme agreed with the owners of the land and the relevant planning authority, put the land into such condition as the scheme may provide.</content></subparagraph><subparagraph eId="schedule-5-paragraph-2-2"><num>(2)</num><content>If, in relation to any land of which possession has been taken under paragraph 1 above, no scheme has been agreed for the purposes of this paragraph within 6 months of the date of completion of the work or works specified in relation to the land in column (1) of the table in paragraph 1(1) above, the scheme shall be such as may be determined by the <ins class="first last" ukl:ChangeId="d29p13438" ukl:CommentaryRef="c1252172"><noteRef uk:name="commentary" href="#c1252172" class="commentary"/>Secretary of State</ins> after consultation with the nominated undertaker, the owners of the land and the relevant planning authority.</content></subparagraph><subparagraph eId="schedule-5-paragraph-2-3"><num>(3)</num><content>Unless the owners of the land and the nominated undertaker otherwise agree, a scheme determined under sub-paragraph (2) above shall provide for land to be restored to its former condition.</content></subparagraph><subparagraph eId="schedule-5-paragraph-2-4"><num>(4)</num><content>Unless the nominated undertaker otherwise agrees, a scheme determined under sub-paragraph (2) above shall not provide for the nominated undertaker to replace any structure removed under paragraph 1 above other than a fence.</content></subparagraph><subparagraph eId="schedule-5-paragraph-2-5"><num>(5)</num><content>Where the <ins class="first last" ukl:ChangeId="d29p13460" ukl:CommentaryRef="c1252173"><noteRef uk:name="commentary" href="#c1252173" class="commentary"/>Secretary of State asks</ins> the relevant planning authority for assistance in connection with the carrying out by <ins class="first last" ukl:ChangeId="d29p13464" ukl:CommentaryRef="c1252173"><noteRef uk:name="commentary" href="#c1252173" class="commentary"/>him of his</ins> function under sub-paragraph (2) above, <ins class="first last" ukl:ChangeId="d29p13468" ukl:CommentaryRef="c1252173"><noteRef uk:name="commentary" href="#c1252173" class="commentary"/>he</ins> may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.</content></subparagraph><subparagraph eId="schedule-5-paragraph-2-6"><num>(6)</num><content>The duty under sub-paragraph (1) above in relation to any land shall be owed separately to the owners of the land and to the relevant planning authority.</content></subparagraph><subparagraph eId="schedule-5-paragraph-2-7"><num>(7)</num><intro>Where a scheme for the purposes of this paragraph provides for any step to be taken by the nominated undertaker before a specified date and that step has not been taken before that date, the relevant planning authority may—</intro><level class="para1" eId="schedule-5-paragraph-2-7-a"><num>(a)</num><content>enter the land concerned and take that step, and</content></level><level class="para1" eId="schedule-5-paragraph-2-7-b"><num>(b)</num><content>require the nominated undertaker to reimburse to it any expenses which it reasonably incurs in acting under paragraph (a) above.</content></level></subparagraph><subparagraph eId="schedule-5-paragraph-2-8"><num>(8)</num><content>In this paragraph—<blockList class="unordered none" ukl:Name="UnorderedList" ukl:Decoration="none"><item><noteRef href="#c1252176" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>. . .</item><item>“<term refersTo="#term-relevant-planning-authority" eId="term-relevant-planning-authority">relevant planning authority</term>” means—<blockList class="ordered alpha parens" ukl:Name="OrderedList" ukl:Type="alpha" ukl:Decoration="parens"><item><num>(a)</num>in relation to Greater London, the local planning authority, and</item><item><num>(b)</num>in relation to Essex or Kent, the district planning authority; and</item></blockList></item><item>“<term refersTo="#term-structure" eId="term-structure">structure</term>” includes any erection.</item></blockList></content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-5-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-5-paragraph-3-1"><num>(1)</num><content>Where the power under paragraph 1 above to take possession of land is exercised in relation to any land to which section 4(1) above applies, the relevant powers of compulsory acquisition shall thereupon cease to be exercisable in relation to that land.</content></subparagraph><subparagraph eId="schedule-5-paragraph-3-2"><num>(2)</num><content>Sub-paragraph (1) above shall not apply to compulsory acquisition by virtue of paragraph 8(1) of Schedule 4 to this Act.</content></subparagraph><subparagraph eId="schedule-5-paragraph-3-3"><num>(3)</num><intro>In sub-paragraph (1) above, the reference to the relevant powers of compulsory acquisition is to—</intro><level class="para1" eId="schedule-5-paragraph-3-3-a"><num>(a)</num><content>the power to serve a notice to treat under Part I of the <noteRef href="#c1252177" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, and</content></level><level class="para1" eId="schedule-5-paragraph-3-3-b"><num>(b)</num><content>the power to execute a declaration under section 4 of the <noteRef href="#c1252178" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph 4 of Schedule 4 to this Act.</content></level></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-5-crossheading-occupation-and-use-for-maintenance-of-works"><heading> Occupation and use for maintenance of works</heading><paragraph eId="schedule-5-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-5-paragraph-4-1"><num>(1)</num><intro>At any time during the maintenance period relating to any of the scheduled works, the nominated undertaker may—</intro><level class="para1" eId="schedule-5-paragraph-4-1-a"><num>(a)</num><intro>enter upon and take possession of any land which is—</intro><level class="para2" eId="schedule-5-paragraph-4-1-a-i"><num>(i)</num><content>within 20 metres from that work, and</content></level><level class="para2" eId="schedule-5-paragraph-4-1-a-ii"><num>(ii)</num><content>within the limits of deviation for the scheduled works or the limits of land to be acquired or used,</content></level><wrapUp>if such possession is reasonably required for the purpose of or in connection with maintaining the work or any ancillary works connected with it, and</wrapUp></level><level class="para1" eId="schedule-5-paragraph-4-1-b"><num>(b)</num><content>construct on the land such temporary works (including the provision of means of access) and structures as may be reasonably so required.</content></level></subparagraph><subparagraph eId="schedule-5-paragraph-4-2"><num>(2)</num><intro>Sub-paragraph (1) above shall not authorise the nominated undertaker to take possession of—</intro><level class="para1" eId="schedule-5-paragraph-4-2-a"><num>(a)</num><content>a house,</content></level><level class="para1" eId="schedule-5-paragraph-4-2-b"><num>(b)</num><content>any other structure which is for the time being occupied, or</content></level><level class="para1" eId="schedule-5-paragraph-4-2-c"><num>(c)</num><content>a garden belonging to a house.</content></level></subparagraph><subparagraph eId="schedule-5-paragraph-4-3"><num>(3)</num><content>Not less than 28 days before entering upon and taking possession of land under this paragraph, the nominated undertaker shall give notice to the owners and occupiers of the land of its intention to do so.</content></subparagraph><subparagraph eId="schedule-5-paragraph-4-4"><num>(4)</num><content>The nominated undertaker may only remain in possession of land under this paragraph for so long as may be reasonably required to carry out the maintenance works for which possession of the land was taken.</content></subparagraph><subparagraph eId="schedule-5-paragraph-4-5"><num>(5)</num><content>Before giving up possession of land of which possession has been taken under this paragraph, the nominated undertaker shall restore the land to the reasonable satisfaction of the owners of the land.</content></subparagraph><subparagraph eId="schedule-5-paragraph-4-6"><num>(6)</num><content>The nominated undertaker shall pay compensation to the owners and occupiers of land of which possession is taken under this paragraph for any loss which they may suffer by reason of the exercise in relation to the land of the powers conferred by this paragraph.</content></subparagraph><subparagraph eId="schedule-5-paragraph-4-7"><num>(7)</num><content>Any dispute as to a person’s entitlement to compensation under sub-paragraph (6) above, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the <noteRef href="#c1252180" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1961.</content></subparagraph><subparagraph eId="schedule-5-paragraph-4-8"><num>(8)</num><content>Nothing in this paragraph shall affect any liability to pay compensation under section 10(2) of the <noteRef href="#c1252181" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (6) above.</content></subparagraph><subparagraph eId="schedule-5-paragraph-4-9"><num>(9)</num><intro>In this paragraph—</intro><level class="para1" eId="schedule-5-paragraph-4-9-a"><num>(a)</num><content>“<term refersTo="#term-the-maintenance-period" eId="term-the-maintenance-period">the maintenance period</term>”, in relation to any work, means the period beginning with the date on which the work is completed and ending 5 years after the date on which it is brought into general use,</content></level><level class="para1" eId="schedule-5-paragraph-4-9-b"><num>(b)</num><content>“<term refersTo="#term-structure" eId="term-structure">structure</term>” includes any erection, and</content></level><level class="para1" eId="schedule-5-paragraph-4-9-c"><num>(c)</num><content>any reference to land within a specified distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of any point on the surface below which the work is situated.</content></level></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-5-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-5-paragraph-4-1"><num>(1)</num><intro>At any time during the maintenance period relating to any of the scheduled works, the nominated undertaker may—</intro><level class="para1" eId="schedule-5-paragraph-4-1-a"><num>(a)</num><intro>enter upon and take possession of any land which is—</intro><level class="para2" eId="schedule-5-paragraph-4-1-a-i"><num>(i)</num><content>within 20 metres from that work, and</content></level><level class="para2" eId="schedule-5-paragraph-4-1-a-ii"><num>(ii)</num><content>within the limits of deviation for the scheduled works or the limits of land to be acquired or used,</content></level><wrapUp>if such possession is reasonably required for the purpose of or in connection with maintaining the work or any ancillary works connected with it, and</wrapUp></level><level class="para1" eId="schedule-5-paragraph-4-1-b"><num>(b)</num><content>construct on the land such temporary works (including the provision of means of access) and structures as may be reasonably so required.</content></level></subparagraph><subparagraph eId="schedule-5-paragraph-4-2"><num>(2)</num><intro>Sub-paragraph (1) above shall not authorise the nominated undertaker to take possession of—</intro><level class="para1" eId="schedule-5-paragraph-4-2-a"><num>(a)</num><content>a house,</content></level><level class="para1" eId="schedule-5-paragraph-4-2-b"><num>(b)</num><content>any other structure which is for the time being occupied, or</content></level><level class="para1" eId="schedule-5-paragraph-4-2-c"><num>(c)</num><content>a garden belonging to a house.</content></level></subparagraph><subparagraph eId="schedule-5-paragraph-4-3"><num>(3)</num><content>Not less than 28 days before entering upon and taking possession of land under this paragraph, the nominated undertaker shall give notice to the owners and occupiers of the land of its intention to do so.</content></subparagraph><subparagraph eId="schedule-5-paragraph-4-4"><num>(4)</num><content>The nominated undertaker may only remain in possession of land under this paragraph for so long as may be reasonably required to carry out the maintenance works for which possession of the land was taken.</content></subparagraph><subparagraph eId="schedule-5-paragraph-4-5"><num>(5)</num><content>Before giving up possession of land of which possession has been taken under this paragraph, the nominated undertaker shall restore the land to the reasonable satisfaction of the owners of the land.</content></subparagraph><subparagraph eId="schedule-5-paragraph-4-6"><num>(6)</num><content>The nominated undertaker shall pay compensation to the owners and occupiers of land of which possession is taken under this paragraph for any loss which they may suffer by reason of the exercise in relation to the land of the powers conferred by this paragraph.</content></subparagraph><subparagraph eId="schedule-5-paragraph-4-7"><num>(7)</num><content>Any dispute as to a person’s entitlement to compensation under sub-paragraph (6) above, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the <noteRef href="#c1252180" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1961.</content></subparagraph><subparagraph eId="schedule-5-paragraph-4-8"><num>(8)</num><content>Nothing in this paragraph shall affect any liability to pay compensation under section 10(2) of the <noteRef href="#c1252181" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (6) above.</content></subparagraph><subparagraph eId="schedule-5-paragraph-4-9"><num>(9)</num><intro>In this paragraph—</intro><level class="para1" eId="schedule-5-paragraph-4-9-a"><num>(a)</num><content>“<term refersTo="#term-the-maintenance-period" eId="term-the-maintenance-period">the maintenance period</term>”, in relation to any work, means the period beginning with the date on which the work is completed and ending 5 years after the date on which it is brought into general use,</content></level><level class="para1" eId="schedule-5-paragraph-4-9-b"><num>(b)</num><content>“<term refersTo="#term-structure" eId="term-structure">structure</term>” includes any erection, and</content></level><level class="para1" eId="schedule-5-paragraph-4-9-c"><num>(c)</num><content>any reference to land within a specified distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of any point on the surface below which the work is situated.</content></level></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="schedule-5-crossheading-suspension-of-private-rights-of-way"><heading> Suspension of private rights of way</heading><paragraph eId="schedule-5-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-5-paragraph-5-1"><num>(1)</num><content>All private rights of way over land of which the nominated undertaker takes possession under paragraph 1 or 4 above shall be suspended and unenforceable for as long as it remains in lawful possession of the land.</content></subparagraph><subparagraph eId="schedule-5-paragraph-5-2"><num>(2)</num><content>Any person who suffers loss by the suspension of any right under this paragraph shall be entitled to compensation.</content></subparagraph><subparagraph eId="schedule-5-paragraph-5-3"><num>(3)</num><content>Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 1961.</content></subparagraph></paragraph></hcontainer>

<part xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-6-part-I"><num>Part I</num><heading> Qualifying Authorities</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-I-crossheading-specification"><heading> Specification</heading><paragraph eId="schedule-6-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-6-paragraph-1-1"><num>(1)</num><intro>As soon after the day on which this Act is passed as the Secretary of State considers reasonably practicable, he shall, by order made by statutory instrument, specify every relevant local authority which—</intro><level class="para1" eId="schedule-6-paragraph-1-1-a"><num>(a)</num><content>had, on or before the day on which the Bill for this Act was reported from Select Committee in the House of Lords, given him undertakings with respect to the handling of planning matters arising under this Schedule which he considered satisfactory, and</content></level><level class="para1" eId="schedule-6-paragraph-1-1-b"><num>(b)</num><content>has not subsequently been released from its undertakings.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-1-2"><num>(2)</num><content>Subject to the following provisions of this paragraph, an authority which is specified under sub-paragraph (1) above is a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-1-3"><num>(3)</num><content>The Secretary of State may, if he considers it expedient to do so, by order made by statutory instrument provide that an authority shall cease to be a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-1-4"><num>(4)</num><content>If, in relation to a relevant local authority which is not a qualifying authority for the purposes of this Schedule, the Secretary of State considers that the way in which the authority carries out its functions has been significantly affected by a change of circumstances occurring since the relevant day, he may by order made by statutory instrument provide that the authority shall be a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-1-5"><num>(5)</num><intro>Before making an order under sub-paragraph (3) or (4) above, the Secretary of State shall consult—</intro><level class="para1" eId="schedule-6-paragraph-1-5-a"><num>(a)</num><content>the nominated undertaker, and</content></level><level class="para1" eId="schedule-6-paragraph-1-5-b"><num>(b)</num><content>unless the authority concerned has requested him to make the order, that authority.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-1-6"><num>(6)</num><content>A statutory instrument containing an order under sub-paragraph (3) or (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subparagraph><subparagraph eId="schedule-6-paragraph-1-7"><num>(7)</num><intro>In sub-paragraph (4) above, the reference to the relevant day is—</intro><level class="para1" eId="schedule-6-paragraph-1-7-a"><num>(a)</num><content>in relation to an authority which has never been a qualifying authority for the purposes of this Schedule, to the day mentioned in sub-paragraph (1)(a) above, and</content></level><level class="para1" eId="schedule-6-paragraph-1-7-b"><num>(b)</num><content>in relation to an authority which has been a qualifying authority for the purposes of this Schedule, to the day on which it ceased, or last ceased, to be such an authority.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-1-8"><num>(8)</num><content>For the purposes of this paragraph, a local authority is a relevant local authority if it has functions under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule in relation to the giving of approval.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-I-crossheading-transition"><heading> Transition</heading><paragraph eId="schedule-6-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-6-paragraph-2-1"><num>(1)</num><content>An order under paragraph 1 above may contain such transitional provision and savings as the Secretary of State thinks fit.</content></subparagraph><subparagraph eId="schedule-6-paragraph-2-2"><num>(2)</num><content>Without prejudice to the generality of sub-paragraph (1) above, provision under that sub-paragraph may include provision with respect to the effect, in a case where the nominated undertaker has obtained, or requested, approval under this Schedule, of the authority which granted the approval, or to which the request has been made, ceasing to be, or becoming, a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-2-3"><num>(3)</num><content>The Secretary of State may by agreement fetter the exercise of his discretion under sub-paragraph (1) above.</content></subparagraph></paragraph></hcontainer></part>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-6-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-6-paragraph-1-1"><num>(1)</num><intro>As soon after the day on which this Act is passed as the Secretary of State considers reasonably practicable, he shall, by order made by statutory instrument, specify every relevant local authority which—</intro><level class="para1" eId="schedule-6-paragraph-1-1-a"><num>(a)</num><content>had, on or before the day on which the Bill for this Act was reported from Select Committee in the House of Lords, given him undertakings with respect to the handling of planning matters arising under this Schedule which he considered satisfactory, and</content></level><level class="para1" eId="schedule-6-paragraph-1-1-b"><num>(b)</num><content>has not subsequently been released from its undertakings.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-1-2"><num>(2)</num><content>Subject to the following provisions of this paragraph, an authority which is specified under sub-paragraph (1) above is a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-1-3"><num>(3)</num><content>The Secretary of State may, if he considers it expedient to do so, by order made by statutory instrument provide that an authority shall cease to be a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-1-4"><num>(4)</num><content>If, in relation to a relevant local authority which is not a qualifying authority for the purposes of this Schedule, the Secretary of State considers that the way in which the authority carries out its functions has been significantly affected by a change of circumstances occurring since the relevant day, he may by order made by statutory instrument provide that the authority shall be a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-1-5"><num>(5)</num><intro>Before making an order under sub-paragraph (3) or (4) above, the Secretary of State shall consult—</intro><level class="para1" eId="schedule-6-paragraph-1-5-a"><num>(a)</num><content>the nominated undertaker, and</content></level><level class="para1" eId="schedule-6-paragraph-1-5-b"><num>(b)</num><content>unless the authority concerned has requested him to make the order, that authority.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-1-6"><num>(6)</num><content>A statutory instrument containing an order under sub-paragraph (3) or (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subparagraph><subparagraph eId="schedule-6-paragraph-1-7"><num>(7)</num><intro>In sub-paragraph (4) above, the reference to the relevant day is—</intro><level class="para1" eId="schedule-6-paragraph-1-7-a"><num>(a)</num><content>in relation to an authority which has never been a qualifying authority for the purposes of this Schedule, to the day mentioned in sub-paragraph (1)(a) above, and</content></level><level class="para1" eId="schedule-6-paragraph-1-7-b"><num>(b)</num><content>in relation to an authority which has been a qualifying authority for the purposes of this Schedule, to the day on which it ceased, or last ceased, to be such an authority.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-1-8"><num>(8)</num><content>For the purposes of this paragraph, a local authority is a relevant local authority if it has functions under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule in relation to the giving of approval.</content></subparagraph></paragraph>

<part xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:default="http://www.w3.org/1999/xhtml" eId="schedule-6-part-II"><num>Part II</num><heading> Development in Greater London</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-II-crossheading-introductory"><heading> Introductory</heading><paragraph eId="schedule-6-paragraph-3" class="schProv1"><num>3</num><content>This Part of this Schedule has effect in relation to development in Greater London.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-II-crossheading-planning-regimes"><heading> Planning regimes</heading><paragraph eId="schedule-6-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-6-paragraph-4-1"><num>(1)</num><content>The requirement set out in paragraph 5 below shall be a condition of the deemed planning permission, so far as relating to relevant development in the area of a London borough council which is not a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-4-2"><num>(2)</num><intro>For the purposes of sub-paragraph (1) above, development is relevant development to the extent that it consists of or includes—</intro><level class="para1" eId="schedule-6-paragraph-4-2-a"><num>(a)</num><content>the erection, construction, alteration or extension of any building, or</content></level><level class="para1" eId="schedule-6-paragraph-4-2-b"><num>(b)</num><content>the formation, laying out or alteration of any means of access to any highway used by vehicular traffic.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-4-3"><num>(3)</num><content>The requirements set out in paragraphs 6 to 10 below shall be conditions of the deemed planning permission, so far as relating to development in the area of a London borough council which is a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-4-4"><num>(4)</num><content>The requirements set out in paragraph 11 below shall be conditions of the deemed planning permission so far as relating to development in the area of any London borough council.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-II-crossheading-conditions-nonqualifying-authority"><heading> Conditions: non-qualifying authority</heading><paragraph eId="schedule-6-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-6-paragraph-5-1"><num>(1)</num><content>Development shall be carried out in accordance with plans and specifications for the time being approved by the local planning authority at the request of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-5-2"><num>(2)</num><content>The local planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.</content></subparagraph><subparagraph eId="schedule-6-paragraph-5-3"><num>(3)</num><content>Where the local planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.</content></subparagraph><subparagraph eId="schedule-6-paragraph-5-4"><num>(4)</num><intro>The only ground on which the local planning authority may refuse to approve plans or specifications for the purposes of this paragraph is—</intro><level class="para1" eId="schedule-6-paragraph-5-4-a"><num>(a)</num><content>that the development to which they relate ought to, and could reasonably, be carried out elsewhere on land within the relevant limits, or</content></level><level class="para1" eId="schedule-6-paragraph-5-4-b"><num>(b)</num><content>that the design or external appearance of any building to which they relate ought to be modified to preserve the local environment or local amenity and is reasonably capable of being so modified.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-5-5"><num>(5)</num><content>The ground mentioned in sub-paragraph (4)(a) above shall not apply in relation to development consisting of the provision of, or the carrying out of works to, a dam.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-II-crossheading-conditions-qualifying-authority"><heading> Conditions: qualifying authority</heading><paragraph eId="schedule-6-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-6-paragraph-6-1"><num>(1)</num><content>To the extent that development consists of any operation or work mentioned in the left-hand column of the table in sub-paragraph (4) below, it shall be carried out in accordance with plans and specifications for the time being approved by the local planning authority at the request of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-6-2"><num>(2)</num><content>The local planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.</content></subparagraph><subparagraph eId="schedule-6-paragraph-6-3"><num>(3)</num><content>Where the local planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.</content></subparagraph><subparagraph eId="schedule-6-paragraph-6-4"><num>(4)</num><content>The only ground on which the local planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in the following table is a ground specified in relation to it in the right-hand column of that table.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Operation or work</default:th><default:th>Grounds</default:th></default:tr><default:tr><default:td>1.Construction works<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) The erection, construction, alteration or extension of any building (except for anything within (b) or (c) below or item 2 or 6) or road vehicle park.</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) The construction, alteration or extension of any terracing, cuttings, embankments or other earth works.</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) The erection, construction, alteration or extension of any fences, walls or other barriers (including bunds) for visual or noise screening or dust suppression.</blockContainer></default:td><default:td>That the design or external appearance of the works ought to be modified—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment or local amenity,</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) to preserve a site of archaeological or historic interest or nature conservation value,</blockContainer>and is reasonably capable of being so modified.That the development ought to, and could reasonably, be carried out elsewhere within the limits of the land on which the works of which it forms part may be carried out under this Part of this Act.</default:td></default:tr><default:tr><default:td>2.Minor construction works The erection, construction, alteration or extension of any transformers, <ins class="substitution first last" ukl:ChangeId="key-11272365e2b04ef2abe8442281955b31-1479040635036" ukl:CommentaryRef="key-11272365e2b04ef2abe8442281955b31"><noteRef uk:name="commentary" href="#key-11272365e2b04ef2abe8442281955b31" class="commentary"/>electronic communications masts</ins> or pedestrian accesses to the railway line.</default:td><default:td>That the design or external appearance of the works ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td/><default:td>That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.</default:td></default:tr><default:tr><default:td>3.Fences and walls The erection, construction, alteration or extension of any fences or walls (except for anything within item 1(c) above).</default:td><default:td>That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.</default:td></default:tr><default:tr><default:td>4.Highway access The formation, laying out or alteration of any means of access to a highway used, or proposed highway proposed to be used, by vehicular traffic.</default:td><default:td>That the development ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and is reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>5.Gantries and overhead line supports The erection or construction of any gantries or overhead line supports for so much of any railway comprised in Work <abbr title="Number">No.</abbr> 1 as lies between the northern end of the roof over <abbr title="Saint">St.</abbr> Pancras station, as it is at the time of erection or construction, and the northern abutment of the existing bridge over the Regent’s Canal.</default:td><default:td>That the design or external appearance of the work ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>6.Artificial lighting The erection, construction or installation of lighting equipment.</default:td><default:td>That the design of the equipment, with respect to the emission of light, ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td/><default:td>That the development ought to, and could reasonably, be carried out elsewhere within the limits of land on which the works of which it forms part may be carried out under this Part of this Act.</default:td></default:tr><default:tr><default:td>7.Waste and spoil disposal The disposal of waste or spoil.</default:td><default:td>That—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) the design or external appearance of disposal sites on land within the relevant limits,</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) the methods by which such sites are worked, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) the noise, dust, vibration or screening arrangements during the operation of such sites,</blockContainer>ought to be modified and are reasonably capable of being modified.That—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment or local amenity,</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) to preserve a site of archaeological or historic interest or nature conservation value,</blockContainer>the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.</default:td></default:tr><default:tr><default:td>8.Borrow pits The excavation of bulk materials from borrow pits.</default:td><default:td>That—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) the design or external appearance of borrow pits on land within the relevant limits,</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) the methods by which such pits are worked, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) the noise, dust, vibration or screening arrangements during the operation of such pits,</blockContainer>ought to be modified and are reasonably capable of being modified.That—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment or local amenity,</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) to preserve a site of archaeological or historic interest or nature conservation value,</blockContainer>the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-6-paragraph-7-1"><num>(1)</num><content>Development shall be carried out in accordance with arrangements approved by the local planning authority at the request of the nominated undertaker with respect to the matters mentioned in the left-hand column of the table in sub-paragraph (2) below.</content></subparagraph><subparagraph eId="schedule-6-paragraph-7-2"><num>(2)</num><intro>The only ground on which the local planning authority may refuse to approve for the purposes of this paragraph arrangements with respect to a matter mentioned in the following table is—</intro><level class="para1" eId="schedule-6-paragraph-7-2-a"><num>(a)</num><content>that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or</content></level><level class="para1" eId="schedule-6-paragraph-7-2-b"><num>(b)</num><content>the ground specified in relation to the matter in the right-hand column of the table.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Matters</default:th><default:th>Grounds</default:th></default:tr><default:tr><default:td>1.Road transport Means and routes by which anything is to be transported on a highway by large goods vehicle to a working or storage site, a site where it will be re-used or a waste disposal site.</default:td><default:td>That the arrangements ought to be modified—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,</blockContainer>and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>2.Handling of re-useable spoil and top soil Handling during removal, storage and re-use of any spoil or top soil removed during the course of carrying out the development.</default:td><default:td>That the arrangements ought to be modified to ensure that the spoil or top soil remain in good condition and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>3.Storage sites Sites on land within the relevant limits at which—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) minerals, aggregates or other construction materials required for the development, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) spoil or top soil,</blockContainer>are to be stored until used or re-used in carrying out the development or disposed of as waste.</default:td><default:td>That the arrangements ought to be modified—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,</blockContainer>and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>4.Construction camps Sites on land within the relevant limits which are to be used for the residential accommodation of persons engaged in carrying out the development.</default:td><default:td>As item 3.</default:td></default:tr><default:tr><default:td>5.Screening Provision where necessary on land within the relevant limits of any screening for working sites on such land required for the purpose of carrying out the development.</default:td><default:td>As item 3.</default:td></default:tr><default:tr><default:td>6.Hours of working The hours and days of the week during which work on the development on land within the relevant limits is to be carried out.</default:td><default:td>That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>7.Artificial lighting The use of artificial lighting on land within the relevant limits for the purpose of carrying out the development.</default:td><default:td>As item 6.</default:td></default:tr><default:tr><default:td>8.Suppression of noise, dust and vibration The suppression of noise, dust and vibration caused by construction operations carried on on land within the relevant limits for the purpose of carrying out the development.</default:td><default:td>As item 6.</default:td></default:tr><default:tr><default:td>9.Mud on highway Measures to be taken on land within the relevant limits to prevent mud being carried onto any public highway as a result of carrying on the development.</default:td><default:td>That the arrangements ought to be modified—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment or local amenity, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,</blockContainer>and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>10.Highway access The formation, laying out or alteration of any means of access to any highway used, or proposed highway proposed to be used, on a temporary basis by vehicular traffic to serve a construction site or camp.</default:td><default:td>That the arrangements ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and are reasonably capable of being so modified.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></level></subparagraph><subparagraph eId="schedule-6-paragraph-7-3"><num>(3)</num><content>The local planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-7-4"><num>(4)</num><content>In this paragraph, “<term refersTo="#term-large-goods-vehicle" eId="term-large-goods-vehicle">large goods vehicle</term>” has the same meaning as in Part IV of the <noteRef href="#c1252183" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Road Traffic Act 1988.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-6-paragraph-8-1"><num>(1)</num><intro>To the extent that development consists of—</intro><level class="para1" eId="schedule-6-paragraph-8-1-a"><num>(a)</num><content>the disposal of waste or spoil, or</content></level><level class="para1" eId="schedule-6-paragraph-8-1-b"><num>(b)</num><content>the excavation of bulk materials from borrow pits,</content></level><wrapUp>it shall not be begun unless the local planning authority has, at the request of the nominated undertaker, approved a scheme for the restoration of the land on which the development is to be carried out.</wrapUp></subparagraph><subparagraph eId="schedule-6-paragraph-8-2"><num>(2)</num><content>The only ground on which the local planning authority may refuse to approve, or impose conditions on the approval of, a scheme for the purposes of this paragraph is that the scheme ought to be modified and is reasonably capable of being modified.</content></subparagraph><subparagraph eId="schedule-6-paragraph-8-3"><num>(3)</num><content>The nominated undertaker shall carry out a scheme approved for the purposes of this paragraph once it has completed its use of the land to which the scheme relates for the purpose of carrying out development of a kind to which sub-paragraph (1) above applies.</content></subparagraph><subparagraph eId="schedule-6-paragraph-8-4"><num>(4)</num><content>In sub-paragraph (1) above, the reference to restoration includes a reference to restoration in the longer term; and, accordingly, a scheme for the restoration of land may include provision about aftercare.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-6-paragraph-9-1"><num>(1)</num><content>No work to which this paragraph applies shall be brought into use without the approval of the local planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-9-2"><num>(2)</num><intro>The works to which this paragraph applies are—</intro><level class="para1" eId="schedule-6-paragraph-9-2-a"><num>(a)</num><content>any scheduled work,</content></level><level class="para1" eId="schedule-6-paragraph-9-2-b"><num>(b)</num><content>any station constructed in exercise of the powers conferred by this Part of this Act, and</content></level><level class="para1" eId="schedule-6-paragraph-9-2-c"><num>(c)</num><content>any depot constructed in exercise of those powers for use for or in connection with the maintenance of railway vehicles or track, whether or not constructed for use also for other purposes.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-9-3"><num>(3)</num><intro>The local planning authority shall, at the request of the nominated undertaker, grant approval for the purposes of sub-paragraph (1) above if—</intro><level class="para1" eId="schedule-6-paragraph-9-3-a"><num>(a)</num><content>it considers that there are no reasonably practicable measures which need to be taken for the purpose of mitigating the effect of the work or its operation on the local environment or local amenity, or</content></level><level class="para1" eId="schedule-6-paragraph-9-3-b"><num>(b)</num><content>it has approved, at the request of the nominated undertaker, a scheme consisting of provision with respect to the taking of measures for that purpose.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-9-4"><num>(4)</num><intro>The local planning authority shall not refuse to approve, nor impose conditions on the approval of, a scheme submitted for the purposes of sub-paragraph (3)(b) above unless it is satisfied that it is expedient to do so on the ground that the scheme ought to be modified—</intro><level class="para1" eId="schedule-6-paragraph-9-4-a"><num>(a)</num><content>to preserve the local environment or local amenity,</content></level><level class="para1" eId="schedule-6-paragraph-9-4-b"><num>(b)</num><content>to preserve a site of archaeological or historic interest, or</content></level><level class="para1" eId="schedule-6-paragraph-9-4-c"><num>(c)</num><content>in the interests of nature conservation,</content></level><wrapUp>and that the scheme is reasonably capable of being so modified.</wrapUp></subparagraph><subparagraph eId="schedule-6-paragraph-9-5"><num>(5)</num><content>In this paragraph, “<term refersTo="#term-railway-vehicle" eId="term-railway-vehicle">railway vehicle</term>” and “<term refersTo="#term-track" eId="term-track">track</term>” have the same meanings as in Part I of the <noteRef href="#c1252184" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Act 1993.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-10" class="schProv1"><num>10</num><intro>—Where the local planning authority approves a scheme for the purposes of paragraph 9(3)(b) above, the nominated undertaker shall be required—</intro><level class="para1" eId="schedule-6-paragraph-10-a"><num>(a)</num><content>to carry out the scheme, and</content></level><level class="para1" eId="schedule-6-paragraph-10-b"><num>(b)</num><content>to comply with any condition subject to which the scheme is approved.</content></level></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-II-crossheading-conditions-general"><heading> Conditions: general</heading><paragraph eId="schedule-6-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-6-paragraph-11-1"><num>(1)</num><content>Where development consists of or includes the carrying out on any site of operations ancillary to the construction of any of the scheduled works, those operations shall be discontinued as soon as reasonably practicable after the completion of the relevant scheduled work or works.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-2"><num>(2)</num><content>The nominated undertaker shall, following discontinuation of the use of any site for carrying out operations ancillary to the construction of any of the scheduled works, restore the site in accordance with a scheme agreed with the local planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-3"><num>(3)</num><content>If, in relation to a site used for carrying out operations ancillary to the construction of any of the scheduled works, no scheme has been agreed for the purposes of sub-paragraph (2) above within 6 months of the completion of the relevant scheduled work or works, the scheme shall be such as the <ins class="first last" ukl:ChangeId="d29p14571" ukl:CommentaryRef="c1252185"><noteRef uk:name="commentary" href="#c1252185" class="commentary"/>Secretary of State</ins> may determine after consultation with the nominated undertaker and the local planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-4"><num>(4)</num><content>Where, independently of any consultation under sub-paragraph (3) above, the <ins class="first last" ukl:ChangeId="d29p14581" ukl:CommentaryRef="c1252186"><noteRef uk:name="commentary" href="#c1252186" class="commentary"/>Secretary of State asks</ins> the local planning authority for assistance in connection with the carrying out by <ins class="first last" ukl:ChangeId="d29p14585" ukl:CommentaryRef="c1252186"><noteRef uk:name="commentary" href="#c1252186" class="commentary"/>him of his</ins> function under sub-paragraph (3) above, <ins class="first last" ukl:ChangeId="d29p14589" ukl:CommentaryRef="c1252186"><noteRef uk:name="commentary" href="#c1252186" class="commentary"/>he</ins> may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-5"><num>(5)</num><content>Sub-paragraph (2) above shall not apply to a site to the extent that it consists of land to which a scheme under paragraph 8 above applies.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-6"><num>(6)</num><content>Sub-paragraph (2) above shall not apply where the site is one in relation to which the nominated undertaker is subject to an obligation under paragraph 2(1) of Schedule 5 above.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-7"><num>(7)</num><content>In this paragraph, references to the relevant scheduled work or works, in relation to any site, are to the scheduled work or works to which the operations carried out on that site were ancillary.</content></subparagraph></paragraph></hcontainer></part>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-II-crossheading-conditions-nonqualifying-authority"><heading> Conditions: non-qualifying authority</heading><paragraph eId="schedule-6-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-6-paragraph-5-1"><num>(1)</num><content>Development shall be carried out in accordance with plans and specifications for the time being approved by the local planning authority at the request of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-5-2"><num>(2)</num><content>The local planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.</content></subparagraph><subparagraph eId="schedule-6-paragraph-5-3"><num>(3)</num><content>Where the local planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.</content></subparagraph><subparagraph eId="schedule-6-paragraph-5-4"><num>(4)</num><intro>The only ground on which the local planning authority may refuse to approve plans or specifications for the purposes of this paragraph is—</intro><level class="para1" eId="schedule-6-paragraph-5-4-a"><num>(a)</num><content>that the development to which they relate ought to, and could reasonably, be carried out elsewhere on land within the relevant limits, or</content></level><level class="para1" eId="schedule-6-paragraph-5-4-b"><num>(b)</num><content>that the design or external appearance of any building to which they relate ought to be modified to preserve the local environment or local amenity and is reasonably capable of being so modified.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-5-5"><num>(5)</num><content>The ground mentioned in sub-paragraph (4)(a) above shall not apply in relation to development consisting of the provision of, or the carrying out of works to, a dam.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-6-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-6-paragraph-5-1"><num>(1)</num><content>Development shall be carried out in accordance with plans and specifications for the time being approved by the local planning authority at the request of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-5-2"><num>(2)</num><content>The local planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.</content></subparagraph><subparagraph eId="schedule-6-paragraph-5-3"><num>(3)</num><content>Where the local planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.</content></subparagraph><subparagraph eId="schedule-6-paragraph-5-4"><num>(4)</num><intro>The only ground on which the local planning authority may refuse to approve plans or specifications for the purposes of this paragraph is—</intro><level class="para1" eId="schedule-6-paragraph-5-4-a"><num>(a)</num><content>that the development to which they relate ought to, and could reasonably, be carried out elsewhere on land within the relevant limits, or</content></level><level class="para1" eId="schedule-6-paragraph-5-4-b"><num>(b)</num><content>that the design or external appearance of any building to which they relate ought to be modified to preserve the local environment or local amenity and is reasonably capable of being so modified.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-5-5"><num>(5)</num><content>The ground mentioned in sub-paragraph (4)(a) above shall not apply in relation to development consisting of the provision of, or the carrying out of works to, a dam.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-6-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-6-paragraph-8-1"><num>(1)</num><intro>To the extent that development consists of—</intro><level class="para1" eId="schedule-6-paragraph-8-1-a"><num>(a)</num><content>the disposal of waste or spoil, or</content></level><level class="para1" eId="schedule-6-paragraph-8-1-b"><num>(b)</num><content>the excavation of bulk materials from borrow pits,</content></level><wrapUp>it shall not be begun unless the local planning authority has, at the request of the nominated undertaker, approved a scheme for the restoration of the land on which the development is to be carried out.</wrapUp></subparagraph><subparagraph eId="schedule-6-paragraph-8-2"><num>(2)</num><content>The only ground on which the local planning authority may refuse to approve, or impose conditions on the approval of, a scheme for the purposes of this paragraph is that the scheme ought to be modified and is reasonably capable of being modified.</content></subparagraph><subparagraph eId="schedule-6-paragraph-8-3"><num>(3)</num><content>The nominated undertaker shall carry out a scheme approved for the purposes of this paragraph once it has completed its use of the land to which the scheme relates for the purpose of carrying out development of a kind to which sub-paragraph (1) above applies.</content></subparagraph><subparagraph eId="schedule-6-paragraph-8-4"><num>(4)</num><content>In sub-paragraph (1) above, the reference to restoration includes a reference to restoration in the longer term; and, accordingly, a scheme for the restoration of land may include provision about aftercare.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-6-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-6-paragraph-9-1"><num>(1)</num><content>No work to which this paragraph applies shall be brought into use without the approval of the local planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-9-2"><num>(2)</num><intro>The works to which this paragraph applies are—</intro><level class="para1" eId="schedule-6-paragraph-9-2-a"><num>(a)</num><content>any scheduled work,</content></level><level class="para1" eId="schedule-6-paragraph-9-2-b"><num>(b)</num><content>any station constructed in exercise of the powers conferred by this Part of this Act, and</content></level><level class="para1" eId="schedule-6-paragraph-9-2-c"><num>(c)</num><content>any depot constructed in exercise of those powers for use for or in connection with the maintenance of railway vehicles or track, whether or not constructed for use also for other purposes.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-9-3"><num>(3)</num><intro>The local planning authority shall, at the request of the nominated undertaker, grant approval for the purposes of sub-paragraph (1) above if—</intro><level class="para1" eId="schedule-6-paragraph-9-3-a"><num>(a)</num><content>it considers that there are no reasonably practicable measures which need to be taken for the purpose of mitigating the effect of the work or its operation on the local environment or local amenity, or</content></level><level class="para1" eId="schedule-6-paragraph-9-3-b"><num>(b)</num><content>it has approved, at the request of the nominated undertaker, a scheme consisting of provision with respect to the taking of measures for that purpose.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-9-4"><num>(4)</num><intro>The local planning authority shall not refuse to approve, nor impose conditions on the approval of, a scheme submitted for the purposes of sub-paragraph (3)(b) above unless it is satisfied that it is expedient to do so on the ground that the scheme ought to be modified—</intro><level class="para1" eId="schedule-6-paragraph-9-4-a"><num>(a)</num><content>to preserve the local environment or local amenity,</content></level><level class="para1" eId="schedule-6-paragraph-9-4-b"><num>(b)</num><content>to preserve a site of archaeological or historic interest, or</content></level><level class="para1" eId="schedule-6-paragraph-9-4-c"><num>(c)</num><content>in the interests of nature conservation,</content></level><wrapUp>and that the scheme is reasonably capable of being so modified.</wrapUp></subparagraph><subparagraph eId="schedule-6-paragraph-9-5"><num>(5)</num><content>In this paragraph, “<term refersTo="#term-railway-vehicle" eId="term-railway-vehicle">railway vehicle</term>” and “<term refersTo="#term-track" eId="term-track">track</term>” have the same meanings as in Part I of the <noteRef href="#c1252184" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Act 1993.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-6-paragraph-10" class="schProv1"><num>10</num><intro>—Where the local planning authority approves a scheme for the purposes of paragraph 9(3)(b) above, the nominated undertaker shall be required—</intro><level class="para1" eId="schedule-6-paragraph-10-a"><num>(a)</num><content>to carry out the scheme, and</content></level><level class="para1" eId="schedule-6-paragraph-10-b"><num>(b)</num><content>to comply with any condition subject to which the scheme is approved.</content></level></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-II-crossheading-conditions-general"><heading> Conditions: general</heading><paragraph eId="schedule-6-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-6-paragraph-11-1"><num>(1)</num><content>Where development consists of or includes the carrying out on any site of operations ancillary to the construction of any of the scheduled works, those operations shall be discontinued as soon as reasonably practicable after the completion of the relevant scheduled work or works.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-2"><num>(2)</num><content>The nominated undertaker shall, following discontinuation of the use of any site for carrying out operations ancillary to the construction of any of the scheduled works, restore the site in accordance with a scheme agreed with the local planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-3"><num>(3)</num><content>If, in relation to a site used for carrying out operations ancillary to the construction of any of the scheduled works, no scheme has been agreed for the purposes of sub-paragraph (2) above within 6 months of the completion of the relevant scheduled work or works, the scheme shall be such as the <ins class="first last" ukl:ChangeId="d29p14571" ukl:CommentaryRef="c1252185"><noteRef uk:name="commentary" href="#c1252185" class="commentary"/>Secretary of State</ins> may determine after consultation with the nominated undertaker and the local planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-4"><num>(4)</num><content>Where, independently of any consultation under sub-paragraph (3) above, the <ins class="first last" ukl:ChangeId="d29p14581" ukl:CommentaryRef="c1252186"><noteRef uk:name="commentary" href="#c1252186" class="commentary"/>Secretary of State asks</ins> the local planning authority for assistance in connection with the carrying out by <ins class="first last" ukl:ChangeId="d29p14585" ukl:CommentaryRef="c1252186"><noteRef uk:name="commentary" href="#c1252186" class="commentary"/>him of his</ins> function under sub-paragraph (3) above, <ins class="first last" ukl:ChangeId="d29p14589" ukl:CommentaryRef="c1252186"><noteRef uk:name="commentary" href="#c1252186" class="commentary"/>he</ins> may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-5"><num>(5)</num><content>Sub-paragraph (2) above shall not apply to a site to the extent that it consists of land to which a scheme under paragraph 8 above applies.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-6"><num>(6)</num><content>Sub-paragraph (2) above shall not apply where the site is one in relation to which the nominated undertaker is subject to an obligation under paragraph 2(1) of Schedule 5 above.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-7"><num>(7)</num><content>In this paragraph, references to the relevant scheduled work or works, in relation to any site, are to the scheduled work or works to which the operations carried out on that site were ancillary.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-6-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-6-paragraph-11-1"><num>(1)</num><content>Where development consists of or includes the carrying out on any site of operations ancillary to the construction of any of the scheduled works, those operations shall be discontinued as soon as reasonably practicable after the completion of the relevant scheduled work or works.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-2"><num>(2)</num><content>The nominated undertaker shall, following discontinuation of the use of any site for carrying out operations ancillary to the construction of any of the scheduled works, restore the site in accordance with a scheme agreed with the local planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-3"><num>(3)</num><content>If, in relation to a site used for carrying out operations ancillary to the construction of any of the scheduled works, no scheme has been agreed for the purposes of sub-paragraph (2) above within 6 months of the completion of the relevant scheduled work or works, the scheme shall be such as the <ins class="first last" ukl:ChangeId="d29p14571" ukl:CommentaryRef="c1252185"><noteRef uk:name="commentary" href="#c1252185" class="commentary"/>Secretary of State</ins> may determine after consultation with the nominated undertaker and the local planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-4"><num>(4)</num><content>Where, independently of any consultation under sub-paragraph (3) above, the <ins class="first last" ukl:ChangeId="d29p14581" ukl:CommentaryRef="c1252186"><noteRef uk:name="commentary" href="#c1252186" class="commentary"/>Secretary of State asks</ins> the local planning authority for assistance in connection with the carrying out by <ins class="first last" ukl:ChangeId="d29p14585" ukl:CommentaryRef="c1252186"><noteRef uk:name="commentary" href="#c1252186" class="commentary"/>him of his</ins> function under sub-paragraph (3) above, <ins class="first last" ukl:ChangeId="d29p14589" ukl:CommentaryRef="c1252186"><noteRef uk:name="commentary" href="#c1252186" class="commentary"/>he</ins> may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-5"><num>(5)</num><content>Sub-paragraph (2) above shall not apply to a site to the extent that it consists of land to which a scheme under paragraph 8 above applies.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-6"><num>(6)</num><content>Sub-paragraph (2) above shall not apply where the site is one in relation to which the nominated undertaker is subject to an obligation under paragraph 2(1) of Schedule 5 above.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-7"><num>(7)</num><content>In this paragraph, references to the relevant scheduled work or works, in relation to any site, are to the scheduled work or works to which the operations carried out on that site were ancillary.</content></subparagraph></paragraph>

<part xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:default="http://www.w3.org/1999/xhtml" eId="schedule-6-part-III"><num>Part III</num><heading> Development in Essex or Kent</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-III-crossheading-introductory"><heading> Introductory</heading><paragraph eId="schedule-6-paragraph-12" class="schProv1"><num>12</num><content>This Part of this Schedule has effect in relation to development in Essex or Kent.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-III-crossheading-planning-regimes-district-councils"><heading> Planning regimes: district councils</heading><paragraph eId="schedule-6-paragraph-13" class="schProv1"><num>13</num><subparagraph eId="schedule-6-paragraph-13-1"><num>(1)</num><content>The requirement set out in paragraph 14 below shall be a condition of the deemed planning permission, so far as relating to relevant development in the area of a district council which is not a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-13-2"><num>(2)</num><intro>For the purposes of sub-paragraph (1) above, development is relevant development to the extent that it consists of or includes—</intro><level class="para1" eId="schedule-6-paragraph-13-2-a"><num>(a)</num><content>the erection, construction, alteration or extension of any building, or</content></level><level class="para1" eId="schedule-6-paragraph-13-2-b"><num>(b)</num><content>the formation, laying out or alteration, otherwise than in connection with an excepted matter, of any means of access to any highway used by vehicular traffic.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-13-3"><num>(3)</num><content>The requirements set out in paragraphs 15 and 16 below shall be conditions of the deemed planning permission, so far as relating to development, other than excepted development, in the area of a district council which is a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-13-4"><num>(4)</num><intro>For the purposes of sub-paragraph (3) above, excepted development is development consisting of—</intro><level class="para1" eId="schedule-6-paragraph-13-4-a"><num>(a)</num><content>the formation, laying out or alteration, in connection with an excepted matter, of any means of access to any highway used by vehicular traffic,</content></level><level class="para1" eId="schedule-6-paragraph-13-4-b"><num>(b)</num><content>the disposal of waste or spoil, or</content></level><level class="para1" eId="schedule-6-paragraph-13-4-c"><num>(c)</num><content>the excavation of bulk materials from borrow pits.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-13-5"><num>(5)</num><content>The requirements set out in paragraphs 17 and 18 below shall be conditions of the deemed planning permission, so far as relating to development in the area of a district council which is a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-13-6"><num>(6)</num><content>The requirements set out in paragraph 19 below shall be conditions of the deemed planning permission, so far as relating to development in the area of any district council.</content></subparagraph><subparagraph eId="schedule-6-paragraph-13-7"><num>(7)</num><intro>For the purposes of this paragraph, the following are excepted matters—</intro><level class="para1" eId="schedule-6-paragraph-13-7-a"><num>(a)</num><content>the transport of minerals,</content></level><level class="para1" eId="schedule-6-paragraph-13-7-b"><num>(b)</num><content>the transport of surplus spoil or top soil,</content></level><level class="para1" eId="schedule-6-paragraph-13-7-c"><num>(c)</num><content>the disposal of waste or spoil, and</content></level><level class="para1" eId="schedule-6-paragraph-13-7-d"><num>(d)</num><content>the excavation of bulk materials from borrow pits.</content></level></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-III-crossheading-district-conditions-nonqualifying-authority"><heading> District conditions: non-qualifying authority</heading><paragraph eId="schedule-6-paragraph-14" class="schProv1"><num>14</num><subparagraph eId="schedule-6-paragraph-14-1"><num>(1)</num><content>Development shall be carried out in accordance with plans and specifications for the time being approved by the district planning authority at the request of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-14-2"><num>(2)</num><content>The district planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.</content></subparagraph><subparagraph eId="schedule-6-paragraph-14-3"><num>(3)</num><content>Where the district planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.</content></subparagraph><subparagraph eId="schedule-6-paragraph-14-4"><num>(4)</num><intro>The only ground on which the district planning authority may refuse to approve plans or specifications for the purposes of this paragraph is—</intro><level class="para1" eId="schedule-6-paragraph-14-4-a"><num>(a)</num><content>that the development to which they relate ought to, and could reasonably, be carried out elsewhere on land within the relevant limits, or</content></level><level class="para1" eId="schedule-6-paragraph-14-4-b"><num>(b)</num><content>that the design or external appearance of any building to which they relate ought to be modified to preserve the local environment or local amenity and is reasonably capable of being so modified.</content></level></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-III-crossheading-district-conditions-qualifying-authority"><heading> District conditions: qualifying authority</heading><paragraph eId="schedule-6-paragraph-15" class="schProv1"><num>15</num><hcontainer name="wrapper1"><subparagraph eId="schedule-6-paragraph-15-1"><num>(1)</num><content>To the extent that development consists of any operation or work mentioned in the left-hand column of the table in sub-paragraph (4) below, it shall be carried out in accordance with plans and specifications for the time being approved by the district planning authority at the request of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-15-2"><num>(2)</num><content>The district planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.</content></subparagraph><subparagraph eId="schedule-6-paragraph-15-3"><num>(3)</num><content>Where the district planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.</content></subparagraph><subparagraph eId="schedule-6-paragraph-15-4"><num>(4)</num><content>The only ground on which the district planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in the following table is a ground specified in relation to it in the right-hand column of that table.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Operation or work</default:th><default:th>Grounds</default:th></default:tr><default:tr><default:td>1.Construction works<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) The erection, construction, alteration or extension of any building (except for anything within (b) or (c) below or item 2 or 6) or road vehicle park.</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) The construction, alteration or extension of any terracing, cuttings, embankments or other earth works.</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) The erection, construction, alteration or extension of any fences, walls or other barriers (including bunds) for visual or noise screening or dust suppression.</blockContainer></default:td><default:td>That the design or external appearance of the works ought to be modified—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment or local amenity,</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) to preserve a site of archaeological or historic interest or nature conservation value,</blockContainer>and is reasonably capable of being so modified.That the development ought to, and could reasonably, be carried out elsewhere within the limits of the land on which the works of which it forms part may be carried out under this Part of this Act.</default:td></default:tr><default:tr><default:td>2.Minor construction works The erection, construction, alteration or extension of any transformers, <ins class="substitution first last" ukl:ChangeId="key-206b7a470c3448718f65ce087935b972-1479039242240" ukl:CommentaryRef="key-206b7a470c3448718f65ce087935b972"><noteRef uk:name="commentary" href="#key-206b7a470c3448718f65ce087935b972" class="commentary"/>electronic communications masts</ins> or pedestrian accesses to the railway line.</default:td><default:td>That the design or external appearance of the works ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td/><default:td>That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.</default:td></default:tr><default:tr><default:td>3.Fences and walls The erection, construction, alteration or extension of any fences or walls (except for anything within item 1(c) above).</default:td><default:td>That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.</default:td></default:tr><default:tr><default:td>4.Highway access The formation, laying out or alteration of any means of access to a highway used, or proposed highway proposed to be used, by vehicular traffic.</default:td><default:td>That the development ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and is reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>5.Gantries and overhead line supports The erection or construction of any gantries or overhead line supports for so much of the railway comprised in Work <abbr title="Number">No.</abbr> 13 as lies between 1,000 and 2,400 metres from its western end.</default:td><default:td>That the design or external appearance of the work ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>6.Artificial lighting The erection, construction or installation of lighting equipment.</default:td><default:td>That the design of the equipment, with respect to the emission of light, ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td/><default:td>That the development ought to, and could reasonably be, carried out elsewhere within the limits of land on which the works of which it forms part may be carried out under this Part of this Act.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></subparagraph></hcontainer><hcontainer name="wrapper1"><content> Note: 1. In the case of items 1(b) and (c) and 6, the second of the grounds specified does not apply in relation to development which forms part of a scheduled work.</content></hcontainer><hcontainer name="wrapper1"><content>2.Any reference in the left-hand column of the table to a description of works does not include works of that description of a temporary nature.</content></hcontainer><hcontainer name="wrapper1"><subparagraph eId="schedule-6-paragraph-15-5"><num>(5)</num><content>Sub-paragraph (4) above shall apply in relation to the imposition of conditions on approval as it applies in relation to the refusal of approval.</content></subparagraph></hcontainer></paragraph><paragraph eId="schedule-6-paragraph-16" class="schProv1"><num>16</num><subparagraph eId="schedule-6-paragraph-16-1"><num>(1)</num><content>Development shall be carried out in accordance with arrangements approved by the district planning authority at the request of the nominated undertaker with respect to the matters mentioned in the left-hand column of the table in sub-paragraph (2) below.</content></subparagraph><subparagraph eId="schedule-6-paragraph-16-2"><num>(2)</num><intro>The only ground on which the district planning authority may refuse to approve for the purposes of this paragraph arrangements with respect to a matter mentioned in the following table is—</intro><level class="para1" eId="schedule-6-paragraph-16-2-a"><num>(a)</num><content>that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or</content></level><level class="para1" eId="schedule-6-paragraph-16-2-b"><num>(b)</num><content>the ground specified in relation to the matter in the right-hand column of the table.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Matters</default:th><default:th>Grounds</default:th></default:tr><default:tr><default:td>1.Handling of re-useable spoil and top soil Handling during removal, storage and re-use of any spoil or top soil removed during the course of carrying out the development.</default:td><default:td>That the arrangements ought to be modified to ensure that the spoil or top soil remains in good condition and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>2.Storage sites Sites on land within the relevant limits at which—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) minerals, aggregates or other construction materials required for the development, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) spoil or top soil,</blockContainer>are to be stored until used or re-used in carrying out the development or disposed of as waste.</default:td><default:td>That the arrangements ought to be modified—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,</blockContainer>and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>3.Construction camps Sites on land within the relevant limits which are to be used for the residential accommodation of persons engaged in carrying out the development.</default:td><default:td>As item 2.</default:td></default:tr><default:tr><default:td>4.Screening Provision where necessary on land within the relevant limits of any screening for working sites on such land required for the purpose of carrying out the development.</default:td><default:td>As item 2.</default:td></default:tr><default:tr><default:td>5.Hours of working The hours and days of the week during which work on the development on land within the relevant limits is to be carried out.</default:td><default:td>That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>6.Artificial lighting The use of artificial lighting on land within the relevant limits for the purpose of carrying out the development.</default:td><default:td>As item 5.</default:td></default:tr><default:tr><default:td>7.Suppression of noise, dust and vibration The suppression of noise, dust and vibration caused by construction operations carried on on land within the relevant limits for the purpose of carrying out the development.</default:td><default:td>As item 5.</default:td></default:tr><default:tr><default:td>8.Mud on highway Measures to be taken on land within the relevant limits to prevent mud being carried onto any public highway as a result of carrying on the development.</default:td><default:td>That the arrangements ought to be modified—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment or local amenity, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,</blockContainer>and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>9.Highway access The formation, laying out or alteration of any means of access to any highway used, or proposed highway proposed to be used, on a temporary basis by vehicular traffic to serve a construction site or camp.</default:td><default:td>That the arrangements ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and are reasonably capable of being so modified.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></level></subparagraph><subparagraph eId="schedule-6-paragraph-16-3"><num>(3)</num><content>The district planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-17" class="schProv1"><num>17</num><subparagraph eId="schedule-6-paragraph-17-1"><num>(1)</num><content>No work to which this paragraph applies shall be brought into use without the approval of the district planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-17-2"><num>(2)</num><intro>The works to which this paragraph applies are—</intro><level class="para1" eId="schedule-6-paragraph-17-2-a"><num>(a)</num><content>any scheduled work,</content></level><level class="para1" eId="schedule-6-paragraph-17-2-b"><num>(b)</num><content>any station constructed in exercise of the powers conferred by this Part of this Act, and</content></level><level class="para1" eId="schedule-6-paragraph-17-2-c"><num>(c)</num><content>any depot constructed in exercise of those powers for use for or in connection with the maintenance of railway vehicles or track, whether or not constructed for use also for other purposes.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-17-3"><num>(3)</num><intro>The district planning authority shall, at the request of the nominated undertaker, grant approval for the purposes of sub-paragraph (1) above if—</intro><level class="para1" eId="schedule-6-paragraph-17-3-a"><num>(a)</num><content>it considers that there are no reasonably practicable measures which need to be taken for the purpose of mitigating the effect of the work or its operation on the local environment or local amenity, or</content></level><level class="para1" eId="schedule-6-paragraph-17-3-b"><num>(b)</num><content>it has approved, at the request of the nominated undertaker, a scheme consisting of provision with respect to the taking of measures for that purpose.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-17-4"><num>(4)</num><intro>The district planning authority shall not refuse to approve, nor impose conditions on the approval of, a scheme submitted for the purposes of sub-paragraph (3)(b) above unless it is satisfied that it is expedient to do so on the ground that the scheme ought to be modified—</intro><level class="para1" eId="schedule-6-paragraph-17-4-a"><num>(a)</num><content>to preserve the local environment or local amenity,</content></level><level class="para1" eId="schedule-6-paragraph-17-4-b"><num>(b)</num><content>to preserve a site of archaeological or historic interest, or</content></level><level class="para1" eId="schedule-6-paragraph-17-4-c"><num>(c)</num><content>in the interests of nature conservation,</content></level><wrapUp>and that the scheme is reasonably capable of being so modified.</wrapUp></subparagraph><subparagraph eId="schedule-6-paragraph-17-5"><num>(5)</num><content>In this paragraph, “<term refersTo="#term-railway-vehicle" eId="term-railway-vehicle">railway vehicle</term>” and “<term refersTo="#term-track" eId="term-track">track</term>” have the same meanings as in Part I of the <noteRef href="#c1252189" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Act 1993.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-18" class="schProv1"><num>18</num><intro>Where the district planning authority approves a scheme for the purposes of paragraph 17(3)(b) above, the nominated undertaker shall be required—</intro><level class="para1" eId="schedule-6-paragraph-18-a"><num>(a)</num><content>to carry out the scheme, and</content></level><level class="para1" eId="schedule-6-paragraph-18-b"><num>(b)</num><content>to comply with any condition subject to which the scheme is approved.</content></level></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-III-crossheading-district-conditions-general"><heading> District conditions: general</heading><paragraph eId="schedule-6-paragraph-19" class="schProv1"><num>19</num><subparagraph eId="schedule-6-paragraph-19-1"><num>(1)</num><content>Where development consists of or includes the carrying out on any site of operations ancillary to the construction of any of the scheduled works, those operations shall be discontinued as soon as reasonably practicable after the completion of the relevant scheduled work or works.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-2"><num>(2)</num><content>The nominated undertaker shall, following discontinuation of the use of any site for carrying out operations ancillary to the construction of any of the scheduled works, restore the site in accordance with a scheme agreed with the district planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-3"><num>(3)</num><content>If, in relation to a site used for carrying out operations ancillary to the construction of any of the scheduled works, no scheme has been agreed for the purposes of sub-paragraph (2) above within 6 months of the completion of the relevant scheduled work or works, the scheme shall be such as the <ins class="first last" ukl:ChangeId="d29p15218" ukl:CommentaryRef="c1252190"><noteRef uk:name="commentary" href="#c1252190" class="commentary"/>Secretary of State</ins> may determine after consultation with the nominated undertaker and the district planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-4"><num>(4)</num><content>Where, independently of any consultation under sub-paragraph (3) above, the <ins class="first last" ukl:ChangeId="d29p15228" ukl:CommentaryRef="c1252191"><noteRef uk:name="commentary" href="#c1252191" class="commentary"/>Secretary of State asks</ins> the district planning authority for assistance in connection with the carrying out by <ins class="first last" ukl:ChangeId="d29p15232" ukl:CommentaryRef="c1252191"><noteRef uk:name="commentary" href="#c1252191" class="commentary"/>him of his</ins> function under sub-paragraph (3) above, <ins class="first last" ukl:ChangeId="d29p15236" ukl:CommentaryRef="c1252191"><noteRef uk:name="commentary" href="#c1252191" class="commentary"/>he</ins> may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-5"><num>(5)</num><content>Sub-paragraph (2) above shall not apply to a site to the extent that it consists of land to which a scheme under paragraph 24 below applies.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-6"><num>(6)</num><content>Sub-paragraph (2) above shall not apply where the site is one in relation to which the nominated undertaker is subject to an obligation under paragraph 2(1) of Schedule 5 above.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-7"><num>(7)</num><content>In this paragraph, references to the relevant scheduled work or works, in relation to any site, are to the scheduled work or works to which the operations carried out on that site were ancillary.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-III-crossheading-planning-regimes-county-councils"><heading> Planning regimes: county councils</heading><paragraph eId="schedule-6-paragraph-20" class="schProv1"><num>20</num><subparagraph eId="schedule-6-paragraph-20-1"><num>(1)</num><content>The requirement set out in paragraph 21 below shall be a condition of the deemed planning permission, so far as relating to relevant development in the area of a county council which is not a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-20-2"><num>(2)</num><content>For the purposes of sub-paragraph (1) above, relevant development is development consisting of the formation, laying out or alteration, in connection with an excepted matter, of any means of access to a highway used by vehicular traffic.</content></subparagraph><subparagraph eId="schedule-6-paragraph-20-3"><num>(3)</num><content>The requirements set out in paragraphs 22, 23 and 24 below shall be conditions of the deemed planning permission, so far as relating to relevant development in the area of a county council which is a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-20-4"><num>(4)</num><intro>For the purposes of sub-paragraph (3) above, relevant development is development consisting of—</intro><level class="para1" eId="schedule-6-paragraph-20-4-a"><num>(a)</num><content>the formation, laying out or alteration, in connection with an excepted matter, of any means of access to a highway used by vehicular traffic,</content></level><level class="para1" eId="schedule-6-paragraph-20-4-b"><num>(b)</num><content>the disposal of waste or spoil, or</content></level><level class="para1" eId="schedule-6-paragraph-20-4-c"><num>(c)</num><content>the excavation of bulk materials from borrow pits.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-20-5"><num>(5)</num><content>The requirement set out in paragraph 25 below shall be a condition of the deemed planning permission, so far as relating to development in the area of a county council which is a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-20-6"><num>(6)</num><intro>For the purposes of this paragraph, the following are excepted matters—</intro><level class="para1" eId="schedule-6-paragraph-20-6-a"><num>(a)</num><content>the transport of minerals,</content></level><level class="para1" eId="schedule-6-paragraph-20-6-b"><num>(b)</num><content>the transport of surplus spoil or top soil,</content></level><level class="para1" eId="schedule-6-paragraph-20-6-c"><num>(c)</num><content>the disposal of waste or spoil, and</content></level><level class="para1" eId="schedule-6-paragraph-20-6-d"><num>(d)</num><content>the excavation of bulk materials from borrow pits.</content></level></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-III-crossheading-county-conditions-nonqualifying-authority"><heading> County conditions: non-qualifying authority</heading><paragraph eId="schedule-6-paragraph-21" class="schProv1"><num>21</num><subparagraph eId="schedule-6-paragraph-21-1"><num>(1)</num><content>Development shall be carried out in accordance with plans and specifications for the time being approved by the county planning authority at the request of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-21-2"><num>(2)</num><content>The county planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.</content></subparagraph><subparagraph eId="schedule-6-paragraph-21-3"><num>(3)</num><content>Where the county planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.</content></subparagraph><subparagraph eId="schedule-6-paragraph-21-4"><num>(4)</num><content>The only ground on which the county planning authority may refuse to approve plans or specifications for the purposes of this paragraph is that the development to which they relate ought to, and could reasonably, be carried out elsewhere on land within the relevant limits.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-III-crossheading-county-conditions-qualifying-authority"><heading> County conditions: qualifying authority</heading><paragraph eId="schedule-6-paragraph-22" class="schProv1"><num>22</num><subparagraph eId="schedule-6-paragraph-22-1"><num>(1)</num><content>To the extent that development consists of any operation or work mentioned in the left-hand column of the table in sub-paragraph (4) below, it shall be carried out in accordance with plans and specifications for the time being approved by the county planning authority at the request of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-22-2"><num>(2)</num><content>The county planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.</content></subparagraph><subparagraph eId="schedule-6-paragraph-22-3"><num>(3)</num><content>Where the county planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.</content></subparagraph><subparagraph eId="schedule-6-paragraph-22-4"><num>(4)</num><intro>The only ground on which the county planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in the following table is a ground specified in relation to it in the right-hand column of that table.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Operation or work</default:th><default:th>Grounds</default:th></default:tr><default:tr><default:td>1.Highway access The formation, laying out or alteration of any means of access to a highway used, or proposed highway proposed to be used, by vehicular traffic.</default:td><default:td>That the development ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and is reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>2.Waste and spoil disposal The disposal of waste or spoil.</default:td><default:td>That—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) the design or external appearance of disposal sites on land within the relevant limits,</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) the methods by which such sites are worked, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) the noise, dust, vibration or screening arrangements during the operation of such sites, ought to be modified and are reasonably capable of being modified.</blockContainer>That—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment or local amenity,</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) to preserve a site of archaeological or historic interest or nature conservation value,</blockContainer>the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.</default:td></default:tr><default:tr><default:td>3.Borrow pits The excavation of bulk materials from borrow pits.</default:td><default:td>That—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) the design or external appearance of borrow pits on land within the relevant limits,</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) the methods by which such pits are worked, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) the noise, dust, vibration or screening arrangements during the operation of such pits,</blockContainer>ought to be modified and are reasonably capable of being modified.That—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment or local amenity,</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) to preserve a site of archaeological or historic interest or nature conservation value,</blockContainer>the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.</default:td></default:tr></default:tbody></default:table></foreign></tblock>Note: In the case of items 2 and 3, the second of the grounds specified does not apply in relation to development which—</intro><level class="para1" eId="schedule-6-paragraph-22-4-a"><num>(a)</num><content>is within the limits of deviation for the scheduled works, or</content></level><level class="para1" eId="schedule-6-paragraph-22-4-b"><num>(b)</num><content>consists of the use of land specified in columns (1) and (2) of Part I of Schedule 4 for a purpose specified in relation to the land in column (3) of that Part.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-22-5"><num>(5)</num><content>Sub-paragraph (4) above shall apply in relation to the imposition of conditions on approval as it applies in relation to the refusal of approval.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-23" class="schProv1"><num>23</num><subparagraph eId="schedule-6-paragraph-23-1"><num>(1)</num><content>Development shall be carried out in accordance with arrangements approved by the county planning authority at the request of the nominated undertaker with respect to the matters mentioned in the left-hand column of the table in sub-paragraph (2) below.</content></subparagraph><subparagraph eId="schedule-6-paragraph-23-2"><num>(2)</num><intro>The only ground on which the county planning authority may refuse to approve for the purposes of this paragraph arrangements with respect to a matter mentioned in the following table is—</intro><level class="para1" eId="schedule-6-paragraph-23-2-a"><num>(a)</num><content>that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or</content></level><level class="para1" eId="schedule-6-paragraph-23-2-b"><num>(b)</num><content>the ground specified in relation to the matter in the right-hand column of the table.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Matters</default:th><default:th>Grounds</default:th></default:tr><default:tr><default:td>1.Handling of re-usable spoil and top soil Handling during removal, storage, and re-use of any spoil or top soil removed during the course of carrying out the development.</default:td><default:td>That the arrangements ought to be modified to ensure that the spoil or top soil remains in good condition and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>2. Storage sites Sites on land within the relevant limits at which—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) minerals, aggregates or other construction materials required for the development, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) spoil or top soil, are to be stored until used or re-used in carrying out the development or disposed of as waste.</blockContainer></default:td><default:td>That the arrangements ought to be modified—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,</blockContainer>and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>3.Construction camps Sites on land within the relevant limits which are to be used for the residential accommodation of persons engaged in carrying out the development.</default:td><default:td>As item 2.</default:td></default:tr><default:tr><default:td>4.Screening Provision where necessary on land within the relevant limits of any screening for working sites on such land required for the purpose of carrying out the development.</default:td><default:td>As item 2.</default:td></default:tr><default:tr><default:td>5.Hours of working The hours and days of the week during which work on the development on land within the relevant limits is to be carried out.</default:td><default:td>That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>6.Artificial lighting The use of artificial lighting on land within the relevant limits for the purpose of carrying out the development.</default:td><default:td>As item 5.</default:td></default:tr><default:tr><default:td>7.Suppression of noise, dust and vibration The suppression of noise, dust and vibration caused by construction operations carried on on land within the relevant limits for the purpose of carrying out the development.</default:td><default:td>As item 5.</default:td></default:tr><default:tr><default:td>8.Mud on highway Measures to be taken on land within the relevant limits to prevent mud being carried onto any public highway as a result of carrying on the development.</default:td><default:td>That the arrangements ought to be modified—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment or local amenity, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,</blockContainer>and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>9.Highway access The formation, laying out or alteration of any means of access to any highway used, or proposed highway proposed to be used, on a temporary basis by vehicular traffic to serve a working site or camp.</default:td><default:td>That the arrangements ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and are reasonably capable of being so modified.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></level></subparagraph><subparagraph eId="schedule-6-paragraph-23-3"><num>(3)</num><content>The county planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-24" class="schProv1"><num>24</num><subparagraph eId="schedule-6-paragraph-24-1"><num>(1)</num><intro>To the extent that development consists of—</intro><level class="para1" eId="schedule-6-paragraph-24-1-a"><num>(a)</num><content>the disposal of waste or spoil, or</content></level><level class="para1" eId="schedule-6-paragraph-24-1-b"><num>(b)</num><content>the excavation of bulk materials from borrow pits,</content></level><wrapUp>it shall not be begun unless the county planning authority has, at the request of the nominated undertaker, approved a scheme for the restoration of the land on which the development is to be carried out.</wrapUp></subparagraph><subparagraph eId="schedule-6-paragraph-24-2"><num>(2)</num><content>The only ground on which the county planning authority may refuse to approve, or impose conditions on the approval of, a scheme for the purposes of this paragraph is that the scheme ought to be modified and is reasonably capable of being modified.</content></subparagraph><subparagraph eId="schedule-6-paragraph-24-3"><num>(3)</num><content>The nominated undertaker shall carry out a scheme approved for the purposes of this paragraph once it has completed its use of the land to which the scheme relates for the purpose of carrying out development of a kind to which sub-paragraph (1) above applies.</content></subparagraph><subparagraph eId="schedule-6-paragraph-24-4"><num>(4)</num><content>In sub-paragraph (1) above, the reference to restoration includes a reference to restoration in the longer term; and, accordingly, a scheme for the restoration of land may include provision about aftercare.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-25" class="schProv1"><num>25</num><subparagraph eId="schedule-6-paragraph-25-1"><num>(1)</num><content>Development shall be carried out in accordance with arrangements approved by the county planning authority at the request of the nominated undertaker with respect to the means and routes by which anything is to be transported on a highway by large goods vehicle to a working or storage site, a site where it will be re-used or a waste disposal site.</content></subparagraph><subparagraph eId="schedule-6-paragraph-25-2"><num>(2)</num><intro>The only ground on which the county planning authority may refuse to approve arrangements for the purposes of this paragraph is—</intro><level class="para1" eId="schedule-6-paragraph-25-2-a"><num>(a)</num><content>that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or</content></level><level class="para1" eId="schedule-6-paragraph-25-2-b"><num>(b)</num><intro>that the arrangements ought to be modified—</intro><level class="para2" eId="schedule-6-paragraph-25-2-b-i"><num>(i)</num><content>to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or</content></level><level class="para2" eId="schedule-6-paragraph-25-2-b-ii"><num>(ii)</num><content>to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,</content></level><wrapUp>and are reasonably capable of being so modified.</wrapUp></level></subparagraph><subparagraph eId="schedule-6-paragraph-25-3"><num>(3)</num><content>The county planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-25-4"><num>(4)</num><content>In this paragraph, “<term refersTo="#term-large-goods-vehicle" eId="term-large-goods-vehicle">large goods vehicle</term>” has the same meaning as in Part IV of the <noteRef href="#c1252194" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Road Traffic Act 1988.</content></subparagraph></paragraph></hcontainer></part>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-III-crossheading-planning-regimes-district-councils"><heading> Planning regimes: district councils</heading><paragraph eId="schedule-6-paragraph-13" class="schProv1"><num>13</num><subparagraph eId="schedule-6-paragraph-13-1"><num>(1)</num><content>The requirement set out in paragraph 14 below shall be a condition of the deemed planning permission, so far as relating to relevant development in the area of a district council which is not a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-13-2"><num>(2)</num><intro>For the purposes of sub-paragraph (1) above, development is relevant development to the extent that it consists of or includes—</intro><level class="para1" eId="schedule-6-paragraph-13-2-a"><num>(a)</num><content>the erection, construction, alteration or extension of any building, or</content></level><level class="para1" eId="schedule-6-paragraph-13-2-b"><num>(b)</num><content>the formation, laying out or alteration, otherwise than in connection with an excepted matter, of any means of access to any highway used by vehicular traffic.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-13-3"><num>(3)</num><content>The requirements set out in paragraphs 15 and 16 below shall be conditions of the deemed planning permission, so far as relating to development, other than excepted development, in the area of a district council which is a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-13-4"><num>(4)</num><intro>For the purposes of sub-paragraph (3) above, excepted development is development consisting of—</intro><level class="para1" eId="schedule-6-paragraph-13-4-a"><num>(a)</num><content>the formation, laying out or alteration, in connection with an excepted matter, of any means of access to any highway used by vehicular traffic,</content></level><level class="para1" eId="schedule-6-paragraph-13-4-b"><num>(b)</num><content>the disposal of waste or spoil, or</content></level><level class="para1" eId="schedule-6-paragraph-13-4-c"><num>(c)</num><content>the excavation of bulk materials from borrow pits.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-13-5"><num>(5)</num><content>The requirements set out in paragraphs 17 and 18 below shall be conditions of the deemed planning permission, so far as relating to development in the area of a district council which is a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-13-6"><num>(6)</num><content>The requirements set out in paragraph 19 below shall be conditions of the deemed planning permission, so far as relating to development in the area of any district council.</content></subparagraph><subparagraph eId="schedule-6-paragraph-13-7"><num>(7)</num><intro>For the purposes of this paragraph, the following are excepted matters—</intro><level class="para1" eId="schedule-6-paragraph-13-7-a"><num>(a)</num><content>the transport of minerals,</content></level><level class="para1" eId="schedule-6-paragraph-13-7-b"><num>(b)</num><content>the transport of surplus spoil or top soil,</content></level><level class="para1" eId="schedule-6-paragraph-13-7-c"><num>(c)</num><content>the disposal of waste or spoil, and</content></level><level class="para1" eId="schedule-6-paragraph-13-7-d"><num>(d)</num><content>the excavation of bulk materials from borrow pits.</content></level></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-6-paragraph-13" class="schProv1"><num>13</num><subparagraph eId="schedule-6-paragraph-13-1"><num>(1)</num><content>The requirement set out in paragraph 14 below shall be a condition of the deemed planning permission, so far as relating to relevant development in the area of a district council which is not a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-13-2"><num>(2)</num><intro>For the purposes of sub-paragraph (1) above, development is relevant development to the extent that it consists of or includes—</intro><level class="para1" eId="schedule-6-paragraph-13-2-a"><num>(a)</num><content>the erection, construction, alteration or extension of any building, or</content></level><level class="para1" eId="schedule-6-paragraph-13-2-b"><num>(b)</num><content>the formation, laying out or alteration, otherwise than in connection with an excepted matter, of any means of access to any highway used by vehicular traffic.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-13-3"><num>(3)</num><content>The requirements set out in paragraphs 15 and 16 below shall be conditions of the deemed planning permission, so far as relating to development, other than excepted development, in the area of a district council which is a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-13-4"><num>(4)</num><intro>For the purposes of sub-paragraph (3) above, excepted development is development consisting of—</intro><level class="para1" eId="schedule-6-paragraph-13-4-a"><num>(a)</num><content>the formation, laying out or alteration, in connection with an excepted matter, of any means of access to any highway used by vehicular traffic,</content></level><level class="para1" eId="schedule-6-paragraph-13-4-b"><num>(b)</num><content>the disposal of waste or spoil, or</content></level><level class="para1" eId="schedule-6-paragraph-13-4-c"><num>(c)</num><content>the excavation of bulk materials from borrow pits.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-13-5"><num>(5)</num><content>The requirements set out in paragraphs 17 and 18 below shall be conditions of the deemed planning permission, so far as relating to development in the area of a district council which is a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-13-6"><num>(6)</num><content>The requirements set out in paragraph 19 below shall be conditions of the deemed planning permission, so far as relating to development in the area of any district council.</content></subparagraph><subparagraph eId="schedule-6-paragraph-13-7"><num>(7)</num><intro>For the purposes of this paragraph, the following are excepted matters—</intro><level class="para1" eId="schedule-6-paragraph-13-7-a"><num>(a)</num><content>the transport of minerals,</content></level><level class="para1" eId="schedule-6-paragraph-13-7-b"><num>(b)</num><content>the transport of surplus spoil or top soil,</content></level><level class="para1" eId="schedule-6-paragraph-13-7-c"><num>(c)</num><content>the disposal of waste or spoil, and</content></level><level class="para1" eId="schedule-6-paragraph-13-7-d"><num>(d)</num><content>the excavation of bulk materials from borrow pits.</content></level></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-III-crossheading-district-conditions-nonqualifying-authority"><heading> District conditions: non-qualifying authority</heading><paragraph eId="schedule-6-paragraph-14" class="schProv1"><num>14</num><subparagraph eId="schedule-6-paragraph-14-1"><num>(1)</num><content>Development shall be carried out in accordance with plans and specifications for the time being approved by the district planning authority at the request of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-14-2"><num>(2)</num><content>The district planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.</content></subparagraph><subparagraph eId="schedule-6-paragraph-14-3"><num>(3)</num><content>Where the district planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.</content></subparagraph><subparagraph eId="schedule-6-paragraph-14-4"><num>(4)</num><intro>The only ground on which the district planning authority may refuse to approve plans or specifications for the purposes of this paragraph is—</intro><level class="para1" eId="schedule-6-paragraph-14-4-a"><num>(a)</num><content>that the development to which they relate ought to, and could reasonably, be carried out elsewhere on land within the relevant limits, or</content></level><level class="para1" eId="schedule-6-paragraph-14-4-b"><num>(b)</num><content>that the design or external appearance of any building to which they relate ought to be modified to preserve the local environment or local amenity and is reasonably capable of being so modified.</content></level></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-6-paragraph-14" class="schProv1"><num>14</num><subparagraph eId="schedule-6-paragraph-14-1"><num>(1)</num><content>Development shall be carried out in accordance with plans and specifications for the time being approved by the district planning authority at the request of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-14-2"><num>(2)</num><content>The district planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.</content></subparagraph><subparagraph eId="schedule-6-paragraph-14-3"><num>(3)</num><content>Where the district planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.</content></subparagraph><subparagraph eId="schedule-6-paragraph-14-4"><num>(4)</num><intro>The only ground on which the district planning authority may refuse to approve plans or specifications for the purposes of this paragraph is—</intro><level class="para1" eId="schedule-6-paragraph-14-4-a"><num>(a)</num><content>that the development to which they relate ought to, and could reasonably, be carried out elsewhere on land within the relevant limits, or</content></level><level class="para1" eId="schedule-6-paragraph-14-4-b"><num>(b)</num><content>that the design or external appearance of any building to which they relate ought to be modified to preserve the local environment or local amenity and is reasonably capable of being so modified.</content></level></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-6-paragraph-17" class="schProv1"><num>17</num><subparagraph eId="schedule-6-paragraph-17-1"><num>(1)</num><content>No work to which this paragraph applies shall be brought into use without the approval of the district planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-17-2"><num>(2)</num><intro>The works to which this paragraph applies are—</intro><level class="para1" eId="schedule-6-paragraph-17-2-a"><num>(a)</num><content>any scheduled work,</content></level><level class="para1" eId="schedule-6-paragraph-17-2-b"><num>(b)</num><content>any station constructed in exercise of the powers conferred by this Part of this Act, and</content></level><level class="para1" eId="schedule-6-paragraph-17-2-c"><num>(c)</num><content>any depot constructed in exercise of those powers for use for or in connection with the maintenance of railway vehicles or track, whether or not constructed for use also for other purposes.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-17-3"><num>(3)</num><intro>The district planning authority shall, at the request of the nominated undertaker, grant approval for the purposes of sub-paragraph (1) above if—</intro><level class="para1" eId="schedule-6-paragraph-17-3-a"><num>(a)</num><content>it considers that there are no reasonably practicable measures which need to be taken for the purpose of mitigating the effect of the work or its operation on the local environment or local amenity, or</content></level><level class="para1" eId="schedule-6-paragraph-17-3-b"><num>(b)</num><content>it has approved, at the request of the nominated undertaker, a scheme consisting of provision with respect to the taking of measures for that purpose.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-17-4"><num>(4)</num><intro>The district planning authority shall not refuse to approve, nor impose conditions on the approval of, a scheme submitted for the purposes of sub-paragraph (3)(b) above unless it is satisfied that it is expedient to do so on the ground that the scheme ought to be modified—</intro><level class="para1" eId="schedule-6-paragraph-17-4-a"><num>(a)</num><content>to preserve the local environment or local amenity,</content></level><level class="para1" eId="schedule-6-paragraph-17-4-b"><num>(b)</num><content>to preserve a site of archaeological or historic interest, or</content></level><level class="para1" eId="schedule-6-paragraph-17-4-c"><num>(c)</num><content>in the interests of nature conservation,</content></level><wrapUp>and that the scheme is reasonably capable of being so modified.</wrapUp></subparagraph><subparagraph eId="schedule-6-paragraph-17-5"><num>(5)</num><content>In this paragraph, “<term refersTo="#term-railway-vehicle" eId="term-railway-vehicle">railway vehicle</term>” and “<term refersTo="#term-track" eId="term-track">track</term>” have the same meanings as in Part I of the <noteRef href="#c1252189" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Act 1993.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-6-paragraph-18" class="schProv1"><num>18</num><intro>Where the district planning authority approves a scheme for the purposes of paragraph 17(3)(b) above, the nominated undertaker shall be required—</intro><level class="para1" eId="schedule-6-paragraph-18-a"><num>(a)</num><content>to carry out the scheme, and</content></level><level class="para1" eId="schedule-6-paragraph-18-b"><num>(b)</num><content>to comply with any condition subject to which the scheme is approved.</content></level></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-III-crossheading-district-conditions-general"><heading> District conditions: general</heading><paragraph eId="schedule-6-paragraph-19" class="schProv1"><num>19</num><subparagraph eId="schedule-6-paragraph-19-1"><num>(1)</num><content>Where development consists of or includes the carrying out on any site of operations ancillary to the construction of any of the scheduled works, those operations shall be discontinued as soon as reasonably practicable after the completion of the relevant scheduled work or works.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-2"><num>(2)</num><content>The nominated undertaker shall, following discontinuation of the use of any site for carrying out operations ancillary to the construction of any of the scheduled works, restore the site in accordance with a scheme agreed with the district planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-3"><num>(3)</num><content>If, in relation to a site used for carrying out operations ancillary to the construction of any of the scheduled works, no scheme has been agreed for the purposes of sub-paragraph (2) above within 6 months of the completion of the relevant scheduled work or works, the scheme shall be such as the <ins class="first last" ukl:ChangeId="d29p15218" ukl:CommentaryRef="c1252190"><noteRef uk:name="commentary" href="#c1252190" class="commentary"/>Secretary of State</ins> may determine after consultation with the nominated undertaker and the district planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-4"><num>(4)</num><content>Where, independently of any consultation under sub-paragraph (3) above, the <ins class="first last" ukl:ChangeId="d29p15228" ukl:CommentaryRef="c1252191"><noteRef uk:name="commentary" href="#c1252191" class="commentary"/>Secretary of State asks</ins> the district planning authority for assistance in connection with the carrying out by <ins class="first last" ukl:ChangeId="d29p15232" ukl:CommentaryRef="c1252191"><noteRef uk:name="commentary" href="#c1252191" class="commentary"/>him of his</ins> function under sub-paragraph (3) above, <ins class="first last" ukl:ChangeId="d29p15236" ukl:CommentaryRef="c1252191"><noteRef uk:name="commentary" href="#c1252191" class="commentary"/>he</ins> may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-5"><num>(5)</num><content>Sub-paragraph (2) above shall not apply to a site to the extent that it consists of land to which a scheme under paragraph 24 below applies.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-6"><num>(6)</num><content>Sub-paragraph (2) above shall not apply where the site is one in relation to which the nominated undertaker is subject to an obligation under paragraph 2(1) of Schedule 5 above.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-7"><num>(7)</num><content>In this paragraph, references to the relevant scheduled work or works, in relation to any site, are to the scheduled work or works to which the operations carried out on that site were ancillary.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-6-paragraph-19" class="schProv1"><num>19</num><subparagraph eId="schedule-6-paragraph-19-1"><num>(1)</num><content>Where development consists of or includes the carrying out on any site of operations ancillary to the construction of any of the scheduled works, those operations shall be discontinued as soon as reasonably practicable after the completion of the relevant scheduled work or works.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-2"><num>(2)</num><content>The nominated undertaker shall, following discontinuation of the use of any site for carrying out operations ancillary to the construction of any of the scheduled works, restore the site in accordance with a scheme agreed with the district planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-3"><num>(3)</num><content>If, in relation to a site used for carrying out operations ancillary to the construction of any of the scheduled works, no scheme has been agreed for the purposes of sub-paragraph (2) above within 6 months of the completion of the relevant scheduled work or works, the scheme shall be such as the <ins class="first last" ukl:ChangeId="d29p15218" ukl:CommentaryRef="c1252190"><noteRef uk:name="commentary" href="#c1252190" class="commentary"/>Secretary of State</ins> may determine after consultation with the nominated undertaker and the district planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-4"><num>(4)</num><content>Where, independently of any consultation under sub-paragraph (3) above, the <ins class="first last" ukl:ChangeId="d29p15228" ukl:CommentaryRef="c1252191"><noteRef uk:name="commentary" href="#c1252191" class="commentary"/>Secretary of State asks</ins> the district planning authority for assistance in connection with the carrying out by <ins class="first last" ukl:ChangeId="d29p15232" ukl:CommentaryRef="c1252191"><noteRef uk:name="commentary" href="#c1252191" class="commentary"/>him of his</ins> function under sub-paragraph (3) above, <ins class="first last" ukl:ChangeId="d29p15236" ukl:CommentaryRef="c1252191"><noteRef uk:name="commentary" href="#c1252191" class="commentary"/>he</ins> may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-5"><num>(5)</num><content>Sub-paragraph (2) above shall not apply to a site to the extent that it consists of land to which a scheme under paragraph 24 below applies.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-6"><num>(6)</num><content>Sub-paragraph (2) above shall not apply where the site is one in relation to which the nominated undertaker is subject to an obligation under paragraph 2(1) of Schedule 5 above.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-7"><num>(7)</num><content>In this paragraph, references to the relevant scheduled work or works, in relation to any site, are to the scheduled work or works to which the operations carried out on that site were ancillary.</content></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-III-crossheading-planning-regimes-county-councils"><heading> Planning regimes: county councils</heading><paragraph eId="schedule-6-paragraph-20" class="schProv1"><num>20</num><subparagraph eId="schedule-6-paragraph-20-1"><num>(1)</num><content>The requirement set out in paragraph 21 below shall be a condition of the deemed planning permission, so far as relating to relevant development in the area of a county council which is not a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-20-2"><num>(2)</num><content>For the purposes of sub-paragraph (1) above, relevant development is development consisting of the formation, laying out or alteration, in connection with an excepted matter, of any means of access to a highway used by vehicular traffic.</content></subparagraph><subparagraph eId="schedule-6-paragraph-20-3"><num>(3)</num><content>The requirements set out in paragraphs 22, 23 and 24 below shall be conditions of the deemed planning permission, so far as relating to relevant development in the area of a county council which is a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-20-4"><num>(4)</num><intro>For the purposes of sub-paragraph (3) above, relevant development is development consisting of—</intro><level class="para1" eId="schedule-6-paragraph-20-4-a"><num>(a)</num><content>the formation, laying out or alteration, in connection with an excepted matter, of any means of access to a highway used by vehicular traffic,</content></level><level class="para1" eId="schedule-6-paragraph-20-4-b"><num>(b)</num><content>the disposal of waste or spoil, or</content></level><level class="para1" eId="schedule-6-paragraph-20-4-c"><num>(c)</num><content>the excavation of bulk materials from borrow pits.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-20-5"><num>(5)</num><content>The requirement set out in paragraph 25 below shall be a condition of the deemed planning permission, so far as relating to development in the area of a county council which is a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-20-6"><num>(6)</num><intro>For the purposes of this paragraph, the following are excepted matters—</intro><level class="para1" eId="schedule-6-paragraph-20-6-a"><num>(a)</num><content>the transport of minerals,</content></level><level class="para1" eId="schedule-6-paragraph-20-6-b"><num>(b)</num><content>the transport of surplus spoil or top soil,</content></level><level class="para1" eId="schedule-6-paragraph-20-6-c"><num>(c)</num><content>the disposal of waste or spoil, and</content></level><level class="para1" eId="schedule-6-paragraph-20-6-d"><num>(d)</num><content>the excavation of bulk materials from borrow pits.</content></level></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-6-paragraph-20" class="schProv1"><num>20</num><subparagraph eId="schedule-6-paragraph-20-1"><num>(1)</num><content>The requirement set out in paragraph 21 below shall be a condition of the deemed planning permission, so far as relating to relevant development in the area of a county council which is not a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-20-2"><num>(2)</num><content>For the purposes of sub-paragraph (1) above, relevant development is development consisting of the formation, laying out or alteration, in connection with an excepted matter, of any means of access to a highway used by vehicular traffic.</content></subparagraph><subparagraph eId="schedule-6-paragraph-20-3"><num>(3)</num><content>The requirements set out in paragraphs 22, 23 and 24 below shall be conditions of the deemed planning permission, so far as relating to relevant development in the area of a county council which is a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-20-4"><num>(4)</num><intro>For the purposes of sub-paragraph (3) above, relevant development is development consisting of—</intro><level class="para1" eId="schedule-6-paragraph-20-4-a"><num>(a)</num><content>the formation, laying out or alteration, in connection with an excepted matter, of any means of access to a highway used by vehicular traffic,</content></level><level class="para1" eId="schedule-6-paragraph-20-4-b"><num>(b)</num><content>the disposal of waste or spoil, or</content></level><level class="para1" eId="schedule-6-paragraph-20-4-c"><num>(c)</num><content>the excavation of bulk materials from borrow pits.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-20-5"><num>(5)</num><content>The requirement set out in paragraph 25 below shall be a condition of the deemed planning permission, so far as relating to development in the area of a county council which is a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-20-6"><num>(6)</num><intro>For the purposes of this paragraph, the following are excepted matters—</intro><level class="para1" eId="schedule-6-paragraph-20-6-a"><num>(a)</num><content>the transport of minerals,</content></level><level class="para1" eId="schedule-6-paragraph-20-6-b"><num>(b)</num><content>the transport of surplus spoil or top soil,</content></level><level class="para1" eId="schedule-6-paragraph-20-6-c"><num>(c)</num><content>the disposal of waste or spoil, and</content></level><level class="para1" eId="schedule-6-paragraph-20-6-d"><num>(d)</num><content>the excavation of bulk materials from borrow pits.</content></level></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-III-crossheading-county-conditions-nonqualifying-authority"><heading> County conditions: non-qualifying authority</heading><paragraph eId="schedule-6-paragraph-21" class="schProv1"><num>21</num><subparagraph eId="schedule-6-paragraph-21-1"><num>(1)</num><content>Development shall be carried out in accordance with plans and specifications for the time being approved by the county planning authority at the request of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-21-2"><num>(2)</num><content>The county planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.</content></subparagraph><subparagraph eId="schedule-6-paragraph-21-3"><num>(3)</num><content>Where the county planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.</content></subparagraph><subparagraph eId="schedule-6-paragraph-21-4"><num>(4)</num><content>The only ground on which the county planning authority may refuse to approve plans or specifications for the purposes of this paragraph is that the development to which they relate ought to, and could reasonably, be carried out elsewhere on land within the relevant limits.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-6-paragraph-24" class="schProv1"><num>24</num><subparagraph eId="schedule-6-paragraph-24-1"><num>(1)</num><intro>To the extent that development consists of—</intro><level class="para1" eId="schedule-6-paragraph-24-1-a"><num>(a)</num><content>the disposal of waste or spoil, or</content></level><level class="para1" eId="schedule-6-paragraph-24-1-b"><num>(b)</num><content>the excavation of bulk materials from borrow pits,</content></level><wrapUp>it shall not be begun unless the county planning authority has, at the request of the nominated undertaker, approved a scheme for the restoration of the land on which the development is to be carried out.</wrapUp></subparagraph><subparagraph eId="schedule-6-paragraph-24-2"><num>(2)</num><content>The only ground on which the county planning authority may refuse to approve, or impose conditions on the approval of, a scheme for the purposes of this paragraph is that the scheme ought to be modified and is reasonably capable of being modified.</content></subparagraph><subparagraph eId="schedule-6-paragraph-24-3"><num>(3)</num><content>The nominated undertaker shall carry out a scheme approved for the purposes of this paragraph once it has completed its use of the land to which the scheme relates for the purpose of carrying out development of a kind to which sub-paragraph (1) above applies.</content></subparagraph><subparagraph eId="schedule-6-paragraph-24-4"><num>(4)</num><content>In sub-paragraph (1) above, the reference to restoration includes a reference to restoration in the longer term; and, accordingly, a scheme for the restoration of land may include provision about aftercare.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-6-paragraph-25" class="schProv1"><num>25</num><subparagraph eId="schedule-6-paragraph-25-1"><num>(1)</num><content>Development shall be carried out in accordance with arrangements approved by the county planning authority at the request of the nominated undertaker with respect to the means and routes by which anything is to be transported on a highway by large goods vehicle to a working or storage site, a site where it will be re-used or a waste disposal site.</content></subparagraph><subparagraph eId="schedule-6-paragraph-25-2"><num>(2)</num><intro>The only ground on which the county planning authority may refuse to approve arrangements for the purposes of this paragraph is—</intro><level class="para1" eId="schedule-6-paragraph-25-2-a"><num>(a)</num><content>that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or</content></level><level class="para1" eId="schedule-6-paragraph-25-2-b"><num>(b)</num><intro>that the arrangements ought to be modified—</intro><level class="para2" eId="schedule-6-paragraph-25-2-b-i"><num>(i)</num><content>to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or</content></level><level class="para2" eId="schedule-6-paragraph-25-2-b-ii"><num>(ii)</num><content>to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,</content></level><wrapUp>and are reasonably capable of being so modified.</wrapUp></level></subparagraph><subparagraph eId="schedule-6-paragraph-25-3"><num>(3)</num><content>The county planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-25-4"><num>(4)</num><content>In this paragraph, “<term refersTo="#term-large-goods-vehicle" eId="term-large-goods-vehicle">large goods vehicle</term>” has the same meaning as in Part IV of the <noteRef href="#c1252194" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Road Traffic Act 1988.</content></subparagraph></paragraph>

<part xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:default="http://www.w3.org/1999/xhtml" eId="schedule-6-part-IV"><num>Part IV</num><heading> Supplementary</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-IV-crossheading-programming-of-requests-for-planning-approvals"><heading> Programming of requests for planning approvals</heading><paragraph eId="schedule-6-paragraph-26" class="schProv1"><num>26</num><intro>A planning authority shall not be required to entertain a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule unless—</intro><level class="para1" eId="schedule-6-paragraph-26-a"><num>(a)</num><content>the nominated undertaker has deposited with the authority a document setting out its proposed programme with respect to the making of requests under that Part to the authority, and</content></level><level class="para1" eId="schedule-6-paragraph-26-b"><num>(b)</num><content>the request is accompanied by a document explaining how the matters to which the request relates fit into the overall scheme of the works authorised by this Part of this Act.</content></level></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-IV-crossheading-consultation"><heading> Consultation</heading><paragraph eId="schedule-6-paragraph-27" class="schProv1"><num>27</num><subparagraph eId="schedule-6-paragraph-27-1"><num>(1)</num><intro>Where a planning authority considers that a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule relates to matters which may affect—</intro><level class="para1" eId="schedule-6-paragraph-27-1-a"><num>(a)</num><content>nature conservation,</content></level><level class="para1" eId="schedule-6-paragraph-27-1-b"><num>(b)</num><content>the conservation of the natural beauty or amenity of the countryside, or</content></level><level class="para1" eId="schedule-6-paragraph-27-1-c"><num>(c)</num><content>a site of archaeological or historic interest,</content></level><wrapUp>it shall, within 5 days of receiving the request, invite the appropriate body or bodies to make representations.</wrapUp></subparagraph><subparagraph eId="schedule-6-paragraph-27-2"><num>(2)</num><intro>Where under sub-paragraph (1) above a planning authority has invited a body to make representations about a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule, it shall not make any decision about the request until—</intro><level class="para1" eId="schedule-6-paragraph-27-2-a"><num>(a)</num><content>it has received representations from the body about the request,</content></level><level class="para1" eId="schedule-6-paragraph-27-2-b"><num>(b)</num><content>it has been informed by the body that it does not wish to make any representations about the request, or</content></level><level class="para1" eId="schedule-6-paragraph-27-2-c"><num>(c)</num><content>21 days have elapsed since the date of the invitation.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-27-3"><num>(3)</num><content>An invitation under sub-paragraph (1) above shall specify the time limit for making representations.</content></subparagraph><subparagraph eId="schedule-6-paragraph-27-4"><num>(4)</num><content>For the purposes of this paragraph, the following are appropriate bodies in relation to the following matters—<tblock class="table" ukl:Orientation="portrait"><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Matter</default:th><default:th>Body</default:th></default:tr><default:tr><default:td>Nature conservation.</default:td><default:td><ins class="substitution first last" ukl:ChangeId="key-68ed752a1accbf35d50863d07a4545ec-1479065177546" ukl:CommentaryRef="key-68ed752a1accbf35d50863d07a4545ec"><noteRef uk:name="commentary" href="#key-68ed752a1accbf35d50863d07a4545ec" class="commentary"/>Natural England.</ins></default:td></default:tr><default:tr><default:td>Conservation of the natural beauty or amenity of the countryside.</default:td><default:td>The <ins class="substitution first last" ukl:ChangeId="key-68ed752a1accbf35d50863d07a4545ec-1479065215036" ukl:CommentaryRef="key-68ed752a1accbf35d50863d07a4545ec"><noteRef uk:name="commentary" href="#key-68ed752a1accbf35d50863d07a4545ec" class="commentary"/>Nature conservation or conservation of the natural beauty or amenity of the countryside</ins> .</default:td></default:tr><default:tr><default:td>Sites of archaeological or historic interest.</default:td><default:td>The Historic Buildings and Monuments Commission for England.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-28" class="schProv1"><num>28</num><subparagraph eId="schedule-6-paragraph-28-1"><num>(1)</num><intro>Where a planning authority considers that a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule relates to matters which may affect—</intro><level class="para1" eId="schedule-6-paragraph-28-1-a"><num>(a)</num><content>the conservation of the natural beauty or amenity of inland or coastal waters or land associated with such waters,</content></level><level class="para1" eId="schedule-6-paragraph-28-1-b"><num>(b)</num><content>the conservation of flora or fauna which are dependent on an aquatic environment, or</content></level><level class="para1" eId="schedule-6-paragraph-28-1-c"><num>(c)</num><content>the use of such waters or land for recreational purposes,</content></level><wrapUp>it shall, within 5 days of receiving the request, invite the Environment Agency to make representations.</wrapUp></subparagraph><subparagraph eId="schedule-6-paragraph-28-2"><num>(2)</num><intro>Where under sub-paragraph (1) above a planning authority has invited the Environment Agency to make representations about a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule, it shall not make any decision about the request until—</intro><level class="para1" eId="schedule-6-paragraph-28-2-a"><num>(a)</num><content>it has received representations from the Agency about the request,</content></level><level class="para1" eId="schedule-6-paragraph-28-2-b"><num>(b)</num><content>it has been informed by the Agency that it does not wish to make any representations about the request, or</content></level><level class="para1" eId="schedule-6-paragraph-28-2-c"><num>(c)</num><content>21 days have elapsed since the date of the invitation.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-28-3"><num>(3)</num><content>An invitation under sub-paragraph (1) above shall specify the time limit for making representations.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-29" class="schProv1"><num>29</num><subparagraph eId="schedule-6-paragraph-29-1"><num>(1)</num><content>Where a planning authority considers that a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule relates to matters which may affect the Lee Valley Regional Park, it shall, within 5 days of receiving the request, invite the Lee Valley Regional Park Authority to make representations.</content></subparagraph><subparagraph eId="schedule-6-paragraph-29-2"><num>(2)</num><intro>Where under sub-paragraph (1) above a planning authority has invited the Lee Valley Regional Park Authority to make representations about a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule, it shall not make any decision about the request until—</intro><level class="para1" eId="schedule-6-paragraph-29-2-a"><num>(a)</num><content>it has received representations from the Authority about the request,</content></level><level class="para1" eId="schedule-6-paragraph-29-2-b"><num>(b)</num><content>it has been informed by the Authority that it does not wish to make any representations about the request, or</content></level><level class="para1" eId="schedule-6-paragraph-29-2-c"><num>(c)</num><content>21 days have elapsed since the date of the invitation.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-29-3"><num>(3)</num><content>An invitation under sub-paragraph (1) above shall specify the time limit for making representations.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-IV-crossheading-intervention-by-secretary-of-state"><heading> Intervention by Secretary of State</heading><paragraph eId="schedule-6-paragraph-30" class="schProv1"><num>30</num><subparagraph eId="schedule-6-paragraph-30-1"><num>(1)</num><content>The <ins class="first last" ukl:ChangeId="d29p16037" ukl:CommentaryRef="c1252198"><noteRef uk:name="commentary" href="#c1252198" class="commentary"/>Secretary of State</ins> may by directions require a planning authority to refer any request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule to <ins class="first last" ukl:ChangeId="d29p16041" ukl:CommentaryRef="c1252199"><noteRef uk:name="commentary" href="#c1252199" class="commentary"/>him</ins>.</content></subparagraph><subparagraph eId="schedule-6-paragraph-30-2"><num>(2)</num><content>In determining a request referred to <ins class="first last" ukl:ChangeId="d29p16051" ukl:CommentaryRef="c1252199"><noteRef uk:name="commentary" href="#c1252199" class="commentary"/>him</ins> under this paragraph, the <ins class="first last" ukl:ChangeId="d29p16055" ukl:CommentaryRef="c1252198"><noteRef uk:name="commentary" href="#c1252198" class="commentary"/>Secretary of State</ins> shall have the same powers as the authority making the reference.</content></subparagraph><subparagraph eId="schedule-6-paragraph-30-3"><num>(3)</num><content>The determination by the <ins class="first last" ukl:ChangeId="d29p16065" ukl:CommentaryRef="c1252198"><noteRef uk:name="commentary" href="#c1252198" class="commentary"/>Secretary of State</ins> of a request referred to <ins class="first last" ukl:ChangeId="d29p16069" ukl:CommentaryRef="c1252199"><noteRef uk:name="commentary" href="#c1252199" class="commentary"/>him</ins> under this paragraph shall be final.</content></subparagraph><subparagraph eId="schedule-6-paragraph-30-4"><num>(4)</num><intro>Directions under this paragraph may—</intro><level class="para1" eId="schedule-6-paragraph-30-4-a"><num>(a)</num><content>be given in relation to a specified request or requests of a specified description, and</content></level><level class="para1" eId="schedule-6-paragraph-30-4-b"><num>(b)</num><content>cancel or vary previous directions under this paragraph.</content></level></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-31" class="schProv1"><num>31</num><subparagraph eId="schedule-6-paragraph-31-1"><num>(1)</num><content>The <ins class="first last" ukl:ChangeId="d29p16102" ukl:CommentaryRef="c1252204"><noteRef uk:name="commentary" href="#c1252204" class="commentary"/>Secretary of State</ins> may by directions restrict a planning authority’s powers in relation to the grant of approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-31-2"><num>(2)</num><intro>Directions under this paragraph may—</intro><level class="para1" eId="schedule-6-paragraph-31-2-a"><num>(a)</num><content>be given in relation to a specified approval or approvals of a specified description,</content></level><level class="para1" eId="schedule-6-paragraph-31-2-b"><num>(b)</num><content>be expressed to have effect without limit of time or during a specified period, and</content></level><level class="para1" eId="schedule-6-paragraph-31-2-c"><num>(c)</num><content>cancel or vary previous directions under this paragraph.</content></level></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-IV-crossheading-appeals"><heading> Appeals</heading><paragraph eId="schedule-6-paragraph-32" class="schProv1"><num>32</num><subparagraph eId="schedule-6-paragraph-32-1"><num>(1)</num><content>Where the nominated undertaker is aggrieved by a decision of a planning authority on a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule (including a decision under sub-paragraph (2) of paragraph 5, 6, 14, 15, 21 or 22 above), it may appeal to the <ins class="first last" ukl:ChangeId="d29p16145" ukl:CommentaryRef="c1252205"><noteRef uk:name="commentary" href="#c1252205" class="commentary"/>Secretary of State</ins> by giving notice of the appeal in the prescribed form to <ins class="first last" ukl:ChangeId="d29p16149" ukl:CommentaryRef="c1252206"><noteRef uk:name="commentary" href="#c1252206" class="commentary"/>him</ins> and the authority whose decision is appealed against within 28 days of notification of the decision.</content></subparagraph><subparagraph eId="schedule-6-paragraph-32-2"><num>(2)</num><content>On an appeal under this paragraph, the <ins class="first last" ukl:ChangeId="d29p16159" ukl:CommentaryRef="c1252205"><noteRef uk:name="commentary" href="#c1252205" class="commentary"/>Secretary of State</ins> may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against, but may only make a determination involving the refusal of, or imposition of conditions on, approval on grounds open to that authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-32-3"><num>(3)</num><intro>Where, following receipt by a planning authority of a request by the nominated undertaker for relevant approval, the authority does not notify the undertaker within the appropriate period—</intro><level class="para1" eId="schedule-6-paragraph-32-3-a"><num>(a)</num><content>of its decision on the request, or</content></level><level class="para1" eId="schedule-6-paragraph-32-3-b"><num>(b)</num><content>that the request has been referred to the <ins class="first last" ukl:ChangeId="d29p16181" ukl:CommentaryRef="c1252205"><noteRef uk:name="commentary" href="#c1252205" class="commentary"/>Secretary of State</ins> in accordance with directions under paragraph 30 above,</content></level><wrapUp>this paragraph shall apply as if the authority had refused the request and notified the undertaker of its decision on the last day of the appropriate period.</wrapUp></subparagraph><subparagraph eId="schedule-6-paragraph-32-4"><num>(4)</num><content>For the purposes of sub-paragraph (3) above, the appropriate period is the period of 8 weeks beginning with the date on which the request was received by the planning authority or such extended period as may at any time be agreed upon in writing between the authority and the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-32-5"><num>(5)</num><content>The <ins class="first last" ukl:ChangeId="d29p16199" ukl:CommentaryRef="c1252205"><noteRef uk:name="commentary" href="#c1252205" class="commentary"/>Secretary of State</ins> may by regulations make provision for the extension of the appropriate period for the purposes of sub-paragraph (3) above in connection with the payment of fees by means of cheque.</content></subparagraph><subparagraph eId="schedule-6-paragraph-32-6"><num>(6)</num><content>The power to make regulations under sub-paragraph (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subparagraph><subparagraph eId="schedule-6-paragraph-32-7"><num>(7)</num><content>In this paragraph, “<term refersTo="#term-prescribed" eId="term-prescribed">prescribed</term>” means prescribed by regulations made by the <ins class="first last" ukl:ChangeId="d29p16218" ukl:CommentaryRef="c1252205"><noteRef uk:name="commentary" href="#c1252205" class="commentary"/>Secretary of State</ins>.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-33" class="schProv1"><num>33</num><content>No appeal under section 78 of the <noteRef href="#c1252211" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990 (right to appeal against planning decisions and failure to take such decisions) may be made against a decision, or failure to notify a decision, in relation to which a right of appeal arises under paragraph 32 above.</content></paragraph><paragraph eId="schedule-6-paragraph-34" class="schProv1"><num>34</num><subparagraph eId="schedule-6-paragraph-34-1"><num>(1)</num><content>Unless the <ins class="first last" ukl:ChangeId="d29p16242" ukl:CommentaryRef="c1252212"><noteRef uk:name="commentary" href="#c1252212" class="commentary"/>Secretary of State</ins><ins class="first last" ukl:ChangeId="d29p16245" ukl:CommentaryRef="c1252213"><noteRef uk:name="commentary" href="#c1252213" class="commentary"/>directs</ins> otherwise, <ins class="first last" ukl:ChangeId="d29p16249" ukl:CommentaryRef="c1252213"><noteRef uk:name="commentary" href="#c1252213" class="commentary"/>his</ins> functions in relation to the determination of an appeal under paragraph 32 above shall, instead of being carried out by <ins class="first last" ukl:ChangeId="d29p16253" ukl:CommentaryRef="c1252213"><noteRef uk:name="commentary" href="#c1252213" class="commentary"/>him</ins>, be carried out by a person appointed by <ins class="first last" ukl:ChangeId="d29p16257" ukl:CommentaryRef="c1252213"><noteRef uk:name="commentary" href="#c1252213" class="commentary"/>him</ins> for the purpose.</content></subparagraph><subparagraph eId="schedule-6-paragraph-34-2"><num>(2)</num><content>The <ins class="first last" ukl:ChangeId="d29p16267" ukl:CommentaryRef="c1252212"><noteRef uk:name="commentary" href="#c1252212" class="commentary"/>Secretary of State</ins> may by a further direction revoke a direction under sub-paragraph (1) above at any time before the determination of the appeal.</content></subparagraph><subparagraph eId="schedule-6-paragraph-34-3"><num>(3)</num><content>A direction under sub-paragraph (1) or (2) above shall be served on the nominated undertaker and the planning authority whose decision is appealed against.</content></subparagraph><subparagraph eId="schedule-6-paragraph-34-4"><num>(4)</num><content>At any time before the determination of an appeal by a person appointed for the purpose under this paragraph, the <ins class="first last" ukl:ChangeId="d29p16283" ukl:CommentaryRef="c1252212"><noteRef uk:name="commentary" href="#c1252212" class="commentary"/>Secretary of State</ins> may revoke his appointment and appoint another person to determine the appeal instead.</content></subparagraph><subparagraph eId="schedule-6-paragraph-34-5"><num>(5)</num><content>Where the function of determining an appeal under paragraph 32 above is transferred from one person to another, the person to whom the function is transferred shall consider the matter afresh, but the fact that the function is transferred shall not entitle any person to make fresh representations or to modify or withdraw any representations already made.</content></subparagraph><subparagraph eId="schedule-6-paragraph-34-6"><num>(6)</num><content>If the <ins class="first last" ukl:ChangeId="d29p16299" ukl:CommentaryRef="c1252212"><noteRef uk:name="commentary" href="#c1252212" class="commentary"/>Secretary of State</ins><ins class="first last" ukl:ChangeId="d29p16302" ukl:CommentaryRef="c1252220"><noteRef uk:name="commentary" href="#c1252220" class="commentary"/>determines</ins> an appeal which another person was previously appointed to determine, <ins class="first last" ukl:ChangeId="d29p16306" ukl:CommentaryRef="c1252220"><noteRef uk:name="commentary" href="#c1252220" class="commentary"/>he</ins> may, in determining it, take into account any report made to <ins class="first last" ukl:ChangeId="d29p16310" ukl:CommentaryRef="c1252220"><noteRef uk:name="commentary" href="#c1252220" class="commentary"/>him</ins> by that person.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-35" class="schProv1"><num>35</num><content>The decision of the person appointed under paragraph 34 above, or, as the case may be, of the <ins class="first last" ukl:ChangeId="d29p16321" ukl:CommentaryRef="c1252223"><noteRef uk:name="commentary" href="#c1252223" class="commentary"/>Secretary of State</ins>, on an appeal under paragraph 32 above shall be final.</content></paragraph><paragraph eId="schedule-6-paragraph-36" class="schProv1"><num>36</num><subparagraph eId="schedule-6-paragraph-36-1"><num>(1)</num><content>An appeal under paragraph 32 above shall be dealt with on the basis of written representations, unless the person deciding the appeal directs otherwise.</content></subparagraph><subparagraph eId="schedule-6-paragraph-36-2"><num>(2)</num><content>Subject to that, the <ins class="first last" ukl:ChangeId="d29p16342" ukl:CommentaryRef="c1252224"><noteRef uk:name="commentary" href="#c1252224" class="commentary"/>Secretary of State</ins> may by regulations make such provision as <ins class="first last" ukl:ChangeId="d29p16346" ukl:CommentaryRef="c1252225"><noteRef uk:name="commentary" href="#c1252225" class="commentary"/>he thinks</ins> fit about procedure in relation to appeals under paragraph 32 above.</content></subparagraph><subparagraph eId="schedule-6-paragraph-36-3"><num>(3)</num><intro>Regulations under sub-paragraph (2) above may, in particular—</intro><level class="para1" eId="schedule-6-paragraph-36-3-a"><num>(a)</num><content>make provision for a time limit within which any person entitled to make representations must submit them in writing and any supporting documents,</content></level><level class="para1" eId="schedule-6-paragraph-36-3-b"><num>(b)</num><content>empower the person deciding an appeal to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit, and</content></level><level class="para1" eId="schedule-6-paragraph-36-3-c"><num>(c)</num><content>empower the person deciding an appeal, after giving written notice of his intention to do so to the nominated undertaker and the planning authority whose decision is appealed against, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-36-4"><num>(4)</num><intro>Regulations under sub-paragraph (2) above may, in relation to such a time limit as is mentioned in sub-paragraph (3)(a) above—</intro><level class="para1" eId="schedule-6-paragraph-36-4-a"><num>(a)</num><content>prescribe the time limit in the regulations, or</content></level><level class="para1" eId="schedule-6-paragraph-36-4-b"><num>(b)</num><content>enable the <ins class="first last" ukl:ChangeId="d29p16392">Secretary of State</ins> to give directions setting the time limit in a particular case or class of case.</content></level></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-37" class="schProv1"><num>37</num><subparagraph eId="schedule-6-paragraph-37-1"><num>(1)</num><content>Regulations under paragraph 32 or 36 above may make different provision for different cases.</content></subparagraph><subparagraph eId="schedule-6-paragraph-37-2"><num>(2)</num><content>The power to make regulations under paragraph 32 or 36 above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-IV-crossheading-interpretation"><heading> Interpretation</heading><paragraph eId="schedule-6-paragraph-38" class="schProv1"><num>38</num><subparagraph eId="schedule-6-paragraph-38-1"><num>(1)</num><intro>In this Schedule—</intro><hcontainer name="definition"><intro>“<term refersTo="#term-building" eId="term-building">building</term>” includes any structure, other than—</intro><level class="para1"><num>(a)</num><content>anything in the nature of plant or machinery,</content></level><level class="para1"><num>(b)</num><content>any gate, fence, wall or other means of enclosure, or</content></level><level class="para1"><num>(c)</num><content>any tunnel, earthwork or railway track bed,</content></level><wrapUp>but does not include anything temporary or, except where forming part of a station and intended for public use, anything underground;</wrapUp></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-deemed-planning-permission" eId="term-deemed-planning-permission">deemed planning permission</term>” means the planning permission deemed by section 9 above to be granted;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-development" eId="term-development">development</term>” has the same meaning as in the <noteRef href="#c1252227" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-permitted-development" eId="term-permitted-development">permitted development</term>” means development to which the deemed planning permission relates.</content></hcontainer></subparagraph><subparagraph eId="schedule-6-paragraph-38-2"><num>(2)</num><intro>In this Schedule—</intro><level class="para1" eId="schedule-6-paragraph-38-2-a"><num><noteRef href="#c1252228" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>(a)</num><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></level><level class="para1" eId="schedule-6-paragraph-38-2-b"><num>(b)</num><content>references to land within the relevant limits are to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-38-3"><num>(3)</num><content>For the purposes of this Schedule, spoil or top soil is surplus if it is not used for the purposes of any of the works authorised by this Part of this Act.</content></subparagraph></paragraph></hcontainer></part>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-IV-crossheading-programming-of-requests-for-planning-approvals"><heading> Programming of requests for planning approvals</heading><paragraph eId="schedule-6-paragraph-26" class="schProv1"><num>26</num><intro>A planning authority shall not be required to entertain a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule unless—</intro><level class="para1" eId="schedule-6-paragraph-26-a"><num>(a)</num><content>the nominated undertaker has deposited with the authority a document setting out its proposed programme with respect to the making of requests under that Part to the authority, and</content></level><level class="para1" eId="schedule-6-paragraph-26-b"><num>(b)</num><content>the request is accompanied by a document explaining how the matters to which the request relates fit into the overall scheme of the works authorised by this Part of this Act.</content></level></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-6-paragraph-28" class="schProv1"><num>28</num><subparagraph eId="schedule-6-paragraph-28-1"><num>(1)</num><intro>Where a planning authority considers that a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule relates to matters which may affect—</intro><level class="para1" eId="schedule-6-paragraph-28-1-a"><num>(a)</num><content>the conservation of the natural beauty or amenity of inland or coastal waters or land associated with such waters,</content></level><level class="para1" eId="schedule-6-paragraph-28-1-b"><num>(b)</num><content>the conservation of flora or fauna which are dependent on an aquatic environment, or</content></level><level class="para1" eId="schedule-6-paragraph-28-1-c"><num>(c)</num><content>the use of such waters or land for recreational purposes,</content></level><wrapUp>it shall, within 5 days of receiving the request, invite the Environment Agency to make representations.</wrapUp></subparagraph><subparagraph eId="schedule-6-paragraph-28-2"><num>(2)</num><intro>Where under sub-paragraph (1) above a planning authority has invited the Environment Agency to make representations about a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule, it shall not make any decision about the request until—</intro><level class="para1" eId="schedule-6-paragraph-28-2-a"><num>(a)</num><content>it has received representations from the Agency about the request,</content></level><level class="para1" eId="schedule-6-paragraph-28-2-b"><num>(b)</num><content>it has been informed by the Agency that it does not wish to make any representations about the request, or</content></level><level class="para1" eId="schedule-6-paragraph-28-2-c"><num>(c)</num><content>21 days have elapsed since the date of the invitation.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-28-3"><num>(3)</num><content>An invitation under sub-paragraph (1) above shall specify the time limit for making representations.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-6-paragraph-29" class="schProv1"><num>29</num><subparagraph eId="schedule-6-paragraph-29-1"><num>(1)</num><content>Where a planning authority considers that a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule relates to matters which may affect the Lee Valley Regional Park, it shall, within 5 days of receiving the request, invite the Lee Valley Regional Park Authority to make representations.</content></subparagraph><subparagraph eId="schedule-6-paragraph-29-2"><num>(2)</num><intro>Where under sub-paragraph (1) above a planning authority has invited the Lee Valley Regional Park Authority to make representations about a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule, it shall not make any decision about the request until—</intro><level class="para1" eId="schedule-6-paragraph-29-2-a"><num>(a)</num><content>it has received representations from the Authority about the request,</content></level><level class="para1" eId="schedule-6-paragraph-29-2-b"><num>(b)</num><content>it has been informed by the Authority that it does not wish to make any representations about the request, or</content></level><level class="para1" eId="schedule-6-paragraph-29-2-c"><num>(c)</num><content>21 days have elapsed since the date of the invitation.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-29-3"><num>(3)</num><content>An invitation under sub-paragraph (1) above shall specify the time limit for making representations.</content></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-IV-crossheading-intervention-by-secretary-of-state"><heading> Intervention by Secretary of State</heading><paragraph eId="schedule-6-paragraph-30" class="schProv1"><num>30</num><subparagraph eId="schedule-6-paragraph-30-1"><num>(1)</num><content>The <ins class="first last" ukl:ChangeId="d29p16037" ukl:CommentaryRef="c1252198"><noteRef uk:name="commentary" href="#c1252198" class="commentary"/>Secretary of State</ins> may by directions require a planning authority to refer any request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule to <ins class="first last" ukl:ChangeId="d29p16041" ukl:CommentaryRef="c1252199"><noteRef uk:name="commentary" href="#c1252199" class="commentary"/>him</ins>.</content></subparagraph><subparagraph eId="schedule-6-paragraph-30-2"><num>(2)</num><content>In determining a request referred to <ins class="first last" ukl:ChangeId="d29p16051" ukl:CommentaryRef="c1252199"><noteRef uk:name="commentary" href="#c1252199" class="commentary"/>him</ins> under this paragraph, the <ins class="first last" ukl:ChangeId="d29p16055" ukl:CommentaryRef="c1252198"><noteRef uk:name="commentary" href="#c1252198" class="commentary"/>Secretary of State</ins> shall have the same powers as the authority making the reference.</content></subparagraph><subparagraph eId="schedule-6-paragraph-30-3"><num>(3)</num><content>The determination by the <ins class="first last" ukl:ChangeId="d29p16065" ukl:CommentaryRef="c1252198"><noteRef uk:name="commentary" href="#c1252198" class="commentary"/>Secretary of State</ins> of a request referred to <ins class="first last" ukl:ChangeId="d29p16069" ukl:CommentaryRef="c1252199"><noteRef uk:name="commentary" href="#c1252199" class="commentary"/>him</ins> under this paragraph shall be final.</content></subparagraph><subparagraph eId="schedule-6-paragraph-30-4"><num>(4)</num><intro>Directions under this paragraph may—</intro><level class="para1" eId="schedule-6-paragraph-30-4-a"><num>(a)</num><content>be given in relation to a specified request or requests of a specified description, and</content></level><level class="para1" eId="schedule-6-paragraph-30-4-b"><num>(b)</num><content>cancel or vary previous directions under this paragraph.</content></level></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-31" class="schProv1"><num>31</num><subparagraph eId="schedule-6-paragraph-31-1"><num>(1)</num><content>The <ins class="first last" ukl:ChangeId="d29p16102" ukl:CommentaryRef="c1252204"><noteRef uk:name="commentary" href="#c1252204" class="commentary"/>Secretary of State</ins> may by directions restrict a planning authority’s powers in relation to the grant of approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-31-2"><num>(2)</num><intro>Directions under this paragraph may—</intro><level class="para1" eId="schedule-6-paragraph-31-2-a"><num>(a)</num><content>be given in relation to a specified approval or approvals of a specified description,</content></level><level class="para1" eId="schedule-6-paragraph-31-2-b"><num>(b)</num><content>be expressed to have effect without limit of time or during a specified period, and</content></level><level class="para1" eId="schedule-6-paragraph-31-2-c"><num>(c)</num><content>cancel or vary previous directions under this paragraph.</content></level></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-6-paragraph-30" class="schProv1"><num>30</num><subparagraph eId="schedule-6-paragraph-30-1"><num>(1)</num><content>The <ins class="first last" ukl:ChangeId="d29p16037" ukl:CommentaryRef="c1252198"><noteRef uk:name="commentary" href="#c1252198" class="commentary"/>Secretary of State</ins> may by directions require a planning authority to refer any request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule to <ins class="first last" ukl:ChangeId="d29p16041" ukl:CommentaryRef="c1252199"><noteRef uk:name="commentary" href="#c1252199" class="commentary"/>him</ins>.</content></subparagraph><subparagraph eId="schedule-6-paragraph-30-2"><num>(2)</num><content>In determining a request referred to <ins class="first last" ukl:ChangeId="d29p16051" ukl:CommentaryRef="c1252199"><noteRef uk:name="commentary" href="#c1252199" class="commentary"/>him</ins> under this paragraph, the <ins class="first last" ukl:ChangeId="d29p16055" ukl:CommentaryRef="c1252198"><noteRef uk:name="commentary" href="#c1252198" class="commentary"/>Secretary of State</ins> shall have the same powers as the authority making the reference.</content></subparagraph><subparagraph eId="schedule-6-paragraph-30-3"><num>(3)</num><content>The determination by the <ins class="first last" ukl:ChangeId="d29p16065" ukl:CommentaryRef="c1252198"><noteRef uk:name="commentary" href="#c1252198" class="commentary"/>Secretary of State</ins> of a request referred to <ins class="first last" ukl:ChangeId="d29p16069" ukl:CommentaryRef="c1252199"><noteRef uk:name="commentary" href="#c1252199" class="commentary"/>him</ins> under this paragraph shall be final.</content></subparagraph><subparagraph eId="schedule-6-paragraph-30-4"><num>(4)</num><intro>Directions under this paragraph may—</intro><level class="para1" eId="schedule-6-paragraph-30-4-a"><num>(a)</num><content>be given in relation to a specified request or requests of a specified description, and</content></level><level class="para1" eId="schedule-6-paragraph-30-4-b"><num>(b)</num><content>cancel or vary previous directions under this paragraph.</content></level></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-6-paragraph-31" class="schProv1"><num>31</num><subparagraph eId="schedule-6-paragraph-31-1"><num>(1)</num><content>The <ins class="first last" ukl:ChangeId="d29p16102" ukl:CommentaryRef="c1252204"><noteRef uk:name="commentary" href="#c1252204" class="commentary"/>Secretary of State</ins> may by directions restrict a planning authority’s powers in relation to the grant of approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-31-2"><num>(2)</num><intro>Directions under this paragraph may—</intro><level class="para1" eId="schedule-6-paragraph-31-2-a"><num>(a)</num><content>be given in relation to a specified approval or approvals of a specified description,</content></level><level class="para1" eId="schedule-6-paragraph-31-2-b"><num>(b)</num><content>be expressed to have effect without limit of time or during a specified period, and</content></level><level class="para1" eId="schedule-6-paragraph-31-2-c"><num>(c)</num><content>cancel or vary previous directions under this paragraph.</content></level></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-IV-crossheading-appeals"><heading> Appeals</heading><paragraph eId="schedule-6-paragraph-32" class="schProv1"><num>32</num><subparagraph eId="schedule-6-paragraph-32-1"><num>(1)</num><content>Where the nominated undertaker is aggrieved by a decision of a planning authority on a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule (including a decision under sub-paragraph (2) of paragraph 5, 6, 14, 15, 21 or 22 above), it may appeal to the <ins class="first last" ukl:ChangeId="d29p16145" ukl:CommentaryRef="c1252205"><noteRef uk:name="commentary" href="#c1252205" class="commentary"/>Secretary of State</ins> by giving notice of the appeal in the prescribed form to <ins class="first last" ukl:ChangeId="d29p16149" ukl:CommentaryRef="c1252206"><noteRef uk:name="commentary" href="#c1252206" class="commentary"/>him</ins> and the authority whose decision is appealed against within 28 days of notification of the decision.</content></subparagraph><subparagraph eId="schedule-6-paragraph-32-2"><num>(2)</num><content>On an appeal under this paragraph, the <ins class="first last" ukl:ChangeId="d29p16159" ukl:CommentaryRef="c1252205"><noteRef uk:name="commentary" href="#c1252205" class="commentary"/>Secretary of State</ins> may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against, but may only make a determination involving the refusal of, or imposition of conditions on, approval on grounds open to that authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-32-3"><num>(3)</num><intro>Where, following receipt by a planning authority of a request by the nominated undertaker for relevant approval, the authority does not notify the undertaker within the appropriate period—</intro><level class="para1" eId="schedule-6-paragraph-32-3-a"><num>(a)</num><content>of its decision on the request, or</content></level><level class="para1" eId="schedule-6-paragraph-32-3-b"><num>(b)</num><content>that the request has been referred to the <ins class="first last" ukl:ChangeId="d29p16181" ukl:CommentaryRef="c1252205"><noteRef uk:name="commentary" href="#c1252205" class="commentary"/>Secretary of State</ins> in accordance with directions under paragraph 30 above,</content></level><wrapUp>this paragraph shall apply as if the authority had refused the request and notified the undertaker of its decision on the last day of the appropriate period.</wrapUp></subparagraph><subparagraph eId="schedule-6-paragraph-32-4"><num>(4)</num><content>For the purposes of sub-paragraph (3) above, the appropriate period is the period of 8 weeks beginning with the date on which the request was received by the planning authority or such extended period as may at any time be agreed upon in writing between the authority and the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-32-5"><num>(5)</num><content>The <ins class="first last" ukl:ChangeId="d29p16199" ukl:CommentaryRef="c1252205"><noteRef uk:name="commentary" href="#c1252205" class="commentary"/>Secretary of State</ins> may by regulations make provision for the extension of the appropriate period for the purposes of sub-paragraph (3) above in connection with the payment of fees by means of cheque.</content></subparagraph><subparagraph eId="schedule-6-paragraph-32-6"><num>(6)</num><content>The power to make regulations under sub-paragraph (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subparagraph><subparagraph eId="schedule-6-paragraph-32-7"><num>(7)</num><content>In this paragraph, “<term refersTo="#term-prescribed" eId="term-prescribed">prescribed</term>” means prescribed by regulations made by the <ins class="first last" ukl:ChangeId="d29p16218" ukl:CommentaryRef="c1252205"><noteRef uk:name="commentary" href="#c1252205" class="commentary"/>Secretary of State</ins>.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-33" class="schProv1"><num>33</num><content>No appeal under section 78 of the <noteRef href="#c1252211" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990 (right to appeal against planning decisions and failure to take such decisions) may be made against a decision, or failure to notify a decision, in relation to which a right of appeal arises under paragraph 32 above.</content></paragraph><paragraph eId="schedule-6-paragraph-34" class="schProv1"><num>34</num><subparagraph eId="schedule-6-paragraph-34-1"><num>(1)</num><content>Unless the <ins class="first last" ukl:ChangeId="d29p16242" ukl:CommentaryRef="c1252212"><noteRef uk:name="commentary" href="#c1252212" class="commentary"/>Secretary of State</ins><ins class="first last" ukl:ChangeId="d29p16245" ukl:CommentaryRef="c1252213"><noteRef uk:name="commentary" href="#c1252213" class="commentary"/>directs</ins> otherwise, <ins class="first last" ukl:ChangeId="d29p16249" ukl:CommentaryRef="c1252213"><noteRef uk:name="commentary" href="#c1252213" class="commentary"/>his</ins> functions in relation to the determination of an appeal under paragraph 32 above shall, instead of being carried out by <ins class="first last" ukl:ChangeId="d29p16253" ukl:CommentaryRef="c1252213"><noteRef uk:name="commentary" href="#c1252213" class="commentary"/>him</ins>, be carried out by a person appointed by <ins class="first last" ukl:ChangeId="d29p16257" ukl:CommentaryRef="c1252213"><noteRef uk:name="commentary" href="#c1252213" class="commentary"/>him</ins> for the purpose.</content></subparagraph><subparagraph eId="schedule-6-paragraph-34-2"><num>(2)</num><content>The <ins class="first last" ukl:ChangeId="d29p16267" ukl:CommentaryRef="c1252212"><noteRef uk:name="commentary" href="#c1252212" class="commentary"/>Secretary of State</ins> may by a further direction revoke a direction under sub-paragraph (1) above at any time before the determination of the appeal.</content></subparagraph><subparagraph eId="schedule-6-paragraph-34-3"><num>(3)</num><content>A direction under sub-paragraph (1) or (2) above shall be served on the nominated undertaker and the planning authority whose decision is appealed against.</content></subparagraph><subparagraph eId="schedule-6-paragraph-34-4"><num>(4)</num><content>At any time before the determination of an appeal by a person appointed for the purpose under this paragraph, the <ins class="first last" ukl:ChangeId="d29p16283" ukl:CommentaryRef="c1252212"><noteRef uk:name="commentary" href="#c1252212" class="commentary"/>Secretary of State</ins> may revoke his appointment and appoint another person to determine the appeal instead.</content></subparagraph><subparagraph eId="schedule-6-paragraph-34-5"><num>(5)</num><content>Where the function of determining an appeal under paragraph 32 above is transferred from one person to another, the person to whom the function is transferred shall consider the matter afresh, but the fact that the function is transferred shall not entitle any person to make fresh representations or to modify or withdraw any representations already made.</content></subparagraph><subparagraph eId="schedule-6-paragraph-34-6"><num>(6)</num><content>If the <ins class="first last" ukl:ChangeId="d29p16299" ukl:CommentaryRef="c1252212"><noteRef uk:name="commentary" href="#c1252212" class="commentary"/>Secretary of State</ins><ins class="first last" ukl:ChangeId="d29p16302" ukl:CommentaryRef="c1252220"><noteRef uk:name="commentary" href="#c1252220" class="commentary"/>determines</ins> an appeal which another person was previously appointed to determine, <ins class="first last" ukl:ChangeId="d29p16306" ukl:CommentaryRef="c1252220"><noteRef uk:name="commentary" href="#c1252220" class="commentary"/>he</ins> may, in determining it, take into account any report made to <ins class="first last" ukl:ChangeId="d29p16310" ukl:CommentaryRef="c1252220"><noteRef uk:name="commentary" href="#c1252220" class="commentary"/>him</ins> by that person.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-35" class="schProv1"><num>35</num><content>The decision of the person appointed under paragraph 34 above, or, as the case may be, of the <ins class="first last" ukl:ChangeId="d29p16321" ukl:CommentaryRef="c1252223"><noteRef uk:name="commentary" href="#c1252223" class="commentary"/>Secretary of State</ins>, on an appeal under paragraph 32 above shall be final.</content></paragraph><paragraph eId="schedule-6-paragraph-36" class="schProv1"><num>36</num><subparagraph eId="schedule-6-paragraph-36-1"><num>(1)</num><content>An appeal under paragraph 32 above shall be dealt with on the basis of written representations, unless the person deciding the appeal directs otherwise.</content></subparagraph><subparagraph eId="schedule-6-paragraph-36-2"><num>(2)</num><content>Subject to that, the <ins class="first last" ukl:ChangeId="d29p16342" ukl:CommentaryRef="c1252224"><noteRef uk:name="commentary" href="#c1252224" class="commentary"/>Secretary of State</ins> may by regulations make such provision as <ins class="first last" ukl:ChangeId="d29p16346" ukl:CommentaryRef="c1252225"><noteRef uk:name="commentary" href="#c1252225" class="commentary"/>he thinks</ins> fit about procedure in relation to appeals under paragraph 32 above.</content></subparagraph><subparagraph eId="schedule-6-paragraph-36-3"><num>(3)</num><intro>Regulations under sub-paragraph (2) above may, in particular—</intro><level class="para1" eId="schedule-6-paragraph-36-3-a"><num>(a)</num><content>make provision for a time limit within which any person entitled to make representations must submit them in writing and any supporting documents,</content></level><level class="para1" eId="schedule-6-paragraph-36-3-b"><num>(b)</num><content>empower the person deciding an appeal to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit, and</content></level><level class="para1" eId="schedule-6-paragraph-36-3-c"><num>(c)</num><content>empower the person deciding an appeal, after giving written notice of his intention to do so to the nominated undertaker and the planning authority whose decision is appealed against, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-36-4"><num>(4)</num><intro>Regulations under sub-paragraph (2) above may, in relation to such a time limit as is mentioned in sub-paragraph (3)(a) above—</intro><level class="para1" eId="schedule-6-paragraph-36-4-a"><num>(a)</num><content>prescribe the time limit in the regulations, or</content></level><level class="para1" eId="schedule-6-paragraph-36-4-b"><num>(b)</num><content>enable the <ins class="first last" ukl:ChangeId="d29p16392">Secretary of State</ins> to give directions setting the time limit in a particular case or class of case.</content></level></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-37" class="schProv1"><num>37</num><subparagraph eId="schedule-6-paragraph-37-1"><num>(1)</num><content>Regulations under paragraph 32 or 36 above may make different provision for different cases.</content></subparagraph><subparagraph eId="schedule-6-paragraph-37-2"><num>(2)</num><content>The power to make regulations under paragraph 32 or 36 above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-6-paragraph-32" class="schProv1"><num>32</num><subparagraph eId="schedule-6-paragraph-32-1"><num>(1)</num><content>Where the nominated undertaker is aggrieved by a decision of a planning authority on a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule (including a decision under sub-paragraph (2) of paragraph 5, 6, 14, 15, 21 or 22 above), it may appeal to the <ins class="first last" ukl:ChangeId="d29p16145" ukl:CommentaryRef="c1252205"><noteRef uk:name="commentary" href="#c1252205" class="commentary"/>Secretary of State</ins> by giving notice of the appeal in the prescribed form to <ins class="first last" ukl:ChangeId="d29p16149" ukl:CommentaryRef="c1252206"><noteRef uk:name="commentary" href="#c1252206" class="commentary"/>him</ins> and the authority whose decision is appealed against within 28 days of notification of the decision.</content></subparagraph><subparagraph eId="schedule-6-paragraph-32-2"><num>(2)</num><content>On an appeal under this paragraph, the <ins class="first last" ukl:ChangeId="d29p16159" ukl:CommentaryRef="c1252205"><noteRef uk:name="commentary" href="#c1252205" class="commentary"/>Secretary of State</ins> may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against, but may only make a determination involving the refusal of, or imposition of conditions on, approval on grounds open to that authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-32-3"><num>(3)</num><intro>Where, following receipt by a planning authority of a request by the nominated undertaker for relevant approval, the authority does not notify the undertaker within the appropriate period—</intro><level class="para1" eId="schedule-6-paragraph-32-3-a"><num>(a)</num><content>of its decision on the request, or</content></level><level class="para1" eId="schedule-6-paragraph-32-3-b"><num>(b)</num><content>that the request has been referred to the <ins class="first last" ukl:ChangeId="d29p16181" ukl:CommentaryRef="c1252205"><noteRef uk:name="commentary" href="#c1252205" class="commentary"/>Secretary of State</ins> in accordance with directions under paragraph 30 above,</content></level><wrapUp>this paragraph shall apply as if the authority had refused the request and notified the undertaker of its decision on the last day of the appropriate period.</wrapUp></subparagraph><subparagraph eId="schedule-6-paragraph-32-4"><num>(4)</num><content>For the purposes of sub-paragraph (3) above, the appropriate period is the period of 8 weeks beginning with the date on which the request was received by the planning authority or such extended period as may at any time be agreed upon in writing between the authority and the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-32-5"><num>(5)</num><content>The <ins class="first last" ukl:ChangeId="d29p16199" ukl:CommentaryRef="c1252205"><noteRef uk:name="commentary" href="#c1252205" class="commentary"/>Secretary of State</ins> may by regulations make provision for the extension of the appropriate period for the purposes of sub-paragraph (3) above in connection with the payment of fees by means of cheque.</content></subparagraph><subparagraph eId="schedule-6-paragraph-32-6"><num>(6)</num><content>The power to make regulations under sub-paragraph (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subparagraph><subparagraph eId="schedule-6-paragraph-32-7"><num>(7)</num><content>In this paragraph, “<term refersTo="#term-prescribed" eId="term-prescribed">prescribed</term>” means prescribed by regulations made by the <ins class="first last" ukl:ChangeId="d29p16218" ukl:CommentaryRef="c1252205"><noteRef uk:name="commentary" href="#c1252205" class="commentary"/>Secretary of State</ins>.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-6-paragraph-33" class="schProv1"><num>33</num><content>No appeal under section 78 of the <noteRef href="#c1252211" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990 (right to appeal against planning decisions and failure to take such decisions) may be made against a decision, or failure to notify a decision, in relation to which a right of appeal arises under paragraph 32 above.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-6-paragraph-34" class="schProv1"><num>34</num><subparagraph eId="schedule-6-paragraph-34-1"><num>(1)</num><content>Unless the <ins class="first last" ukl:ChangeId="d29p16242" ukl:CommentaryRef="c1252212"><noteRef uk:name="commentary" href="#c1252212" class="commentary"/>Secretary of State</ins><ins class="first last" ukl:ChangeId="d29p16245" ukl:CommentaryRef="c1252213"><noteRef uk:name="commentary" href="#c1252213" class="commentary"/>directs</ins> otherwise, <ins class="first last" ukl:ChangeId="d29p16249" ukl:CommentaryRef="c1252213"><noteRef uk:name="commentary" href="#c1252213" class="commentary"/>his</ins> functions in relation to the determination of an appeal under paragraph 32 above shall, instead of being carried out by <ins class="first last" ukl:ChangeId="d29p16253" ukl:CommentaryRef="c1252213"><noteRef uk:name="commentary" href="#c1252213" class="commentary"/>him</ins>, be carried out by a person appointed by <ins class="first last" ukl:ChangeId="d29p16257" ukl:CommentaryRef="c1252213"><noteRef uk:name="commentary" href="#c1252213" class="commentary"/>him</ins> for the purpose.</content></subparagraph><subparagraph eId="schedule-6-paragraph-34-2"><num>(2)</num><content>The <ins class="first last" ukl:ChangeId="d29p16267" ukl:CommentaryRef="c1252212"><noteRef uk:name="commentary" href="#c1252212" class="commentary"/>Secretary of State</ins> may by a further direction revoke a direction under sub-paragraph (1) above at any time before the determination of the appeal.</content></subparagraph><subparagraph eId="schedule-6-paragraph-34-3"><num>(3)</num><content>A direction under sub-paragraph (1) or (2) above shall be served on the nominated undertaker and the planning authority whose decision is appealed against.</content></subparagraph><subparagraph eId="schedule-6-paragraph-34-4"><num>(4)</num><content>At any time before the determination of an appeal by a person appointed for the purpose under this paragraph, the <ins class="first last" ukl:ChangeId="d29p16283" ukl:CommentaryRef="c1252212"><noteRef uk:name="commentary" href="#c1252212" class="commentary"/>Secretary of State</ins> may revoke his appointment and appoint another person to determine the appeal instead.</content></subparagraph><subparagraph eId="schedule-6-paragraph-34-5"><num>(5)</num><content>Where the function of determining an appeal under paragraph 32 above is transferred from one person to another, the person to whom the function is transferred shall consider the matter afresh, but the fact that the function is transferred shall not entitle any person to make fresh representations or to modify or withdraw any representations already made.</content></subparagraph><subparagraph eId="schedule-6-paragraph-34-6"><num>(6)</num><content>If the <ins class="first last" ukl:ChangeId="d29p16299" ukl:CommentaryRef="c1252212"><noteRef uk:name="commentary" href="#c1252212" class="commentary"/>Secretary of State</ins><ins class="first last" ukl:ChangeId="d29p16302" ukl:CommentaryRef="c1252220"><noteRef uk:name="commentary" href="#c1252220" class="commentary"/>determines</ins> an appeal which another person was previously appointed to determine, <ins class="first last" ukl:ChangeId="d29p16306" ukl:CommentaryRef="c1252220"><noteRef uk:name="commentary" href="#c1252220" class="commentary"/>he</ins> may, in determining it, take into account any report made to <ins class="first last" ukl:ChangeId="d29p16310" ukl:CommentaryRef="c1252220"><noteRef uk:name="commentary" href="#c1252220" class="commentary"/>him</ins> by that person.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-6-paragraph-35" class="schProv1"><num>35</num><content>The decision of the person appointed under paragraph 34 above, or, as the case may be, of the <ins class="first last" ukl:ChangeId="d29p16321" ukl:CommentaryRef="c1252223"><noteRef uk:name="commentary" href="#c1252223" class="commentary"/>Secretary of State</ins>, on an appeal under paragraph 32 above shall be final.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-6-paragraph-36" class="schProv1"><num>36</num><subparagraph eId="schedule-6-paragraph-36-1"><num>(1)</num><content>An appeal under paragraph 32 above shall be dealt with on the basis of written representations, unless the person deciding the appeal directs otherwise.</content></subparagraph><subparagraph eId="schedule-6-paragraph-36-2"><num>(2)</num><content>Subject to that, the <ins class="first last" ukl:ChangeId="d29p16342" ukl:CommentaryRef="c1252224"><noteRef uk:name="commentary" href="#c1252224" class="commentary"/>Secretary of State</ins> may by regulations make such provision as <ins class="first last" ukl:ChangeId="d29p16346" ukl:CommentaryRef="c1252225"><noteRef uk:name="commentary" href="#c1252225" class="commentary"/>he thinks</ins> fit about procedure in relation to appeals under paragraph 32 above.</content></subparagraph><subparagraph eId="schedule-6-paragraph-36-3"><num>(3)</num><intro>Regulations under sub-paragraph (2) above may, in particular—</intro><level class="para1" eId="schedule-6-paragraph-36-3-a"><num>(a)</num><content>make provision for a time limit within which any person entitled to make representations must submit them in writing and any supporting documents,</content></level><level class="para1" eId="schedule-6-paragraph-36-3-b"><num>(b)</num><content>empower the person deciding an appeal to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit, and</content></level><level class="para1" eId="schedule-6-paragraph-36-3-c"><num>(c)</num><content>empower the person deciding an appeal, after giving written notice of his intention to do so to the nominated undertaker and the planning authority whose decision is appealed against, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-36-4"><num>(4)</num><intro>Regulations under sub-paragraph (2) above may, in relation to such a time limit as is mentioned in sub-paragraph (3)(a) above—</intro><level class="para1" eId="schedule-6-paragraph-36-4-a"><num>(a)</num><content>prescribe the time limit in the regulations, or</content></level><level class="para1" eId="schedule-6-paragraph-36-4-b"><num>(b)</num><content>enable the <ins class="first last" ukl:ChangeId="d29p16392">Secretary of State</ins> to give directions setting the time limit in a particular case or class of case.</content></level></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-6-paragraph-37" class="schProv1"><num>37</num><subparagraph eId="schedule-6-paragraph-37-1"><num>(1)</num><content>Regulations under paragraph 32 or 36 above may make different provision for different cases.</content></subparagraph><subparagraph eId="schedule-6-paragraph-37-2"><num>(2)</num><content>The power to make regulations under paragraph 32 or 36 above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-IV-crossheading-interpretation"><heading> Interpretation</heading><paragraph eId="schedule-6-paragraph-38" class="schProv1"><num>38</num><subparagraph eId="schedule-6-paragraph-38-1"><num>(1)</num><intro>In this Schedule—</intro><hcontainer name="definition"><intro>“<term refersTo="#term-building" eId="term-building">building</term>” includes any structure, other than—</intro><level class="para1"><num>(a)</num><content>anything in the nature of plant or machinery,</content></level><level class="para1"><num>(b)</num><content>any gate, fence, wall or other means of enclosure, or</content></level><level class="para1"><num>(c)</num><content>any tunnel, earthwork or railway track bed,</content></level><wrapUp>but does not include anything temporary or, except where forming part of a station and intended for public use, anything underground;</wrapUp></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-deemed-planning-permission" eId="term-deemed-planning-permission">deemed planning permission</term>” means the planning permission deemed by section 9 above to be granted;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-development" eId="term-development">development</term>” has the same meaning as in the <noteRef href="#c1252227" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-permitted-development" eId="term-permitted-development">permitted development</term>” means development to which the deemed planning permission relates.</content></hcontainer></subparagraph><subparagraph eId="schedule-6-paragraph-38-2"><num>(2)</num><intro>In this Schedule—</intro><level class="para1" eId="schedule-6-paragraph-38-2-a"><num><noteRef href="#c1252228" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>(a)</num><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></level><level class="para1" eId="schedule-6-paragraph-38-2-b"><num>(b)</num><content>references to land within the relevant limits are to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-38-3"><num>(3)</num><content>For the purposes of this Schedule, spoil or top soil is surplus if it is not used for the purposes of any of the works authorised by this Part of this Act.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-6-paragraph-38" class="schProv1"><num>38</num><subparagraph eId="schedule-6-paragraph-38-1"><num>(1)</num><intro>In this Schedule—</intro><hcontainer name="definition"><intro>“<term refersTo="#term-building" eId="term-building">building</term>” includes any structure, other than—</intro><level class="para1"><num>(a)</num><content>anything in the nature of plant or machinery,</content></level><level class="para1"><num>(b)</num><content>any gate, fence, wall or other means of enclosure, or</content></level><level class="para1"><num>(c)</num><content>any tunnel, earthwork or railway track bed,</content></level><wrapUp>but does not include anything temporary or, except where forming part of a station and intended for public use, anything underground;</wrapUp></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-deemed-planning-permission" eId="term-deemed-planning-permission">deemed planning permission</term>” means the planning permission deemed by section 9 above to be granted;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-development" eId="term-development">development</term>” has the same meaning as in the <noteRef href="#c1252227" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-permitted-development" eId="term-permitted-development">permitted development</term>” means development to which the deemed planning permission relates.</content></hcontainer></subparagraph><subparagraph eId="schedule-6-paragraph-38-2"><num>(2)</num><intro>In this Schedule—</intro><level class="para1" eId="schedule-6-paragraph-38-2-a"><num><noteRef href="#c1252228" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>(a)</num><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></level><level class="para1" eId="schedule-6-paragraph-38-2-b"><num>(b)</num><content>references to land within the relevant limits are to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-38-3"><num>(3)</num><content>For the purposes of this Schedule, spoil or top soil is surplus if it is not used for the purposes of any of the works authorised by this Part of this Act.</content></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-7-crossheading-listed-buildings-and-conservation-areas"><heading> Listed buildings and conservation areas</heading><paragraph eId="schedule-7-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-7-paragraph-1-1"><num>(1)</num><intro>Subject to sub-paragraph (2) below, if a listed building was such a building immediately before 30th September 1994 and is specified in columns (1) and (2) of the following table—</intro><level class="para1" eId="schedule-7-paragraph-1-1-a"><num>(a)</num><content>section 7 of the <noteRef href="#c1252811" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Planning (Listed Buildings and Conservation Areas) Act 1990 (restriction on works affecting listed buildings) shall not apply to works carried out in relation to the building in exercise of the powers conferred by this Part of this Act,</content></level><level class="para1" eId="schedule-7-paragraph-1-1-b"><num>(b)</num><content>to the extent that a notice issued in relation to the building under section 38(1) of that Act (enforcement) requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Part of this Act, it shall not have effect or, as the case may be, shall cease to have effect,</content></level><level class="para1" eId="schedule-7-paragraph-1-1-c"><num>(c)</num><content>no steps may be taken in relation to the building under section 42(1) of that Act (execution of works specified in notice under section 38(1)) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above, and</content></level><level class="para1" eId="schedule-7-paragraph-1-1-d"><num>(d)</num><content>no works may be executed for the preservation of the building under section 54 of that Act (urgent works to preserve unoccupied listed buildings) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above.</content></level></subparagraph><subparagraph eId="schedule-7-paragraph-1-2"><num>(2)</num><content>In the case of any building specified in columns (1) and (2) of the following table in relation to which any description of works is specified in column (3) of that table, sub-paragraph (1) above shall have effect as if the references to works carried out in exercise of the powers conferred by this Part of this Act were, so far as concerns works of demolition or alteration (as opposed to extension), to works so carried out which are of a description specified in relation to it in that column.</content></subparagraph><subparagraph eId="schedule-7-crossheading-listed-buildings-and-conservation-areas_paragraph-1-3n1"><num>(3)</num><content>Paragraphs (a) to (d) of sub-paragraph (1) above shall also apply in relation to a listed building which was not such a building immediately before 30th September 1994.</content></subparagraph><subparagraph eId="schedule-7-crossheading-listed-buildings-and-conservation-areas_paragraph-1-3n2"><num>(3)</num><content>Paragraphs (a) to (d) of sub-paragraph (1) above shall also apply in relation to a listed building which was not such a building immediately before 30th September 1994.</content></subparagraph><subparagraph eId="schedule-7-paragraph-1-4"><num>(4)</num><intro>If a building included in a conservation area and not a listed building—</intro><level class="para1" eId="schedule-7-paragraph-1-4-a"><num>(a)</num><content>was not included in a conservation area immediately before 30th September 1994, or</content></level><level class="para1" eId="schedule-7-paragraph-1-4-b"><num>(b)</num><content>was included in such an area immediately before that date and is specified in columns (1) and (2) of the following table,</content></level><wrapUp>section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (control of demolition in conservation areas) shall not apply to the demolition of it in exercise of the powers conferred by this Part of this Act.</wrapUp></subparagraph><subparagraph eId="schedule-7-paragraph-1-5"><num>(5)</num><content>Anything which, by virtue of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (objects or structures fixed to, or within the curtilage of, a building), is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.</content></subparagraph><subparagraph eId="schedule-7-paragraph-1-6"><num>(6)</num><content>In this paragraph, “building”and “listed building” have the same meanings as in the Planning (Listed Buildings and Conservation Areas) Act 1990.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-7-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-7-paragraph-1-1"><num>(1)</num><intro>Subject to sub-paragraph (2) below, if a listed building was such a building immediately before 30th September 1994 and is specified in columns (1) and (2) of the following table—</intro><level class="para1" eId="schedule-7-paragraph-1-1-a"><num>(a)</num><content>section 7 of the <noteRef href="#c1252811" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Planning (Listed Buildings and Conservation Areas) Act 1990 (restriction on works affecting listed buildings) shall not apply to works carried out in relation to the building in exercise of the powers conferred by this Part of this Act,</content></level><level class="para1" eId="schedule-7-paragraph-1-1-b"><num>(b)</num><content>to the extent that a notice issued in relation to the building under section 38(1) of that Act (enforcement) requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Part of this Act, it shall not have effect or, as the case may be, shall cease to have effect,</content></level><level class="para1" eId="schedule-7-paragraph-1-1-c"><num>(c)</num><content>no steps may be taken in relation to the building under section 42(1) of that Act (execution of works specified in notice under section 38(1)) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above, and</content></level><level class="para1" eId="schedule-7-paragraph-1-1-d"><num>(d)</num><content>no works may be executed for the preservation of the building under section 54 of that Act (urgent works to preserve unoccupied listed buildings) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above.</content></level></subparagraph><subparagraph eId="schedule-7-paragraph-1-2"><num>(2)</num><content>In the case of any building specified in columns (1) and (2) of the following table in relation to which any description of works is specified in column (3) of that table, sub-paragraph (1) above shall have effect as if the references to works carried out in exercise of the powers conferred by this Part of this Act were, so far as concerns works of demolition or alteration (as opposed to extension), to works so carried out which are of a description specified in relation to it in that column.</content></subparagraph><subparagraph eId="schedule-7-crossheading-listed-buildings-and-conservation-areas_paragraph-1-3n1"><num>(3)</num><content>Paragraphs (a) to (d) of sub-paragraph (1) above shall also apply in relation to a listed building which was not such a building immediately before 30th September 1994.</content></subparagraph><subparagraph eId="schedule-7-crossheading-listed-buildings-and-conservation-areas_paragraph-1-3n2"><num>(3)</num><content>Paragraphs (a) to (d) of sub-paragraph (1) above shall also apply in relation to a listed building which was not such a building immediately before 30th September 1994.</content></subparagraph><subparagraph eId="schedule-7-paragraph-1-4"><num>(4)</num><intro>If a building included in a conservation area and not a listed building—</intro><level class="para1" eId="schedule-7-paragraph-1-4-a"><num>(a)</num><content>was not included in a conservation area immediately before 30th September 1994, or</content></level><level class="para1" eId="schedule-7-paragraph-1-4-b"><num>(b)</num><content>was included in such an area immediately before that date and is specified in columns (1) and (2) of the following table,</content></level><wrapUp>section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (control of demolition in conservation areas) shall not apply to the demolition of it in exercise of the powers conferred by this Part of this Act.</wrapUp></subparagraph><subparagraph eId="schedule-7-paragraph-1-5"><num>(5)</num><content>Anything which, by virtue of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (objects or structures fixed to, or within the curtilage of, a building), is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.</content></subparagraph><subparagraph eId="schedule-7-paragraph-1-6"><num>(6)</num><content>In this paragraph, “building”and “listed building” have the same meanings as in the Planning (Listed Buildings and Conservation Areas) Act 1990.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-7-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-7-paragraph-2-1"><num>(1)</num><intro>In the case of a listed building to which sub-paragraph (2) below applies—</intro><level class="para1" eId="schedule-7-paragraph-2-1-a"><num>(a)</num><content>section 7 of the <noteRef href="#c1252229" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Planning (Listed Buildings and Conservation Areas) Act 1990 shall not apply to any works for the alteration or extension of the building which are carried out, in exercise of the powers conferred by this Part of this Act, for the purpose of maintaining or restoring its character as a building of special architectural or historical interest,</content></level><level class="para1" eId="schedule-7-paragraph-2-1-b"><num>(b)</num><content>to the extent that a notice issued in relation to the building under section 38(1) of that Act requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Part of this Act, it shall not have effect or, as the case may be, shall cease to have effect,</content></level><level class="para1" eId="schedule-7-paragraph-2-1-c"><num>(c)</num><content>no steps may be taken in relation to the building under section 42(1) of that Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above, and</content></level><level class="para1" eId="schedule-7-paragraph-2-1-d"><num>(d)</num><content>no works may be executed for the preservation of the building under section 54 of that Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above.</content></level></subparagraph><subparagraph eId="schedule-7-paragraph-2-2"><num>(2)</num><intro>This sub-paragraph applies to a listed building if—</intro><level class="para1" eId="schedule-7-paragraph-2-2-a"><num>(a)</num><content>it was not such a building immediately before 30th September 1994, or</content></level><level class="para1" eId="schedule-7-paragraph-2-2-b"><num>(b)</num><content>it was such a building immediately before that date and is specified in the following table.</content></level></subparagraph><subparagraph eId="schedule-7-paragraph-2-3"><num>(3)</num><content>Anything which, by virtue of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990, is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.</content></subparagraph><subparagraph eId="schedule-7-paragraph-2-4"><num>(4)</num><content>In this paragraph, “<term refersTo="#term-building" eId="term-building">building</term>” and “<term refersTo="#term-listed-building" eId="term-listed-building">listed building</term>” have the same meanings as in the <noteRef href="#c1252230" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Planning (Listed Buildings and Conservation Areas) Act 1990.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-7-paragraph-3" class="schProv1"><num>3</num><content>Section 59 of the <noteRef href="#c1252231" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Planning (Listed Buildings and Conservation Areas) Act 1990 (acts causing or likely to result in damage to listed buildings) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.</content></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-7-crossheading-ancient-monuments-etc"><heading>Ancient monuments etc.</heading><paragraph eId="schedule-7-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-7-paragraph-4-1"><num>(1)</num><content>This paragraph has effect in relation to the <noteRef href="#m00100" uk:name="commentary" ukl:Name="MarginNoteRef" class="commentary"/>Ancient Monuments and Archaeological Areas Act 1979.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-2"><num>(2)</num><content>Section 2 (control of works affecting scheduled monuments) shall not apply to any works authorised by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-3"><num>(3)</num><content>The powers of entry conferred by section 6(1) (entry to ascertain condition of scheduled monument), section 6A(1) (entry to enforce control of works affecting scheduled monuments) and section 26 (entry to record matters of archaeological or historical interest) shall not be exercisable in relation to land used for or in connection with the carrying out of any of the works authorised by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-4"><num>(4)</num><content>The provisions of the Act with respect to the functions of a person as a guardian by virtue of the Act, and the provisions of any agreement under section 17 (agreement concerning ancient monuments and land in their vicinity), shall have effect subject to the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-5"><num>(5)</num><content>Section 19 (public access to monuments under public control) shall not apply in relation to a monument which is closed by the nominated undertaker for the purposes of, in connection with or in consequence of the carrying out of any of the works authorised by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-6"><num>(6)</num><content>Regulations under section 19(3) or (4A) (which may include provision prohibiting or regulating any act or thing which would tend to injure or disfigure a monument or its amenities or disturb the public in their enjoyment of it) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-7"><num>(7)</num><content>The power conferred by section 19(6) (power to refuse admission to monuments under public control) shall not be exercisable so as to prevent or restrict the exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-8"><num>(8)</num><intro>In section 25 (treatment of ancient monuments)—</intro><level class="para1" eId="schedule-7-paragraph-4-8-a"><num>(a)</num><content>subsection (2) (superintendence by the Historic Buildings and Monuments Commission for England) shall not authorise the superintendence of the carrying out of any of the works authorised by this Part of this Act, and</content></level><level class="para1" eId="schedule-7-paragraph-4-8-b"><num>(b)</num><content>subsection (3) (power of the Commission to charge for advice under subsection (1)) shall not apply in relation to advice given in connection with the carrying out of any of those works.</content></level></subparagraph><subparagraph eId="schedule-7-paragraph-4-9"><num>(9)</num><content>Section 28 (offence of damaging certain ancient monuments) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-10"><num>(10)</num><content>Section 35 (notice required of operations in areas of archaeological importance) shall not apply to operations carried out in exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-11"><num>(11)</num><content>Section 39(1) (power to investigate in advance of operations notice any site which may be acquired compulsorily) shall have effect as if operations carried out in exercise of the powers conferred by this Part of this Act with respect to works were exempt works for the purposes of that provision.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-12"><num>(12)</num><content>Section 42(1) (prohibition on use of metal detectors in protected places without consent) shall not apply to the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-13"><num>(13)</num><content>Section 42(3) (prohibition on removal without consent of object discovered by use of a metal detector in a protected place) shall not apply to the removal of objects discovered by the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph></paragraph><paragraph eId="schedule-7-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-7-paragraph-5-1"><num>(1)</num><content>The power of entry conferred by section 36(1) of the <noteRef href="#m00101" uk:name="commentary" ukl:Name="MarginNoteRef" class="commentary"/>National Heritage Act 1983 (entry to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall only be exercisable in relation to land used, or intended for use, for or in connection with the carrying out of any of the works authorised by this Part of this Act with the consent of the nominated undertaker, such consent not to be unreasonably withheld.</content></subparagraph><subparagraph eId="schedule-7-paragraph-5-2"><num>(2)</num><content>Consent for the purposes of sub-paragraph (1) above may be granted subject to compliance with any reasonable requirements or conditions imposed for reasons of safety or for the purpose of preventing interference with or delay to the works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-5-3"><num>(3)</num><content>Section 36(6) of the <noteRef href="#m00102" uk:name="commentary" ukl:Name="MarginNoteRef" class="commentary"/>National Heritage Act 1983 (which, in relation to land on which works are being carried out, regulates the exercise of the right to enter land to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall not apply in relation to land on which works authorised by this Part of this Act are being carried out.</content></subparagraph><subparagraph eId="schedule-7-paragraph-5-4"><num>(4)</num><content>Any dispute under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the appropriate Ministers acting jointly.</content></subparagraph><subparagraph eId="schedule-7-paragraph-5-5"><num>(5)</num><intro>In sub-paragraph (4) above, “appropriate Ministers” means—</intro><level class="para1" eId="schedule-7-paragraph-5-5-a"><num>(a)</num><content>in relation to a dispute about entry for the purpose of obtaining information about an ancient monument, the Secretary of State for National Heritage and the Secretary of State for Transport, and</content></level><level class="para1" eId="schedule-7-paragraph-5-5-b"><num>(b)</num><content>in relation to a dispute about entry for the purpose of obtaining information about an historic building, the Secretary of State for the Environment and the Secretary of State for Transport.</content></level></subparagraph><subparagraph eId="schedule-7-paragraph-5-6"><num>(6)</num><content>In sub-paragraph (5) above, “ancient monument” and “historic building” have the meanings given by section 33(8) of the National Heritage Act 1983.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-7-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-7-paragraph-4-1"><num>(1)</num><content>This paragraph has effect in relation to the <noteRef href="#c1252232" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Ancient Monuments and Archaeological Areas Act 1979.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-2"><num>(2)</num><content>Section 2 (control of works affecting scheduled monuments) shall not apply to any works authorised by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-3"><num>(3)</num><content>The powers of entry conferred by section 6(1) (entry to ascertain condition of scheduled monument), section 6A(1) (entry to enforce control of works affecting scheduled monuments) and section 26 (entry to record matters of archaeological or historical interest) shall not be exercisable in relation to land used for or in connection with the carrying out of any of the works authorised by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-4"><num>(4)</num><content>The provisions of the Act with respect to the functions of a person as a guardian by virtue of the Act, and the provisions of any agreement under section 17 (agreement concerning ancient monuments and land in their vicinity), shall have effect subject to the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-5"><num>(5)</num><content>Section 19 (public access to monuments under public control) shall not apply in relation to a monument which is closed by the nominated undertaker for the purposes of, in connection with or in consequence of the carrying out of any of the works authorised by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-6"><num>(6)</num><content>Regulations under section 19(3) or (4A) (which may include provision prohibiting or regulating any act or thing which would tend to injure or disfigure a monument or its amenities or disturb the public in their enjoyment of it) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-7"><num>(7)</num><content>The power conferred by section 19(6) (power to refuse admission to monuments under public control) shall not be exercisable so as to prevent or restrict the exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-8"><num>(8)</num><intro>In section 25 (treatment of ancient monuments)—</intro><level class="para1" eId="schedule-7-paragraph-4-8-a"><num>(a)</num><content>subsection (2) (superintendence by the Historic Buildings and Monuments Commission for England) shall not authorise the superintendence of the carrying out of any of the works authorised by this Part of this Act, and</content></level><level class="para1" eId="schedule-7-paragraph-4-8-b"><num>(b)</num><content>subsection (3) (power of the Commission to charge for advice under subsection (1)) shall not apply in relation to advice given in connection with the carrying out of any of those works.</content></level></subparagraph><subparagraph eId="schedule-7-paragraph-4-9"><num>(9)</num><content>Section 28 (offence of damaging certain ancient monuments) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-10"><num>(10)</num><content>Section 35 (notice required of operations in areas of archaeological importance) shall not apply to operations carried out in exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-11"><num>(11)</num><content>Section 39(1) (power to investigate in advance of operations notice any site which may be acquired compulsorily) shall have effect as if operations carried out in exercise of the powers conferred by this Part of this Act with respect to works were exempt works for the purposes of that provision.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-12"><num>(12)</num><content>Section 42(1) (prohibition on use of metal detectors in protected places without consent) shall not apply to the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-13"><num>(13)</num><content>Section 42(3) (prohibition on removal without consent of object discovered by use of a metal detector in a protected place) shall not apply to the removal of objects discovered by the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-7-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-7-paragraph-5-1"><num>(1)</num><content>The power of entry conferred by section 36(1) of the <noteRef href="#c1252253" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>National Heritage Act 1983 (entry to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall only be exercisable in relation to land used, or intended for use, for or in connection with the carrying out of any of the works authorised by this Part of this Act with the consent of the nominated undertaker, such consent not to be unreasonably withheld.</content></subparagraph><subparagraph eId="schedule-7-paragraph-5-2"><num>(2)</num><content>Consent for the purposes of sub-paragraph (1) above may be granted subject to compliance with any reasonable requirements or conditions imposed for reasons of safety or for the purpose of preventing interference with or delay to the works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-5-3"><num>(3)</num><content>Section 36(6) of the <noteRef href="#c1252254" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>National Heritage Act 1983 (which, in relation to land on which works are being carried out, regulates the exercise of the right to enter land to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall not apply in relation to land on which works authorised by this Part of this Act are being carried out.</content></subparagraph><subparagraph eId="schedule-7-paragraph-5-4"><num>(4)</num><content>Any dispute under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by <ins class="first last" ukl:ChangeId="d29p17202" ukl:CommentaryRef="c1252255"><noteRef uk:name="commentary" href="#c1252255" class="commentary"/>the appropriate Minister</ins>.</content></subparagraph><subparagraph eId="schedule-7-paragraph-5-5"><num>(5)</num><intro>In sub-paragraph (4) above, “<term refersTo="#term-appropriate-minister" eId="term-appropriate-minister">appropriate <ins class="first last" ukl:ChangeId="d29p17214" ukl:CommentaryRef="c1252256"><noteRef uk:name="commentary" href="#c1252256" class="commentary"/>Minister</ins></term>” means—</intro><level class="para1" eId="schedule-7-paragraph-5-5-a"><num>(a)</num><content>in relation to a dispute about entry for the purpose of obtaining information about an ancient monument, <ins class="first" ukl:ChangeId="d29p17224" ukl:CommentaryRef="c1252257"><noteRef uk:name="commentary" href="#c1252257" class="commentary"/><ins class="substitution first last" ukl:ChangeId="key-2013194b5d5f0f38d5b4a5f0c7514b29-1686915720151" ukl:CommentaryRef="key-2013194b5d5f0f38d5b4a5f0c7514b29"><noteRef uk:name="commentary" href="#key-2013194b5d5f0f38d5b4a5f0c7514b29" class="commentary"/>the Secretary of State for Culture, Media and Sport</ins></ins><ins ukl:ChangeId="d29p17224" ukl:CommentaryRef="c1252257"> and </ins><ins ukl:ChangeId="d29p17224" ukl:CommentaryRef="c1252257"><ins class="first last" ukl:ChangeId="d29p17229" ukl:CommentaryRef="c1252259"><noteRef uk:name="commentary" href="#c1252259" class="commentary"/>the Secretary of State for Transports</ins></ins><ins class="last" ukl:ChangeId="d29p17224" ukl:CommentaryRef="c1252257"> acting jointly</ins>, and</content></level><level class="para1" eId="schedule-7-paragraph-5-5-b"><num>(b)</num><content>in relation to a dispute about entry for the purpose of obtaining information about an historic building, <ins class="first last" ukl:ChangeId="d29p17241" ukl:CommentaryRef="c1252260"><noteRef uk:name="commentary" href="#c1252260" class="commentary"/>the Secretary of State</ins>.</content></level></subparagraph><subparagraph eId="schedule-7-paragraph-5-6"><num>(6)</num><content>In sub-paragraph (5) above, “<term refersTo="#term-ancient-monument" eId="term-ancient-monument">ancient monument</term>” and “<term refersTo="#term-historic-building" eId="term-historic-building">historic building</term>” have the meanings given by section 33(8) of the National Heritage Act 1983.</content></subparagraph></paragraph>

<part xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:default="http://www.w3.org/1999/xhtml" eId="schedule-7-part-1"><num>The Table</num><heading> Buildings Authorised to be Demolished</heading><intro><tblock class="table" ukl:Orientation="portrait"><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th><default:th>(3)</default:th></default:tr><default:tr><default:th>Area</default:th><default:th>Buildings authorised to be demolished</default:th><default:th>Limit of authorised demolition or alteration</default:th></default:tr><default:tr><default:th colspan="3">GREATER LONDON</default:th></default:tr><default:tr><default:td>London Borough of Camden</default:td><default:td><abbr title="Saint">St.</abbr> Pancras Station and Chambers comprising trainshed, Chambers and ancillary buildings, including those in the forecourt. Grade I.</default:td><default:td>Demolition of structures at ground and upper levels to the north and on the west side of the trainshed and alterations and partial demolition elsewhere.</default:td></default:tr><default:tr><default:td/><default:td>Great Northern Hotel, Pancras Road. Grade II.</default:td><default:td>Partial demolitions and alterations in service yard and remedial alterations elsewhere.</default:td></default:tr><default:tr><default:td/><default:td>26 Pancras Road (German Gymnasium). Grade II.</default:td><default:td>Demolition of entrance, including stairs and passageway, and western hall and alterations and partial demolition elsewhere.</default:td></default:tr><default:tr><default:td/><default:td>Kings Cross Station. Grade I.</default:td><default:td>Demolition of porte cochere and part of west side offices and remedial alterations elsewhere.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Front boundary wall to Euston Road Fire Brigade Station. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>Flats 1 to 20 Stanley Buildings, Stanley Passage (south side). Grade II.</default:td><default:td>Demolition of flats 1 to 10 and remedial alterations elsewhere.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">3 linked gas holders, Goods Way (west side). Grade II.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Water point north of <abbr title="Saint">St.</abbr> Pancras Station. Grade II.</default:td></default:tr><default:tr><default:td/><default:td colspan="2"><abbr title="Numbers">Nos.</abbr> 1 to 11 (odd) Euston Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Red Star Parcels office, Cheney Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Former Police buildings, Cheney Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Former Motorail Terminal, Cheney Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">South Side Buildings, Wellers Court.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">British Rail Staff Association Clubhouse, 2b Pancras Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Kings Cross taxi park cafe (temporary building), Pancras Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">22, 24, 28, 30 and 32 Pancras Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Buildings at 40 Pancras Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">1 to 4 Gas Works Cottages, Battle Bridge Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Single unlisted gas holder, associated gas governor and gas supply building and apparatus, Battle Bridge Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Units 1 to 6, 1 Battle Bridge Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">The Battle Bridge Centre, 2 to 6 Battle Bridge Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Warehouse, 1 and 2 Goods Way.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">1 Camley Street.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Fuel depot and electricity substation complex, Wharf Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Railway bridge (<abbr title="Number">No.</abbr> 8) over Regent’s Canal.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Railway bridge (<abbr title="Number">No.</abbr> 6) over Camley Street.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Light industrial unit, Camley Street (south of railway bridge <abbr title="Number">No.</abbr> 6).</default:td></default:tr><default:tr><default:td/><default:td colspan="2">2 solid waste transfer stations, Camley Street.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">2 unlisted gas holders, Camley Street (west side).</default:td></default:tr><default:tr><default:td/><default:td colspan="2"><abbr title="Number">No.</abbr> 1 Midland Road and railway bridge No.1, at the junction of Pancras Road and Goods Way.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Arches 42 to 47 inclusive, 48 to 54 (even), 58 to 90(a) (even) (east side of Pancras Road) and disused coal drops above.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Boundary wall to Neville Close and arches 113-115 (west side of Pancras Road).</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Walls along the west side of Midland Road, and along the south side of Brill Place, including incorporated structures at ground and upper levels.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Boundary walls and fences to east side of Pancras Road, south of Battle Bridge Road; north side of Clarence Passage; north and south sides of Stanley Passage; east and west side of Cheney Road; north and south sides of Battle Bridge Road; south side of Goods Way; north side of Goods Way, west of the concrete canal bridge; west side of Camley Street, south of the railway bridge; southern section of east side of Camley Street.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Any other walls, fences, parapets, bridge inverts, underground structures, plant, machinery and towpath works as required to be demolished to construct the works authorised by this Part of this Act within King’s Cross/<abbr title="Saint">St.</abbr> Pancras, Regent’s Canal, Camden Square and Bartholomew Estate Conservation Areas.</default:td></default:tr><default:tr><default:td>London Borough of Islington</default:td><default:td colspan="2">Caledonian Road and Barnsbury Station Ticket Office.</default:td></default:tr><default:tr><default:th colspan="3">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Cobham</default:td><default:td colspan="2">Parish boundary stone, Brewers Road. Grade II.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Charing</default:td><default:td colspan="2">Brockton, Egerton Road, Charing Heath. Grade II.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Weatherboarded barn to the east of Brockton. Grade II.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Hothfield</default:td><default:td colspan="2">Yonsea, Maidstone Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Oasthouse to the south of Yonsea, Maidstone Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Granary and cartshed to the north west of Yonsea, Maidstone Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Yonsea Bungalow, Maidstone Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Range of barns 50 metres to the north of Yonsea, Maidstone Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Range of barns 50 metres to the west of Yonsea, Maidstone Road. Grade II.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Town of Ashford</default:td><default:td colspan="2">2 Boys Hall Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">4 Boys Hall Road. Grade II.</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Sellindge</default:td><default:td colspan="2">Railway Cottages (Talbot House). Grade II.</default:td></default:tr></default:tbody></default:table></foreign></tblock></intro><paragraph eId="schedule-7-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-7-paragraph-2-1"><num>(1)</num><intro>In the case of a listed building to which sub-paragraph (2) below applies—</intro><level class="para1" eId="schedule-7-paragraph-2-1-a"><num>(a)</num><content>section 7 of the <noteRef href="#c1252229" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Planning (Listed Buildings and Conservation Areas) Act 1990 shall not apply to any works for the alteration or extension of the building which are carried out, in exercise of the powers conferred by this Part of this Act, for the purpose of maintaining or restoring its character as a building of special architectural or historical interest,</content></level><level class="para1" eId="schedule-7-paragraph-2-1-b"><num>(b)</num><content>to the extent that a notice issued in relation to the building under section 38(1) of that Act requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Part of this Act, it shall not have effect or, as the case may be, shall cease to have effect,</content></level><level class="para1" eId="schedule-7-paragraph-2-1-c"><num>(c)</num><content>no steps may be taken in relation to the building under section 42(1) of that Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above, and</content></level><level class="para1" eId="schedule-7-paragraph-2-1-d"><num>(d)</num><content>no works may be executed for the preservation of the building under section 54 of that Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above.</content></level></subparagraph><subparagraph eId="schedule-7-paragraph-2-2"><num>(2)</num><intro>This sub-paragraph applies to a listed building if—</intro><level class="para1" eId="schedule-7-paragraph-2-2-a"><num>(a)</num><content>it was not such a building immediately before 30th September 1994, or</content></level><level class="para1" eId="schedule-7-paragraph-2-2-b"><num>(b)</num><content>it was such a building immediately before that date and is specified in the following table.</content></level></subparagraph><subparagraph eId="schedule-7-paragraph-2-3"><num>(3)</num><content>Anything which, by virtue of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990, is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.</content></subparagraph><subparagraph eId="schedule-7-paragraph-2-4"><num>(4)</num><content>In this paragraph, “<term refersTo="#term-building" eId="term-building">building</term>” and “<term refersTo="#term-listed-building" eId="term-listed-building">listed building</term>” have the same meanings as in the <noteRef href="#c1252230" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Planning (Listed Buildings and Conservation Areas) Act 1990.</content></subparagraph></paragraph></part>

<part xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:default="http://www.w3.org/1999/xhtml" eId="schedule-7-part-2"><num>The Table</num><heading> Buildings Authorised to be Extended and Altered</heading><intro><tblock class="table" ukl:Orientation="portrait"><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Area</default:th><default:th>Building</default:th></default:tr><default:tr><default:th colspan="2">GREATER LONDON</default:th></default:tr><default:tr><default:td>London Borough of Camden</default:td><default:td>Flats 21 — 30 Stanley Buildings, Clarence Passage (north side). Grade II.</default:td></default:tr><default:tr><default:td/><default:td>Lock Keepers Cottage, Camley Street. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>The Granary, York Way. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>Gas holder, Goods Way (east side). Grade II.</default:td></default:tr><default:tr><default:td>London Borough of Islington</default:td><default:td>302 — 304 Liverpool Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>1 — 4 Highbury Place. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>Church of St Jude, Mildmay Grove. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>111 Mildmay Grove. Grade II.</default:td></default:tr><default:tr><default:td>London Borough of Hackney</default:td><default:td>Lodge to west entrance of the German Hospital, Ritson Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>Main block and attached extension to the east of the German Hospital, Ritson Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>Church of <abbr title="Saint">St.</abbr> Luke, Woodbine Terrace. Grade C.</default:td></default:tr><default:tr><default:td/><default:td>Mission Hall to the north of <abbr title="Saint">St.</abbr> Mary of Eton, Eastway. Grade II.</default:td></default:tr><default:tr><default:th colspan="2">COUNTY OF ESSEX</default:th></default:tr><default:tr><default:td>Borough of Thurrock</default:td><default:td>Barn to north of High House, London Road, Purfleet. Grade II.</default:td></default:tr><default:tr><default:th colspan="2">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Gravesham, Town of Gravesend</default:td><default:td>24/25 The Hill (Coach and Horses public house) Northfleet. Grade II.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Lenham</default:td><default:td>Oxley House, Boughton Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>Old Cottage and Water Street Cottage, Lenham Heath Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>Yew Tree Cottage, Hook Street, Lenham Heath. Grade II.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Charing</default:td><default:td>Rose Cottage, Westwell Leacon. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>The Old Parsonage Farmhouse, Maidstone Road. Grade II.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Town of Ashford</default:td><default:td>Industrial building belonging to Knowles Removals and Storage, Station Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>Willesborough and District Labour Club, Bentley Road. Grade II.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Sevington</default:td><default:td>Orchard Cottage, Church Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td><abbr title="Numbers">Nos.</abbr> 1 and 2 Maytree Cottages, Church Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>Bridge Cottage, Highfield Lane, Sevington. Grade II.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Mersham</default:td><default:td>Bridge House, Church Road. Grade II.</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Sellindge</default:td><default:td>Stream Cottage and Grove Bridge Cottage, Barrow Hill. Grade II.</default:td></default:tr></default:tbody></default:table></foreign></tblock></intro><paragraph eId="schedule-7-paragraph-3" class="schProv1"><num>3</num><content>Section 59 of the <noteRef href="#c1252231" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Planning (Listed Buildings and Conservation Areas) Act 1990 (acts causing or likely to result in damage to listed buildings) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.</content></paragraph><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-7-part-2-crossheading-ancient-monuments-etc"><heading> Ancient monuments <abbr title="et cetera" xml:lang="la">etc.</abbr></heading><paragraph eId="schedule-7-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-7-paragraph-4-1"><num>(1)</num><content>This paragraph has effect in relation to the <noteRef href="#c1252232" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Ancient Monuments and Archaeological Areas Act 1979.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-2"><num>(2)</num><content>Section 2 (control of works affecting scheduled monuments) shall not apply to any works authorised by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-3"><num>(3)</num><content>The powers of entry conferred by section 6(1) (entry to ascertain condition of scheduled monument), section 6A(1) (entry to enforce control of works affecting scheduled monuments) and section 26 (entry to record matters of archaeological or historical interest) shall not be exercisable in relation to land used for or in connection with the carrying out of any of the works authorised by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-4"><num>(4)</num><content>The provisions of the Act with respect to the functions of a person as a guardian by virtue of the Act, and the provisions of any agreement under section 17 (agreement concerning ancient monuments and land in their vicinity), shall have effect subject to the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-5"><num>(5)</num><content>Section 19 (public access to monuments under public control) shall not apply in relation to a monument which is closed by the nominated undertaker for the purposes of, in connection with or in consequence of the carrying out of any of the works authorised by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-6"><num>(6)</num><content>Regulations under section 19(3) or (4A) (which may include provision prohibiting or regulating any act or thing which would tend to injure or disfigure a monument or its amenities or disturb the public in their enjoyment of it) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-7"><num>(7)</num><content>The power conferred by section 19(6) (power to refuse admission to monuments under public control) shall not be exercisable so as to prevent or restrict the exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-8"><num>(8)</num><intro>In section 25 (treatment of ancient monuments)—</intro><level class="para1" eId="schedule-7-paragraph-4-8-a"><num>(a)</num><content>subsection (2) (superintendence by the Historic Buildings and Monuments Commission for England) shall not authorise the superintendence of the carrying out of any of the works authorised by this Part of this Act, and</content></level><level class="para1" eId="schedule-7-paragraph-4-8-b"><num>(b)</num><content>subsection (3) (power of the Commission to charge for advice under subsection (1)) shall not apply in relation to advice given in connection with the carrying out of any of those works.</content></level></subparagraph><subparagraph eId="schedule-7-paragraph-4-9"><num>(9)</num><content>Section 28 (offence of damaging certain ancient monuments) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-10"><num>(10)</num><content>Section 35 (notice required of operations in areas of archaeological importance) shall not apply to operations carried out in exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-11"><num>(11)</num><content>Section 39(1) (power to investigate in advance of operations notice any site which may be acquired compulsorily) shall have effect as if operations carried out in exercise of the powers conferred by this Part of this Act with respect to works were exempt works for the purposes of that provision.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-12"><num>(12)</num><content>Section 42(1) (prohibition on use of metal detectors in protected places without consent) shall not apply to the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-13"><num>(13)</num><content>Section 42(3) (prohibition on removal without consent of object discovered by use of a metal detector in a protected place) shall not apply to the removal of objects discovered by the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph></paragraph><paragraph eId="schedule-7-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-7-paragraph-5-1"><num>(1)</num><content>The power of entry conferred by section 36(1) of the <noteRef href="#c1252253" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>National Heritage Act 1983 (entry to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall only be exercisable in relation to land used, or intended for use, for or in connection with the carrying out of any of the works authorised by this Part of this Act with the consent of the nominated undertaker, such consent not to be unreasonably withheld.</content></subparagraph><subparagraph eId="schedule-7-paragraph-5-2"><num>(2)</num><content>Consent for the purposes of sub-paragraph (1) above may be granted subject to compliance with any reasonable requirements or conditions imposed for reasons of safety or for the purpose of preventing interference with or delay to the works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-5-3"><num>(3)</num><content>Section 36(6) of the <noteRef href="#c1252254" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>National Heritage Act 1983 (which, in relation to land on which works are being carried out, regulates the exercise of the right to enter land to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall not apply in relation to land on which works authorised by this Part of this Act are being carried out.</content></subparagraph><subparagraph eId="schedule-7-paragraph-5-4"><num>(4)</num><content>Any dispute under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by <ins class="first last" ukl:ChangeId="d29p17202" ukl:CommentaryRef="c1252255"><noteRef uk:name="commentary" href="#c1252255" class="commentary"/>the appropriate Minister</ins>.</content></subparagraph><subparagraph eId="schedule-7-paragraph-5-5"><num>(5)</num><intro>In sub-paragraph (4) above, “<term refersTo="#term-appropriate-minister" eId="term-appropriate-minister">appropriate <ins class="first last" ukl:ChangeId="d29p17214" ukl:CommentaryRef="c1252256"><noteRef uk:name="commentary" href="#c1252256" class="commentary"/>Minister</ins></term>” means—</intro><level class="para1" eId="schedule-7-paragraph-5-5-a"><num>(a)</num><content>in relation to a dispute about entry for the purpose of obtaining information about an ancient monument, <ins class="first" ukl:ChangeId="d29p17224" ukl:CommentaryRef="c1252257"><noteRef uk:name="commentary" href="#c1252257" class="commentary"/><ins class="substitution first last" ukl:ChangeId="key-2013194b5d5f0f38d5b4a5f0c7514b29-1686915720151" ukl:CommentaryRef="key-2013194b5d5f0f38d5b4a5f0c7514b29"><noteRef uk:name="commentary" href="#key-2013194b5d5f0f38d5b4a5f0c7514b29" class="commentary"/>the Secretary of State for Culture, Media and Sport</ins></ins><ins ukl:ChangeId="d29p17224" ukl:CommentaryRef="c1252257"> and </ins><ins ukl:ChangeId="d29p17224" ukl:CommentaryRef="c1252257"><ins class="first last" ukl:ChangeId="d29p17229" ukl:CommentaryRef="c1252259"><noteRef uk:name="commentary" href="#c1252259" class="commentary"/>the Secretary of State for Transports</ins></ins><ins class="last" ukl:ChangeId="d29p17224" ukl:CommentaryRef="c1252257"> acting jointly</ins>, and</content></level><level class="para1" eId="schedule-7-paragraph-5-5-b"><num>(b)</num><content>in relation to a dispute about entry for the purpose of obtaining information about an historic building, <ins class="first last" ukl:ChangeId="d29p17241" ukl:CommentaryRef="c1252260"><noteRef uk:name="commentary" href="#c1252260" class="commentary"/>the Secretary of State</ins>.</content></level></subparagraph><subparagraph eId="schedule-7-paragraph-5-6"><num>(6)</num><content>In sub-paragraph (5) above, “<term refersTo="#term-ancient-monument" eId="term-ancient-monument">ancient monument</term>” and “<term refersTo="#term-historic-building" eId="term-historic-building">historic building</term>” have the meanings given by section 33(8) of the National Heritage Act 1983.</content></subparagraph></paragraph></hcontainer></part>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-7-part-2-crossheading-ancient-monuments-etc"><heading> Ancient monuments <abbr title="et cetera" xml:lang="la">etc.</abbr></heading><paragraph eId="schedule-7-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-7-paragraph-4-1"><num>(1)</num><content>This paragraph has effect in relation to the <noteRef href="#c1252232" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Ancient Monuments and Archaeological Areas Act 1979.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-2"><num>(2)</num><content>Section 2 (control of works affecting scheduled monuments) shall not apply to any works authorised by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-3"><num>(3)</num><content>The powers of entry conferred by section 6(1) (entry to ascertain condition of scheduled monument), section 6A(1) (entry to enforce control of works affecting scheduled monuments) and section 26 (entry to record matters of archaeological or historical interest) shall not be exercisable in relation to land used for or in connection with the carrying out of any of the works authorised by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-4"><num>(4)</num><content>The provisions of the Act with respect to the functions of a person as a guardian by virtue of the Act, and the provisions of any agreement under section 17 (agreement concerning ancient monuments and land in their vicinity), shall have effect subject to the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-5"><num>(5)</num><content>Section 19 (public access to monuments under public control) shall not apply in relation to a monument which is closed by the nominated undertaker for the purposes of, in connection with or in consequence of the carrying out of any of the works authorised by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-6"><num>(6)</num><content>Regulations under section 19(3) or (4A) (which may include provision prohibiting or regulating any act or thing which would tend to injure or disfigure a monument or its amenities or disturb the public in their enjoyment of it) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-7"><num>(7)</num><content>The power conferred by section 19(6) (power to refuse admission to monuments under public control) shall not be exercisable so as to prevent or restrict the exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-8"><num>(8)</num><intro>In section 25 (treatment of ancient monuments)—</intro><level class="para1" eId="schedule-7-paragraph-4-8-a"><num>(a)</num><content>subsection (2) (superintendence by the Historic Buildings and Monuments Commission for England) shall not authorise the superintendence of the carrying out of any of the works authorised by this Part of this Act, and</content></level><level class="para1" eId="schedule-7-paragraph-4-8-b"><num>(b)</num><content>subsection (3) (power of the Commission to charge for advice under subsection (1)) shall not apply in relation to advice given in connection with the carrying out of any of those works.</content></level></subparagraph><subparagraph eId="schedule-7-paragraph-4-9"><num>(9)</num><content>Section 28 (offence of damaging certain ancient monuments) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-10"><num>(10)</num><content>Section 35 (notice required of operations in areas of archaeological importance) shall not apply to operations carried out in exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-11"><num>(11)</num><content>Section 39(1) (power to investigate in advance of operations notice any site which may be acquired compulsorily) shall have effect as if operations carried out in exercise of the powers conferred by this Part of this Act with respect to works were exempt works for the purposes of that provision.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-12"><num>(12)</num><content>Section 42(1) (prohibition on use of metal detectors in protected places without consent) shall not apply to the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-13"><num>(13)</num><content>Section 42(3) (prohibition on removal without consent of object discovered by use of a metal detector in a protected place) shall not apply to the removal of objects discovered by the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph></paragraph><paragraph eId="schedule-7-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-7-paragraph-5-1"><num>(1)</num><content>The power of entry conferred by section 36(1) of the <noteRef href="#c1252253" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>National Heritage Act 1983 (entry to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall only be exercisable in relation to land used, or intended for use, for or in connection with the carrying out of any of the works authorised by this Part of this Act with the consent of the nominated undertaker, such consent not to be unreasonably withheld.</content></subparagraph><subparagraph eId="schedule-7-paragraph-5-2"><num>(2)</num><content>Consent for the purposes of sub-paragraph (1) above may be granted subject to compliance with any reasonable requirements or conditions imposed for reasons of safety or for the purpose of preventing interference with or delay to the works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-5-3"><num>(3)</num><content>Section 36(6) of the <noteRef href="#c1252254" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>National Heritage Act 1983 (which, in relation to land on which works are being carried out, regulates the exercise of the right to enter land to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall not apply in relation to land on which works authorised by this Part of this Act are being carried out.</content></subparagraph><subparagraph eId="schedule-7-paragraph-5-4"><num>(4)</num><content>Any dispute under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by <ins class="first last" ukl:ChangeId="d29p17202" ukl:CommentaryRef="c1252255"><noteRef uk:name="commentary" href="#c1252255" class="commentary"/>the appropriate Minister</ins>.</content></subparagraph><subparagraph eId="schedule-7-paragraph-5-5"><num>(5)</num><intro>In sub-paragraph (4) above, “<term refersTo="#term-appropriate-minister" eId="term-appropriate-minister">appropriate <ins class="first last" ukl:ChangeId="d29p17214" ukl:CommentaryRef="c1252256"><noteRef uk:name="commentary" href="#c1252256" class="commentary"/>Minister</ins></term>” means—</intro><level class="para1" eId="schedule-7-paragraph-5-5-a"><num>(a)</num><content>in relation to a dispute about entry for the purpose of obtaining information about an ancient monument, <ins class="first" ukl:ChangeId="d29p17224" ukl:CommentaryRef="c1252257"><noteRef uk:name="commentary" href="#c1252257" class="commentary"/><ins class="substitution first last" ukl:ChangeId="key-2013194b5d5f0f38d5b4a5f0c7514b29-1686915720151" ukl:CommentaryRef="key-2013194b5d5f0f38d5b4a5f0c7514b29"><noteRef uk:name="commentary" href="#key-2013194b5d5f0f38d5b4a5f0c7514b29" class="commentary"/>the Secretary of State for Culture, Media and Sport</ins></ins><ins ukl:ChangeId="d29p17224" ukl:CommentaryRef="c1252257"> and </ins><ins ukl:ChangeId="d29p17224" ukl:CommentaryRef="c1252257"><ins class="first last" ukl:ChangeId="d29p17229" ukl:CommentaryRef="c1252259"><noteRef uk:name="commentary" href="#c1252259" class="commentary"/>the Secretary of State for Transports</ins></ins><ins class="last" ukl:ChangeId="d29p17224" ukl:CommentaryRef="c1252257"> acting jointly</ins>, and</content></level><level class="para1" eId="schedule-7-paragraph-5-5-b"><num>(b)</num><content>in relation to a dispute about entry for the purpose of obtaining information about an historic building, <ins class="first last" ukl:ChangeId="d29p17241" ukl:CommentaryRef="c1252260"><noteRef uk:name="commentary" href="#c1252260" class="commentary"/>the Secretary of State</ins>.</content></level></subparagraph><subparagraph eId="schedule-7-paragraph-5-6"><num>(6)</num><content>In sub-paragraph (5) above, “<term refersTo="#term-ancient-monument" eId="term-ancient-monument">ancient monument</term>” and “<term refersTo="#term-historic-building" eId="term-historic-building">historic building</term>” have the meanings given by section 33(8) of the National Heritage Act 1983.</content></subparagraph></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="schedule" eId="schedule-8"><num>SCHEDULE 8<authorialNote class="referenceNote">Section 13.</authorialNote></num><heading> Heritage: rights of entry</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-8-crossheading-historic-buildings-and-monuments-commission-for-england"><heading> Historic Buildings and Monuments Commission for England</heading><paragraph eId="schedule-8-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-8-paragraph-1-1"><num>(1)</num><intro>Any person duly authorised in writing by the Commission may at any reasonable time enter any land on which (or in or under which) a scheduled monument is situated—</intro><level class="para1" eId="schedule-8-paragraph-1-1-a"><num>(a)</num><content>for the purpose of observing or advising upon the exercise in relation to the land of any of the powers conferred by paragraph 10(1) of Schedule 2 to this Act, or</content></level><level class="para1" eId="schedule-8-paragraph-1-1-b"><num>(b)</num><content>for the purpose of inspecting, observing or advising upon the carrying out of any works on the land in exercise of any of the other powers conferred by this Part of this Act.</content></level></subparagraph><subparagraph eId="schedule-8-paragraph-1-2"><num>(2)</num><content>Any person duly authorised in writing by the Commission may at any reasonable time enter any land in Greater London for the purpose of inspecting or observing the carrying out in relation to any building on the land of any decontrolled works.</content></subparagraph><subparagraph eId="schedule-8-paragraph-1-3"><num>(3)</num><content>The right conferred by sub-paragraph (1) or (2) above shall not be exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.</content></subparagraph><subparagraph eId="schedule-8-paragraph-1-4"><num>(4)</num><content>A person exercising the right conferred by sub-paragraph (1) or (2) above shall comply with any directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.</content></subparagraph><subparagraph eId="schedule-8-paragraph-1-5"><num>(5)</num><content>In this paragraph, “<term refersTo="#term-decontrolled-works" eId="term-decontrolled-works">decontrolled works</term>” means works to which section 7 or 74 of the <noteRef href="#c1252261" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Planning (Listed Buildings and Conservation Areas) Act 1990 would apply, but for paragraph 1(1)(a), (3) or (4) or 2(1)(a) of Schedule 7 to this Act.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-8-crossheading-royal-commission-on-the-historical-monuments-of-england"><heading> Royal Commission on the Historical Monuments of England</heading><paragraph eId="schedule-8-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-8-paragraph-2-1"><num>(1)</num><intro>The nominated undertaker shall not carry out any decontrolled works consisting of the demolition of a building unless—</intro><level class="para1" eId="schedule-8-paragraph-2-1-a"><num>(a)</num><content>notice of the proposal to carry out the works has been given to the Royal Commission, and</content></level><level class="para1" eId="schedule-8-paragraph-2-1-b"><num>(b)</num><content>the appropriate period since the giving of the notice has elapsed.</content></level></subparagraph><subparagraph eId="schedule-8-paragraph-2-2"><num>(2)</num><content>Subject to sub-paragraph (3) below, the appropriate period for the purposes of sub-paragraph (1)(b) above is 8 weeks or such longer period as may have been agreed between the nominated undertaker and the Royal Commission.</content></subparagraph><subparagraph eId="schedule-8-paragraph-2-3"><num>(3)</num><content>In case of emergency, the appropriate period for the purposes of sub-paragraph (1)(b) above is such period as is reasonable in the circumstances.</content></subparagraph><subparagraph eId="schedule-8-paragraph-2-4"><num>(4)</num><content>In determining whether the appropriate period for the purposes of sub-paragraph (1)(b) above has elapsed, there shall be disregarded any day on which entry to the building is refused under paragraph 3(2) below.</content></subparagraph><subparagraph eId="schedule-8-paragraph-2-5"><num>(5)</num><content>In this paragraph, “<term refersTo="#term-decontrolled-works" eId="term-decontrolled-works">decontrolled works</term>” means works to which section 7 of the <noteRef href="#c1252262" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Planning (Listed Buildings and Conservation Areas) Act 1990 would apply, but for paragraph 1(1)(a) or (3) of Schedule 7 to this Act.</content></subparagraph></paragraph><paragraph eId="schedule-8-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-8-paragraph-3-1"><num>(1)</num><content>Following the giving of a notice under paragraph 2(1) above in relation to any building, any person duly authorised in writing by the Royal Commission may, at any reasonable time during the inspection period, enter the building for the purpose of recording it.</content></subparagraph><subparagraph eId="schedule-8-paragraph-3-2"><num>(2)</num><content>The right conferred by sub-paragraph (1) above shall not be exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.</content></subparagraph><subparagraph eId="schedule-8-paragraph-3-3"><num>(3)</num><content>A person exercising the right conferred by sub-paragraph (1) above shall comply with any directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.</content></subparagraph><subparagraph eId="schedule-8-paragraph-3-4"><num>(4)</num><content>For the purposes of sub-paragraph (1) above, the inspection period, in relation to a building which is the subject of a notice under paragraph 2(1) above, is the period beginning when the notice under that provision is given and ending when the prohibition under that provision ceases to apply to the building.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-8-crossheading-interpretation"><heading> Interpretation</heading><paragraph eId="schedule-8-paragraph-4" class="schProv1"><num>4</num><intro>In this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-the-commission" eId="term-the-commission">the Commission</term>” means the Historic Buildings and Monuments Commission for England;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-royal-commission" eId="term-the-royal-commission">the Royal Commission</term>” means the Royal Commission on the Historical Monuments of England;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-scheduled-monument" eId="term-scheduled-monument">scheduled monument</term>” has the same meaning as in the <noteRef href="#c1252263" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Ancient Monuments and Archaeological Areas Act 1979.</content></hcontainer></paragraph></hcontainer></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-8-crossheading-historic-buildings-and-monuments-commission-for-england"><heading> Historic Buildings and Monuments Commission for England</heading><paragraph eId="schedule-8-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-8-paragraph-1-1"><num>(1)</num><intro>Any person duly authorised in writing by the Commission may at any reasonable time enter any land on which (or in or under which) a scheduled monument is situated—</intro><level class="para1" eId="schedule-8-paragraph-1-1-a"><num>(a)</num><content>for the purpose of observing or advising upon the exercise in relation to the land of any of the powers conferred by paragraph 10(1) of Schedule 2 to this Act, or</content></level><level class="para1" eId="schedule-8-paragraph-1-1-b"><num>(b)</num><content>for the purpose of inspecting, observing or advising upon the carrying out of any works on the land in exercise of any of the other powers conferred by this Part of this Act.</content></level></subparagraph><subparagraph eId="schedule-8-paragraph-1-2"><num>(2)</num><content>Any person duly authorised in writing by the Commission may at any reasonable time enter any land in Greater London for the purpose of inspecting or observing the carrying out in relation to any building on the land of any decontrolled works.</content></subparagraph><subparagraph eId="schedule-8-paragraph-1-3"><num>(3)</num><content>The right conferred by sub-paragraph (1) or (2) above shall not be exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.</content></subparagraph><subparagraph eId="schedule-8-paragraph-1-4"><num>(4)</num><content>A person exercising the right conferred by sub-paragraph (1) or (2) above shall comply with any directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.</content></subparagraph><subparagraph eId="schedule-8-paragraph-1-5"><num>(5)</num><content>In this paragraph, “<term refersTo="#term-decontrolled-works" eId="term-decontrolled-works">decontrolled works</term>” means works to which section 7 or 74 of the <noteRef href="#c1252261" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Planning (Listed Buildings and Conservation Areas) Act 1990 would apply, but for paragraph 1(1)(a), (3) or (4) or 2(1)(a) of Schedule 7 to this Act.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-8-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-8-paragraph-1-1"><num>(1)</num><intro>Any person duly authorised in writing by the Commission may at any reasonable time enter any land on which (or in or under which) a scheduled monument is situated—</intro><level class="para1" eId="schedule-8-paragraph-1-1-a"><num>(a)</num><content>for the purpose of observing or advising upon the exercise in relation to the land of any of the powers conferred by paragraph 10(1) of Schedule 2 to this Act, or</content></level><level class="para1" eId="schedule-8-paragraph-1-1-b"><num>(b)</num><content>for the purpose of inspecting, observing or advising upon the carrying out of any works on the land in exercise of any of the other powers conferred by this Part of this Act.</content></level></subparagraph><subparagraph eId="schedule-8-paragraph-1-2"><num>(2)</num><content>Any person duly authorised in writing by the Commission may at any reasonable time enter any land in Greater London for the purpose of inspecting or observing the carrying out in relation to any building on the land of any decontrolled works.</content></subparagraph><subparagraph eId="schedule-8-paragraph-1-3"><num>(3)</num><content>The right conferred by sub-paragraph (1) or (2) above shall not be exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.</content></subparagraph><subparagraph eId="schedule-8-paragraph-1-4"><num>(4)</num><content>A person exercising the right conferred by sub-paragraph (1) or (2) above shall comply with any directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.</content></subparagraph><subparagraph eId="schedule-8-paragraph-1-5"><num>(5)</num><content>In this paragraph, “<term refersTo="#term-decontrolled-works" eId="term-decontrolled-works">decontrolled works</term>” means works to which section 7 or 74 of the <noteRef href="#c1252261" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Planning (Listed Buildings and Conservation Areas) Act 1990 would apply, but for paragraph 1(1)(a), (3) or (4) or 2(1)(a) of Schedule 7 to this Act.</content></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-8-crossheading-royal-commission-on-the-historical-monuments-of-england"><heading> Royal Commission on the Historical Monuments of England</heading><paragraph eId="schedule-8-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-8-paragraph-2-1"><num>(1)</num><intro>The nominated undertaker shall not carry out any decontrolled works consisting of the demolition of a building unless—</intro><level class="para1" eId="schedule-8-paragraph-2-1-a"><num>(a)</num><content>notice of the proposal to carry out the works has been given to the Royal Commission, and</content></level><level class="para1" eId="schedule-8-paragraph-2-1-b"><num>(b)</num><content>the appropriate period since the giving of the notice has elapsed.</content></level></subparagraph><subparagraph eId="schedule-8-paragraph-2-2"><num>(2)</num><content>Subject to sub-paragraph (3) below, the appropriate period for the purposes of sub-paragraph (1)(b) above is 8 weeks or such longer period as may have been agreed between the nominated undertaker and the Royal Commission.</content></subparagraph><subparagraph eId="schedule-8-paragraph-2-3"><num>(3)</num><content>In case of emergency, the appropriate period for the purposes of sub-paragraph (1)(b) above is such period as is reasonable in the circumstances.</content></subparagraph><subparagraph eId="schedule-8-paragraph-2-4"><num>(4)</num><content>In determining whether the appropriate period for the purposes of sub-paragraph (1)(b) above has elapsed, there shall be disregarded any day on which entry to the building is refused under paragraph 3(2) below.</content></subparagraph><subparagraph eId="schedule-8-paragraph-2-5"><num>(5)</num><content>In this paragraph, “<term refersTo="#term-decontrolled-works" eId="term-decontrolled-works">decontrolled works</term>” means works to which section 7 of the <noteRef href="#c1252262" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Planning (Listed Buildings and Conservation Areas) Act 1990 would apply, but for paragraph 1(1)(a) or (3) of Schedule 7 to this Act.</content></subparagraph></paragraph><paragraph eId="schedule-8-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-8-paragraph-3-1"><num>(1)</num><content>Following the giving of a notice under paragraph 2(1) above in relation to any building, any person duly authorised in writing by the Royal Commission may, at any reasonable time during the inspection period, enter the building for the purpose of recording it.</content></subparagraph><subparagraph eId="schedule-8-paragraph-3-2"><num>(2)</num><content>The right conferred by sub-paragraph (1) above shall not be exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.</content></subparagraph><subparagraph eId="schedule-8-paragraph-3-3"><num>(3)</num><content>A person exercising the right conferred by sub-paragraph (1) above shall comply with any directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.</content></subparagraph><subparagraph eId="schedule-8-paragraph-3-4"><num>(4)</num><content>For the purposes of sub-paragraph (1) above, the inspection period, in relation to a building which is the subject of a notice under paragraph 2(1) above, is the period beginning when the notice under that provision is given and ending when the prohibition under that provision ceases to apply to the building.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-8-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-8-paragraph-2-1"><num>(1)</num><intro>The nominated undertaker shall not carry out any decontrolled works consisting of the demolition of a building unless—</intro><level class="para1" eId="schedule-8-paragraph-2-1-a"><num>(a)</num><content>notice of the proposal to carry out the works has been given to the Royal Commission, and</content></level><level class="para1" eId="schedule-8-paragraph-2-1-b"><num>(b)</num><content>the appropriate period since the giving of the notice has elapsed.</content></level></subparagraph><subparagraph eId="schedule-8-paragraph-2-2"><num>(2)</num><content>Subject to sub-paragraph (3) below, the appropriate period for the purposes of sub-paragraph (1)(b) above is 8 weeks or such longer period as may have been agreed between the nominated undertaker and the Royal Commission.</content></subparagraph><subparagraph eId="schedule-8-paragraph-2-3"><num>(3)</num><content>In case of emergency, the appropriate period for the purposes of sub-paragraph (1)(b) above is such period as is reasonable in the circumstances.</content></subparagraph><subparagraph eId="schedule-8-paragraph-2-4"><num>(4)</num><content>In determining whether the appropriate period for the purposes of sub-paragraph (1)(b) above has elapsed, there shall be disregarded any day on which entry to the building is refused under paragraph 3(2) below.</content></subparagraph><subparagraph eId="schedule-8-paragraph-2-5"><num>(5)</num><content>In this paragraph, “<term refersTo="#term-decontrolled-works" eId="term-decontrolled-works">decontrolled works</term>” means works to which section 7 of the <noteRef href="#c1252262" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Planning (Listed Buildings and Conservation Areas) Act 1990 would apply, but for paragraph 1(1)(a) or (3) of Schedule 7 to this Act.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-8-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-8-paragraph-3-1"><num>(1)</num><content>Following the giving of a notice under paragraph 2(1) above in relation to any building, any person duly authorised in writing by the Royal Commission may, at any reasonable time during the inspection period, enter the building for the purpose of recording it.</content></subparagraph><subparagraph eId="schedule-8-paragraph-3-2"><num>(2)</num><content>The right conferred by sub-paragraph (1) above shall not be exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.</content></subparagraph><subparagraph eId="schedule-8-paragraph-3-3"><num>(3)</num><content>A person exercising the right conferred by sub-paragraph (1) above shall comply with any directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.</content></subparagraph><subparagraph eId="schedule-8-paragraph-3-4"><num>(4)</num><content>For the purposes of sub-paragraph (1) above, the inspection period, in relation to a building which is the subject of a notice under paragraph 2(1) above, is the period beginning when the notice under that provision is given and ending when the prohibition under that provision ceases to apply to the building.</content></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-8-crossheading-interpretation"><heading> Interpretation</heading><paragraph eId="schedule-8-paragraph-4" class="schProv1"><num>4</num><intro>In this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-the-commission" eId="term-the-commission">the Commission</term>” means the Historic Buildings and Monuments Commission for England;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-royal-commission" eId="term-the-royal-commission">the Royal Commission</term>” means the Royal Commission on the Historical Monuments of England;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-scheduled-monument" eId="term-scheduled-monument">scheduled monument</term>” has the same meaning as in the <noteRef href="#c1252263" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Ancient Monuments and Archaeological Areas Act 1979.</content></hcontainer></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-9-part-I-crossheading-railways-clauses-consolidation-act-1845-c-20"><heading> Railways Clauses Consolidation Act 1845 (c. 20)</heading><paragraph eId="schedule-9-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-9-paragraph-1-1"><num>(1)</num><content>The Railways Clauses Consolidation Act 1845, insofar as applicable for the purposes of this Act and not inconsistent with its provisions, is hereby incorporated with this Act.</content></subparagraph><subparagraph eId="schedule-9-paragraph-1-2"><num>(2)</num><content>The following provisions are excepted from incorporation by virtue of sub-paragraph (1) above—<blockList class="unordered none" ukl:Name="UnorderedList" ukl:Decoration="none"><item>sections 1, 7 to 9, 11 to 15, 17, 19, 20, 22, 23, 42, 47, 48, 59 to 62, 74, 75, 77 to 85, 87, 88, 94, 95 and 112 to 124.</item></blockList></content></subparagraph><subparagraph eId="schedule-9-paragraph-1-3"><num>(3)</num><intro>In their application by virtue of sub-paragraph (1) above—</intro><level class="para1" eId="schedule-9-paragraph-1-3-a"><num>(a)</num><content><mod>section 2 shall have effect with the substitution for “so incorporated as aforesaid” of <quotedText>“ incorporated ”</quotedText>,</mod></content></level><level class="para1" eId="schedule-9-paragraph-1-3-b"><num>(b)</num><content>section 6 shall have effect with the omission of the words “and to take lands for that purpose”, “taken or” and “for the value of the lands so taken or used, and”,</content></level><level class="para1" eId="schedule-9-paragraph-1-3-c"><num>(c)</num><content>section 16, so far as relating to the erection and construction of new stations, shall only have effect, so far as concerns the railways comprised in the rail link or the accommodation works connected therewith, to authorise the erection and construction of stations at <abbr title="Saint">St.</abbr> Pancras in London and Ebbsfleet in Kent,</content></level><level class="para1" eId="schedule-9-paragraph-1-3-d"><num>(d)</num><content>sections 18 and 21 shall not apply in any case where the relations between the nominated undertaker and any other persons are regulated by sections 84 and 85 of the <noteRef href="#c1252266" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991 or Part II of Schedule 15 to this Act,</content></level><level class="para1" eId="schedule-9-paragraph-1-3-e"><num>(e)</num><content>section 46 shall have effect with the omission of the proviso, and</content></level><level class="para1" eId="schedule-9-paragraph-1-3-f"><num>(f)</num><content>section 68 shall have effect with the omission of the words from “Such and” to “formation thereof” and from “together with all necessary gates” to “all necessary stiles”.</content></level></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-9-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-9-paragraph-1-1"><num>(1)</num><content>The Railways Clauses Consolidation Act 1845, insofar as applicable for the purposes of this Act and not inconsistent with its provisions, is hereby incorporated with this Act.</content></subparagraph><subparagraph eId="schedule-9-paragraph-1-2"><num>(2)</num><content>The following provisions are excepted from incorporation by virtue of sub-paragraph (1) above—<blockList class="unordered none" ukl:Name="UnorderedList" ukl:Decoration="none"><item>sections 1, 7 to 9, 11 to 15, 17, 19, 20, 22, 23, 42, 47, 48, 59 to 62, 74, 75, 77 to 85, 87, 88, 94, 95 and 112 to 124.</item></blockList></content></subparagraph><subparagraph eId="schedule-9-paragraph-1-3"><num>(3)</num><intro>In their application by virtue of sub-paragraph (1) above—</intro><level class="para1" eId="schedule-9-paragraph-1-3-a"><num>(a)</num><content><mod>section 2 shall have effect with the substitution for “so incorporated as aforesaid” of <quotedText>“ incorporated ”</quotedText>,</mod></content></level><level class="para1" eId="schedule-9-paragraph-1-3-b"><num>(b)</num><content>section 6 shall have effect with the omission of the words “and to take lands for that purpose”, “taken or” and “for the value of the lands so taken or used, and”,</content></level><level class="para1" eId="schedule-9-paragraph-1-3-c"><num>(c)</num><content>section 16, so far as relating to the erection and construction of new stations, shall only have effect, so far as concerns the railways comprised in the rail link or the accommodation works connected therewith, to authorise the erection and construction of stations at <abbr title="Saint">St.</abbr> Pancras in London and Ebbsfleet in Kent,</content></level><level class="para1" eId="schedule-9-paragraph-1-3-d"><num>(d)</num><content>sections 18 and 21 shall not apply in any case where the relations between the nominated undertaker and any other persons are regulated by sections 84 and 85 of the <noteRef href="#c1252266" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991 or Part II of Schedule 15 to this Act,</content></level><level class="para1" eId="schedule-9-paragraph-1-3-e"><num>(e)</num><content>section 46 shall have effect with the omission of the proviso, and</content></level><level class="para1" eId="schedule-9-paragraph-1-3-f"><num>(f)</num><content>section 68 shall have effect with the omission of the words from “Such and” to “formation thereof” and from “together with all necessary gates” to “all necessary stiles”.</content></level></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="schedule-9-part-I-crossheading-railways-clauses-act-1863-c-92"><heading> Railways Clauses Act 1863 (c. 92)</heading><paragraph eId="schedule-9-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-9-paragraph-2-1"><num>(1)</num><content>Part I of the Railways Clauses Act 1863, insofar as applicable for the purposes of this Act and not inconsistent with its provisions, is hereby incorporated with this Act.</content></subparagraph><subparagraph eId="schedule-9-paragraph-2-2"><num>(2)</num><content>The following provisions are excepted from incorporation by virtue of sub-paragraph (1) above—<blockList class="unordered none" ukl:Name="UnorderedList" ukl:Decoration="none"><item>sections 5 to 7 and 13 to 19.</item></blockList></content></subparagraph></paragraph></hcontainer>

<part xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:default="http://www.w3.org/1999/xhtml" eId="schedule-9-part-II"><num>Part II</num><heading> Other Legislation</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-9-part-II-crossheading-highway-railway-crossings-act-1839-c-45"><heading> Highway (Railway Crossings) Act 1839 (c. 45)</heading><paragraph eId="schedule-9-paragraph-3" class="schProv1"><num>3</num><content>The Highway (Railway Crossings) Act 1839 shall not apply to a railway authorised by this Act.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-9-part-II-crossheading-railway-regulation-act-1842-c-55"><heading> Railway Regulation Act 1842 (c. 55)</heading><paragraph eId="schedule-9-paragraph-4" class="schProv1"><num>4</num><content>Section 9 of the Railway Regulation Act 1842 shall not apply to a railway authorised by this Act.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-9-part-II-crossheading-regulation-of-railways-act-1871-c-78"><heading> Regulation of Railways Act 1871 (c. 78)</heading><paragraph eId="schedule-9-paragraph-5" class="schProv1"><num>5</num><content>In section 2 of the Regulation of Railways Act 1871, in the definition of the term “<term refersTo="#term-railway" eId="term-railway">railway</term>”, the reference to any special Act of Parliament shall be construed as including this Act.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-9-part-II-crossheading-railway-companies-accounts-and-returns-act-1911-c-34"><heading> Railway Companies (Accounts and Returns) Act 1911 (c. 34)</heading><paragraph eId="schedule-9-paragraph-6" class="schProv1"><num><noteRef href="#key-816131f5b6828bc361cf140ab3ea4dfc" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>6</num><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-9-part-II-crossheading-british-transport-commission-act-1949-c-xxix"><heading> British Transport Commission Act 1949 (c. xxix)</heading><paragraph eId="schedule-9-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-9-paragraph-7-1"><num>(1)</num><content>This paragraph has effect in relation to the British Transport Commission Act 1949.</content></subparagraph><subparagraph eId="schedule-9-paragraph-7-2"><num>(2)</num><content>Section 55 (penalty for trespass on railways <abbr title="et cetera" xml:lang="la">etc.</abbr>) shall apply in relation to any railway, siding, tunnel, railway embankment, cutting or similar work comprised in the rail link as it applies in relation to any railway, siding, tunnel, railway embankment, cutting or similar work belonging to the <ins class="first last" ukl:ChangeId="d29p17637" ukl:CommentaryRef="c1252268"><noteRef uk:name="commentary" href="#c1252268" class="commentary"/>a successor of the British Railways Board</ins>.</content></subparagraph><subparagraph eId="schedule-9-paragraph-7-3"><num>(3)</num><content>Section 56 (penalty for stone throwing <abbr title="et cetera" xml:lang="la">etc.</abbr> on railways) shall apply in relation to any railway or siding comprised in the rail link as it applies in relation to any railway or siding belonging to the <ins class="first last" ukl:ChangeId="d29p17647" ukl:CommentaryRef="c1252268"><noteRef uk:name="commentary" href="#c1252268" class="commentary"/>a successor of the British Railways Board</ins></content></subparagraph><subparagraph eId="schedule-9-paragraph-7-4"><num><ins class="first" ukl:ChangeId="d29p17650" ukl:CommentaryRef="c1252270"><noteRef uk:name="commentary" href="#c1252270" class="commentary"/>(4)</ins></num><content><ins ukl:ChangeId="d29p17650" ukl:CommentaryRef="c1252270">In this paragraph “</ins><term refersTo="#term-successor-of-the-british-railways-board" eId="term-successor-of-the-british-railways-board"><ins ukl:ChangeId="d29p17650" ukl:CommentaryRef="c1252270">successor of the British Railways Board</ins></term><ins ukl:ChangeId="d29p17650" ukl:CommentaryRef="c1252270">” has the same meaning as in the </ins><noteRef href="#c1252271" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/><ins class="last" ukl:ChangeId="d29p17650" ukl:CommentaryRef="c1252270">Railways Act 1993 (Consequential Modifications) (No.2) Order 1999.</ins></content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-9-part-II-crossheading-miscellaneous"><heading> Miscellaneous</heading><paragraph eId="schedule-9-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-9-paragraph-8-1"><num>(1)</num><intro>In their application to—</intro><level class="para1" eId="schedule-9-paragraph-8-1-a"><num>(a)</num><content>a rail link undertaker,</content></level><level class="para1" eId="schedule-9-paragraph-8-1-b"><num>(b)</num><content>the rail link, or</content></level><level class="para1" eId="schedule-9-paragraph-8-1-c"><num>(c)</num><content>any train of a rail link undertaker being used to provide services for the carriage of passengers or goods involving travel through the Channel Tunnel,</content></level><wrapUp>the enactments specified in column (1) of the following table (which create the offences broadly described in column (2) of the table) shall each have effect as if the maximum fine which may be imposed on summary conviction of any offence specified in the enactment were, instead of that specified in column (3) of the table, a fine not exceeding the level specified in column (4) of the table.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th><default:th>(3)</default:th><default:th>(4)</default:th></default:tr><default:tr><default:th>Enactment</default:th><default:th>Description of offence</default:th><default:th>Maximum otherwise applicable (level on standard scale)</default:th><default:th>Maximum fine (level on standard scale)</default:th></default:tr><default:tr><default:td>Section 16 of the <noteRef href="#c1252272" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railway Regulation Act 1840.</default:td><default:td>Obstruction of officers of railway company or trespass upon railway.</default:td><default:td>Level 1</default:td><default:td>Level 3</default:td></default:tr><default:tr><default:td>Section 17 of the <noteRef href="#c1252273" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railway Regulation Act 1842.</default:td><default:td>Misconduct of persons employed on railways.</default:td><default:td>Level 1</default:td><default:td>Level 3</default:td></default:tr><default:tr><default:td>Section 22 of the <noteRef href="#c1252274" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Regulation of Railways Act 1868.</default:td><default:td>Provision and improper use of means of communication.</default:td><default:td>Level 1</default:td><default:td>Level 2</default:td></default:tr><default:tr><default:td colspan="4">The <noteRef href="#c1252275" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Regulation of Railways Act 1889—</default:td></default:tr><default:tr><default:td>section 5(1).</default:td><default:td>Failure to produce ticket, to pay fare or to give name and address.</default:td><default:td>Level 1</default:td><default:td>Level 2</default:td></default:tr><default:tr><default:td>section 5(3).</default:td><default:td>Travel with intent to avoid payment of fare.</default:td><default:td>Level 2</default:td><default:td>Level 3</default:td></default:tr></default:tbody></default:table></foreign></tblock></wrapUp></subparagraph><subparagraph eId="schedule-9-paragraph-8-2"><num>(2)</num><intro>In such application—</intro><level class="para1" eId="schedule-9-paragraph-8-2-a"><num>(a)</num><content>section 16 of the <noteRef href="#c1252276" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railway Regulation Act 1840 shall have effect as if the court had, as an alternative to imposing a fine, the power to award imprisonment for a period not exceeding one month; and</content></level><level class="para1" eId="schedule-9-paragraph-8-2-b"><num>(b)</num><content>section 17 of the <noteRef href="#c1252277" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railway Regulation Act 1842 shall have effect as if, instead of the power to award imprisonment for a period not exceeding two months, the court had power to award imprisonment for a period not exceeding three months; and</content></level><level class="para1" eId="schedule-9-paragraph-8-2-c"><num>(c)</num><content>section 5(2) of the <noteRef href="#c1252278" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Regulation of Railways Act 1889 (power to arrest passenger who fails to produce ticket and refuses to give his name and address) shall have effect as if after the word “refuses” there were inserted the words “or fails”.</content></level></subparagraph></paragraph></hcontainer></part>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="schedule-9-part-II-crossheading-highway-railway-crossings-act-1839-c-45"><heading> Highway (Railway Crossings) Act 1839 (c. 45)</heading><paragraph eId="schedule-9-paragraph-3" class="schProv1"><num>3</num><content>The Highway (Railway Crossings) Act 1839 shall not apply to a railway authorised by this Act.</content></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="schedule-9-part-II-crossheading-railway-regulation-act-1842-c-55"><heading> Railway Regulation Act 1842 (c. 55)</heading><paragraph eId="schedule-9-paragraph-4" class="schProv1"><num>4</num><content>Section 9 of the Railway Regulation Act 1842 shall not apply to a railway authorised by this Act.</content></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="schedule-9-part-II-crossheading-regulation-of-railways-act-1871-c-78"><heading> Regulation of Railways Act 1871 (c. 78)</heading><paragraph eId="schedule-9-paragraph-5" class="schProv1"><num>5</num><content>In section 2 of the Regulation of Railways Act 1871, in the definition of the term “<term refersTo="#term-railway" eId="term-railway">railway</term>”, the reference to any special Act of Parliament shall be construed as including this Act.</content></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-9-part-II-crossheading-railway-companies-accounts-and-returns-act-1911-c-34"><heading> Railway Companies (Accounts and Returns) Act 1911 (c. 34)</heading><paragraph eId="schedule-9-paragraph-6" class="schProv1"><num><noteRef href="#key-816131f5b6828bc361cf140ab3ea4dfc" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>6</num><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-9-part-II-crossheading-british-transport-commission-act-1949-c-xxix"><heading> British Transport Commission Act 1949 (c. xxix)</heading><paragraph eId="schedule-9-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-9-paragraph-7-1"><num>(1)</num><content>This paragraph has effect in relation to the British Transport Commission Act 1949.</content></subparagraph><subparagraph eId="schedule-9-paragraph-7-2"><num>(2)</num><content>Section 55 (penalty for trespass on railways <abbr title="et cetera" xml:lang="la">etc.</abbr>) shall apply in relation to any railway, siding, tunnel, railway embankment, cutting or similar work comprised in the rail link as it applies in relation to any railway, siding, tunnel, railway embankment, cutting or similar work belonging to the <ins class="first last" ukl:ChangeId="d29p17637" ukl:CommentaryRef="c1252268"><noteRef uk:name="commentary" href="#c1252268" class="commentary"/>a successor of the British Railways Board</ins>.</content></subparagraph><subparagraph eId="schedule-9-paragraph-7-3"><num>(3)</num><content>Section 56 (penalty for stone throwing <abbr title="et cetera" xml:lang="la">etc.</abbr> on railways) shall apply in relation to any railway or siding comprised in the rail link as it applies in relation to any railway or siding belonging to the <ins class="first last" ukl:ChangeId="d29p17647" ukl:CommentaryRef="c1252268"><noteRef uk:name="commentary" href="#c1252268" class="commentary"/>a successor of the British Railways Board</ins></content></subparagraph><subparagraph eId="schedule-9-paragraph-7-4"><num><ins class="first" ukl:ChangeId="d29p17650" ukl:CommentaryRef="c1252270"><noteRef uk:name="commentary" href="#c1252270" class="commentary"/>(4)</ins></num><content><ins ukl:ChangeId="d29p17650" ukl:CommentaryRef="c1252270">In this paragraph “</ins><term refersTo="#term-successor-of-the-british-railways-board" eId="term-successor-of-the-british-railways-board"><ins ukl:ChangeId="d29p17650" ukl:CommentaryRef="c1252270">successor of the British Railways Board</ins></term><ins ukl:ChangeId="d29p17650" ukl:CommentaryRef="c1252270">” has the same meaning as in the </ins><noteRef href="#c1252271" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/><ins class="last" ukl:ChangeId="d29p17650" ukl:CommentaryRef="c1252270">Railways Act 1993 (Consequential Modifications) (No.2) Order 1999.</ins></content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-9-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-9-paragraph-7-1"><num>(1)</num><content>This paragraph has effect in relation to the British Transport Commission Act 1949.</content></subparagraph><subparagraph eId="schedule-9-paragraph-7-2"><num>(2)</num><content>Section 55 (penalty for trespass on railways <abbr title="et cetera" xml:lang="la">etc.</abbr>) shall apply in relation to any railway, siding, tunnel, railway embankment, cutting or similar work comprised in the rail link as it applies in relation to any railway, siding, tunnel, railway embankment, cutting or similar work belonging to the <ins class="first last" ukl:ChangeId="d29p17637" ukl:CommentaryRef="c1252268"><noteRef uk:name="commentary" href="#c1252268" class="commentary"/>a successor of the British Railways Board</ins>.</content></subparagraph><subparagraph eId="schedule-9-paragraph-7-3"><num>(3)</num><content>Section 56 (penalty for stone throwing <abbr title="et cetera" xml:lang="la">etc.</abbr> on railways) shall apply in relation to any railway or siding comprised in the rail link as it applies in relation to any railway or siding belonging to the <ins class="first last" ukl:ChangeId="d29p17647" ukl:CommentaryRef="c1252268"><noteRef uk:name="commentary" href="#c1252268" class="commentary"/>a successor of the British Railways Board</ins></content></subparagraph><subparagraph eId="schedule-9-paragraph-7-4"><num><ins class="first" ukl:ChangeId="d29p17650" ukl:CommentaryRef="c1252270"><noteRef uk:name="commentary" href="#c1252270" class="commentary"/>(4)</ins></num><content><ins ukl:ChangeId="d29p17650" ukl:CommentaryRef="c1252270">In this paragraph “</ins><term refersTo="#term-successor-of-the-british-railways-board" eId="term-successor-of-the-british-railways-board"><ins ukl:ChangeId="d29p17650" ukl:CommentaryRef="c1252270">successor of the British Railways Board</ins></term><ins ukl:ChangeId="d29p17650" ukl:CommentaryRef="c1252270">” has the same meaning as in the </ins><noteRef href="#c1252271" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/><ins class="last" ukl:ChangeId="d29p17650" ukl:CommentaryRef="c1252270">Railways Act 1993 (Consequential Modifications) (No.2) Order 1999.</ins></content></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="schedule" eId="schedule-10"><num>SCHEDULE 10<authorialNote class="referenceNote">Section 38.</authorialNote></num><heading> Disapplication and Modification of Miscellaneous Controls</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-ecclesiastical-law"><heading> Ecclesiastical law</heading><paragraph eId="schedule-10-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-10-paragraph-1-1"><num>(1)</num><content>No obligation or restriction imposed under ecclesiastical law or otherwise in relation to consecrated land shall have effect to prohibit, restrict or impose any condition on the exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-10-paragraph-1-2"><num>(2)</num><content>Sub-paragraph (1) above shall not apply in relation to the use of land comprised in a burial ground for the purpose of constructing any of the works authorised by this Part of this Act.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-overground-wires"><heading> Overground wires</heading><paragraph eId="schedule-10-paragraph-2" class="schProv1"><num>2</num><content>Nothing in the <noteRef href="#c1252280" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>London Overground Wires &c. Act 1933, or in any byelaw made under that Act, shall extend or apply to any wire or part of a wire erected or placed, proposed to be erected or placed, or for the time being maintained, by the nominated undertaker in exercise of the powers conferred by this Part of this Act.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-london-building-acts-amendment-act-1939"><heading> London Building Acts (Amendment) Act 1939</heading><paragraph eId="schedule-10-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-10-paragraph-3-1"><num>(1)</num><content>This paragraph has effect in relation to the <noteRef href="#c1252281" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>London Building Acts (Amendment) Act 1939.</content></subparagraph><subparagraph eId="schedule-10-paragraph-3-2"><num>(2)</num><intro>The following provisions, namely—</intro><level class="para1" eId="schedule-10-paragraph-3-2-a"><num>(a)</num><content>Part III (construction of buildings and structures generally),</content></level><level class="para1" eId="schedule-10-paragraph-3-2-b"><num>(b)</num><content>Part IV (construction of special and temporary buildings and structures), and</content></level><level class="para1" eId="schedule-10-paragraph-3-2-c"><num>(c)</num><content>Part V (means of escape in case of fire),</content></level><wrapUp>shall not apply to anything held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act.</wrapUp></subparagraph><subparagraph eId="schedule-10-paragraph-3-3"><num>(3)</num><content>Sub-paragraph (2) above shall not apply in relation to a building which is a house or a hotel or which is used as offices or showrooms and does not form part of a railway station.</content></subparagraph><subparagraph eId="schedule-10-paragraph-3-4"><num>(4)</num><content>No notice under section 45(1)(a) or (b) (notice before building at junction with adjoining land) shall be required before the building of any wall in exercise of the powers conferred by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-10-paragraph-3-5"><num>(5)</num><intro>Sections 45(1)(c) and 46 (rights of adjoining owners) shall not have effect to confer rights in relation to—</intro><level class="para1" eId="schedule-10-paragraph-3-5-a"><num>(a)</num><content>anything held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act, or</content></level><level class="para1" eId="schedule-10-paragraph-3-5-b"><num>(b)</num><content>land on which there is any such thing.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-3-6"><num>(6)</num><content>Section 50 (underpinning of adjoining buildings) shall not apply in relation to a proposal to erect anything in exercise of the powers conferred by this Part of this Act.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-coast-works"><heading> Coast works</heading><paragraph eId="schedule-10-paragraph-4" class="schProv1"><num>4</num><intro>The following provisions of the <noteRef href="#c1252282" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Coast Protection Act 1949, namely—</intro><level class="para1" eId="schedule-10-paragraph-4-a"><num>(a)</num><content>section 16(1) (consent of coast protection authority required for carrying out coast protection work),</content></level><level class="para1" eId="schedule-10-paragraph-4-b"><num>(b)</num><content>section 18(1) (prohibition of excavation or removal of materials from seashore), and</content></level><level class="para1" eId="schedule-10-paragraph-4-c"><num>(c)</num><content>section 34(1) (consent of Secretary of State required for works detrimental to navigation),</content></level><wrapUp>shall not apply in relation to anything done within the limits of deviation for the scheduled works in exercise of the powers conferred by this Part of this Act in relation to those works, or any work in connection with them.</wrapUp></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-highways-etc"><heading> Highways <abbr title="et cetera" xml:lang="la">etc.</abbr></heading><paragraph eId="schedule-10-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-10-paragraph-5-1"><num>(1)</num><intro>The following enactments, namely—</intro><level class="para1" eId="schedule-10-paragraph-5-1-a"><num>(a)</num><content>section 15(1) of the <noteRef href="#c1252284" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Greater London Council (General Powers) Act 1970, and</content></level><level class="para1" eId="schedule-10-paragraph-5-1-b"><num>(b)</num><content>section 169(1) of the <noteRef href="#c1252285" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Highways Act 1980,</content></level><wrapUp>(which control obstructions of the highway in connection with works related to buildings) shall not apply to anything erected, placed or retained in, upon or over a highway for the purposes of or in connection with the exercise of any of the powers conferred by this Part of this Act with respect to works.</wrapUp></subparagraph><subparagraph eId="schedule-10-paragraph-5-2"><num>(2)</num><content>Section 141 of the Highways Act 1980 (restriction on planting trees or shrubs in or near carriageway) shall not apply to any tree or shrub planted for the purposes of or in connection with the exercise of any of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-10-paragraph-5-3"><num>(3)</num><content>Section 167 of the Highways Act 1980 (powers relating to retaining walls near streets) shall not apply to any length of a retaining wall erected on land held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act.</content></subparagraph><subparagraph eId="schedule-10-paragraph-5-4"><num>(4)</num><content>Nothing in section 8(2) to (5) of the <noteRef href="#c1252286" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Greater London Council (General Powers) Act 1986 (powers of borough councils in relation to retaining walls supporting the carriageway or footway of certain highways) shall apply with respect to any retaining wall erected in exercise of the powers conferred by this Part of this Act.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-areas-of-special-scientific-interest"><heading><ins class="first" ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287"><noteRef uk:name="commentary" href="#c1252287" class="commentary"/> Sites of special scientific interest</ins></heading><paragraph eId="schedule-10-paragraph-6" class="schProv1"><num><noteRef href="#c1252289" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">6</ins></num><intro><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">Section 28I of the </ins><noteRef href="#c1252290" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">Wildlife and Countryside Act 1981 (statutory undertakers: duty in relation to authorising operations) shall not apply to any operation carried out for the purposes of or in connection with the exercise of any of the powers conferred by this Part of this Act with respect to works, and neither shall the following—</ins></intro><level class="para1" eId="schedule-10-paragraph-6-a"><num><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">(a)</ins></num><content><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">section 28E(1) (prohibition of operations on land forming part of a site of special scientific interest), in relation to an owner or occupier other than an authority to which section 28G of that Act applies;</ins></content></level><level class="para1" eId="schedule-10-paragraph-6-b"><num><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">(b)</ins></num><content><ins class="last" ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">sections 28G(2) (general duty of statutory undertakers) and 28H (duty of statutory undertakers when carrying out operations), in relation to such an authority.</ins></content></level></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-building-regulations"><heading> Building regulations</heading><paragraph eId="schedule-10-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-10-paragraph-7-1"><num>(1)</num><content>Nothing in Part I of the <noteRef href="#c1252292" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Building Act 1984 with respect to building regulations, and nothing in any building regulations, shall apply in relation to a building held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act.</content></subparagraph><subparagraph eId="schedule-10-paragraph-7-2"><num>(2)</num><content>Sub-paragraph (1) above shall not apply in relation to a building which is a house or a hotel or which is used as offices or showrooms and does not form part of a railway station.</content></subparagraph><subparagraph eId="schedule-10-paragraph-7-3"><num>(3)</num><content>Any building to which sub-paragraph (2) above applies shall be disregarded for the purposes of section 4(1)(b) of the Building Act 1984 (exception for certain buildings belonging to statutory undertakers).</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-deposits-in-the-sea"><heading> Deposits in the sea</heading><paragraph eId="schedule-10-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-10-paragraph-8-1"><num>(1)</num><content>Section 5 of the <noteRef href="#c1252293" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Food and Environment Protection Act 1985 (requirement of licences for deposit of substances and articles in the sea <abbr title="et cetera" xml:lang="la">etc.</abbr>) shall not apply to the deposit of substances and articles within the limits of deviation for Work <abbr title="Number">No.</abbr> 10, 10R(2), 13 or 22J in exercise of the powers conferred by this Part of this Act in relation to that work, or any work in connection with it.</content></subparagraph><subparagraph eId="schedule-10-paragraph-8-2"><num>(2)</num><content>In the case of substances and articles which have been excavated or dredged, sub-paragraph (1) above shall only apply to deposit in the course of use as a construction material.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-london-lorries-general"><heading> London lorries: general</heading><paragraph eId="schedule-10-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-10-paragraph-9-1"><num>(1)</num><content>This paragraph applies where an application for the issue of a permit under the London Lorry Ban Order is made under paragraph 10 below or is otherwise expressed to be made in connection with the carrying out of authorised works.</content></subparagraph><subparagraph eId="schedule-10-paragraph-9-2"><num>(2)</num><intro>The application shall be granted if the issue of a permit is reasonably required—</intro><level class="para1" eId="schedule-10-paragraph-9-2-a"><num>(a)</num><content>for the purpose of enabling authorised works to be carried out in a timely and efficient manner, or</content></level><level class="para1" eId="schedule-10-paragraph-9-2-b"><num>(b)</num><content>for the purpose of enabling authorised works to be carried out in accordance with approved arrangements.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-9-3"><num>(3)</num><intro>If the application is granted, no condition may be imposed which is likely to obstruct the carrying out of authorised works—</intro><level class="para1" eId="schedule-10-paragraph-9-3-a"><num>(a)</num><content>in a timely and efficient manner, or</content></level><level class="para1" eId="schedule-10-paragraph-9-3-b"><num>(b)</num><content>in accordance with approved arrangements.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-9-4"><num>(4)</num><content>If the applicant is aggrieved by a decision under sub-paragraph (2) or (3) above, he may appeal to the Secretary of State by giving notice in writing of the appeal to him and the authority whose decision is appealed against within 28 days of notification of the decision.</content></subparagraph><subparagraph eId="schedule-10-paragraph-9-5"><num>(5)</num><content>On an appeal under sub-paragraph (4) above, the Secretary of State may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against.</content></subparagraph><subparagraph eId="schedule-10-paragraph-9-6"><num>(6)</num><content>If on an appeal under sub-paragraph (4) above against a decision under sub-paragraph (3) above the Secretary of State varies the decision, the variation shall have effect from and including the date on which the appeal was constituted or such later date as the Secretary of State may specify.</content></subparagraph><subparagraph eId="schedule-10-paragraph-9-7"><num>(7)</num><content>The applicant may not challenge a decision under sub-paragraph (3) above otherwise than by an appeal under sub-paragraph (4) above.</content></subparagraph><subparagraph eId="schedule-10-paragraph-9-8"><num>(8)</num><intro>In this paragraph—</intro><hcontainer name="definition"><intro>“<term refersTo="#term-approved-arrangements" eId="term-approved-arrangements">approved arrangements</term>” means arrangements approved for the purposes of any of the following provisions of Schedule 6 to this Act—</intro><level class="para1"><num>(a)</num><content>paragraph 7, so far as relating to item 1 or 6 in the table in that paragraph,</content></level><level class="para1"><num>(b)</num><content>paragraph 16, so far as relating to item 5 in the table in that paragraph,</content></level><level class="para1"><num>(c)</num><content>paragraph 23, so far as relating to item 5 in the table in that paragraph, and</content></level><level class="para1"><num>(d)</num><content>paragraph 25;</content></level></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-authorised-works" eId="term-authorised-works">authorised works</term>” means works authorised by this Part of this Act; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-london-lorry-ban-order" eId="term-the-london-lorry-ban-order">the London Lorry Ban Order</term>” means the Greater London (Restriction of Goods Vehicles) Traffic Order 1985.</content></hcontainer></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-london-lorries-emergency-permits"><heading> London lorries: emergency permits</heading><paragraph eId="schedule-10-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-10-paragraph-10-1"><num>(1)</num><intro>This paragraph applies where a person proposes to undertake a journey before the end of the next complete eight working days, being a journey—</intro><level class="para1" eId="schedule-10-paragraph-10-1-a"><num>(a)</num><content>proposed to be undertaken in connection with the carrying out of authorised works, and</content></level><level class="para1" eId="schedule-10-paragraph-10-1-b"><num>(b)</num><content>for which a permit under the London Lorry Ban Order will be required.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-10-2"><num>(2)</num><content>The person may apply for a permit under the Order for the journey by giving the details mentioned in sub-paragraph (3) below to the authority concerned by telephone or by means of facsimile transmission.</content></subparagraph><subparagraph eId="schedule-10-paragraph-10-3"><num>(3)</num><intro>The details referred to above are—</intro><level class="para1" eId="schedule-10-paragraph-10-3-a"><num>(a)</num><content>the identity of the applicant,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-b"><num>(b)</num><content>a number on which he can be contacted by telephone or by means of facsimile transmission,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-c"><num>(c)</num><content>the registration number of the vehicle to which the application relates,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-d"><num>(d)</num><content>the authorised works in connection with which the journey is to be undertaken,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-e"><num>(e)</num><content>whether any approved arrangements are relevant to the application, and, if so, what they are,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-f"><num>(f)</num><content>the date when the journey is proposed to be undertaken,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-g"><num>(g)</num><content>if it is proposed to stop anywhere in Greater London for the purpose of making a delivery or collection, the place or places at which, and the time or times when, it is proposed to stop for that purpose.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-10-4"><num>(4)</num><intro>In this paragraph—</intro><hcontainer name="definition"><content>“<term refersTo="#term-approved-arrangements" eId="term-approved-arrangements">approved arrangements</term>”, “<term refersTo="#term-authorised-works" eId="term-authorised-works">authorised works</term>” and “<term refersTo="#term-the-london-lorry-ban-order" eId="term-the-london-lorry-ban-order">the London Lorry Ban Order</term>” have the same meanings as in paragraph 9 above; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-working-day" eId="term-working-day">working day</term>” means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the <noteRef href="#c1252294" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Banking and Financial Dealings Act 1971.</content></hcontainer></subparagraph></paragraph><paragraph eId="schedule-10-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-10-paragraph-11-1"><num>(1)</num><content>An authority responsible for dealing with applications for permits under the London Lorry Ban Order shall make arrangements enabling applications under paragraph 10 above to be made at any time.</content></subparagraph><subparagraph eId="schedule-10-paragraph-11-2"><num>(2)</num><content>Once an application for a permit has been made under paragraph 10 above, then, for the purpose of any relevant journey, the application shall be treated as granted subject to such conditions as the Secretary of State may by order specify for the purposes of this provision.</content></subparagraph><subparagraph eId="schedule-10-paragraph-11-3"><num>(3)</num><content>A journey is a relevant journey for the purposes of sub-paragraph (2) above if it is begun before the authority to which the application is made has communicated its decision on the application to the applicant by telephone or by means of facsimile transmission.</content></subparagraph><subparagraph eId="schedule-10-paragraph-11-4"><num>(4)</num><content><mod>If an application under paragraph 10 above has been granted, or is treated as granted, then, while the vehicle concerned is undertaking a journey covered by the application, paragraph 4 of the London Lorry Ban Order and of the Westminster Lorry Ban Order shall have effect in relation to it with the substitution for paragraph (a) of—<quotedStructure startQuote="“" endQuote="”" uk:context="unknown" uk:docName="unknown" ukl:TargetClass="unknown" ukl:TargetSubClass="unknown" ukl:Context="unknown" ukl:Format="default"><level class="para1"><num>(a)</num><content>in relation to any goods vehicle being driven by any person in a restricted street during the prescribed hours in respect of which an application under paragraph 10 of Schedule 10 to the Channel Tunnel Rail Link Act 1996 has been granted, or is treated as granted, provided that any conditions subject to which the application is granted, or treated as granted, are complied with; or</content></level></quotedStructure><inline name="appendText">.</inline></mod></content></subparagraph><subparagraph eId="schedule-10-paragraph-11-5"><num>(5)</num><intro>The power to make an order under sub-paragraph (2) above includes—</intro><level class="para1" eId="schedule-10-paragraph-11-5-a"><num>(a)</num><content>power to make different provision for different cases, and</content></level><level class="para1" eId="schedule-10-paragraph-11-5-b"><num>(b)</num><content>power to make an order varying or revoking any order previously made under that provision.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-11-6"><num>(6)</num><intro>In this paragraph—</intro><hcontainer name="definition"><content>“<term refersTo="#term-the-london-lorry-ban-order" eId="term-the-london-lorry-ban-order">the London Lorry Ban Order</term>” has the same meaning as in paragraph 9 above; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-westminster-lorry-ban-order" eId="term-the-westminster-lorry-ban-order">the Westminster Lorry Ban Order</term>” means the City of Westminster (Restriction of Goods Vehicles) Traffic Order 1992.</content></hcontainer></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-works-under-streets-in-greater-london"><heading> Works under streets in Greater London</heading><paragraph eId="schedule-10-paragraph-12" class="schProv1"><num>12</num><intro>The following provisions of the <noteRef href="#c1252295" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Greater London Council (General Powers) Act 1986, namely—</intro><level class="para1" eId="schedule-10-paragraph-12-a"><num>(a)</num><content>section 5(1) (consent of borough council required for demolition of works under a street),</content></level><level class="para1" eId="schedule-10-paragraph-12-b"><num>(b)</num><content>section 6(1) (consent of borough council required for works preventing access to premises under a street), and</content></level><level class="para1" eId="schedule-10-paragraph-12-c"><num>(c)</num><content>section 7(1) (consent of borough council required for infilling in premises under a street),</content></level><wrapUp>shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.</wrapUp></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-communication-with-public-sewers-in-london"><heading> Communication with public sewers in London</heading><paragraph eId="schedule-10-paragraph-13" class="schProv1"><num>13</num><content>Section 106(8) of the <noteRef href="#c1252296" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Industry Act 1991 (which qualifies the general right to communicate with the public sewers of a sewerage undertaker) shall not apply where the proposed communication involves a drain or sewer serving the rail link.</content></paragraph></hcontainer></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-overground-wires"><heading> Overground wires</heading><paragraph eId="schedule-10-paragraph-2" class="schProv1"><num>2</num><content>Nothing in the <noteRef href="#c1252280" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>London Overground Wires &c. Act 1933, or in any byelaw made under that Act, shall extend or apply to any wire or part of a wire erected or placed, proposed to be erected or placed, or for the time being maintained, by the nominated undertaker in exercise of the powers conferred by this Part of this Act.</content></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-london-building-acts-amendment-act-1939"><heading> London Building Acts (Amendment) Act 1939</heading><paragraph eId="schedule-10-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-10-paragraph-3-1"><num>(1)</num><content>This paragraph has effect in relation to the <noteRef href="#c1252281" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>London Building Acts (Amendment) Act 1939.</content></subparagraph><subparagraph eId="schedule-10-paragraph-3-2"><num>(2)</num><intro>The following provisions, namely—</intro><level class="para1" eId="schedule-10-paragraph-3-2-a"><num>(a)</num><content>Part III (construction of buildings and structures generally),</content></level><level class="para1" eId="schedule-10-paragraph-3-2-b"><num>(b)</num><content>Part IV (construction of special and temporary buildings and structures), and</content></level><level class="para1" eId="schedule-10-paragraph-3-2-c"><num>(c)</num><content>Part V (means of escape in case of fire),</content></level><wrapUp>shall not apply to anything held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act.</wrapUp></subparagraph><subparagraph eId="schedule-10-paragraph-3-3"><num>(3)</num><content>Sub-paragraph (2) above shall not apply in relation to a building which is a house or a hotel or which is used as offices or showrooms and does not form part of a railway station.</content></subparagraph><subparagraph eId="schedule-10-paragraph-3-4"><num>(4)</num><content>No notice under section 45(1)(a) or (b) (notice before building at junction with adjoining land) shall be required before the building of any wall in exercise of the powers conferred by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-10-paragraph-3-5"><num>(5)</num><intro>Sections 45(1)(c) and 46 (rights of adjoining owners) shall not have effect to confer rights in relation to—</intro><level class="para1" eId="schedule-10-paragraph-3-5-a"><num>(a)</num><content>anything held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act, or</content></level><level class="para1" eId="schedule-10-paragraph-3-5-b"><num>(b)</num><content>land on which there is any such thing.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-3-6"><num>(6)</num><content>Section 50 (underpinning of adjoining buildings) shall not apply in relation to a proposal to erect anything in exercise of the powers conferred by this Part of this Act.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-10-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-10-paragraph-3-1"><num>(1)</num><content>This paragraph has effect in relation to the <noteRef href="#c1252281" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>London Building Acts (Amendment) Act 1939.</content></subparagraph><subparagraph eId="schedule-10-paragraph-3-2"><num>(2)</num><intro>The following provisions, namely—</intro><level class="para1" eId="schedule-10-paragraph-3-2-a"><num>(a)</num><content>Part III (construction of buildings and structures generally),</content></level><level class="para1" eId="schedule-10-paragraph-3-2-b"><num>(b)</num><content>Part IV (construction of special and temporary buildings and structures), and</content></level><level class="para1" eId="schedule-10-paragraph-3-2-c"><num>(c)</num><content>Part V (means of escape in case of fire),</content></level><wrapUp>shall not apply to anything held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act.</wrapUp></subparagraph><subparagraph eId="schedule-10-paragraph-3-3"><num>(3)</num><content>Sub-paragraph (2) above shall not apply in relation to a building which is a house or a hotel or which is used as offices or showrooms and does not form part of a railway station.</content></subparagraph><subparagraph eId="schedule-10-paragraph-3-4"><num>(4)</num><content>No notice under section 45(1)(a) or (b) (notice before building at junction with adjoining land) shall be required before the building of any wall in exercise of the powers conferred by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-10-paragraph-3-5"><num>(5)</num><intro>Sections 45(1)(c) and 46 (rights of adjoining owners) shall not have effect to confer rights in relation to—</intro><level class="para1" eId="schedule-10-paragraph-3-5-a"><num>(a)</num><content>anything held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act, or</content></level><level class="para1" eId="schedule-10-paragraph-3-5-b"><num>(b)</num><content>land on which there is any such thing.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-3-6"><num>(6)</num><content>Section 50 (underpinning of adjoining buildings) shall not apply in relation to a proposal to erect anything in exercise of the powers conferred by this Part of this Act.</content></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-coast-works"><heading> Coast works</heading><paragraph eId="schedule-10-paragraph-4" class="schProv1"><num>4</num><intro>The following provisions of the <noteRef href="#c1252282" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Coast Protection Act 1949, namely—</intro><level class="para1" eId="schedule-10-paragraph-4-a"><num>(a)</num><content>section 16(1) (consent of coast protection authority required for carrying out coast protection work),</content></level><level class="para1" eId="schedule-10-paragraph-4-b"><num>(b)</num><content>section 18(1) (prohibition of excavation or removal of materials from seashore), and</content></level><level class="para1" eId="schedule-10-paragraph-4-c"><num>(c)</num><content>section 34(1) (consent of Secretary of State required for works detrimental to navigation),</content></level><wrapUp>shall not apply in relation to anything done within the limits of deviation for the scheduled works in exercise of the powers conferred by this Part of this Act in relation to those works, or any work in connection with them.</wrapUp></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-10-paragraph-4" class="schProv1"><num>4</num><intro>The following provisions of the <noteRef href="#c1252282" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Coast Protection Act 1949, namely—</intro><level class="para1" eId="schedule-10-paragraph-4-a"><num>(a)</num><content>section 16(1) (consent of coast protection authority required for carrying out coast protection work),</content></level><level class="para1" eId="schedule-10-paragraph-4-b"><num>(b)</num><content>section 18(1) (prohibition of excavation or removal of materials from seashore), and</content></level><level class="para1" eId="schedule-10-paragraph-4-c"><num>(c)</num><content>section 34(1) (consent of Secretary of State required for works detrimental to navigation),</content></level><wrapUp>shall not apply in relation to anything done within the limits of deviation for the scheduled works in exercise of the powers conferred by this Part of this Act in relation to those works, or any work in connection with them.</wrapUp></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-highways-etc"><heading> Highways <abbr title="et cetera" xml:lang="la">etc.</abbr></heading><paragraph eId="schedule-10-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-10-paragraph-5-1"><num>(1)</num><intro>The following enactments, namely—</intro><level class="para1" eId="schedule-10-paragraph-5-1-a"><num>(a)</num><content>section 15(1) of the <noteRef href="#c1252284" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Greater London Council (General Powers) Act 1970, and</content></level><level class="para1" eId="schedule-10-paragraph-5-1-b"><num>(b)</num><content>section 169(1) of the <noteRef href="#c1252285" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Highways Act 1980,</content></level><wrapUp>(which control obstructions of the highway in connection with works related to buildings) shall not apply to anything erected, placed or retained in, upon or over a highway for the purposes of or in connection with the exercise of any of the powers conferred by this Part of this Act with respect to works.</wrapUp></subparagraph><subparagraph eId="schedule-10-paragraph-5-2"><num>(2)</num><content>Section 141 of the Highways Act 1980 (restriction on planting trees or shrubs in or near carriageway) shall not apply to any tree or shrub planted for the purposes of or in connection with the exercise of any of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-10-paragraph-5-3"><num>(3)</num><content>Section 167 of the Highways Act 1980 (powers relating to retaining walls near streets) shall not apply to any length of a retaining wall erected on land held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act.</content></subparagraph><subparagraph eId="schedule-10-paragraph-5-4"><num>(4)</num><content>Nothing in section 8(2) to (5) of the <noteRef href="#c1252286" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Greater London Council (General Powers) Act 1986 (powers of borough councils in relation to retaining walls supporting the carriageway or footway of certain highways) shall apply with respect to any retaining wall erected in exercise of the powers conferred by this Part of this Act.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-10-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-10-paragraph-5-1"><num>(1)</num><intro>The following enactments, namely—</intro><level class="para1" eId="schedule-10-paragraph-5-1-a"><num>(a)</num><content>section 15(1) of the <noteRef href="#c1252284" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Greater London Council (General Powers) Act 1970, and</content></level><level class="para1" eId="schedule-10-paragraph-5-1-b"><num>(b)</num><content>section 169(1) of the <noteRef href="#c1252285" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Highways Act 1980,</content></level><wrapUp>(which control obstructions of the highway in connection with works related to buildings) shall not apply to anything erected, placed or retained in, upon or over a highway for the purposes of or in connection with the exercise of any of the powers conferred by this Part of this Act with respect to works.</wrapUp></subparagraph><subparagraph eId="schedule-10-paragraph-5-2"><num>(2)</num><content>Section 141 of the Highways Act 1980 (restriction on planting trees or shrubs in or near carriageway) shall not apply to any tree or shrub planted for the purposes of or in connection with the exercise of any of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-10-paragraph-5-3"><num>(3)</num><content>Section 167 of the Highways Act 1980 (powers relating to retaining walls near streets) shall not apply to any length of a retaining wall erected on land held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act.</content></subparagraph><subparagraph eId="schedule-10-paragraph-5-4"><num>(4)</num><content>Nothing in section 8(2) to (5) of the <noteRef href="#c1252286" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Greater London Council (General Powers) Act 1986 (powers of borough councils in relation to retaining walls supporting the carriageway or footway of certain highways) shall apply with respect to any retaining wall erected in exercise of the powers conferred by this Part of this Act.</content></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-areas-of-special-scientific-interest"><heading><ins class="first" ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287"><noteRef uk:name="commentary" href="#c1252287" class="commentary"/> Sites of special scientific interest</ins></heading><paragraph eId="schedule-10-paragraph-6" class="schProv1"><num><noteRef href="#c1252289" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">6</ins></num><intro><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">Section 28I of the </ins><noteRef href="#c1252290" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">Wildlife and Countryside Act 1981 (statutory undertakers: duty in relation to authorising operations) shall not apply to any operation carried out for the purposes of or in connection with the exercise of any of the powers conferred by this Part of this Act with respect to works, and neither shall the following—</ins></intro><level class="para1" eId="schedule-10-paragraph-6-a"><num><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">(a)</ins></num><content><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">section 28E(1) (prohibition of operations on land forming part of a site of special scientific interest), in relation to an owner or occupier other than an authority to which section 28G of that Act applies;</ins></content></level><level class="para1" eId="schedule-10-paragraph-6-b"><num><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">(b)</ins></num><content><ins class="last" ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">sections 28G(2) (general duty of statutory undertakers) and 28H (duty of statutory undertakers when carrying out operations), in relation to such an authority.</ins></content></level></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-10-paragraph-6" class="schProv1"><num><noteRef href="#c1252289" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">6</ins></num><intro><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">Section 28I of the </ins><noteRef href="#c1252290" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">Wildlife and Countryside Act 1981 (statutory undertakers: duty in relation to authorising operations) shall not apply to any operation carried out for the purposes of or in connection with the exercise of any of the powers conferred by this Part of this Act with respect to works, and neither shall the following—</ins></intro><level class="para1" eId="schedule-10-paragraph-6-a"><num><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">(a)</ins></num><content><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">section 28E(1) (prohibition of operations on land forming part of a site of special scientific interest), in relation to an owner or occupier other than an authority to which section 28G of that Act applies;</ins></content></level><level class="para1" eId="schedule-10-paragraph-6-b"><num><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">(b)</ins></num><content><ins class="last" ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">sections 28G(2) (general duty of statutory undertakers) and 28H (duty of statutory undertakers when carrying out operations), in relation to such an authority.</ins></content></level></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-building-regulations"><heading> Building regulations</heading><paragraph eId="schedule-10-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-10-paragraph-7-1"><num>(1)</num><content>Nothing in Part I of the <noteRef href="#c1252292" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Building Act 1984 with respect to building regulations, and nothing in any building regulations, shall apply in relation to a building held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act.</content></subparagraph><subparagraph eId="schedule-10-paragraph-7-2"><num>(2)</num><content>Sub-paragraph (1) above shall not apply in relation to a building which is a house or a hotel or which is used as offices or showrooms and does not form part of a railway station.</content></subparagraph><subparagraph eId="schedule-10-paragraph-7-3"><num>(3)</num><content>Any building to which sub-paragraph (2) above applies shall be disregarded for the purposes of section 4(1)(b) of the Building Act 1984 (exception for certain buildings belonging to statutory undertakers).</content></subparagraph></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-deposits-in-the-sea"><heading> Deposits in the sea</heading><paragraph eId="schedule-10-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-10-paragraph-8-1"><num>(1)</num><content>Section 5 of the <noteRef href="#c1252293" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Food and Environment Protection Act 1985 (requirement of licences for deposit of substances and articles in the sea <abbr title="et cetera" xml:lang="la">etc.</abbr>) shall not apply to the deposit of substances and articles within the limits of deviation for Work <abbr title="Number">No.</abbr> 10, 10R(2), 13 or 22J in exercise of the powers conferred by this Part of this Act in relation to that work, or any work in connection with it.</content></subparagraph><subparagraph eId="schedule-10-paragraph-8-2"><num>(2)</num><content>In the case of substances and articles which have been excavated or dredged, sub-paragraph (1) above shall only apply to deposit in the course of use as a construction material.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-10-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-10-paragraph-9-1"><num>(1)</num><content>This paragraph applies where an application for the issue of a permit under the London Lorry Ban Order is made under paragraph 10 below or is otherwise expressed to be made in connection with the carrying out of authorised works.</content></subparagraph><subparagraph eId="schedule-10-paragraph-9-2"><num>(2)</num><intro>The application shall be granted if the issue of a permit is reasonably required—</intro><level class="para1" eId="schedule-10-paragraph-9-2-a"><num>(a)</num><content>for the purpose of enabling authorised works to be carried out in a timely and efficient manner, or</content></level><level class="para1" eId="schedule-10-paragraph-9-2-b"><num>(b)</num><content>for the purpose of enabling authorised works to be carried out in accordance with approved arrangements.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-9-3"><num>(3)</num><intro>If the application is granted, no condition may be imposed which is likely to obstruct the carrying out of authorised works—</intro><level class="para1" eId="schedule-10-paragraph-9-3-a"><num>(a)</num><content>in a timely and efficient manner, or</content></level><level class="para1" eId="schedule-10-paragraph-9-3-b"><num>(b)</num><content>in accordance with approved arrangements.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-9-4"><num>(4)</num><content>If the applicant is aggrieved by a decision under sub-paragraph (2) or (3) above, he may appeal to the Secretary of State by giving notice in writing of the appeal to him and the authority whose decision is appealed against within 28 days of notification of the decision.</content></subparagraph><subparagraph eId="schedule-10-paragraph-9-5"><num>(5)</num><content>On an appeal under sub-paragraph (4) above, the Secretary of State may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against.</content></subparagraph><subparagraph eId="schedule-10-paragraph-9-6"><num>(6)</num><content>If on an appeal under sub-paragraph (4) above against a decision under sub-paragraph (3) above the Secretary of State varies the decision, the variation shall have effect from and including the date on which the appeal was constituted or such later date as the Secretary of State may specify.</content></subparagraph><subparagraph eId="schedule-10-paragraph-9-7"><num>(7)</num><content>The applicant may not challenge a decision under sub-paragraph (3) above otherwise than by an appeal under sub-paragraph (4) above.</content></subparagraph><subparagraph eId="schedule-10-paragraph-9-8"><num>(8)</num><intro>In this paragraph—</intro><hcontainer name="definition"><intro>“<term refersTo="#term-approved-arrangements" eId="term-approved-arrangements">approved arrangements</term>” means arrangements approved for the purposes of any of the following provisions of Schedule 6 to this Act—</intro><level class="para1"><num>(a)</num><content>paragraph 7, so far as relating to item 1 or 6 in the table in that paragraph,</content></level><level class="para1"><num>(b)</num><content>paragraph 16, so far as relating to item 5 in the table in that paragraph,</content></level><level class="para1"><num>(c)</num><content>paragraph 23, so far as relating to item 5 in the table in that paragraph, and</content></level><level class="para1"><num>(d)</num><content>paragraph 25;</content></level></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-authorised-works" eId="term-authorised-works">authorised works</term>” means works authorised by this Part of this Act; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-london-lorry-ban-order" eId="term-the-london-lorry-ban-order">the London Lorry Ban Order</term>” means the Greater London (Restriction of Goods Vehicles) Traffic Order 1985.</content></hcontainer></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-london-lorries-emergency-permits"><heading> London lorries: emergency permits</heading><paragraph eId="schedule-10-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-10-paragraph-10-1"><num>(1)</num><intro>This paragraph applies where a person proposes to undertake a journey before the end of the next complete eight working days, being a journey—</intro><level class="para1" eId="schedule-10-paragraph-10-1-a"><num>(a)</num><content>proposed to be undertaken in connection with the carrying out of authorised works, and</content></level><level class="para1" eId="schedule-10-paragraph-10-1-b"><num>(b)</num><content>for which a permit under the London Lorry Ban Order will be required.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-10-2"><num>(2)</num><content>The person may apply for a permit under the Order for the journey by giving the details mentioned in sub-paragraph (3) below to the authority concerned by telephone or by means of facsimile transmission.</content></subparagraph><subparagraph eId="schedule-10-paragraph-10-3"><num>(3)</num><intro>The details referred to above are—</intro><level class="para1" eId="schedule-10-paragraph-10-3-a"><num>(a)</num><content>the identity of the applicant,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-b"><num>(b)</num><content>a number on which he can be contacted by telephone or by means of facsimile transmission,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-c"><num>(c)</num><content>the registration number of the vehicle to which the application relates,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-d"><num>(d)</num><content>the authorised works in connection with which the journey is to be undertaken,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-e"><num>(e)</num><content>whether any approved arrangements are relevant to the application, and, if so, what they are,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-f"><num>(f)</num><content>the date when the journey is proposed to be undertaken,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-g"><num>(g)</num><content>if it is proposed to stop anywhere in Greater London for the purpose of making a delivery or collection, the place or places at which, and the time or times when, it is proposed to stop for that purpose.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-10-4"><num>(4)</num><intro>In this paragraph—</intro><hcontainer name="definition"><content>“<term refersTo="#term-approved-arrangements" eId="term-approved-arrangements">approved arrangements</term>”, “<term refersTo="#term-authorised-works" eId="term-authorised-works">authorised works</term>” and “<term refersTo="#term-the-london-lorry-ban-order" eId="term-the-london-lorry-ban-order">the London Lorry Ban Order</term>” have the same meanings as in paragraph 9 above; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-working-day" eId="term-working-day">working day</term>” means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the <noteRef href="#c1252294" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Banking and Financial Dealings Act 1971.</content></hcontainer></subparagraph></paragraph><paragraph eId="schedule-10-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-10-paragraph-11-1"><num>(1)</num><content>An authority responsible for dealing with applications for permits under the London Lorry Ban Order shall make arrangements enabling applications under paragraph 10 above to be made at any time.</content></subparagraph><subparagraph eId="schedule-10-paragraph-11-2"><num>(2)</num><content>Once an application for a permit has been made under paragraph 10 above, then, for the purpose of any relevant journey, the application shall be treated as granted subject to such conditions as the Secretary of State may by order specify for the purposes of this provision.</content></subparagraph><subparagraph eId="schedule-10-paragraph-11-3"><num>(3)</num><content>A journey is a relevant journey for the purposes of sub-paragraph (2) above if it is begun before the authority to which the application is made has communicated its decision on the application to the applicant by telephone or by means of facsimile transmission.</content></subparagraph><subparagraph eId="schedule-10-paragraph-11-4"><num>(4)</num><content><mod>If an application under paragraph 10 above has been granted, or is treated as granted, then, while the vehicle concerned is undertaking a journey covered by the application, paragraph 4 of the London Lorry Ban Order and of the Westminster Lorry Ban Order shall have effect in relation to it with the substitution for paragraph (a) of—<quotedStructure startQuote="“" endQuote="”" uk:context="unknown" uk:docName="unknown" ukl:TargetClass="unknown" ukl:TargetSubClass="unknown" ukl:Context="unknown" ukl:Format="default"><level class="para1"><num>(a)</num><content>in relation to any goods vehicle being driven by any person in a restricted street during the prescribed hours in respect of which an application under paragraph 10 of Schedule 10 to the Channel Tunnel Rail Link Act 1996 has been granted, or is treated as granted, provided that any conditions subject to which the application is granted, or treated as granted, are complied with; or</content></level></quotedStructure><inline name="appendText">.</inline></mod></content></subparagraph><subparagraph eId="schedule-10-paragraph-11-5"><num>(5)</num><intro>The power to make an order under sub-paragraph (2) above includes—</intro><level class="para1" eId="schedule-10-paragraph-11-5-a"><num>(a)</num><content>power to make different provision for different cases, and</content></level><level class="para1" eId="schedule-10-paragraph-11-5-b"><num>(b)</num><content>power to make an order varying or revoking any order previously made under that provision.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-11-6"><num>(6)</num><intro>In this paragraph—</intro><hcontainer name="definition"><content>“<term refersTo="#term-the-london-lorry-ban-order" eId="term-the-london-lorry-ban-order">the London Lorry Ban Order</term>” has the same meaning as in paragraph 9 above; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-westminster-lorry-ban-order" eId="term-the-westminster-lorry-ban-order">the Westminster Lorry Ban Order</term>” means the City of Westminster (Restriction of Goods Vehicles) Traffic Order 1992.</content></hcontainer></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-10-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-10-paragraph-10-1"><num>(1)</num><intro>This paragraph applies where a person proposes to undertake a journey before the end of the next complete eight working days, being a journey—</intro><level class="para1" eId="schedule-10-paragraph-10-1-a"><num>(a)</num><content>proposed to be undertaken in connection with the carrying out of authorised works, and</content></level><level class="para1" eId="schedule-10-paragraph-10-1-b"><num>(b)</num><content>for which a permit under the London Lorry Ban Order will be required.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-10-2"><num>(2)</num><content>The person may apply for a permit under the Order for the journey by giving the details mentioned in sub-paragraph (3) below to the authority concerned by telephone or by means of facsimile transmission.</content></subparagraph><subparagraph eId="schedule-10-paragraph-10-3"><num>(3)</num><intro>The details referred to above are—</intro><level class="para1" eId="schedule-10-paragraph-10-3-a"><num>(a)</num><content>the identity of the applicant,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-b"><num>(b)</num><content>a number on which he can be contacted by telephone or by means of facsimile transmission,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-c"><num>(c)</num><content>the registration number of the vehicle to which the application relates,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-d"><num>(d)</num><content>the authorised works in connection with which the journey is to be undertaken,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-e"><num>(e)</num><content>whether any approved arrangements are relevant to the application, and, if so, what they are,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-f"><num>(f)</num><content>the date when the journey is proposed to be undertaken,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-g"><num>(g)</num><content>if it is proposed to stop anywhere in Greater London for the purpose of making a delivery or collection, the place or places at which, and the time or times when, it is proposed to stop for that purpose.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-10-4"><num>(4)</num><intro>In this paragraph—</intro><hcontainer name="definition"><content>“<term refersTo="#term-approved-arrangements" eId="term-approved-arrangements">approved arrangements</term>”, “<term refersTo="#term-authorised-works" eId="term-authorised-works">authorised works</term>” and “<term refersTo="#term-the-london-lorry-ban-order" eId="term-the-london-lorry-ban-order">the London Lorry Ban Order</term>” have the same meanings as in paragraph 9 above; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-working-day" eId="term-working-day">working day</term>” means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the <noteRef href="#c1252294" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Banking and Financial Dealings Act 1971.</content></hcontainer></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-10-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-10-paragraph-11-1"><num>(1)</num><content>An authority responsible for dealing with applications for permits under the London Lorry Ban Order shall make arrangements enabling applications under paragraph 10 above to be made at any time.</content></subparagraph><subparagraph eId="schedule-10-paragraph-11-2"><num>(2)</num><content>Once an application for a permit has been made under paragraph 10 above, then, for the purpose of any relevant journey, the application shall be treated as granted subject to such conditions as the Secretary of State may by order specify for the purposes of this provision.</content></subparagraph><subparagraph eId="schedule-10-paragraph-11-3"><num>(3)</num><content>A journey is a relevant journey for the purposes of sub-paragraph (2) above if it is begun before the authority to which the application is made has communicated its decision on the application to the applicant by telephone or by means of facsimile transmission.</content></subparagraph><subparagraph eId="schedule-10-paragraph-11-4"><num>(4)</num><content><mod>If an application under paragraph 10 above has been granted, or is treated as granted, then, while the vehicle concerned is undertaking a journey covered by the application, paragraph 4 of the London Lorry Ban Order and of the Westminster Lorry Ban Order shall have effect in relation to it with the substitution for paragraph (a) of—<quotedStructure startQuote="“" endQuote="”" uk:context="unknown" uk:docName="unknown" ukl:TargetClass="unknown" ukl:TargetSubClass="unknown" ukl:Context="unknown" ukl:Format="default"><level class="para1"><num>(a)</num><content>in relation to any goods vehicle being driven by any person in a restricted street during the prescribed hours in respect of which an application under paragraph 10 of Schedule 10 to the Channel Tunnel Rail Link Act 1996 has been granted, or is treated as granted, provided that any conditions subject to which the application is granted, or treated as granted, are complied with; or</content></level></quotedStructure><inline name="appendText">.</inline></mod></content></subparagraph><subparagraph eId="schedule-10-paragraph-11-5"><num>(5)</num><intro>The power to make an order under sub-paragraph (2) above includes—</intro><level class="para1" eId="schedule-10-paragraph-11-5-a"><num>(a)</num><content>power to make different provision for different cases, and</content></level><level class="para1" eId="schedule-10-paragraph-11-5-b"><num>(b)</num><content>power to make an order varying or revoking any order previously made under that provision.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-11-6"><num>(6)</num><intro>In this paragraph—</intro><hcontainer name="definition"><content>“<term refersTo="#term-the-london-lorry-ban-order" eId="term-the-london-lorry-ban-order">the London Lorry Ban Order</term>” has the same meaning as in paragraph 9 above; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-westminster-lorry-ban-order" eId="term-the-westminster-lorry-ban-order">the Westminster Lorry Ban Order</term>” means the City of Westminster (Restriction of Goods Vehicles) Traffic Order 1992.</content></hcontainer></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-works-under-streets-in-greater-london"><heading> Works under streets in Greater London</heading><paragraph eId="schedule-10-paragraph-12" class="schProv1"><num>12</num><intro>The following provisions of the <noteRef href="#c1252295" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Greater London Council (General Powers) Act 1986, namely—</intro><level class="para1" eId="schedule-10-paragraph-12-a"><num>(a)</num><content>section 5(1) (consent of borough council required for demolition of works under a street),</content></level><level class="para1" eId="schedule-10-paragraph-12-b"><num>(b)</num><content>section 6(1) (consent of borough council required for works preventing access to premises under a street), and</content></level><level class="para1" eId="schedule-10-paragraph-12-c"><num>(c)</num><content>section 7(1) (consent of borough council required for infilling in premises under a street),</content></level><wrapUp>shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.</wrapUp></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-10-paragraph-12" class="schProv1"><num>12</num><intro>The following provisions of the <noteRef href="#c1252295" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Greater London Council (General Powers) Act 1986, namely—</intro><level class="para1" eId="schedule-10-paragraph-12-a"><num>(a)</num><content>section 5(1) (consent of borough council required for demolition of works under a street),</content></level><level class="para1" eId="schedule-10-paragraph-12-b"><num>(b)</num><content>section 6(1) (consent of borough council required for works preventing access to premises under a street), and</content></level><level class="para1" eId="schedule-10-paragraph-12-c"><num>(c)</num><content>section 7(1) (consent of borough council required for infilling in premises under a street),</content></level><wrapUp>shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.</wrapUp></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-communication-with-public-sewers-in-london"><heading> Communication with public sewers in London</heading><paragraph eId="schedule-10-paragraph-13" class="schProv1"><num>13</num><content>Section 106(8) of the <noteRef href="#c1252296" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Industry Act 1991 (which qualifies the general right to communicate with the public sewers of a sewerage undertaker) shall not apply where the proposed communication involves a drain or sewer serving the rail link.</content></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="schedule" eId="schedule-11"><num>SCHEDULE 11<authorialNote class="referenceNote">Section 39.</authorialNote></num><heading> Burial Grounds: Removal of Human Remains and Monuments</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-11-crossheading-notice-of-removal"><heading> Notice of removal</heading><paragraph eId="schedule-11-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-11-paragraph-1-1"><num>(1)</num><intro>Before removing from the land in question any remains or any monument to the deceased, the nominated undertaker shall—</intro><level class="para1" eId="schedule-11-paragraph-1-1-a"><num>(a)</num><content>publish in each of two successive weeks in a newspaper circulating in the area where the land is situated, and</content></level><level class="para1" eId="schedule-11-paragraph-1-1-b"><num>(b)</num><content>at the same time leave displayed in a conspicuous place on or near the land,</content></level><wrapUp>a notice complying with sub-paragraph (2) below.</wrapUp></subparagraph><subparagraph eId="schedule-11-paragraph-1-2"><num>(2)</num><intro>A notice under sub-paragraph (1) above shall—</intro><level class="para1" eId="schedule-11-paragraph-1-2-a"><num>(a)</num><content>identify the land to which it relates,</content></level><level class="para1" eId="schedule-11-paragraph-1-2-b"><num>(b)</num><content>set out in general terms the effect of paragraphs 2 to 5 below,</content></level><level class="para1" eId="schedule-11-paragraph-1-2-c"><num>(c)</num><content>state where, and in what form, an application under paragraph 2(1) below may be made, and</content></level><level class="para1" eId="schedule-11-paragraph-1-2-d"><num>(d)</num><content>state how the nominated undertaker proposes to carry out its functions under this Schedule with respect to the disposal of the remains or monument.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-1-3"><num>(3)</num><intro>No notice shall be required under sub-paragraph (1) above before the removal of any remains or any monument to the deceased where the Secretary of State notifies the nominated undertaker that he is satisfied—</intro><level class="para1" eId="schedule-11-paragraph-1-3-a"><num>(a)</num><content>that the remains were interred more than 100 years ago, and</content></level><level class="para1" eId="schedule-11-paragraph-1-3-b"><num>(b)</num><content>that no relative or personal representative of the deceased is likely to object to the remains or monument being removed in accordance with this Schedule.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-1-4"><num>(4)</num><intro>No notice shall be required under sub-paragraph (1) above before the removal of any remains or any monument to the deceased if—</intro><level class="para1" eId="schedule-11-paragraph-1-4-a"><num>(a)</num><content>there is in force under section 25 of the <noteRef href="#c1252298" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Burial Act 1857 (bodies not to be removed from burial grounds without licence of the Secretary of State) a licence relating to the remains, and</content></level><level class="para1" eId="schedule-11-paragraph-1-4-b"><num>(b)</num><content>the holder of the licence is the nominated undertaker or a body corporate which is a member of the same group as the nominated undertaker.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-1-5"><num>(5)</num><content>In sub-paragraph (4)(b) above, “<term refersTo="#term-group" eId="term-group">group</term>” means a body corporate and all other bodies corporate which are its subsidiaries within the meaning of the <noteRef href="#c1252299" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Companies Act 1985.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-11-crossheading-removal-of-remains"><heading> Removal of remains</heading><paragraph eId="schedule-11-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-11-paragraph-2-1"><num>(1)</num><intro>In the case of remains in relation to which paragraph 1(1) above applies, the nominated undertaker shall issue a licence for the removal of the remains if—</intro><level class="para1" eId="schedule-11-paragraph-2-1-a"><num>(a)</num><content>it receives an application in writing from a relative or personal representative of the deceased, and</content></level><level class="para1" eId="schedule-11-paragraph-2-1-b"><num>(b)</num><content>the application is received before the end of 56 days after the day on which notice relating to the remains is first published under paragraph (a) of that provision.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-2-2"><num>(2)</num><intro>In the case of remains in relation to which paragraph 1(3) above applies, the nominated undertaker shall issue a licence for the removal of the remains if—</intro><level class="para1" eId="schedule-11-paragraph-2-2-a"><num>(a)</num><content>it receives an application in writing from a relative or personal representative of the deceased, and</content></level><level class="para1" eId="schedule-11-paragraph-2-2-b"><num>(b)</num><content>the application is received before the nominated undertaker has removed the remains under paragraph 3(1) below.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-2-3"><num>(3)</num><content>For the purposes of sub-paragraphs (1) and (2) above, a person shall be taken to be a relative or personal representative of the deceased if the nominated undertaker is satisfied that he is or the county court has declared that he is.</content></subparagraph><subparagraph eId="schedule-11-paragraph-2-4"><num>(4)</num><content>A licensee under this paragraph may remove the remains to which the licence relates and reinter them elsewhere or cremate them.</content></subparagraph><subparagraph eId="schedule-11-paragraph-2-5"><num>(5)</num><content>The reasonable costs of removal and reinterment or cremation under this paragraph shall be paid by the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-11-paragraph-2-6"><num>(6)</num><content>An application for a declaration for the purposes of sub-paragraph (3) above shall be made to the county court for the district in which the remains are interred.</content></subparagraph><subparagraph eId="schedule-11-paragraph-2-7"><num>(7)</num><intro>In this paragraph, references to a relative of the deceased are to a person who—</intro><level class="para1" eId="schedule-11-paragraph-2-7-a"><num>(a)</num><content>is a husband, wife, parent, grandparent, child or grandchild of the deceased, or</content></level><level class="para1" eId="schedule-11-paragraph-2-7-b"><num>(b)</num><content>is, or is a child of, a brother, sister, uncle or aunt of the deceased.</content></level></subparagraph></paragraph><paragraph eId="schedule-11-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-11-paragraph-3-1"><num>(1)</num><intro>In the case of remains in relation to which paragraph 1(1) or (3) above applies, the nominated undertaker may remove the remains unless—</intro><level class="para1" eId="schedule-11-paragraph-3-1-a"><num>(a)</num><content>it is required under paragraph 2(1) or (2) above to issue a licence for their removal, or</content></level><level class="para1" eId="schedule-11-paragraph-3-1-b"><num>(b)</num><content>not more than 28 days have passed since the issue under that provision of such a licence.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-3-2"><num>(2)</num><content>In the case of remains in relation to which paragraph 1(4) above applies, the nominated undertaker may remove the remains and, if it does so, shall be treated for the purposes of this Act as acting under this paragraph and not under the licence under the <noteRef href="#c1252300" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Burial Act 1857.</content></subparagraph><subparagraph eId="schedule-11-paragraph-3-3"><num>(3)</num><content>The nominated undertaker shall reinter any remains removed under this paragraph in a burial ground or cremate them in a crematorium.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-11-crossheading-removal-of-monuments"><heading> Removal of monuments</heading><paragraph eId="schedule-11-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-11-paragraph-4-1"><num>(1)</num><content>Where a licence to remove any remains is issued under paragraph 2(1) or (2) above, the licensee may remove from the land any monument to the deceased and re-erect it elsewhere or otherwise dispose of it.</content></subparagraph><subparagraph eId="schedule-11-paragraph-4-2"><num>(2)</num><content>The reasonable costs of removal and re-erection under sub-paragraph (1) above shall be paid by the nominated undertaker.</content></subparagraph></paragraph><paragraph eId="schedule-11-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-11-paragraph-5-1"><num>(1)</num><content>Where the nominated undertaker removes any remains under paragraph 3 above, it may also remove from the land any monument to the deceased.</content></subparagraph><subparagraph eId="schedule-11-paragraph-5-2"><num>(2)</num><content>Where any remains are removed under a licence under paragraph 2(1) or (2) above, the nominated undertaker may remove from the land any monument to the deceased which is not removed by the licensee within 28 days of the issue of the licence.</content></subparagraph><subparagraph eId="schedule-11-paragraph-5-3"><num>(3)</num><content>Where any remains are removed under a licence under section 25 of the Burial Act 1857, the nominated undertaker may remove from the land any monument to the deceased which is not removed by the licensee.</content></subparagraph><subparagraph eId="schedule-11-paragraph-5-4"><num>(4)</num><content>The nominated undertaker may remove any monument removed under this paragraph to the place, if any, where the remains of the deceased are interred or to some other appropriate place.</content></subparagraph><subparagraph eId="schedule-11-paragraph-5-5"><num>(5)</num><content>The nominated undertaker shall break and deface any monument removed under this paragraph which is not dealt with under sub-paragraph (4) above.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-11-crossheading-records"><heading> Records</heading><paragraph eId="schedule-11-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-11-paragraph-6-1"><num>(1)</num><intro>Where any remains are removed under this Schedule, the nominated undertaker shall, within two months of the removal, provide the Registrar General with a certificate which—</intro><level class="para1" eId="schedule-11-paragraph-6-1-a"><num>(a)</num><content>identifies the remains, so far as practicable,</content></level><level class="para1" eId="schedule-11-paragraph-6-1-b"><num>(b)</num><content>states the date on which, and the place from which, the remains were removed, and</content></level><level class="para1" eId="schedule-11-paragraph-6-1-c"><num>(c)</num><content>states the date and place of reinterment or cremation.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-6-2"><num>(2)</num><intro>Where any monument is removed under this Schedule, the nominated undertaker shall, within two months of the removal—</intro><level class="para1" eId="schedule-11-paragraph-6-2-a"><num>(a)</num><intro>deposit with the local authority in whose area the monument was situated prior to the removal a record which—</intro><level class="para2" eId="schedule-11-paragraph-6-2-a-i"><num>(i)</num><content>identifies the monument,</content></level><level class="para2" eId="schedule-11-paragraph-6-2-a-ii"><num>(ii)</num><content>gives any inscription on it,</content></level><level class="para2" eId="schedule-11-paragraph-6-2-a-iii"><num>(iii)</num><content>states the date on which and the place from which it was removed, and</content></level><level class="para2" eId="schedule-11-paragraph-6-2-a-iv"><num>(iv)</num><content>states the place, if any, to which it was moved or how it was disposed of,</content></level><wrapUp>and</wrapUp></level><level class="para1" eId="schedule-11-paragraph-6-2-b"><num>(b)</num><content>provide the Registrar General with a copy of the record deposited under paragraph (a) above.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-6-3"><num>(3)</num><content>The nominated undertaker may require any person who removes remains or a monument under this Schedule to provide it with any information about the remains or monument removed which it needs to comply with sub-paragraph (1) or (2) above.</content></subparagraph><subparagraph eId="schedule-11-paragraph-6-4"><num>(4)</num><content>In sub-paragraph (2)(a) above, “<term refersTo="#term-local-authority" eId="term-local-authority">local authority</term>” means a district or London borough council or the Common Council of the City of London.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-11-crossheading-supplementary"><heading> Supplementary</heading><paragraph eId="schedule-11-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-11-paragraph-7-1"><num>(1)</num><intro>Where the nominated undertaker removes remains in relation to the removal of which a licence has been granted under paragraph 2(1) or (2) above, it shall carry out in accordance with the reasonable requests of the licensee—</intro><level class="para1" eId="schedule-11-paragraph-7-1-a"><num>(a)</num><content>its functions under paragraph 3 above with respect to disposal of the remains, and</content></level><level class="para1" eId="schedule-11-paragraph-7-1-b"><num>(b)</num><content>if it removes any monument to the deceased, its functions under paragraph 5 above with respect to disposal of the monument.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-7-2"><num>(2)</num><content>The Secretary of State may give such directions as he thinks fit with respect to the carrying out of any function under this Schedule.</content></subparagraph><subparagraph eId="schedule-11-paragraph-7-3"><num>(3)</num><content>No licence shall be required under section 25 of the <noteRef href="#c1252301" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Burial Act 1857 for the removal under this Schedule of any remains.</content></subparagraph><subparagraph eId="schedule-11-paragraph-7-4"><num>(4)</num><content>Nothing in any enactment relating to burial grounds and no obligation or restriction imposed under ecclesiastical law or otherwise shall have effect to prohibit, restrict or impose any condition on the removal under this Schedule of any remains or monument.</content></subparagraph></paragraph></hcontainer></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-11-crossheading-notice-of-removal"><heading> Notice of removal</heading><paragraph eId="schedule-11-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-11-paragraph-1-1"><num>(1)</num><intro>Before removing from the land in question any remains or any monument to the deceased, the nominated undertaker shall—</intro><level class="para1" eId="schedule-11-paragraph-1-1-a"><num>(a)</num><content>publish in each of two successive weeks in a newspaper circulating in the area where the land is situated, and</content></level><level class="para1" eId="schedule-11-paragraph-1-1-b"><num>(b)</num><content>at the same time leave displayed in a conspicuous place on or near the land,</content></level><wrapUp>a notice complying with sub-paragraph (2) below.</wrapUp></subparagraph><subparagraph eId="schedule-11-paragraph-1-2"><num>(2)</num><intro>A notice under sub-paragraph (1) above shall—</intro><level class="para1" eId="schedule-11-paragraph-1-2-a"><num>(a)</num><content>identify the land to which it relates,</content></level><level class="para1" eId="schedule-11-paragraph-1-2-b"><num>(b)</num><content>set out in general terms the effect of paragraphs 2 to 5 below,</content></level><level class="para1" eId="schedule-11-paragraph-1-2-c"><num>(c)</num><content>state where, and in what form, an application under paragraph 2(1) below may be made, and</content></level><level class="para1" eId="schedule-11-paragraph-1-2-d"><num>(d)</num><content>state how the nominated undertaker proposes to carry out its functions under this Schedule with respect to the disposal of the remains or monument.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-1-3"><num>(3)</num><intro>No notice shall be required under sub-paragraph (1) above before the removal of any remains or any monument to the deceased where the Secretary of State notifies the nominated undertaker that he is satisfied—</intro><level class="para1" eId="schedule-11-paragraph-1-3-a"><num>(a)</num><content>that the remains were interred more than 100 years ago, and</content></level><level class="para1" eId="schedule-11-paragraph-1-3-b"><num>(b)</num><content>that no relative or personal representative of the deceased is likely to object to the remains or monument being removed in accordance with this Schedule.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-1-4"><num>(4)</num><intro>No notice shall be required under sub-paragraph (1) above before the removal of any remains or any monument to the deceased if—</intro><level class="para1" eId="schedule-11-paragraph-1-4-a"><num>(a)</num><content>there is in force under section 25 of the <noteRef href="#c1252298" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Burial Act 1857 (bodies not to be removed from burial grounds without licence of the Secretary of State) a licence relating to the remains, and</content></level><level class="para1" eId="schedule-11-paragraph-1-4-b"><num>(b)</num><content>the holder of the licence is the nominated undertaker or a body corporate which is a member of the same group as the nominated undertaker.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-1-5"><num>(5)</num><content>In sub-paragraph (4)(b) above, “<term refersTo="#term-group" eId="term-group">group</term>” means a body corporate and all other bodies corporate which are its subsidiaries within the meaning of the <noteRef href="#c1252299" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Companies Act 1985.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-11-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-11-paragraph-1-1"><num>(1)</num><intro>Before removing from the land in question any remains or any monument to the deceased, the nominated undertaker shall—</intro><level class="para1" eId="schedule-11-paragraph-1-1-a"><num>(a)</num><content>publish in each of two successive weeks in a newspaper circulating in the area where the land is situated, and</content></level><level class="para1" eId="schedule-11-paragraph-1-1-b"><num>(b)</num><content>at the same time leave displayed in a conspicuous place on or near the land,</content></level><wrapUp>a notice complying with sub-paragraph (2) below.</wrapUp></subparagraph><subparagraph eId="schedule-11-paragraph-1-2"><num>(2)</num><intro>A notice under sub-paragraph (1) above shall—</intro><level class="para1" eId="schedule-11-paragraph-1-2-a"><num>(a)</num><content>identify the land to which it relates,</content></level><level class="para1" eId="schedule-11-paragraph-1-2-b"><num>(b)</num><content>set out in general terms the effect of paragraphs 2 to 5 below,</content></level><level class="para1" eId="schedule-11-paragraph-1-2-c"><num>(c)</num><content>state where, and in what form, an application under paragraph 2(1) below may be made, and</content></level><level class="para1" eId="schedule-11-paragraph-1-2-d"><num>(d)</num><content>state how the nominated undertaker proposes to carry out its functions under this Schedule with respect to the disposal of the remains or monument.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-1-3"><num>(3)</num><intro>No notice shall be required under sub-paragraph (1) above before the removal of any remains or any monument to the deceased where the Secretary of State notifies the nominated undertaker that he is satisfied—</intro><level class="para1" eId="schedule-11-paragraph-1-3-a"><num>(a)</num><content>that the remains were interred more than 100 years ago, and</content></level><level class="para1" eId="schedule-11-paragraph-1-3-b"><num>(b)</num><content>that no relative or personal representative of the deceased is likely to object to the remains or monument being removed in accordance with this Schedule.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-1-4"><num>(4)</num><intro>No notice shall be required under sub-paragraph (1) above before the removal of any remains or any monument to the deceased if—</intro><level class="para1" eId="schedule-11-paragraph-1-4-a"><num>(a)</num><content>there is in force under section 25 of the <noteRef href="#c1252298" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Burial Act 1857 (bodies not to be removed from burial grounds without licence of the Secretary of State) a licence relating to the remains, and</content></level><level class="para1" eId="schedule-11-paragraph-1-4-b"><num>(b)</num><content>the holder of the licence is the nominated undertaker or a body corporate which is a member of the same group as the nominated undertaker.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-1-5"><num>(5)</num><content>In sub-paragraph (4)(b) above, “<term refersTo="#term-group" eId="term-group">group</term>” means a body corporate and all other bodies corporate which are its subsidiaries within the meaning of the <noteRef href="#c1252299" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Companies Act 1985.</content></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-11-crossheading-removal-of-remains"><heading> Removal of remains</heading><paragraph eId="schedule-11-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-11-paragraph-2-1"><num>(1)</num><intro>In the case of remains in relation to which paragraph 1(1) above applies, the nominated undertaker shall issue a licence for the removal of the remains if—</intro><level class="para1" eId="schedule-11-paragraph-2-1-a"><num>(a)</num><content>it receives an application in writing from a relative or personal representative of the deceased, and</content></level><level class="para1" eId="schedule-11-paragraph-2-1-b"><num>(b)</num><content>the application is received before the end of 56 days after the day on which notice relating to the remains is first published under paragraph (a) of that provision.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-2-2"><num>(2)</num><intro>In the case of remains in relation to which paragraph 1(3) above applies, the nominated undertaker shall issue a licence for the removal of the remains if—</intro><level class="para1" eId="schedule-11-paragraph-2-2-a"><num>(a)</num><content>it receives an application in writing from a relative or personal representative of the deceased, and</content></level><level class="para1" eId="schedule-11-paragraph-2-2-b"><num>(b)</num><content>the application is received before the nominated undertaker has removed the remains under paragraph 3(1) below.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-2-3"><num>(3)</num><content>For the purposes of sub-paragraphs (1) and (2) above, a person shall be taken to be a relative or personal representative of the deceased if the nominated undertaker is satisfied that he is or the county court has declared that he is.</content></subparagraph><subparagraph eId="schedule-11-paragraph-2-4"><num>(4)</num><content>A licensee under this paragraph may remove the remains to which the licence relates and reinter them elsewhere or cremate them.</content></subparagraph><subparagraph eId="schedule-11-paragraph-2-5"><num>(5)</num><content>The reasonable costs of removal and reinterment or cremation under this paragraph shall be paid by the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-11-paragraph-2-6"><num>(6)</num><content>An application for a declaration for the purposes of sub-paragraph (3) above shall be made to the county court for the district in which the remains are interred.</content></subparagraph><subparagraph eId="schedule-11-paragraph-2-7"><num>(7)</num><intro>In this paragraph, references to a relative of the deceased are to a person who—</intro><level class="para1" eId="schedule-11-paragraph-2-7-a"><num>(a)</num><content>is a husband, wife, parent, grandparent, child or grandchild of the deceased, or</content></level><level class="para1" eId="schedule-11-paragraph-2-7-b"><num>(b)</num><content>is, or is a child of, a brother, sister, uncle or aunt of the deceased.</content></level></subparagraph></paragraph><paragraph eId="schedule-11-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-11-paragraph-3-1"><num>(1)</num><intro>In the case of remains in relation to which paragraph 1(1) or (3) above applies, the nominated undertaker may remove the remains unless—</intro><level class="para1" eId="schedule-11-paragraph-3-1-a"><num>(a)</num><content>it is required under paragraph 2(1) or (2) above to issue a licence for their removal, or</content></level><level class="para1" eId="schedule-11-paragraph-3-1-b"><num>(b)</num><content>not more than 28 days have passed since the issue under that provision of such a licence.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-3-2"><num>(2)</num><content>In the case of remains in relation to which paragraph 1(4) above applies, the nominated undertaker may remove the remains and, if it does so, shall be treated for the purposes of this Act as acting under this paragraph and not under the licence under the <noteRef href="#c1252300" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Burial Act 1857.</content></subparagraph><subparagraph eId="schedule-11-paragraph-3-3"><num>(3)</num><content>The nominated undertaker shall reinter any remains removed under this paragraph in a burial ground or cremate them in a crematorium.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-11-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-11-paragraph-2-1"><num>(1)</num><intro>In the case of remains in relation to which paragraph 1(1) above applies, the nominated undertaker shall issue a licence for the removal of the remains if—</intro><level class="para1" eId="schedule-11-paragraph-2-1-a"><num>(a)</num><content>it receives an application in writing from a relative or personal representative of the deceased, and</content></level><level class="para1" eId="schedule-11-paragraph-2-1-b"><num>(b)</num><content>the application is received before the end of 56 days after the day on which notice relating to the remains is first published under paragraph (a) of that provision.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-2-2"><num>(2)</num><intro>In the case of remains in relation to which paragraph 1(3) above applies, the nominated undertaker shall issue a licence for the removal of the remains if—</intro><level class="para1" eId="schedule-11-paragraph-2-2-a"><num>(a)</num><content>it receives an application in writing from a relative or personal representative of the deceased, and</content></level><level class="para1" eId="schedule-11-paragraph-2-2-b"><num>(b)</num><content>the application is received before the nominated undertaker has removed the remains under paragraph 3(1) below.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-2-3"><num>(3)</num><content>For the purposes of sub-paragraphs (1) and (2) above, a person shall be taken to be a relative or personal representative of the deceased if the nominated undertaker is satisfied that he is or the county court has declared that he is.</content></subparagraph><subparagraph eId="schedule-11-paragraph-2-4"><num>(4)</num><content>A licensee under this paragraph may remove the remains to which the licence relates and reinter them elsewhere or cremate them.</content></subparagraph><subparagraph eId="schedule-11-paragraph-2-5"><num>(5)</num><content>The reasonable costs of removal and reinterment or cremation under this paragraph shall be paid by the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-11-paragraph-2-6"><num>(6)</num><content>An application for a declaration for the purposes of sub-paragraph (3) above shall be made to the county court for the district in which the remains are interred.</content></subparagraph><subparagraph eId="schedule-11-paragraph-2-7"><num>(7)</num><intro>In this paragraph, references to a relative of the deceased are to a person who—</intro><level class="para1" eId="schedule-11-paragraph-2-7-a"><num>(a)</num><content>is a husband, wife, parent, grandparent, child or grandchild of the deceased, or</content></level><level class="para1" eId="schedule-11-paragraph-2-7-b"><num>(b)</num><content>is, or is a child of, a brother, sister, uncle or aunt of the deceased.</content></level></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-11-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-11-paragraph-3-1"><num>(1)</num><intro>In the case of remains in relation to which paragraph 1(1) or (3) above applies, the nominated undertaker may remove the remains unless—</intro><level class="para1" eId="schedule-11-paragraph-3-1-a"><num>(a)</num><content>it is required under paragraph 2(1) or (2) above to issue a licence for their removal, or</content></level><level class="para1" eId="schedule-11-paragraph-3-1-b"><num>(b)</num><content>not more than 28 days have passed since the issue under that provision of such a licence.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-3-2"><num>(2)</num><content>In the case of remains in relation to which paragraph 1(4) above applies, the nominated undertaker may remove the remains and, if it does so, shall be treated for the purposes of this Act as acting under this paragraph and not under the licence under the <noteRef href="#c1252300" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Burial Act 1857.</content></subparagraph><subparagraph eId="schedule-11-paragraph-3-3"><num>(3)</num><content>The nominated undertaker shall reinter any remains removed under this paragraph in a burial ground or cremate them in a crematorium.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-11-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-11-paragraph-4-1"><num>(1)</num><content>Where a licence to remove any remains is issued under paragraph 2(1) or (2) above, the licensee may remove from the land any monument to the deceased and re-erect it elsewhere or otherwise dispose of it.</content></subparagraph><subparagraph eId="schedule-11-paragraph-4-2"><num>(2)</num><content>The reasonable costs of removal and re-erection under sub-paragraph (1) above shall be paid by the nominated undertaker.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-11-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-11-paragraph-5-1"><num>(1)</num><content>Where the nominated undertaker removes any remains under paragraph 3 above, it may also remove from the land any monument to the deceased.</content></subparagraph><subparagraph eId="schedule-11-paragraph-5-2"><num>(2)</num><content>Where any remains are removed under a licence under paragraph 2(1) or (2) above, the nominated undertaker may remove from the land any monument to the deceased which is not removed by the licensee within 28 days of the issue of the licence.</content></subparagraph><subparagraph eId="schedule-11-paragraph-5-3"><num>(3)</num><content>Where any remains are removed under a licence under section 25 of the Burial Act 1857, the nominated undertaker may remove from the land any monument to the deceased which is not removed by the licensee.</content></subparagraph><subparagraph eId="schedule-11-paragraph-5-4"><num>(4)</num><content>The nominated undertaker may remove any monument removed under this paragraph to the place, if any, where the remains of the deceased are interred or to some other appropriate place.</content></subparagraph><subparagraph eId="schedule-11-paragraph-5-5"><num>(5)</num><content>The nominated undertaker shall break and deface any monument removed under this paragraph which is not dealt with under sub-paragraph (4) above.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-11-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-11-paragraph-6-1"><num>(1)</num><intro>Where any remains are removed under this Schedule, the nominated undertaker shall, within two months of the removal, provide the Registrar General with a certificate which—</intro><level class="para1" eId="schedule-11-paragraph-6-1-a"><num>(a)</num><content>identifies the remains, so far as practicable,</content></level><level class="para1" eId="schedule-11-paragraph-6-1-b"><num>(b)</num><content>states the date on which, and the place from which, the remains were removed, and</content></level><level class="para1" eId="schedule-11-paragraph-6-1-c"><num>(c)</num><content>states the date and place of reinterment or cremation.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-6-2"><num>(2)</num><intro>Where any monument is removed under this Schedule, the nominated undertaker shall, within two months of the removal—</intro><level class="para1" eId="schedule-11-paragraph-6-2-a"><num>(a)</num><intro>deposit with the local authority in whose area the monument was situated prior to the removal a record which—</intro><level class="para2" eId="schedule-11-paragraph-6-2-a-i"><num>(i)</num><content>identifies the monument,</content></level><level class="para2" eId="schedule-11-paragraph-6-2-a-ii"><num>(ii)</num><content>gives any inscription on it,</content></level><level class="para2" eId="schedule-11-paragraph-6-2-a-iii"><num>(iii)</num><content>states the date on which and the place from which it was removed, and</content></level><level class="para2" eId="schedule-11-paragraph-6-2-a-iv"><num>(iv)</num><content>states the place, if any, to which it was moved or how it was disposed of,</content></level><wrapUp>and</wrapUp></level><level class="para1" eId="schedule-11-paragraph-6-2-b"><num>(b)</num><content>provide the Registrar General with a copy of the record deposited under paragraph (a) above.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-6-3"><num>(3)</num><content>The nominated undertaker may require any person who removes remains or a monument under this Schedule to provide it with any information about the remains or monument removed which it needs to comply with sub-paragraph (1) or (2) above.</content></subparagraph><subparagraph eId="schedule-11-paragraph-6-4"><num>(4)</num><content>In sub-paragraph (2)(a) above, “<term refersTo="#term-local-authority" eId="term-local-authority">local authority</term>” means a district or London borough council or the Common Council of the City of London.</content></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-11-crossheading-supplementary"><heading> Supplementary</heading><paragraph eId="schedule-11-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-11-paragraph-7-1"><num>(1)</num><intro>Where the nominated undertaker removes remains in relation to the removal of which a licence has been granted under paragraph 2(1) or (2) above, it shall carry out in accordance with the reasonable requests of the licensee—</intro><level class="para1" eId="schedule-11-paragraph-7-1-a"><num>(a)</num><content>its functions under paragraph 3 above with respect to disposal of the remains, and</content></level><level class="para1" eId="schedule-11-paragraph-7-1-b"><num>(b)</num><content>if it removes any monument to the deceased, its functions under paragraph 5 above with respect to disposal of the monument.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-7-2"><num>(2)</num><content>The Secretary of State may give such directions as he thinks fit with respect to the carrying out of any function under this Schedule.</content></subparagraph><subparagraph eId="schedule-11-paragraph-7-3"><num>(3)</num><content>No licence shall be required under section 25 of the <noteRef href="#c1252301" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Burial Act 1857 for the removal under this Schedule of any remains.</content></subparagraph><subparagraph eId="schedule-11-paragraph-7-4"><num>(4)</num><content>Nothing in any enactment relating to burial grounds and no obligation or restriction imposed under ecclesiastical law or otherwise shall have effect to prohibit, restrict or impose any condition on the removal under this Schedule of any remains or monument.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-11-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-11-paragraph-7-1"><num>(1)</num><intro>Where the nominated undertaker removes remains in relation to the removal of which a licence has been granted under paragraph 2(1) or (2) above, it shall carry out in accordance with the reasonable requests of the licensee—</intro><level class="para1" eId="schedule-11-paragraph-7-1-a"><num>(a)</num><content>its functions under paragraph 3 above with respect to disposal of the remains, and</content></level><level class="para1" eId="schedule-11-paragraph-7-1-b"><num>(b)</num><content>if it removes any monument to the deceased, its functions under paragraph 5 above with respect to disposal of the monument.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-7-2"><num>(2)</num><content>The Secretary of State may give such directions as he thinks fit with respect to the carrying out of any function under this Schedule.</content></subparagraph><subparagraph eId="schedule-11-paragraph-7-3"><num>(3)</num><content>No licence shall be required under section 25 of the <noteRef href="#c1252301" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Burial Act 1857 for the removal under this Schedule of any remains.</content></subparagraph><subparagraph eId="schedule-11-paragraph-7-4"><num>(4)</num><content>Nothing in any enactment relating to burial grounds and no obligation or restriction imposed under ecclesiastical law or otherwise shall have effect to prohibit, restrict or impose any condition on the removal under this Schedule of any remains or monument.</content></subparagraph></paragraph>

<part xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-12-part-I"><num>Part I</num><heading> The Authorised Works</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-12-part-I-crossheading-description-of-works"><heading> Description of works</heading><paragraph eId="schedule-12-paragraph-1" class="schProv1"><num>1</num><content>The works which the Secretary of State is authorised by section 44 of this Act to construct are the following—In the county of Kent—In the borough of Gravesham, parishes of Cobham, Higham and Shorne—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn1" class="schProv1"><num>Work No. 31—</num><content>Improvement of the A2 between its junction with Halfpence Lane (C492) and its junction with the M2 at Junction 1, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn2" class="schProv1"><num>Work No. 31A—</num><content>Improvement and realignment of the eastbound carriageway of the A2 commencing at a point 115 metres east of the bridge carrying Brewers Road over that road, passing eastwards and terminating at a point 100 metres west of the bridge carrying the westbound slip road of the A2 over the M2 at Junction 1;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn3" class="schProv1"><num>Work No. 31B—</num><content>Improvement and realignment of the westbound carriageway of the A2 commencing at a point 340 metres west of the said bridge carrying Brewers Road over that road, passing eastwards and terminating at a point 220 metres west of the bridge carrying the said westbound slip road over that road;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn4" class="schProv1"><num>Work No. 32—</num><content>Improvement of the junction of Halfpence Lane (C492) and Brewers Road with the A2 at Cobham Junction, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn5" class="schProv1"><num>Work No. 32A—</num><content>A road, forming an entry slip road to the eastbound carriageway of the A2 (Work <abbr title="Number">No.</abbr> 31A), commencing by a junction with Brewers Road at a point 150 metres north-east of the north-eastern abutment of the bridge carrying that road over the A2, passing southwards and terminating by a junction with that carriageway at a point 410 metres east of that bridge;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn6" class="schProv1"><num>Work No. 32B—</num><content>A road, forming an exit slip road from the westbound carriageway of the A2 (Work <abbr title="Number">No.</abbr> 31B), commencing by a junction with the C492 at a point 150 metres south-west of the existing junction of Brewers Road with that road, passing northwards, then north-eastwards over the railway (Work <abbr title="Number">No.</abbr> 12) in tunnel, and terminating by a junction with that carriageway at a point 20 metres west of the said bridge over the A2, including a roundabout at the junction of the slip road with Brewers Road (Work <abbr title="Number">No.</abbr> 32C);</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn7" class="schProv1"><num>Work No. 32C—</num><content>A road, forming an entry slip road to the westbound carriageway of the A2 from the C492 commencing at a point 30 metres south-east of that carriageway, passing southwards over the railway (Work <abbr title="Number">No.</abbr> 12), passing eastwards through the roundabout (part of Work <abbr title="Number">No.</abbr> 32B) along Brewers Road and terminating at a point 160 metres west of the said roundabout, including a bridge over Work <abbr title="Number">No.</abbr> 12;In the borough of Gravesham, parishes of Cobham, Higham and Shorne, and in the city of Rochester-upon-Medway, town of Rochester and parish of Cuxton—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn8" class="schProv1"><num>Work No. 33—</num><content>Improvement of the M2 between Junction 1 and Junction 2, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn9" class="schProv1"><num>Work No. 33A—</num><content>Improvement and realignment of the M2 to form the eastbound carriageway of the motorway, commencing by a junction with Work <abbr title="Number">No.</abbr> 31A at its termination, passing south-eastwards under the A2 (Work <abbr title="Number">No.</abbr> 35A) at Junction 1 of the M2, over the existing subway by which footpath NS 183 passes under the M2, then over the road (Work <abbr title="Number">No.</abbr> 36E) and under Rochester Road (Work <abbr title="Number">No.</abbr> 36F) and the cycle track (Work <abbr title="Number">No.</abbr> 36G), over the London and Chatham Railway and terminating on the existing bridge carrying the M2 over that railway at a point 20 metres south-east of that railway, including a bridge over Work <abbr title="Number">No.</abbr> 36E;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn10" class="schProv1"><num>Work No. 33B—</num><content>A road, forming the westbound carriageway of the M2, commencing by a junction with Work <abbr title="Number">No.</abbr> 31B at its termination, passing south-eastwards under the A2 (Work <abbr title="Number">No.</abbr> 35A) at Junction 1 of the M2, over footpath NS 183, then over Work <abbr title="Number">No.</abbr> 36E and under Work <abbr title="Number">No.</abbr> 36F and Work <abbr title="Number">No.</abbr> 36G, over the London and Chatham railway and terminating at a point 180 metres south-east of that railway, including bridges over Work <abbr title="Number">No.</abbr> 36E and the said railway and extension of the subway for the footpath NS 183;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn11" class="schProv1"><num>Work No. 34—</num><content>Improvement of Junction 1 of the M2 comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn12" class="schProv1"><num>Work No. 34A—</num><content>A road, forming the exit slip road from the eastbound carriageway of the A2, commencing by a junction with that carriageway (Work <abbr title="Number">No.</abbr> 31A) at a point 210 metres west of the existing bridge carrying the footpath between Park Pale and the Rochester and Cobham Park Golf Course, passing eastwards and terminating in the A2 at a point 20 metres east of the junction of Crutches Lane with that road;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn13" class="schProv1"><num>Work No. 34B—</num><content>A road, forming the entry slip road to the eastbound carriageway of the M2, commencing at a point on the northern side of Old Watling Street 270 metres east of its junction with Bowesden Lane and terminating in the M2 (Work <abbr title="Number">No.</abbr> 33A) at a point 30 metres north-west of the bridge carrying the A2 (Work <abbr title="Number">No.</abbr> 35A) over the M2;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn14" class="schProv1"><num>Work No. 34C—</num><content>A road, forming the exit slip road from the westbound carriageway of the M2, commencing in the intended eastbound entry slip road to the Wainscott Northern Bypass at a point 435 metres east of the bridge carrying the said footpath between Park Pale and the Rochester and Cobham Park Golf Course over the M2 and terminating in the M2 (Work No.33B) at a point 190 metres from that commencement;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn15" class="schProv1"><num>Work No. 35—</num><content>Roads between the junction of the A2 and Halfpence Lane (C492) and Junction 1 of the M2, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn16" class="schProv1"><num>Work No. 35A—</num><content>Diversion of the A2 at Junction 1 commencing in the westbound carriageway of the A2 (Work <abbr title="Number">No.</abbr> 31B) at a point 660 metres east of the existing bridge carrying Brewers Road over the A2, passing eastwards on the southern side of the A2, then north-eastwards over the M2 (Works <abbr title="Numbers">Nos.</abbr> 33A and 33B) on the northern side of the existing bridge carrying the westbound slip road from the A2 over the M2, continuing eastwards and terminating in the westbound carriageway of the A2 at a point 20 metres east of the junction of Crutches Lane with that road, including bridges over Works <abbr title="Numbers">Nos.</abbr> 33A and 33B;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn17" class="schProv1"><num>Work No. 35B—</num><content>A road, forming a diversion of the access road to the Colewood Reservoirs of Southern Water Services Limited, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 35A) at a point 230 metres west of the junction of the existing access road with the A2, passing southwards then eastwards and terminating by a junction with the existing access on the northern side of those reservoirs;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn18" class="schProv1"><num>Work No. 36—</num><content>Improvement of Junction 2 of the M2, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn19" class="schProv1"><num>Work No. 36A—</num><content>A road, forming the exit slip road from the eastbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 33A) at Junction 2, commencing by a junction with that carriageway at a point 550 metres north-west of the existing subway by which the footpath RS 203 passes under the M2, passing south-eastwards and terminating at the eastern junction roundabout (part of Work <abbr title="Number">No.</abbr> 36E);</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn20" class="schProv1"><num>Work No. 36B—</num><content>A road, forming the entry slip road to the eastbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 33A) at Junction 2, commencing at the said eastern junction roundabout (part of Work <abbr title="Number">No.</abbr> 36E), passing southwards under Rochester Road (Work <abbr title="Number">No.</abbr> 36F) and the cycle track (Work <abbr title="Number">No.</abbr> 36G), over the London and Chatham Railway and terminating by a junction with Work <abbr title="Number">No.</abbr> 33A at its termination;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn21" class="schProv1"><num>Work No. 36C—</num><content>A road, forming the entry slip road on to the westbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 33B) at Junction 2, commencing by a junction with that carriageway at a point 590 metres north-west of the southern end of the said existing subway, passing south-eastwards under the railway (Work <abbr title="Number">No.</abbr> 13) and terminating at the western junction roundabout (part of Work <abbr title="Number">No.</abbr> 36E);</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn22" class="schProv1"><num>Work No. 36D—</num><content>A road, forming the exit slip road from the westbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 33B) at Junction 2, commencing at the western junction roundabout (part of Work <abbr title="Number">No.</abbr> 36E), passing south-eastwards under the railway (Work <abbr title="Number">No.</abbr> 13), under Rochester Road (Work <abbr title="Number">No.</abbr> 36F) and the cycle track (Work <abbr title="Number">No.</abbr> 36G) and over the London and Chatham Railway and terminating by a junction with the westbound carriageway (Work <abbr title="Number">No.</abbr> 37B) at a point 160 metres south-east of that railway, including a bridge over the London and Chatham Railway;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn23" class="schProv1"><num>Work No. 36E—</num><content>A road, forming dual carriageways, commencing by junctions with Work <abbr title="Number">No.</abbr> 36A at its termination and Work <abbr title="Number">No.</abbr> 36B at its commencement at the eastern junction roundabout, the centre of which is at a point 180 metres south of the junction of Bootham Close with Rushdean Road, passing south-westwards under the M2 (Works <abbr title="Numbers">Nos.</abbr> 33A and 33B) and the railway (Work <abbr title="Number">No.</abbr> 13) to junctions with Work <abbr title="Number">No.</abbr> 36C at its termination and Work <abbr title="Number">No.</abbr> 36D at its commencement at the western junction roundabout, the centre of which is at a point 355 metres south-west of the junction of Bootham Close with Rushdean Road, then passing southwards and terminating by a junction with the A228 (Rochester Road) (Work No.38F) at a roundabout, the centre of which is at a point 190 metres north-east of the northern end of the existing bridge carrying the A228 over the London and Chatham Railway, including those roundabouts;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn24" class="schProv1"><num>Work No. 36F—</num><content>A road, being a diversion of the A228, commencing in that road at the northern end of the said bridge carrying that road over the London and Chatham Railway, passing north-eastwards over the cycle track (Work <abbr title="Number">No.</abbr> 36H) to the roundabout (part of Work <abbr title="Number">No.</abbr> 36E), then north-eastwards over the railway (Work <abbr title="Number">No.</abbr> 13) and the M2 (Works <abbr title="Numbers">Nos.</abbr> 36B, 33A, 33B and 36D), over the cycle track (Work <abbr title="Number">No.</abbr> 36J) and terminating in the A228 at a point 30 metres south-west of the junction of Roman Way with that road, including bridges over Works <abbr title="Numbers">Nos.</abbr> 13, 33A, 33B, 36B, 36D 36H and 36J;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn25" class="schProv1"><num>Work No. 36G—</num><content>A cycle track on the southern side of the A228 (Work <abbr title="Number">No.</abbr> 36F) commencing by a junction with that work at a point 45 metres north-east of its commencement, passing north-eastwards on the eastern side of Work <abbr title="Number">No.</abbr> 36F to a junction with the cycle track (Work <abbr title="Number">No.</abbr> 36H), then over Work <abbr title="Number">No.</abbr> 13, the M2 and Work <abbr title="Number">No.</abbr> 36J and terminating by a junction with the A228 at a point 370 metres south-west of the termination of Work <abbr title="Number">No.</abbr> 36F;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn26" class="schProv1"><num>Work No. 36H—</num><content>A cycle track commencing by a junction with the A228 (Work <abbr title="Number">No.</abbr> 36F) at a point 60 metres north-east of its commencement, passing northwards then eastwards and south-eastwards under the A228 and terminating by a junction with Work <abbr title="Number">No.</abbr> 36G at a point 90 metres north-east of the commencement of that work;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn27" class="schProv1"><num>Work No. 36J—</num><content>A cycle track commencing by a junction with the A228 (Work <abbr title="Number">No.</abbr> 36F) at a point 370 metres south-west of its termination, passing westwards then southwards under the A228 and terminating by a junction with the cycle track (Work <abbr title="Number">No.</abbr> 36K) at a point 180 metres north-east of the termination of that work;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn28" class="schProv1"><num>Work No. 36K—</num><content>Realignment and improvement of the cycle track between the A228 and the bridge carrying the M2 over the River Medway, commencing by a junction with the cycle track (Work <abbr title="Number">No.</abbr> 36G) at a point 45 metres south-west of its termination, passing southwards to a junction with the cycle track (Work <abbr title="Number">No.</abbr> 36J), then south-westwards and south-eastwards and terminating by a junction with the existing cycle track at a point 5 metres south-east of the western abutment of the bridge carrying the M2 over the London and Chatham Railway;In the city of Rochester-upon-Medway, town of Rochester and parish of Cuxton, and in the borough of Tonbridge and Malling, parishes of Wouldham and Aylesford—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn29" class="schProv1"><num>Work No. 37—</num><content>Improvement of the M2 between Junctions 2 and 3, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn30" class="schProv1"><num>Work No. 37A—</num><content>Improvement and realignment of the M2 to form the eastbound carriageway of the motorway, commencing by a junction with Work <abbr title="Number">No.</abbr> 33A at its termination, passing south-eastwards on the existing viaduct over the Strood and Maidstone Railway and the River Medway, then over Wouldham Road (Work <abbr title="Number">No.</abbr> 38B) and under Work <abbr title="Number">No.</abbr> 38F, then continuing south-eastwards to Junction 3 (Work <abbr title="Number">No.</abbr> 39), under the A229 (Work <abbr title="Number">No.</abbr> 40A) east of Buckmore Park, the new roundabout (Work <abbr title="Number">No.</abbr> 39E) and Robin Hood Lane (Work <abbr title="Number">No.</abbr> 41C) and over footpath MR 440 and terminating at a point 145 metres south-west of the junction of Woodbury Road with Walderslade Woods, including a bridge over Work <abbr title="Number">No.</abbr> 38B;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn31" class="schProv1"><num>Work No. 37B—</num><content>A road, forming the westbound carriageway of the M2, commencing by a junction with Work <abbr title="Number">No.</abbr> 33B at its termination, passing south-eastwards on viaduct over the Strood and Maidstone Railway and the River Medway, then over Work <abbr title="Number">No.</abbr> 38B and under Work <abbr title="Number">No.</abbr> 38F, then continuing south-eastwards to Junction 3 (Work <abbr title="Number">No.</abbr> 39), under Works <abbr title="Numbers">Nos.</abbr> 40A, 39E and 41C and over footpath MR 440 and terminating at a point 205 metres south of the junction of Woodbury Road with Walderslade Woods, including the said viaduct and a bridge over Work <abbr title="Number">No.</abbr> 38B and extension of the underpass for the said footpath;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn32" class="schProv1"><num>Work No. 38—</num><content>Roads between Junctions 2 and 3 of the M2, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn33" class="schProv1"><num>Work No. 38A—</num><content>A road, for construction purposes, commencing at a point 300 metres north-west of the western abutment of the bridge carrying the M2 over Wouldham Road (Work <abbr title="Number">No.</abbr> 38B), passing south-eastwards on the northern side of Work <abbr title="Number">No.</abbr> 37A and terminating by a junction with Work <abbr title="Number">No.</abbr> 38B at a point 30 metres north-west of the M2 eastbound carriageway;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn34" class="schProv1"><num>Work No. 38B—</num><content>Realignment of Wouldham Road commencing in that road at a point 20 metres north-east of the northern side of the existing bridge carrying the M2 over that road, passing south-westwards under Works <abbr title="Numbers">Nos.</abbr> 37A and 37B and terminating in Wouldham Road at a point 35 metres north-east of the junction of Burham Road with that road;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn35" class="schProv1"><num>Work No. 38C—</num><content>A road, forming a diversion of Nashenden Farm Lane and the access to Waterworks Cottages, commencing by a junction with Wouldham Road (Work <abbr title="Number">No.</abbr> 38B) at a point 110 metres south-west of its commencement, passing south-eastwards on the southern side of the M2 to a junction with Nashenden Farm Lane at a point 65 metres north-east of the access to Nashenden Farm Cottages, continuing southwards and terminating at a point 20 metres south-east of the entrance to Waterworks Cottages;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn36" class="schProv1"><num>Work No. 38D—</num><content>A road, for construction purposes, forming a diversion of the access to Nashenden Farm and Borstal Court Farm, commencing in Burham Road (Work <abbr title="Number">No.</abbr> 13B) at a point 100 metres south-east of the commencement of that work, passing eastwards, then south-eastwards on the southern side of Work <abbr title="Number">No.</abbr> 38C and terminating by a junction with the new road (Work <abbr title="Number">No.</abbr> 38C) at a point 225 metres from the commencement of that work;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn37" class="schProv1"><num>Work No. 38E—</num><content>A road, forming a diversion of the access track from the Roman Burial grounds to Stony Lane, commencing at a point 30 metres north of the existing bridge carrying that track over the M2, passing south-eastwards and terminating by a junction with Stony Lane (Work <abbr title="Number">No.</abbr> 38F) at a point 325 metres from its commencement;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn38" class="schProv1"><num>Work No. 38F—</num><content>A road, forming a diversion of bridleway MR11 (Stony Lane) commencing in Maidstone Road at its junction with Stony Lane, passing south-westwards and north-westwards, then south-westwards over the M2 (Works <abbr title="Numbers">Nos.</abbr> 37A and 37B), then southwards and terminating by a junction with the new access road (Work <abbr title="Number">No.</abbr> 13C) at a point 340 metres north-west of the western end of the subway by which Stony Lane passes under the M2, including a bridge over Works <abbr title="Numbers">Nos.</abbr> 37A and 37B;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn39" class="schProv1"><num>Work No. 39—</num><content>Improvements of the M2 at Junction 3, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn40" class="schProv1"><num>Work No. 39A—</num><content>Realignment of the exit slip road from the eastbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 37A), commencing by a junction with Work <abbr title="Number">No.</abbr> 37A at a point 185 metres south of the access from Rochester Road to the caravan site on the south side of Rochester Airport, passing south-eastwards under the A229 (Work <abbr title="Number">No.</abbr> 40A) and terminating at the north-eastern end of the roundabout (Work <abbr title="Number">No.</abbr> 39E);</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn41" class="schProv1"><num>Work No. 39B—</num><content>Realignment of the entry slip road to the eastbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 37A), commencing at the north-eastern end of the roundabout (Work <abbr title="Number">No.</abbr> 39E), passing southwards under Robin Hood Lane (Work <abbr title="Number">No.</abbr> 41C), over footpath MR 440 and terminating by a junction with Work No.37A at a point 145 metres south-west of the junction of Woodbury Road with Walderslade Woods;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn42" class="schProv1"><num>Work No. 39C—</num><content>A road, forming the entry slip road to the westbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 37B), commencing by a junction with Work <abbr title="Number">No.</abbr> 37B at a point 230 metres south of the access from Rochester Road to the said caravan site, passing south-eastwards under the A229 (Work <abbr title="Number">No.</abbr> 40A) and terminating at the south-western end of the roundabout (Work <abbr title="Number">No.</abbr> 39E);</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn43" class="schProv1"><num>Work No. 39D—</num><content>A road, forming the exit slip road from the westbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 37B), commencing at the south-western end of the roundabout (Work <abbr title="Number">No.</abbr> 39E), passing south-eastwards under Robin Hood Lane (Work <abbr title="Number">No.</abbr> 41C), over footpath MR 440 and terminating by a junction with Work <abbr title="Number">No.</abbr> 37B at a point 205 metres west of the junction of Woodbury Road with Walderslade Woods;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn44" class="schProv1"><num>Work No. 39E—</num><content>Improvement of the Taddington Wood Loop Junction, forming a new roundabout over the M2 (Works <abbr title="Numbers">Nos.</abbr> 37A and 37B) including two bridges over those works;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn45" class="schProv1"><num>Work No. 39F—</num><content>A road commencing at the north-eastern end of the roundabout (Work <abbr title="Number">No.</abbr> 39E), passing eastwards and terminating by a junction with Walderslade Woods (Work <abbr title="Number">No.</abbr> 39G) at the Walderslade Woods Roundabout, the centre of which is 160 metres south of the junction of Hurst Hill with Taddington Wood Lane, including the said Walderslade Woods Roundabout;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn46" class="schProv1"><num>Work No. 39G—</num><content>Realignment of Walderslade Woods, forming dual carriageways, commencing at a point 140 metres south-east of the junction of that road with Taddington Wood Lane, passing south-eastwards to the roundabout (part of Work <abbr title="Number">No.</abbr> 39F) then continuing south-eastwards and terminating in Walderslade Woods at a point 310 metres from that commencement;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn47" class="schProv1"><num>Work No. 39H—</num><content>A road, forming dual carriageways, commencing at the south-western end of the roundabout (Work <abbr title="Number">No.</abbr> 39E), passing westwards and north-westwards and terminating by a junction with the A229 at the roundabout (Work <abbr title="Number">No.</abbr> 40N);</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn48" class="schProv1"><num>Work No. 39J—</num><content>Realignment of Maidstone Road to form a junction with the new road (Work <abbr title="Number">No.</abbr> 39H) at Blue Bell Hill, commencing in that road at a point 40 metres north-west of its existing junction with Victoria Close, passing south-eastwards, then southwards to the junction with Work <abbr title="Number">No.</abbr> 39H, then continuing southwards and south-westwards and terminating in Maidstone Road at a point 120 metres north of its junction with Robin Hood Lane;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn49" class="schProv1"><num>Work No. 40—</num><content>Improvements of the A229 at Junction 3 of the M2, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn50" class="schProv1"><num>Work No. 40A—</num><content>Improvement and realignment of the A229 (Maidstone Road), forming dual carriageways, commencing at a point 345 metres north of the existing Bridgewood Roundabout at the junction of that road with Walderslade Woods and Rochester Road, passing southwards over the new roundabout at that road junction (Work <abbr title="Number">No.</abbr> 40F), the M2 (Works <abbr title="Numbers">Nos.</abbr> 37A, 37B, 39A and 39C), then under the roundabout (Work <abbr title="Number">No.</abbr> 40N) and terminating at a point 10 metres north of the bridge carrying Common Road over the A229, including bridges over Works <abbr title="Numbers">Nos.</abbr> 40F, 37A, 37B, 39A and 39C;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn51" class="schProv1"><num>Work No. 40B—</num><content>A road, forming the southbound exit slip road from the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing by a junction with that road at a point 280 metres north of the existing Bridgewood Roundabout, passing southwards and terminating at the eastern end of the roundabout (Work <abbr title="Number">No.</abbr> 40F);</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn52" class="schProv1"><num>Work No. 40C—</num><content>A road, forming the southbound entry slip road to the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing at the eastern end of the roundabout (Work <abbr title="Number">No.</abbr> 40F), passing southwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 40A at a point 145 metres south of the existing Bridgewood Roundabout;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn53" class="schProv1"><num>Work No. 40D—</num><content>A road, forming the northbound entry slip road to the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing by a junction with that road at a point 280 metres north of the said existing Bridgewood Roundabout, passing southwards and terminating at the western end of the roundabout (Work <abbr title="Number">No.</abbr> 40F);</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn54" class="schProv1"><num>Work No. 40E—</num><content>A road, forming the northbound exit slip road from the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing at the western end of the roundabout (Work <abbr title="Number">No.</abbr> 40F), passing southwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 40A at a point 145 metres south of the existing Bridgewood Roundabout;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn55" class="schProv1"><num>Work No. 40F—</num><content>A roundabout (the Bridgewood Roundabout) at the junction of Walderslade Woods, Rochester Road and the A229;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn56" class="schProv1"><num>Work No. 40G—</num><content>Realignment of Rochester Road commencing in that road at a point 160 metres north-west of its junction with the A229 at the existing Bridgewood Roundabout, passing south-eastwards and terminating at the western end of the roundabout (Work <abbr title="Number">No.</abbr> 40F);</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn57" class="schProv1"><num>Work No. 40H—</num><content>Improvement and realignment of Walderslade Woods forming dual carriageways, commencing at the eastern end of the roundabout (Work <abbr title="Number">No.</abbr> 40F), passing eastwards and terminating in Walderslade Woods at a point 100 metres east of that commencement;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn58" class="schProv1"><num>Work No. 40J—</num><content>A road, forming the southbound exit slip road from the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing by a junction with that road at a point 270 metres north of the intended Lord Lees Roundabout (Work <abbr title="Number">No.</abbr> 40N), passing southwards and terminating at the eastern end of that roundabout;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn59" class="schProv1"><num>Work No. 40K—</num><content>A road, forming the southbound entry slip road to the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing at the eastern end of the intended Lord Lees Roundabout (Work <abbr title="Number">No.</abbr> 40N), passing southwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 40A at a point 80 metres north-west of the bridge carrying Common Road over the A229;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn60" class="schProv1"><num>Work No. 40L—</num><content>A road, forming the northbound entry slip road to the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing by a junction with that road at a point 300 metres north of the intended Lord Lees Roundabout (Work <abbr title="Number">No.</abbr> 40N), passing southwards and terminating at the western end of that roundabout;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn61" class="schProv1"><num>Work No. 40M—</num><content>A road, forming the northbound exit slip road from the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing at the western end of the Roundabout (Work <abbr title="Number">No.</abbr> 40N), passing southwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 40A at a point 70 metres north-east of the bridge carrying Common Road over the A229;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn62" class="schProv1"><num>Work No. 40N—</num><content>A roundabout (Lord Lees Roundabout) over the A229 (Work <abbr title="Number">No.</abbr> 40A) at Blue Bell Hill, including two bridges over Work <abbr title="Number">No.</abbr> 40A;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn63" class="schProv1"><num>Work No. 40P—</num><content>A road, forming an access road to the Buckmore Park Activity Centre and an access way for cycles and pedestrians at Shall Hook Wood, commencing in the existing access road at a point 250 metres north of the centre of the existing Lord Lees Roundabout, passing southwards and south-westwards on the western side of the slip road (Work <abbr title="Number">No.</abbr> 40L) and terminating at the western end of the roundabout (Work <abbr title="Number">No.</abbr> 40N);</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn64" class="schProv1"><num>Work No. 40Q—</num><content>A road, forming an access road to the premises known as Nil Desperandum, commencing by a junction with the access road (Work <abbr title="Number">No.</abbr> 40P) at a point 40 metres west of the termination of that work, passing north-eastwards and terminating in the curtilage of those premises;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn65" class="schProv1"><num>Work No. 40R—</num><content>An access way to land on the northern side of the Common Road Sports Ground, commencing by a junction with the access way (Work <abbr title="Number">No.</abbr> 40S) at a point 90 metres north of the termination of that work, passing southwards on the western side of that work and Work <abbr title="Number">No.</abbr> 40M and terminating in the existing access way at a point 30 metres north of the said land;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn66" class="schProv1"><num>Work No. 40S—</num><content>A road, forming an access way for cycles and pedestrians, commencing by a junction with the access road (Work <abbr title="Number">No.</abbr> 40P) at a point 30 metres from the termination of that work, passing southwards and south-eastwards and terminating by a junction with the slip road (Work <abbr title="Number">No.</abbr> 40M) at a point 250 metres from the termination of that work;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn67" class="schProv1"><num>Work No. 41—</num><content>Associated works connected with improvements at Junction 3 of the M2, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn68" class="schProv1"><num>Work No. 41A—</num><content>A road, forming a southern extension of Hallsfield Road, commencing at a point 30 metres east of the western end of that road east of Maidstone Road, passing westwards, then southwards and terminating at a point 260 metres south of that commencement;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn69" class="schProv1"><num>Work No. 41B—</num><content>Realignment of Hallsfield Road commencing at a point 30 metres west of the junction of that road with Sadlers Close and terminating in Hallsfield Road at a point 95 metres north-west of that road junction;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn70" class="schProv1"><num>Work No. 41C—</num><content>Realignment of Robin Hood Lane commencing at a point 60 metres west of the existing junction of that road with the access road to the Medway Crematorium, passing eastwards over the M2 (Works <abbr title="Numbers">Nos.</abbr> 37A and 37B) and terminating at a point 180 metres east of that commencement, including a bridge over Works <abbr title="Numbers">Nos.</abbr> 37A, 37B, 39B and 39D;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn71" class="schProv1"><num>Work No. 41D—</num><content>Diversion of the said access road to the Medway Crematorium, commencing by a junction with Robin Hood Lane (Work <abbr title="Number">No.</abbr> 41C) at a point 15 metres west of its existing junction with that road and terminating in that access road at a point 80 metres south of that commencement;In the borough of Tonbridge and Malling, parish of Aylesford, in the borough of Maidstone, parishes of Boxley and Bredhurst and in the borough of Gillingham, town of Gillingham—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn72" class="schProv1"><num>Work No. 42—</num><content>Improvement of the M2 between Junctions 3 and 4, comprising —</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn73" class="schProv1"><num>Work No. 42A—</num><content>Improvement and realignment of the M2, to form the eastbound carriageway of that motorway, commencing by a junction with Work <abbr title="Number">No.</abbr> 37A at its termination, passing under the footpath KH 32 (Work <abbr title="Number">No.</abbr> 45), over Harp Farm Road (Work <abbr title="Number">No.</abbr> 43A), and under Lidsing Road and Forge Lane (Works <abbr title="Numbers">Nos.</abbr> 43C and 43E) and under Maidstone Road, then passing to Junction 4 (Work <abbr title="Number">No.</abbr> 44) and terminating at a point 190 metres east of the easternmost bridge at that Junction carrying the A278 (Hoath Way) over the M2, including a bridge over Harp Farm Road;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn74" class="schProv1"><num>Work No. 42B—</num><content>A road forming the westbound carriageway of the M2, being in part a new road and in part improvement and realignment of the existing westbound carriageway, commencing by a junction with Work <abbr title="Number">No.</abbr> 37B at its termination, passing over Work <abbr title="Number">No.</abbr> 43A, under Works <abbr title="Numbers">Nos.</abbr> 43C, 43E and 45 and under Maidstone Road, then passing to Junction 4 (Work <abbr title="Number">No.</abbr> 44) and terminating at a point 190 metres east of the said bridge over the M2, including a bridge over Harp Farm Road;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn75" class="schProv1"><num>Work No. 43—</num><content>Roads between Junctions 3 and 4, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn76" class="schProv1"><num>Work No. 43A—</num><content>Realignment of Harp Farm Road, commencing at a point 65 metres south of the centre of the roundabout at its junction with Walderslade Woods, passing southwards under the M2 (Works <abbr title="Numbers">Nos.</abbr> 42A and 42B) and terminating at a point 50 metres south-west of its existing junction with Yelsted Lane;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn77" class="schProv1"><num>Work No. 43B—</num><content>A road, forming a diversion of Yelsted Lane, commencing by a junction with Harp Farm Road (Work <abbr title="Number">No.</abbr> 43A) at a point 10 metres south of its existing junction with that road, passing eastwards on the southern side of the M2 (Work <abbr title="Number">No.</abbr> 42B) and terminating in Yelsted Lane at a point 345 metres east of that commencement;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn78" class="schProv1"><num>Work No. 43C—</num><content>Realignment of Lidsing Road commencing at a point 260 metres south of the southern end of the existing bridge carrying that road over the M2, passing northwards over the M2 (Works <abbr title="Numbers">Nos.</abbr> 42A and 42B) and terminating at a point 70 metres south of the junction of that road with Westfield Sole Road and Blind Lane, including a new bridge over Works <abbr title="Numbers">Nos.</abbr> 42A and 42B;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn79" class="schProv1"><num>Work No. 43D—</num><content>Realignment of an existing track between Blind Lane and Forge Lane on the northern side of the M2 (Work <abbr title="Number">No.</abbr> 42A), commencing at a point 370 metres north-east of the junction of that track with Blind Lane, passing north-eastwards on the northern side of the existing track then northwards and terminating by a junction with Forge Lane (Work <abbr title="Number">No.</abbr> 43E) at a point 260 metres south-east of its junction with Chapel Lane;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn80" class="schProv1"><num>Work No. 43E—</num><content>Realignment of Forge Lane commencing at its junction with Chapel Lane, passing south-eastwards over the M2 (Works <abbr title="Numbers">Nos.</abbr> 42A and 42B) and terminating at a point 40 metres south-east of the junction of Forge Lane with Blind Lane on the southern side of the motorway, including a bridge over the M2;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn81" class="schProv1"><num>Work No. 44—</num><content>Improvement of Junction 4 of the M2, comprising —</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn82" class="schProv1"><num>Work No. 44A—</num><content>Realignment of the exit slip road from the eastbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 42A), commencing by a junction with Work <abbr title="Number">No.</abbr> 42A at a point 390 metres north-east of the existing bridge carrying Forge Lane over the M2, passing under Maidstone Road and terminating at the northern end of the roundabout over the M2 at Junction 4;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn83" class="schProv1"><num>Work No. 44B—</num><content>Realignment of the entry slip road to the westbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 42B) commencing by a junction with Work <abbr title="Number">No.</abbr> 42B at a point 155 metres north-east of the said bridge carrying Forge Lane over the M2, passing under Maidstone Road and terminating at the southern end of the roundabout over the M2 at Junction 4.</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn84" class="schProv1"><num>Work No. 45—</num><content>Realignment of footpath KH 32, commencing at a point 12 metres south of the southern end of the footbridge carrying footpath KH 32A over Walderslade Wood, passing southwards over the M2 (Works <abbr title="Numbers">Nos.</abbr> 42A and 42B) on the eastern side of the existing bridge carrying that footpath over the M2 and terminating at a point 30 metres south of the southern end of that existing bridge, including a bridge over Works <abbr title="Numbers">Nos.</abbr> 42A and 42B;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn85" class="schProv1"><num>Work No. 46—</num><content>A cycle track commencing by a junction with the existing cycle track on the western side of the A229 (Maidstone Road) at a point 190 metres north of the centre of the Bridgewood Roundabout, passing westwards and terminating at a point on the eastern side of Rochester Road 200 metres west of the centre of that roundabout.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-12-part-I-crossheading-interpretation-of-part-i"><heading> Interpretation of Part I</heading><paragraph eId="schedule-12-paragraph-2" class="schProv1"><num>2</num><intro>In paragraph 1 above—<blockList class="unordered none" ukl:Name="UnorderedList" ukl:Decoration="none"><item>references to the M2 are to the special road so designated;</item><item>references to the A2 are to the trunk road so designated;</item><item>references to the A228 and the A229 are to the principal roads so designated;</item></blockList></intro><hcontainer name="definition"><content>“<term refersTo="#term-wainscott-northern-bypass" eId="term-wainscott-northern-bypass">Wainscott Northern Bypass</term>” means the road scheme so named for a bypass between the A2 and the Medway Tunnel;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-westbound" eId="term-westbound">westbound</term>” in any description of the direction of traffic signifies travel in the direction of London, whether or not London is the destination, and “<term refersTo="#term-eastbound" eId="term-eastbound">eastbound</term>” signifies travel in the opposite direction.</content></hcontainer></paragraph></hcontainer></part>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-paragraph-1" class="schProv1"><num>1</num><content>The works which the Secretary of State is authorised by section 44 of this Act to construct are the following—In the county of Kent—In the borough of Gravesham, parishes of Cobham, Higham and Shorne—</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn1" class="schProv1"><num>Work No. 31—</num><content>Improvement of the A2 between its junction with Halfpence Lane (C492) and its junction with the M2 at Junction 1, comprising—</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn2" class="schProv1"><num>Work No. 31A—</num><content>Improvement and realignment of the eastbound carriageway of the A2 commencing at a point 115 metres east of the bridge carrying Brewers Road over that road, passing eastwards and terminating at a point 100 metres west of the bridge carrying the westbound slip road of the A2 over the M2 at Junction 1;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn3" class="schProv1"><num>Work No. 31B—</num><content>Improvement and realignment of the westbound carriageway of the A2 commencing at a point 340 metres west of the said bridge carrying Brewers Road over that road, passing eastwards and terminating at a point 220 metres west of the bridge carrying the said westbound slip road over that road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn4" class="schProv1"><num>Work No. 32—</num><content>Improvement of the junction of Halfpence Lane (C492) and Brewers Road with the A2 at Cobham Junction, comprising—</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn5" class="schProv1"><num>Work No. 32A—</num><content>A road, forming an entry slip road to the eastbound carriageway of the A2 (Work <abbr title="Number">No.</abbr> 31A), commencing by a junction with Brewers Road at a point 150 metres north-east of the north-eastern abutment of the bridge carrying that road over the A2, passing southwards and terminating by a junction with that carriageway at a point 410 metres east of that bridge;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn6" class="schProv1"><num>Work No. 32B—</num><content>A road, forming an exit slip road from the westbound carriageway of the A2 (Work <abbr title="Number">No.</abbr> 31B), commencing by a junction with the C492 at a point 150 metres south-west of the existing junction of Brewers Road with that road, passing northwards, then north-eastwards over the railway (Work <abbr title="Number">No.</abbr> 12) in tunnel, and terminating by a junction with that carriageway at a point 20 metres west of the said bridge over the A2, including a roundabout at the junction of the slip road with Brewers Road (Work <abbr title="Number">No.</abbr> 32C);</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn7" class="schProv1"><num>Work No. 32C—</num><content>A road, forming an entry slip road to the westbound carriageway of the A2 from the C492 commencing at a point 30 metres south-east of that carriageway, passing southwards over the railway (Work <abbr title="Number">No.</abbr> 12), passing eastwards through the roundabout (part of Work <abbr title="Number">No.</abbr> 32B) along Brewers Road and terminating at a point 160 metres west of the said roundabout, including a bridge over Work <abbr title="Number">No.</abbr> 12;In the borough of Gravesham, parishes of Cobham, Higham and Shorne, and in the city of Rochester-upon-Medway, town of Rochester and parish of Cuxton—</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn8" class="schProv1"><num>Work No. 33—</num><content>Improvement of the M2 between Junction 1 and Junction 2, comprising—</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn9" class="schProv1"><num>Work No. 33A—</num><content>Improvement and realignment of the M2 to form the eastbound carriageway of the motorway, commencing by a junction with Work <abbr title="Number">No.</abbr> 31A at its termination, passing south-eastwards under the A2 (Work <abbr title="Number">No.</abbr> 35A) at Junction 1 of the M2, over the existing subway by which footpath NS 183 passes under the M2, then over the road (Work <abbr title="Number">No.</abbr> 36E) and under Rochester Road (Work <abbr title="Number">No.</abbr> 36F) and the cycle track (Work <abbr title="Number">No.</abbr> 36G), over the London and Chatham Railway and terminating on the existing bridge carrying the M2 over that railway at a point 20 metres south-east of that railway, including a bridge over Work <abbr title="Number">No.</abbr> 36E;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn10" class="schProv1"><num>Work No. 33B—</num><content>A road, forming the westbound carriageway of the M2, commencing by a junction with Work <abbr title="Number">No.</abbr> 31B at its termination, passing south-eastwards under the A2 (Work <abbr title="Number">No.</abbr> 35A) at Junction 1 of the M2, over footpath NS 183, then over Work <abbr title="Number">No.</abbr> 36E and under Work <abbr title="Number">No.</abbr> 36F and Work <abbr title="Number">No.</abbr> 36G, over the London and Chatham railway and terminating at a point 180 metres south-east of that railway, including bridges over Work <abbr title="Number">No.</abbr> 36E and the said railway and extension of the subway for the footpath NS 183;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn11" class="schProv1"><num>Work No. 34—</num><content>Improvement of Junction 1 of the M2 comprising—</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn12" class="schProv1"><num>Work No. 34A—</num><content>A road, forming the exit slip road from the eastbound carriageway of the A2, commencing by a junction with that carriageway (Work <abbr title="Number">No.</abbr> 31A) at a point 210 metres west of the existing bridge carrying the footpath between Park Pale and the Rochester and Cobham Park Golf Course, passing eastwards and terminating in the A2 at a point 20 metres east of the junction of Crutches Lane with that road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn13" class="schProv1"><num>Work No. 34B—</num><content>A road, forming the entry slip road to the eastbound carriageway of the M2, commencing at a point on the northern side of Old Watling Street 270 metres east of its junction with Bowesden Lane and terminating in the M2 (Work <abbr title="Number">No.</abbr> 33A) at a point 30 metres north-west of the bridge carrying the A2 (Work <abbr title="Number">No.</abbr> 35A) over the M2;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn14" class="schProv1"><num>Work No. 34C—</num><content>A road, forming the exit slip road from the westbound carriageway of the M2, commencing in the intended eastbound entry slip road to the Wainscott Northern Bypass at a point 435 metres east of the bridge carrying the said footpath between Park Pale and the Rochester and Cobham Park Golf Course over the M2 and terminating in the M2 (Work No.33B) at a point 190 metres from that commencement;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn15" class="schProv1"><num>Work No. 35—</num><content>Roads between the junction of the A2 and Halfpence Lane (C492) and Junction 1 of the M2, comprising—</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn16" class="schProv1"><num>Work No. 35A—</num><content>Diversion of the A2 at Junction 1 commencing in the westbound carriageway of the A2 (Work <abbr title="Number">No.</abbr> 31B) at a point 660 metres east of the existing bridge carrying Brewers Road over the A2, passing eastwards on the southern side of the A2, then north-eastwards over the M2 (Works <abbr title="Numbers">Nos.</abbr> 33A and 33B) on the northern side of the existing bridge carrying the westbound slip road from the A2 over the M2, continuing eastwards and terminating in the westbound carriageway of the A2 at a point 20 metres east of the junction of Crutches Lane with that road, including bridges over Works <abbr title="Numbers">Nos.</abbr> 33A and 33B;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn17" class="schProv1"><num>Work No. 35B—</num><content>A road, forming a diversion of the access road to the Colewood Reservoirs of Southern Water Services Limited, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 35A) at a point 230 metres west of the junction of the existing access road with the A2, passing southwards then eastwards and terminating by a junction with the existing access on the northern side of those reservoirs;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn18" class="schProv1"><num>Work No. 36—</num><content>Improvement of Junction 2 of the M2, comprising—</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn19" class="schProv1"><num>Work No. 36A—</num><content>A road, forming the exit slip road from the eastbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 33A) at Junction 2, commencing by a junction with that carriageway at a point 550 metres north-west of the existing subway by which the footpath RS 203 passes under the M2, passing south-eastwards and terminating at the eastern junction roundabout (part of Work <abbr title="Number">No.</abbr> 36E);</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn20" class="schProv1"><num>Work No. 36B—</num><content>A road, forming the entry slip road to the eastbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 33A) at Junction 2, commencing at the said eastern junction roundabout (part of Work <abbr title="Number">No.</abbr> 36E), passing southwards under Rochester Road (Work <abbr title="Number">No.</abbr> 36F) and the cycle track (Work <abbr title="Number">No.</abbr> 36G), over the London and Chatham Railway and terminating by a junction with Work <abbr title="Number">No.</abbr> 33A at its termination;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn21" class="schProv1"><num>Work No. 36C—</num><content>A road, forming the entry slip road on to the westbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 33B) at Junction 2, commencing by a junction with that carriageway at a point 590 metres north-west of the southern end of the said existing subway, passing south-eastwards under the railway (Work <abbr title="Number">No.</abbr> 13) and terminating at the western junction roundabout (part of Work <abbr title="Number">No.</abbr> 36E);</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn22" class="schProv1"><num>Work No. 36D—</num><content>A road, forming the exit slip road from the westbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 33B) at Junction 2, commencing at the western junction roundabout (part of Work <abbr title="Number">No.</abbr> 36E), passing south-eastwards under the railway (Work <abbr title="Number">No.</abbr> 13), under Rochester Road (Work <abbr title="Number">No.</abbr> 36F) and the cycle track (Work <abbr title="Number">No.</abbr> 36G) and over the London and Chatham Railway and terminating by a junction with the westbound carriageway (Work <abbr title="Number">No.</abbr> 37B) at a point 160 metres south-east of that railway, including a bridge over the London and Chatham Railway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn23" class="schProv1"><num>Work No. 36E—</num><content>A road, forming dual carriageways, commencing by junctions with Work <abbr title="Number">No.</abbr> 36A at its termination and Work <abbr title="Number">No.</abbr> 36B at its commencement at the eastern junction roundabout, the centre of which is at a point 180 metres south of the junction of Bootham Close with Rushdean Road, passing south-westwards under the M2 (Works <abbr title="Numbers">Nos.</abbr> 33A and 33B) and the railway (Work <abbr title="Number">No.</abbr> 13) to junctions with Work <abbr title="Number">No.</abbr> 36C at its termination and Work <abbr title="Number">No.</abbr> 36D at its commencement at the western junction roundabout, the centre of which is at a point 355 metres south-west of the junction of Bootham Close with Rushdean Road, then passing southwards and terminating by a junction with the A228 (Rochester Road) (Work No.38F) at a roundabout, the centre of which is at a point 190 metres north-east of the northern end of the existing bridge carrying the A228 over the London and Chatham Railway, including those roundabouts;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn24" class="schProv1"><num>Work No. 36F—</num><content>A road, being a diversion of the A228, commencing in that road at the northern end of the said bridge carrying that road over the London and Chatham Railway, passing north-eastwards over the cycle track (Work <abbr title="Number">No.</abbr> 36H) to the roundabout (part of Work <abbr title="Number">No.</abbr> 36E), then north-eastwards over the railway (Work <abbr title="Number">No.</abbr> 13) and the M2 (Works <abbr title="Numbers">Nos.</abbr> 36B, 33A, 33B and 36D), over the cycle track (Work <abbr title="Number">No.</abbr> 36J) and terminating in the A228 at a point 30 metres south-west of the junction of Roman Way with that road, including bridges over Works <abbr title="Numbers">Nos.</abbr> 13, 33A, 33B, 36B, 36D 36H and 36J;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn25" class="schProv1"><num>Work No. 36G—</num><content>A cycle track on the southern side of the A228 (Work <abbr title="Number">No.</abbr> 36F) commencing by a junction with that work at a point 45 metres north-east of its commencement, passing north-eastwards on the eastern side of Work <abbr title="Number">No.</abbr> 36F to a junction with the cycle track (Work <abbr title="Number">No.</abbr> 36H), then over Work <abbr title="Number">No.</abbr> 13, the M2 and Work <abbr title="Number">No.</abbr> 36J and terminating by a junction with the A228 at a point 370 metres south-west of the termination of Work <abbr title="Number">No.</abbr> 36F;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn26" class="schProv1"><num>Work No. 36H—</num><content>A cycle track commencing by a junction with the A228 (Work <abbr title="Number">No.</abbr> 36F) at a point 60 metres north-east of its commencement, passing northwards then eastwards and south-eastwards under the A228 and terminating by a junction with Work <abbr title="Number">No.</abbr> 36G at a point 90 metres north-east of the commencement of that work;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn27" class="schProv1"><num>Work No. 36J—</num><content>A cycle track commencing by a junction with the A228 (Work <abbr title="Number">No.</abbr> 36F) at a point 370 metres south-west of its termination, passing westwards then southwards under the A228 and terminating by a junction with the cycle track (Work <abbr title="Number">No.</abbr> 36K) at a point 180 metres north-east of the termination of that work;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn28" class="schProv1"><num>Work No. 36K—</num><content>Realignment and improvement of the cycle track between the A228 and the bridge carrying the M2 over the River Medway, commencing by a junction with the cycle track (Work <abbr title="Number">No.</abbr> 36G) at a point 45 metres south-west of its termination, passing southwards to a junction with the cycle track (Work <abbr title="Number">No.</abbr> 36J), then south-westwards and south-eastwards and terminating by a junction with the existing cycle track at a point 5 metres south-east of the western abutment of the bridge carrying the M2 over the London and Chatham Railway;In the city of Rochester-upon-Medway, town of Rochester and parish of Cuxton, and in the borough of Tonbridge and Malling, parishes of Wouldham and Aylesford—</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn29" class="schProv1"><num>Work No. 37—</num><content>Improvement of the M2 between Junctions 2 and 3, comprising—</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn30" class="schProv1"><num>Work No. 37A—</num><content>Improvement and realignment of the M2 to form the eastbound carriageway of the motorway, commencing by a junction with Work <abbr title="Number">No.</abbr> 33A at its termination, passing south-eastwards on the existing viaduct over the Strood and Maidstone Railway and the River Medway, then over Wouldham Road (Work <abbr title="Number">No.</abbr> 38B) and under Work <abbr title="Number">No.</abbr> 38F, then continuing south-eastwards to Junction 3 (Work <abbr title="Number">No.</abbr> 39), under the A229 (Work <abbr title="Number">No.</abbr> 40A) east of Buckmore Park, the new roundabout (Work <abbr title="Number">No.</abbr> 39E) and Robin Hood Lane (Work <abbr title="Number">No.</abbr> 41C) and over footpath MR 440 and terminating at a point 145 metres south-west of the junction of Woodbury Road with Walderslade Woods, including a bridge over Work <abbr title="Number">No.</abbr> 38B;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn31" class="schProv1"><num>Work No. 37B—</num><content>A road, forming the westbound carriageway of the M2, commencing by a junction with Work <abbr title="Number">No.</abbr> 33B at its termination, passing south-eastwards on viaduct over the Strood and Maidstone Railway and the River Medway, then over Work <abbr title="Number">No.</abbr> 38B and under Work <abbr title="Number">No.</abbr> 38F, then continuing south-eastwards to Junction 3 (Work <abbr title="Number">No.</abbr> 39), under Works <abbr title="Numbers">Nos.</abbr> 40A, 39E and 41C and over footpath MR 440 and terminating at a point 205 metres south of the junction of Woodbury Road with Walderslade Woods, including the said viaduct and a bridge over Work <abbr title="Number">No.</abbr> 38B and extension of the underpass for the said footpath;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn32" class="schProv1"><num>Work No. 38—</num><content>Roads between Junctions 2 and 3 of the M2, comprising—</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn33" class="schProv1"><num>Work No. 38A—</num><content>A road, for construction purposes, commencing at a point 300 metres north-west of the western abutment of the bridge carrying the M2 over Wouldham Road (Work <abbr title="Number">No.</abbr> 38B), passing south-eastwards on the northern side of Work <abbr title="Number">No.</abbr> 37A and terminating by a junction with Work <abbr title="Number">No.</abbr> 38B at a point 30 metres north-west of the M2 eastbound carriageway;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn34" class="schProv1"><num>Work No. 38B—</num><content>Realignment of Wouldham Road commencing in that road at a point 20 metres north-east of the northern side of the existing bridge carrying the M2 over that road, passing south-westwards under Works <abbr title="Numbers">Nos.</abbr> 37A and 37B and terminating in Wouldham Road at a point 35 metres north-east of the junction of Burham Road with that road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn35" class="schProv1"><num>Work No. 38C—</num><content>A road, forming a diversion of Nashenden Farm Lane and the access to Waterworks Cottages, commencing by a junction with Wouldham Road (Work <abbr title="Number">No.</abbr> 38B) at a point 110 metres south-west of its commencement, passing south-eastwards on the southern side of the M2 to a junction with Nashenden Farm Lane at a point 65 metres north-east of the access to Nashenden Farm Cottages, continuing southwards and terminating at a point 20 metres south-east of the entrance to Waterworks Cottages;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn36" class="schProv1"><num>Work No. 38D—</num><content>A road, for construction purposes, forming a diversion of the access to Nashenden Farm and Borstal Court Farm, commencing in Burham Road (Work <abbr title="Number">No.</abbr> 13B) at a point 100 metres south-east of the commencement of that work, passing eastwards, then south-eastwards on the southern side of Work <abbr title="Number">No.</abbr> 38C and terminating by a junction with the new road (Work <abbr title="Number">No.</abbr> 38C) at a point 225 metres from the commencement of that work;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn37" class="schProv1"><num>Work No. 38E—</num><content>A road, forming a diversion of the access track from the Roman Burial grounds to Stony Lane, commencing at a point 30 metres north of the existing bridge carrying that track over the M2, passing south-eastwards and terminating by a junction with Stony Lane (Work <abbr title="Number">No.</abbr> 38F) at a point 325 metres from its commencement;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn38" class="schProv1"><num>Work No. 38F—</num><content>A road, forming a diversion of bridleway MR11 (Stony Lane) commencing in Maidstone Road at its junction with Stony Lane, passing south-westwards and north-westwards, then south-westwards over the M2 (Works <abbr title="Numbers">Nos.</abbr> 37A and 37B), then southwards and terminating by a junction with the new access road (Work <abbr title="Number">No.</abbr> 13C) at a point 340 metres north-west of the western end of the subway by which Stony Lane passes under the M2, including a bridge over Works <abbr title="Numbers">Nos.</abbr> 37A and 37B;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn39" class="schProv1"><num>Work No. 39—</num><content>Improvements of the M2 at Junction 3, comprising—</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn40" class="schProv1"><num>Work No. 39A—</num><content>Realignment of the exit slip road from the eastbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 37A), commencing by a junction with Work <abbr title="Number">No.</abbr> 37A at a point 185 metres south of the access from Rochester Road to the caravan site on the south side of Rochester Airport, passing south-eastwards under the A229 (Work <abbr title="Number">No.</abbr> 40A) and terminating at the north-eastern end of the roundabout (Work <abbr title="Number">No.</abbr> 39E);</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn41" class="schProv1"><num>Work No. 39B—</num><content>Realignment of the entry slip road to the eastbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 37A), commencing at the north-eastern end of the roundabout (Work <abbr title="Number">No.</abbr> 39E), passing southwards under Robin Hood Lane (Work <abbr title="Number">No.</abbr> 41C), over footpath MR 440 and terminating by a junction with Work No.37A at a point 145 metres south-west of the junction of Woodbury Road with Walderslade Woods;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn42" class="schProv1"><num>Work No. 39C—</num><content>A road, forming the entry slip road to the westbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 37B), commencing by a junction with Work <abbr title="Number">No.</abbr> 37B at a point 230 metres south of the access from Rochester Road to the said caravan site, passing south-eastwards under the A229 (Work <abbr title="Number">No.</abbr> 40A) and terminating at the south-western end of the roundabout (Work <abbr title="Number">No.</abbr> 39E);</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn43" class="schProv1"><num>Work No. 39D—</num><content>A road, forming the exit slip road from the westbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 37B), commencing at the south-western end of the roundabout (Work <abbr title="Number">No.</abbr> 39E), passing south-eastwards under Robin Hood Lane (Work <abbr title="Number">No.</abbr> 41C), over footpath MR 440 and terminating by a junction with Work <abbr title="Number">No.</abbr> 37B at a point 205 metres west of the junction of Woodbury Road with Walderslade Woods;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn44" class="schProv1"><num>Work No. 39E—</num><content>Improvement of the Taddington Wood Loop Junction, forming a new roundabout over the M2 (Works <abbr title="Numbers">Nos.</abbr> 37A and 37B) including two bridges over those works;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn45" class="schProv1"><num>Work No. 39F—</num><content>A road commencing at the north-eastern end of the roundabout (Work <abbr title="Number">No.</abbr> 39E), passing eastwards and terminating by a junction with Walderslade Woods (Work <abbr title="Number">No.</abbr> 39G) at the Walderslade Woods Roundabout, the centre of which is 160 metres south of the junction of Hurst Hill with Taddington Wood Lane, including the said Walderslade Woods Roundabout;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn46" class="schProv1"><num>Work No. 39G—</num><content>Realignment of Walderslade Woods, forming dual carriageways, commencing at a point 140 metres south-east of the junction of that road with Taddington Wood Lane, passing south-eastwards to the roundabout (part of Work <abbr title="Number">No.</abbr> 39F) then continuing south-eastwards and terminating in Walderslade Woods at a point 310 metres from that commencement;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn47" class="schProv1"><num>Work No. 39H—</num><content>A road, forming dual carriageways, commencing at the south-western end of the roundabout (Work <abbr title="Number">No.</abbr> 39E), passing westwards and north-westwards and terminating by a junction with the A229 at the roundabout (Work <abbr title="Number">No.</abbr> 40N);</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn48" class="schProv1"><num>Work No. 39J—</num><content>Realignment of Maidstone Road to form a junction with the new road (Work <abbr title="Number">No.</abbr> 39H) at Blue Bell Hill, commencing in that road at a point 40 metres north-west of its existing junction with Victoria Close, passing south-eastwards, then southwards to the junction with Work <abbr title="Number">No.</abbr> 39H, then continuing southwards and south-westwards and terminating in Maidstone Road at a point 120 metres north of its junction with Robin Hood Lane;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn49" class="schProv1"><num>Work No. 40—</num><content>Improvements of the A229 at Junction 3 of the M2, comprising—</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn50" class="schProv1"><num>Work No. 40A—</num><content>Improvement and realignment of the A229 (Maidstone Road), forming dual carriageways, commencing at a point 345 metres north of the existing Bridgewood Roundabout at the junction of that road with Walderslade Woods and Rochester Road, passing southwards over the new roundabout at that road junction (Work <abbr title="Number">No.</abbr> 40F), the M2 (Works <abbr title="Numbers">Nos.</abbr> 37A, 37B, 39A and 39C), then under the roundabout (Work <abbr title="Number">No.</abbr> 40N) and terminating at a point 10 metres north of the bridge carrying Common Road over the A229, including bridges over Works <abbr title="Numbers">Nos.</abbr> 40F, 37A, 37B, 39A and 39C;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn51" class="schProv1"><num>Work No. 40B—</num><content>A road, forming the southbound exit slip road from the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing by a junction with that road at a point 280 metres north of the existing Bridgewood Roundabout, passing southwards and terminating at the eastern end of the roundabout (Work <abbr title="Number">No.</abbr> 40F);</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn52" class="schProv1"><num>Work No. 40C—</num><content>A road, forming the southbound entry slip road to the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing at the eastern end of the roundabout (Work <abbr title="Number">No.</abbr> 40F), passing southwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 40A at a point 145 metres south of the existing Bridgewood Roundabout;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn53" class="schProv1"><num>Work No. 40D—</num><content>A road, forming the northbound entry slip road to the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing by a junction with that road at a point 280 metres north of the said existing Bridgewood Roundabout, passing southwards and terminating at the western end of the roundabout (Work <abbr title="Number">No.</abbr> 40F);</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn54" class="schProv1"><num>Work No. 40E—</num><content>A road, forming the northbound exit slip road from the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing at the western end of the roundabout (Work <abbr title="Number">No.</abbr> 40F), passing southwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 40A at a point 145 metres south of the existing Bridgewood Roundabout;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn55" class="schProv1"><num>Work No. 40F—</num><content>A roundabout (the Bridgewood Roundabout) at the junction of Walderslade Woods, Rochester Road and the A229;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn56" class="schProv1"><num>Work No. 40G—</num><content>Realignment of Rochester Road commencing in that road at a point 160 metres north-west of its junction with the A229 at the existing Bridgewood Roundabout, passing south-eastwards and terminating at the western end of the roundabout (Work <abbr title="Number">No.</abbr> 40F);</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn57" class="schProv1"><num>Work No. 40H—</num><content>Improvement and realignment of Walderslade Woods forming dual carriageways, commencing at the eastern end of the roundabout (Work <abbr title="Number">No.</abbr> 40F), passing eastwards and terminating in Walderslade Woods at a point 100 metres east of that commencement;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn58" class="schProv1"><num>Work No. 40J—</num><content>A road, forming the southbound exit slip road from the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing by a junction with that road at a point 270 metres north of the intended Lord Lees Roundabout (Work <abbr title="Number">No.</abbr> 40N), passing southwards and terminating at the eastern end of that roundabout;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn59" class="schProv1"><num>Work No. 40K—</num><content>A road, forming the southbound entry slip road to the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing at the eastern end of the intended Lord Lees Roundabout (Work <abbr title="Number">No.</abbr> 40N), passing southwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 40A at a point 80 metres north-west of the bridge carrying Common Road over the A229;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn60" class="schProv1"><num>Work No. 40L—</num><content>A road, forming the northbound entry slip road to the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing by a junction with that road at a point 300 metres north of the intended Lord Lees Roundabout (Work <abbr title="Number">No.</abbr> 40N), passing southwards and terminating at the western end of that roundabout;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn61" class="schProv1"><num>Work No. 40M—</num><content>A road, forming the northbound exit slip road from the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing at the western end of the Roundabout (Work <abbr title="Number">No.</abbr> 40N), passing southwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 40A at a point 70 metres north-east of the bridge carrying Common Road over the A229;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn62" class="schProv1"><num>Work No. 40N—</num><content>A roundabout (Lord Lees Roundabout) over the A229 (Work <abbr title="Number">No.</abbr> 40A) at Blue Bell Hill, including two bridges over Work <abbr title="Number">No.</abbr> 40A;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn63" class="schProv1"><num>Work No. 40P—</num><content>A road, forming an access road to the Buckmore Park Activity Centre and an access way for cycles and pedestrians at Shall Hook Wood, commencing in the existing access road at a point 250 metres north of the centre of the existing Lord Lees Roundabout, passing southwards and south-westwards on the western side of the slip road (Work <abbr title="Number">No.</abbr> 40L) and terminating at the western end of the roundabout (Work <abbr title="Number">No.</abbr> 40N);</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn64" class="schProv1"><num>Work No. 40Q—</num><content>A road, forming an access road to the premises known as Nil Desperandum, commencing by a junction with the access road (Work <abbr title="Number">No.</abbr> 40P) at a point 40 metres west of the termination of that work, passing north-eastwards and terminating in the curtilage of those premises;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn65" class="schProv1"><num>Work No. 40R—</num><content>An access way to land on the northern side of the Common Road Sports Ground, commencing by a junction with the access way (Work <abbr title="Number">No.</abbr> 40S) at a point 90 metres north of the termination of that work, passing southwards on the western side of that work and Work <abbr title="Number">No.</abbr> 40M and terminating in the existing access way at a point 30 metres north of the said land;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn66" class="schProv1"><num>Work No. 40S—</num><content>A road, forming an access way for cycles and pedestrians, commencing by a junction with the access road (Work <abbr title="Number">No.</abbr> 40P) at a point 30 metres from the termination of that work, passing southwards and south-eastwards and terminating by a junction with the slip road (Work <abbr title="Number">No.</abbr> 40M) at a point 250 metres from the termination of that work;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn67" class="schProv1"><num>Work No. 41—</num><content>Associated works connected with improvements at Junction 3 of the M2, comprising—</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn68" class="schProv1"><num>Work No. 41A—</num><content>A road, forming a southern extension of Hallsfield Road, commencing at a point 30 metres east of the western end of that road east of Maidstone Road, passing westwards, then southwards and terminating at a point 260 metres south of that commencement;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn69" class="schProv1"><num>Work No. 41B—</num><content>Realignment of Hallsfield Road commencing at a point 30 metres west of the junction of that road with Sadlers Close and terminating in Hallsfield Road at a point 95 metres north-west of that road junction;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn70" class="schProv1"><num>Work No. 41C—</num><content>Realignment of Robin Hood Lane commencing at a point 60 metres west of the existing junction of that road with the access road to the Medway Crematorium, passing eastwards over the M2 (Works <abbr title="Numbers">Nos.</abbr> 37A and 37B) and terminating at a point 180 metres east of that commencement, including a bridge over Works <abbr title="Numbers">Nos.</abbr> 37A, 37B, 39B and 39D;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn71" class="schProv1"><num>Work No. 41D—</num><content>Diversion of the said access road to the Medway Crematorium, commencing by a junction with Robin Hood Lane (Work <abbr title="Number">No.</abbr> 41C) at a point 15 metres west of its existing junction with that road and terminating in that access road at a point 80 metres south of that commencement;In the borough of Tonbridge and Malling, parish of Aylesford, in the borough of Maidstone, parishes of Boxley and Bredhurst and in the borough of Gillingham, town of Gillingham—</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn72" class="schProv1"><num>Work No. 42—</num><content>Improvement of the M2 between Junctions 3 and 4, comprising —</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn73" class="schProv1"><num>Work No. 42A—</num><content>Improvement and realignment of the M2, to form the eastbound carriageway of that motorway, commencing by a junction with Work <abbr title="Number">No.</abbr> 37A at its termination, passing under the footpath KH 32 (Work <abbr title="Number">No.</abbr> 45), over Harp Farm Road (Work <abbr title="Number">No.</abbr> 43A), and under Lidsing Road and Forge Lane (Works <abbr title="Numbers">Nos.</abbr> 43C and 43E) and under Maidstone Road, then passing to Junction 4 (Work <abbr title="Number">No.</abbr> 44) and terminating at a point 190 metres east of the easternmost bridge at that Junction carrying the A278 (Hoath Way) over the M2, including a bridge over Harp Farm Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn74" class="schProv1"><num>Work No. 42B—</num><content>A road forming the westbound carriageway of the M2, being in part a new road and in part improvement and realignment of the existing westbound carriageway, commencing by a junction with Work <abbr title="Number">No.</abbr> 37B at its termination, passing over Work <abbr title="Number">No.</abbr> 43A, under Works <abbr title="Numbers">Nos.</abbr> 43C, 43E and 45 and under Maidstone Road, then passing to Junction 4 (Work <abbr title="Number">No.</abbr> 44) and terminating at a point 190 metres east of the said bridge over the M2, including a bridge over Harp Farm Road;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn75" class="schProv1"><num>Work No. 43—</num><content>Roads between Junctions 3 and 4, comprising—</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn76" class="schProv1"><num>Work No. 43A—</num><content>Realignment of Harp Farm Road, commencing at a point 65 metres south of the centre of the roundabout at its junction with Walderslade Woods, passing southwards under the M2 (Works <abbr title="Numbers">Nos.</abbr> 42A and 42B) and terminating at a point 50 metres south-west of its existing junction with Yelsted Lane;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn77" class="schProv1"><num>Work No. 43B—</num><content>A road, forming a diversion of Yelsted Lane, commencing by a junction with Harp Farm Road (Work <abbr title="Number">No.</abbr> 43A) at a point 10 metres south of its existing junction with that road, passing eastwards on the southern side of the M2 (Work <abbr title="Number">No.</abbr> 42B) and terminating in Yelsted Lane at a point 345 metres east of that commencement;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn78" class="schProv1"><num>Work No. 43C—</num><content>Realignment of Lidsing Road commencing at a point 260 metres south of the southern end of the existing bridge carrying that road over the M2, passing northwards over the M2 (Works <abbr title="Numbers">Nos.</abbr> 42A and 42B) and terminating at a point 70 metres south of the junction of that road with Westfield Sole Road and Blind Lane, including a new bridge over Works <abbr title="Numbers">Nos.</abbr> 42A and 42B;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn79" class="schProv1"><num>Work No. 43D—</num><content>Realignment of an existing track between Blind Lane and Forge Lane on the northern side of the M2 (Work <abbr title="Number">No.</abbr> 42A), commencing at a point 370 metres north-east of the junction of that track with Blind Lane, passing north-eastwards on the northern side of the existing track then northwards and terminating by a junction with Forge Lane (Work <abbr title="Number">No.</abbr> 43E) at a point 260 metres south-east of its junction with Chapel Lane;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn80" class="schProv1"><num>Work No. 43E—</num><content>Realignment of Forge Lane commencing at its junction with Chapel Lane, passing south-eastwards over the M2 (Works <abbr title="Numbers">Nos.</abbr> 42A and 42B) and terminating at a point 40 metres south-east of the junction of Forge Lane with Blind Lane on the southern side of the motorway, including a bridge over the M2;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn81" class="schProv1"><num>Work No. 44—</num><content>Improvement of Junction 4 of the M2, comprising —</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn82" class="schProv1"><num>Work No. 44A—</num><content>Realignment of the exit slip road from the eastbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 42A), commencing by a junction with Work <abbr title="Number">No.</abbr> 42A at a point 390 metres north-east of the existing bridge carrying Forge Lane over the M2, passing under Maidstone Road and terminating at the northern end of the roundabout over the M2 at Junction 4;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn83" class="schProv1"><num>Work No. 44B—</num><content>Realignment of the entry slip road to the westbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 42B) commencing by a junction with Work <abbr title="Number">No.</abbr> 42B at a point 155 metres north-east of the said bridge carrying Forge Lane over the M2, passing under Maidstone Road and terminating at the southern end of the roundabout over the M2 at Junction 4.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn84" class="schProv1"><num>Work No. 45—</num><content>Realignment of footpath KH 32, commencing at a point 12 metres south of the southern end of the footbridge carrying footpath KH 32A over Walderslade Wood, passing southwards over the M2 (Works <abbr title="Numbers">Nos.</abbr> 42A and 42B) on the eastern side of the existing bridge carrying that footpath over the M2 and terminating at a point 30 metres south of the southern end of that existing bridge, including a bridge over Works <abbr title="Numbers">Nos.</abbr> 42A and 42B;</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn85" class="schProv1"><num>Work No. 46—</num><content>A cycle track commencing by a junction with the existing cycle track on the western side of the A229 (Maidstone Road) at a point 190 metres north of the centre of the Bridgewood Roundabout, passing westwards and terminating at a point on the eastern side of Rochester Road 200 metres west of the centre of that roundabout.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-12-paragraph-2" class="schProv1"><num>2</num><intro>In paragraph 1 above—<blockList class="unordered none" ukl:Name="UnorderedList" ukl:Decoration="none"><item>references to the M2 are to the special road so designated;</item><item>references to the A2 are to the trunk road so designated;</item><item>references to the A228 and the A229 are to the principal roads so designated;</item></blockList></intro><hcontainer name="definition"><content>“<term refersTo="#term-wainscott-northern-bypass" eId="term-wainscott-northern-bypass">Wainscott Northern Bypass</term>” means the road scheme so named for a bypass between the A2 and the Medway Tunnel;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-westbound" eId="term-westbound">westbound</term>” in any description of the direction of traffic signifies travel in the direction of London, whether or not London is the destination, and “<term refersTo="#term-eastbound" eId="term-eastbound">eastbound</term>” signifies travel in the opposite direction.</content></hcontainer></paragraph>

<part xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:default="http://www.w3.org/1999/xhtml" eId="schedule-12-part-II"><num>Part II</num><heading> Interference with Highways and Means of Access</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-12-part-II-crossheading-stopping-up-of-highways"><heading> Stopping up of highways</heading><paragraph eId="schedule-12-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-12-paragraph-3-1"><num>(1)</num><intro>Subject to the provisions of this paragraph, the Secretary of State may, in connection with the construction of the A2 and M2 improvement works, stop up—</intro><level class="para1" eId="schedule-12-paragraph-3-1-a"><num>(a)</num><content>each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of the following table, and</content></level><level class="para1" eId="schedule-12-paragraph-3-1-b"><num>(b)</num><content>any other bridleways or footpaths within the limits of deviation for the works authorised by this Part of this Act or within the limits of land to be acquired or used.</content></level></subparagraph><subparagraph eId="schedule-12-paragraph-3-2"><num>(2)</num><content>No highway or part of a highway, other than one specified in columns (1) and (2) of Part II of the following table, shall be stopped up under this paragraph unless the Secretary of State is in possession of all lands abutting on it, except so far as the owners and occupiers of those lands may otherwise agree.</content></subparagraph><subparagraph eId="schedule-12-paragraph-3-3"><num>(3)</num><content>No highway or part of a highway specified in columns (1) and (2) of Part II of the following table shall be stopped up under this paragraph until the Secretary of State is satisfied that the new highway specified in relation to it in column (3) of that Part of the table, by reference to the letters and numbers shown on the deposited plans or by reference to works authorised by this Part of this Act, has been completed and is open for public use.</content></subparagraph><subparagraph eId="schedule-12-paragraph-3-4"><num>(4)</num><content>On a highway or part of a highway being stopped up under this paragraph, all rights of way over or along it shall be extinguished.</content></subparagraph><subparagraph eId="schedule-12-paragraph-3-5"><num>(5)</num><content>The Secretary of State shall compensate any person who suffers loss by the extinguishment under this paragraph of a private right of way.</content></subparagraph><subparagraph eId="schedule-12-paragraph-3-6"><num>(6)</num><content>Any dispute as to a person’s entitlement to compensation under sub-paragraph (5) above, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the <noteRef href="#c1252302" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1961.</content></subparagraph><wrapUp><tblock class="table" ukl:Orientation="portrait"><num>The Table</num><heading>Highways to be Stopped Up</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:td/></default:tr></default:tbody></default:table></foreign></tblock><tblock class="table" ukl:Orientation="portrait"><num>Part I</num><heading> Highways to be Stopped Up Without Provision of Substitute</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th></default:tr><default:tr><default:th>Area</default:th><default:th>Highway or part to be stopped up</default:th></default:tr><default:tr><default:th colspan="2">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Shorne</default:td><default:td>Footpath NS312 for a distance of 45 metres north-eastwards from its junction with Watling Street (A2)</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Cobham</default:td><default:td>Old Watling Street (B395) between points K1 and K2</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Parish of Cuxton</default:td><default:td>Footpath RS205 between points D1 and D2</default:td></default:tr><default:tr><default:td/><default:td>Footpath RR27 between points D2 and D3</default:td></default:tr><default:tr><default:td>Borough of Tonbridge and Malling, Parish of Aylesford</default:td><default:td>Access road to go-kart racing track between points S1 and S2</default:td></default:tr><default:tr><default:td/><default:td>Access road between points H1 and H2</default:td></default:tr><default:tr><default:td/><default:td>Victoria Close between points B3 and B4</default:td></default:tr><default:tr><default:td/><default:td>Footpath MR201 between points T1 and T3 and between points T3 and T4</default:td></default:tr><default:tr><default:td/><default:td>Footpath MR14 for a distance of 120 metres westwards from its junction with Maidstone Road (A229)</default:td></default:tr></default:tbody></default:table></foreign></tblock><tblock class="table" ukl:Orientation="portrait"><num>Part II</num><heading> Highways to be Stopped Up Only on Provision of Substitute</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th><default:th>(3)</default:th></default:tr><default:tr><default:th>Area</default:th><default:th>Highway or part to be stopped up</default:th><default:th>New highway to be substituted for it</default:th></default:tr><default:tr><default:th colspan="3">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Cobham</default:td><default:td>A2 westbound entry slip road between points H3 and H2</default:td><default:td>Work <abbr title="Number">No.</abbr> 32C</default:td></default:tr><default:tr><default:td/><default:td>A2 westbound exit slip road between points H4 and H2</default:td><default:td>Work <abbr title="Number">No.</abbr> 32B</default:td></default:tr><default:tr><default:td/><default:td>Halfpence Lane (C492) between points H1 and H2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 32B and 32C</default:td></default:tr><default:tr><default:td/><default:td>Footpath NS182 between points N9, P3 and N8</default:td><default:td>New footpath between points N7 and N8</default:td></default:tr><default:tr><default:td/><default:td>Access road between points N1 and N2 and points N3 and N4</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 35A and 35B</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Shorne</default:td><default:td>A2 eastbound entry slip road between points J3 and J4</default:td><default:td>Work <abbr title="Number">No.</abbr> 32A</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parishes of Cobham and Higham</default:td><default:td>A2 westbound slip road between points P1 and P2</default:td><default:td>Work <abbr title="Number">No.</abbr> 35A</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Parish of Cuxton</default:td><default:td>Work <abbr title="Number">No.</abbr> 13A(2)</default:td><default:td>Work <abbr title="Number">No.</abbr> 36C between its commencement and its junction with Work <abbr title="Number">No.</abbr> 13A(2)</default:td></default:tr><default:tr><default:td/><default:td>Work <abbr title="Number">No.</abbr> 13A(3)</default:td><default:td>Work <abbr title="Number">No.</abbr> 36D</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Town of Rochester and Parish of Cuxton</default:td><default:td>Footpath RS203 between points B1 and B2</default:td><default:td>New footpath between points B1, B6, B5, B4 and B3</default:td></default:tr><default:tr><default:td/><default:td>Work <abbr title="Number">No.</abbr> 13A(4)</default:td><default:td>Work <abbr title="Number">No.</abbr> 36F between its junction with Work <abbr title="Number">No.</abbr> 13A(4) and its termination</default:td></default:tr><default:tr><default:td/><default:td>Work <abbr title="Number">No.</abbr> 13A(1)</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 36A and 36E</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Town of Rochester</default:td><default:td>A228 (Rochester Road) between points C1 and C2</default:td><default:td>Work <abbr title="Number">No.</abbr> 36F</default:td></default:tr><default:tr><default:td/><default:td>M2 eastbound exit slip road between points C9 and C4</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 36A and 36E</default:td></default:tr><default:tr><default:td/><default:td>M2 westbound entry slip road between points C6 and C7</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 36C and 36E</default:td></default:tr><default:tr><default:td/><default:td>M2 eastbound entry slip road between points C9 and C5</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 36B and 36E</default:td></default:tr><default:tr><default:td/><default:td>M2 westbound exit slip road between points C8 and C7</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 36D and 36E</default:td></default:tr><default:tr><default:td/><default:td>Footpath RS205A between points C9 and C10</default:td><default:td>Work <abbr title="Number">No.</abbr> 36K</default:td></default:tr><default:tr><default:td/><default:td>Nashenden Farm Lane between points E1 and E2</default:td><default:td>Work <abbr title="Number">No.</abbr> 38C</default:td></default:tr><default:tr><default:td/><default:td>Bridleway RR16 between points E3, E2 and E4</default:td><default:td>Work <abbr title="Number">No.</abbr> 38C</default:td></default:tr><default:tr><default:td/><default:td>Bridleway RR18 between points C1 and A3</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 38F and 13C</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Town of Rochester and Borough of Tonbridge and Malling, Parish of Wouldham</default:td><default:td>Work <abbr title="Number">No.</abbr> 13C between its commencement and its junction with Work <abbr title="Number">No.</abbr> 38F</default:td><default:td>Work <abbr title="Number">No.</abbr> 38F</default:td></default:tr><default:tr><default:td>Borough of Tonbridge and Malling, Parish of Wouldham</default:td><default:td>Bridleway MR11 between points A3, A2 and A1</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 38F and 13C</default:td></default:tr><default:tr><default:td>Borough of Tonbridge and Malling, Parish of Aylesford</default:td><default:td>A229 (Maidstone Road) between points F1 and F2d</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 40A, 40B, 40C, 40D, 40E, 40F and 41A</default:td></default:tr><default:tr><default:td/><default:td>Rochester Road between points F3 and F4</default:td><default:td>Work <abbr title="Number">No.</abbr> 40G</default:td></default:tr><default:tr><default:td/><default:td>A229 slip road between points B1 and B2</default:td><default:td>Work <abbr title="Number">No.</abbr> 40J</default:td></default:tr><default:tr><default:td/><default:td>A229 slip road between points C1 and C2</default:td><default:td>Work <abbr title="Number">No.</abbr> 40L</default:td></default:tr><default:tr><default:td/><default:td>A229 slip road between points D1 and D2</default:td><default:td>Work <abbr title="Number">No.</abbr> 40M</default:td></default:tr><default:tr><default:td/><default:td>A229 slip road between points E1 and E2</default:td><default:td>Work <abbr title="Number">No.</abbr> 39H</default:td></default:tr><default:tr><default:td/><default:td>A229 slip road between points G1 and G2</default:td><default:td>Work <abbr title="Number">No.</abbr> 40K</default:td></default:tr><default:tr><default:td/><default:td>Walderslade Woods between points F5 and F6</default:td><default:td>Work <abbr title="Number">No.</abbr> 40H</default:td></default:tr><default:tr><default:td/><default:td>Walderslade Woods between points F7 and F8</default:td><default:td>Work <abbr title="Number">No.</abbr> 39G</default:td></default:tr><default:tr><default:td/><default:td>M2 eastbound exit slip road between points K1 and K2</default:td><default:td>Work <abbr title="Number">No.</abbr> 39A</default:td></default:tr><default:tr><default:td/><default:td>M2 eastbound entry slip road between points J1 and J2</default:td><default:td>Work <abbr title="Number">No.</abbr> 39B</default:td></default:tr><default:tr><default:td/><default:td>M2 westbound exit slip road between points M1 and M2</default:td><default:td>Work <abbr title="Number">No.</abbr> 39D</default:td></default:tr><default:tr><default:td/><default:td>M2 westbound entry slip road between points L1 and L2</default:td><default:td>Work <abbr title="Number">No.</abbr> 39C</default:td></default:tr><default:tr><default:td/><default:td>Maidstone Road between points N1 and N2</default:td><default:td>Work <abbr title="Number">No.</abbr> 39J</default:td></default:tr><default:tr><default:td/><default:td>Access way between points A1, A2 and A3</default:td><default:td>Work <abbr title="Number">No.</abbr> 40P</default:td></default:tr><default:tr><default:td/><default:td>Access way between points P3 and P4</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 40R and 40S</default:td></default:tr><default:tr><default:td/><default:td>Access road between points P1, P3 and P2</default:td><default:td>Work <abbr title="Number">No.</abbr> 40Q</default:td></default:tr><default:tr><default:td/><default:td>Access road to Crematorium between points V3 and V4</default:td><default:td>Work <abbr title="Number">No.</abbr> 41D</default:td></default:tr><default:tr><default:td/><default:td>Footpath MR440 between points Q3 and Q4</default:td><default:td>New footpath between points Q3 and Q5</default:td></default:tr><default:tr><default:td/><default:td>Footpath MR438A between points R1 and R2</default:td><default:td>New footpath between those points</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Boxley</default:td><default:td>Footpath KH32 between points Q1 and Q2</default:td><default:td>Work <abbr title="Number">No.</abbr> 45</default:td></default:tr><default:tr><default:td/><default:td>Yelsted Lane between points E3 and E4</default:td><default:td>Work <abbr title="Number">No.</abbr> 43B</default:td></default:tr><default:tr><default:td/><default:td>Lidsing Road between points F1 and F2</default:td><default:td>Work <abbr title="Number">No.</abbr> 43C</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH9 between points G1, G3 and G4</default:td><default:td>New footpath between points G1, G2 and G4</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH634 between points H1 and H2</default:td><default:td>Work <abbr title="Number">No.</abbr> 43D</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parishes of Boxley and Bredhurst</default:td><default:td>Forge Lane between points H3 and H4</default:td><default:td>Work <abbr title="Number">No.</abbr> 43E</default:td></default:tr><default:tr><default:td>Borough of Gillingham, Town of Gillingham and Borough of Maidstone, Parish of Bredhurst</default:td><default:td>M2 westbound entry slip road between points A1 and A2</default:td><default:td>Work <abbr title="Number">No.</abbr> 44B</default:td></default:tr><default:tr><default:td/><default:td>M2 eastbound exit slip road between points A3 and A4</default:td><default:td>Work <abbr title="Number">No.</abbr> 44A</default:td></default:tr></default:tbody></default:table></foreign></tblock>Note: In the event that Work <abbr title="Number">No.</abbr> 38F is not carried out after Work <abbr title="Number">No.</abbr> 13C, references in column (3) of the table to Work <abbr title="Number">No.</abbr> 13C shall be construed as references to so much of it as lies between its junction with Work <abbr title="Number">No.</abbr> 38F and its termination.</wrapUp></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-12-part-II-crossheading-stopping-up-of-private-access-to-premises"><heading> Stopping up of private access to premises</heading><paragraph eId="schedule-12-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-12-paragraph-4-1"><num>(1)</num><intro>Subject to the provisions of this paragraph, the Secretary of State may, in connection with the construction of the A2 and M2 improvement works—</intro><level class="para1" eId="schedule-12-paragraph-4-1-a"><num>(a)</num><intro>stop up any private means of access to premises adjoining or adjacent to any land—</intro><level class="para2" eId="schedule-12-paragraph-4-1-a-i"><num>(i)</num><content>comprised in the route of any highway which becomes, by virtue of paragraph 6 below, a special road, or</content></level><level class="para2" eId="schedule-12-paragraph-4-1-a-ii"><num>(ii)</num><content>forming part of the site of any works authorised by this Part of this Act,</content></level><wrapUp>and</wrapUp></level><level class="para1" eId="schedule-12-paragraph-4-1-b"><num>(b)</num><content>provide a new means of access to any such premises.</content></level></subparagraph><subparagraph eId="schedule-12-paragraph-4-2"><num>(2)</num><intro>No means of access shall be stopped up under this paragraph unless the Secretary of State is satisfied—</intro><level class="para1" eId="schedule-12-paragraph-4-2-a"><num>(a)</num><content>that no access to the premises is reasonably required, or</content></level><level class="para1" eId="schedule-12-paragraph-4-2-b"><num>(b)</num><content>that another reasonably convenient means of access to the premises is available or will be provided under this paragraph or otherwise.</content></level></subparagraph><subparagraph eId="schedule-12-paragraph-4-3"><num>(3)</num><intro>In determining for the purposes of sub-paragraph (2) above whether a means of access to any premises from a highway is or will be reasonably convenient, the Secretary of State shall have regard—</intro><level class="para1" eId="schedule-12-paragraph-4-3-a"><num>(a)</num><content>to the need, if any, for a means of access from the highway to different places on those premises, and</content></level><level class="para1" eId="schedule-12-paragraph-4-3-b"><num>(b)</num><content>to any roads, paths or other ways on those or other premises which are or will be capable of providing such a means.</content></level></subparagraph><subparagraph eId="schedule-12-paragraph-4-4"><num>(4)</num><content>The provision under this paragraph of a new means of access to any premises from a highway includes the provision of a road, path or other way on those or any other premises.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-12-part-II-crossheading-temporary-interference-with-highways"><heading> Temporary interference with highways</heading><paragraph eId="schedule-12-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-12-paragraph-5-1"><num>(1)</num><content>The Secretary of State may, for the purpose of constructing the A2 and M2 improvement works, temporarily stop up, open, break up or interfere with, or alter or divert, the whole or any part of any highway within the limits of deviation for the works authorised by this Part of this Act or the limits of land to be acquired or used, and may carry out and do all necessary works and things for, or in connection with, the stopping up, opening, breaking up, interference, alteration or diversion and for keeping the highway open for traffic.</content></subparagraph><subparagraph eId="schedule-12-paragraph-5-2"><num>(2)</num><content>The Secretary of State shall provide reasonable access for all persons, with or without vehicles, going to or returning from premises abutting on any highway affected by the exercise of the powers conferred by this paragraph.</content></subparagraph></paragraph></hcontainer></part>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:default="http://www.w3.org/1999/xhtml" eId="schedule-12-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-12-paragraph-3-1"><num>(1)</num><intro>Subject to the provisions of this paragraph, the Secretary of State may, in connection with the construction of the A2 and M2 improvement works, stop up—</intro><level class="para1" eId="schedule-12-paragraph-3-1-a"><num>(a)</num><content>each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of the following table, and</content></level><level class="para1" eId="schedule-12-paragraph-3-1-b"><num>(b)</num><content>any other bridleways or footpaths within the limits of deviation for the works authorised by this Part of this Act or within the limits of land to be acquired or used.</content></level></subparagraph><subparagraph eId="schedule-12-paragraph-3-2"><num>(2)</num><content>No highway or part of a highway, other than one specified in columns (1) and (2) of Part II of the following table, shall be stopped up under this paragraph unless the Secretary of State is in possession of all lands abutting on it, except so far as the owners and occupiers of those lands may otherwise agree.</content></subparagraph><subparagraph eId="schedule-12-paragraph-3-3"><num>(3)</num><content>No highway or part of a highway specified in columns (1) and (2) of Part II of the following table shall be stopped up under this paragraph until the Secretary of State is satisfied that the new highway specified in relation to it in column (3) of that Part of the table, by reference to the letters and numbers shown on the deposited plans or by reference to works authorised by this Part of this Act, has been completed and is open for public use.</content></subparagraph><subparagraph eId="schedule-12-paragraph-3-4"><num>(4)</num><content>On a highway or part of a highway being stopped up under this paragraph, all rights of way over or along it shall be extinguished.</content></subparagraph><subparagraph eId="schedule-12-paragraph-3-5"><num>(5)</num><content>The Secretary of State shall compensate any person who suffers loss by the extinguishment under this paragraph of a private right of way.</content></subparagraph><subparagraph eId="schedule-12-paragraph-3-6"><num>(6)</num><content>Any dispute as to a person’s entitlement to compensation under sub-paragraph (5) above, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the <noteRef href="#c1252302" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1961.</content></subparagraph><wrapUp><tblock class="table" ukl:Orientation="portrait"><num>The Table</num><heading>Highways to be Stopped Up</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:td/></default:tr></default:tbody></default:table></foreign></tblock><tblock class="table" ukl:Orientation="portrait"><num>Part I</num><heading> Highways to be Stopped Up Without Provision of Substitute</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th></default:tr><default:tr><default:th>Area</default:th><default:th>Highway or part to be stopped up</default:th></default:tr><default:tr><default:th colspan="2">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Shorne</default:td><default:td>Footpath NS312 for a distance of 45 metres north-eastwards from its junction with Watling Street (A2)</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Cobham</default:td><default:td>Old Watling Street (B395) between points K1 and K2</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Parish of Cuxton</default:td><default:td>Footpath RS205 between points D1 and D2</default:td></default:tr><default:tr><default:td/><default:td>Footpath RR27 between points D2 and D3</default:td></default:tr><default:tr><default:td>Borough of Tonbridge and Malling, Parish of Aylesford</default:td><default:td>Access road to go-kart racing track between points S1 and S2</default:td></default:tr><default:tr><default:td/><default:td>Access road between points H1 and H2</default:td></default:tr><default:tr><default:td/><default:td>Victoria Close between points B3 and B4</default:td></default:tr><default:tr><default:td/><default:td>Footpath MR201 between points T1 and T3 and between points T3 and T4</default:td></default:tr><default:tr><default:td/><default:td>Footpath MR14 for a distance of 120 metres westwards from its junction with Maidstone Road (A229)</default:td></default:tr></default:tbody></default:table></foreign></tblock><tblock class="table" ukl:Orientation="portrait"><num>Part II</num><heading> Highways to be Stopped Up Only on Provision of Substitute</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th><default:th>(3)</default:th></default:tr><default:tr><default:th>Area</default:th><default:th>Highway or part to be stopped up</default:th><default:th>New highway to be substituted for it</default:th></default:tr><default:tr><default:th colspan="3">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Cobham</default:td><default:td>A2 westbound entry slip road between points H3 and H2</default:td><default:td>Work <abbr title="Number">No.</abbr> 32C</default:td></default:tr><default:tr><default:td/><default:td>A2 westbound exit slip road between points H4 and H2</default:td><default:td>Work <abbr title="Number">No.</abbr> 32B</default:td></default:tr><default:tr><default:td/><default:td>Halfpence Lane (C492) between points H1 and H2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 32B and 32C</default:td></default:tr><default:tr><default:td/><default:td>Footpath NS182 between points N9, P3 and N8</default:td><default:td>New footpath between points N7 and N8</default:td></default:tr><default:tr><default:td/><default:td>Access road between points N1 and N2 and points N3 and N4</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 35A and 35B</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Shorne</default:td><default:td>A2 eastbound entry slip road between points J3 and J4</default:td><default:td>Work <abbr title="Number">No.</abbr> 32A</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parishes of Cobham and Higham</default:td><default:td>A2 westbound slip road between points P1 and P2</default:td><default:td>Work <abbr title="Number">No.</abbr> 35A</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Parish of Cuxton</default:td><default:td>Work <abbr title="Number">No.</abbr> 13A(2)</default:td><default:td>Work <abbr title="Number">No.</abbr> 36C between its commencement and its junction with Work <abbr title="Number">No.</abbr> 13A(2)</default:td></default:tr><default:tr><default:td/><default:td>Work <abbr title="Number">No.</abbr> 13A(3)</default:td><default:td>Work <abbr title="Number">No.</abbr> 36D</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Town of Rochester and Parish of Cuxton</default:td><default:td>Footpath RS203 between points B1 and B2</default:td><default:td>New footpath between points B1, B6, B5, B4 and B3</default:td></default:tr><default:tr><default:td/><default:td>Work <abbr title="Number">No.</abbr> 13A(4)</default:td><default:td>Work <abbr title="Number">No.</abbr> 36F between its junction with Work <abbr title="Number">No.</abbr> 13A(4) and its termination</default:td></default:tr><default:tr><default:td/><default:td>Work <abbr title="Number">No.</abbr> 13A(1)</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 36A and 36E</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Town of Rochester</default:td><default:td>A228 (Rochester Road) between points C1 and C2</default:td><default:td>Work <abbr title="Number">No.</abbr> 36F</default:td></default:tr><default:tr><default:td/><default:td>M2 eastbound exit slip road between points C9 and C4</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 36A and 36E</default:td></default:tr><default:tr><default:td/><default:td>M2 westbound entry slip road between points C6 and C7</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 36C and 36E</default:td></default:tr><default:tr><default:td/><default:td>M2 eastbound entry slip road between points C9 and C5</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 36B and 36E</default:td></default:tr><default:tr><default:td/><default:td>M2 westbound exit slip road between points C8 and C7</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 36D and 36E</default:td></default:tr><default:tr><default:td/><default:td>Footpath RS205A between points C9 and C10</default:td><default:td>Work <abbr title="Number">No.</abbr> 36K</default:td></default:tr><default:tr><default:td/><default:td>Nashenden Farm Lane between points E1 and E2</default:td><default:td>Work <abbr title="Number">No.</abbr> 38C</default:td></default:tr><default:tr><default:td/><default:td>Bridleway RR16 between points E3, E2 and E4</default:td><default:td>Work <abbr title="Number">No.</abbr> 38C</default:td></default:tr><default:tr><default:td/><default:td>Bridleway RR18 between points C1 and A3</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 38F and 13C</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Town of Rochester and Borough of Tonbridge and Malling, Parish of Wouldham</default:td><default:td>Work <abbr title="Number">No.</abbr> 13C between its commencement and its junction with Work <abbr title="Number">No.</abbr> 38F</default:td><default:td>Work <abbr title="Number">No.</abbr> 38F</default:td></default:tr><default:tr><default:td>Borough of Tonbridge and Malling, Parish of Wouldham</default:td><default:td>Bridleway MR11 between points A3, A2 and A1</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 38F and 13C</default:td></default:tr><default:tr><default:td>Borough of Tonbridge and Malling, Parish of Aylesford</default:td><default:td>A229 (Maidstone Road) between points F1 and F2d</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 40A, 40B, 40C, 40D, 40E, 40F and 41A</default:td></default:tr><default:tr><default:td/><default:td>Rochester Road between points F3 and F4</default:td><default:td>Work <abbr title="Number">No.</abbr> 40G</default:td></default:tr><default:tr><default:td/><default:td>A229 slip road between points B1 and B2</default:td><default:td>Work <abbr title="Number">No.</abbr> 40J</default:td></default:tr><default:tr><default:td/><default:td>A229 slip road between points C1 and C2</default:td><default:td>Work <abbr title="Number">No.</abbr> 40L</default:td></default:tr><default:tr><default:td/><default:td>A229 slip road between points D1 and D2</default:td><default:td>Work <abbr title="Number">No.</abbr> 40M</default:td></default:tr><default:tr><default:td/><default:td>A229 slip road between points E1 and E2</default:td><default:td>Work <abbr title="Number">No.</abbr> 39H</default:td></default:tr><default:tr><default:td/><default:td>A229 slip road between points G1 and G2</default:td><default:td>Work <abbr title="Number">No.</abbr> 40K</default:td></default:tr><default:tr><default:td/><default:td>Walderslade Woods between points F5 and F6</default:td><default:td>Work <abbr title="Number">No.</abbr> 40H</default:td></default:tr><default:tr><default:td/><default:td>Walderslade Woods between points F7 and F8</default:td><default:td>Work <abbr title="Number">No.</abbr> 39G</default:td></default:tr><default:tr><default:td/><default:td>M2 eastbound exit slip road between points K1 and K2</default:td><default:td>Work <abbr title="Number">No.</abbr> 39A</default:td></default:tr><default:tr><default:td/><default:td>M2 eastbound entry slip road between points J1 and J2</default:td><default:td>Work <abbr title="Number">No.</abbr> 39B</default:td></default:tr><default:tr><default:td/><default:td>M2 westbound exit slip road between points M1 and M2</default:td><default:td>Work <abbr title="Number">No.</abbr> 39D</default:td></default:tr><default:tr><default:td/><default:td>M2 westbound entry slip road between points L1 and L2</default:td><default:td>Work <abbr title="Number">No.</abbr> 39C</default:td></default:tr><default:tr><default:td/><default:td>Maidstone Road between points N1 and N2</default:td><default:td>Work <abbr title="Number">No.</abbr> 39J</default:td></default:tr><default:tr><default:td/><default:td>Access way between points A1, A2 and A3</default:td><default:td>Work <abbr title="Number">No.</abbr> 40P</default:td></default:tr><default:tr><default:td/><default:td>Access way between points P3 and P4</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 40R and 40S</default:td></default:tr><default:tr><default:td/><default:td>Access road between points P1, P3 and P2</default:td><default:td>Work <abbr title="Number">No.</abbr> 40Q</default:td></default:tr><default:tr><default:td/><default:td>Access road to Crematorium between points V3 and V4</default:td><default:td>Work <abbr title="Number">No.</abbr> 41D</default:td></default:tr><default:tr><default:td/><default:td>Footpath MR440 between points Q3 and Q4</default:td><default:td>New footpath between points Q3 and Q5</default:td></default:tr><default:tr><default:td/><default:td>Footpath MR438A between points R1 and R2</default:td><default:td>New footpath between those points</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Boxley</default:td><default:td>Footpath KH32 between points Q1 and Q2</default:td><default:td>Work <abbr title="Number">No.</abbr> 45</default:td></default:tr><default:tr><default:td/><default:td>Yelsted Lane between points E3 and E4</default:td><default:td>Work <abbr title="Number">No.</abbr> 43B</default:td></default:tr><default:tr><default:td/><default:td>Lidsing Road between points F1 and F2</default:td><default:td>Work <abbr title="Number">No.</abbr> 43C</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH9 between points G1, G3 and G4</default:td><default:td>New footpath between points G1, G2 and G4</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH634 between points H1 and H2</default:td><default:td>Work <abbr title="Number">No.</abbr> 43D</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parishes of Boxley and Bredhurst</default:td><default:td>Forge Lane between points H3 and H4</default:td><default:td>Work <abbr title="Number">No.</abbr> 43E</default:td></default:tr><default:tr><default:td>Borough of Gillingham, Town of Gillingham and Borough of Maidstone, Parish of Bredhurst</default:td><default:td>M2 westbound entry slip road between points A1 and A2</default:td><default:td>Work <abbr title="Number">No.</abbr> 44B</default:td></default:tr><default:tr><default:td/><default:td>M2 eastbound exit slip road between points A3 and A4</default:td><default:td>Work <abbr title="Number">No.</abbr> 44A</default:td></default:tr></default:tbody></default:table></foreign></tblock>Note: In the event that Work <abbr title="Number">No.</abbr> 38F is not carried out after Work <abbr title="Number">No.</abbr> 13C, references in column (3) of the table to Work <abbr title="Number">No.</abbr> 13C shall be construed as references to so much of it as lies between its junction with Work <abbr title="Number">No.</abbr> 38F and its termination.</wrapUp></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="schedule-12-part-II-crossheading-stopping-up-of-private-access-to-premises"><heading> Stopping up of private access to premises</heading><paragraph eId="schedule-12-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-12-paragraph-4-1"><num>(1)</num><intro>Subject to the provisions of this paragraph, the Secretary of State may, in connection with the construction of the A2 and M2 improvement works—</intro><level class="para1" eId="schedule-12-paragraph-4-1-a"><num>(a)</num><intro>stop up any private means of access to premises adjoining or adjacent to any land—</intro><level class="para2" eId="schedule-12-paragraph-4-1-a-i"><num>(i)</num><content>comprised in the route of any highway which becomes, by virtue of paragraph 6 below, a special road, or</content></level><level class="para2" eId="schedule-12-paragraph-4-1-a-ii"><num>(ii)</num><content>forming part of the site of any works authorised by this Part of this Act,</content></level><wrapUp>and</wrapUp></level><level class="para1" eId="schedule-12-paragraph-4-1-b"><num>(b)</num><content>provide a new means of access to any such premises.</content></level></subparagraph><subparagraph eId="schedule-12-paragraph-4-2"><num>(2)</num><intro>No means of access shall be stopped up under this paragraph unless the Secretary of State is satisfied—</intro><level class="para1" eId="schedule-12-paragraph-4-2-a"><num>(a)</num><content>that no access to the premises is reasonably required, or</content></level><level class="para1" eId="schedule-12-paragraph-4-2-b"><num>(b)</num><content>that another reasonably convenient means of access to the premises is available or will be provided under this paragraph or otherwise.</content></level></subparagraph><subparagraph eId="schedule-12-paragraph-4-3"><num>(3)</num><intro>In determining for the purposes of sub-paragraph (2) above whether a means of access to any premises from a highway is or will be reasonably convenient, the Secretary of State shall have regard—</intro><level class="para1" eId="schedule-12-paragraph-4-3-a"><num>(a)</num><content>to the need, if any, for a means of access from the highway to different places on those premises, and</content></level><level class="para1" eId="schedule-12-paragraph-4-3-b"><num>(b)</num><content>to any roads, paths or other ways on those or other premises which are or will be capable of providing such a means.</content></level></subparagraph><subparagraph eId="schedule-12-paragraph-4-4"><num>(4)</num><content>The provision under this paragraph of a new means of access to any premises from a highway includes the provision of a road, path or other way on those or any other premises.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-12-paragraph-4-1"><num>(1)</num><intro>Subject to the provisions of this paragraph, the Secretary of State may, in connection with the construction of the A2 and M2 improvement works—</intro><level class="para1" eId="schedule-12-paragraph-4-1-a"><num>(a)</num><intro>stop up any private means of access to premises adjoining or adjacent to any land—</intro><level class="para2" eId="schedule-12-paragraph-4-1-a-i"><num>(i)</num><content>comprised in the route of any highway which becomes, by virtue of paragraph 6 below, a special road, or</content></level><level class="para2" eId="schedule-12-paragraph-4-1-a-ii"><num>(ii)</num><content>forming part of the site of any works authorised by this Part of this Act,</content></level><wrapUp>and</wrapUp></level><level class="para1" eId="schedule-12-paragraph-4-1-b"><num>(b)</num><content>provide a new means of access to any such premises.</content></level></subparagraph><subparagraph eId="schedule-12-paragraph-4-2"><num>(2)</num><intro>No means of access shall be stopped up under this paragraph unless the Secretary of State is satisfied—</intro><level class="para1" eId="schedule-12-paragraph-4-2-a"><num>(a)</num><content>that no access to the premises is reasonably required, or</content></level><level class="para1" eId="schedule-12-paragraph-4-2-b"><num>(b)</num><content>that another reasonably convenient means of access to the premises is available or will be provided under this paragraph or otherwise.</content></level></subparagraph><subparagraph eId="schedule-12-paragraph-4-3"><num>(3)</num><intro>In determining for the purposes of sub-paragraph (2) above whether a means of access to any premises from a highway is or will be reasonably convenient, the Secretary of State shall have regard—</intro><level class="para1" eId="schedule-12-paragraph-4-3-a"><num>(a)</num><content>to the need, if any, for a means of access from the highway to different places on those premises, and</content></level><level class="para1" eId="schedule-12-paragraph-4-3-b"><num>(b)</num><content>to any roads, paths or other ways on those or other premises which are or will be capable of providing such a means.</content></level></subparagraph><subparagraph eId="schedule-12-paragraph-4-4"><num>(4)</num><content>The provision under this paragraph of a new means of access to any premises from a highway includes the provision of a road, path or other way on those or any other premises.</content></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="schedule-12-part-II-crossheading-temporary-interference-with-highways"><heading> Temporary interference with highways</heading><paragraph eId="schedule-12-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-12-paragraph-5-1"><num>(1)</num><content>The Secretary of State may, for the purpose of constructing the A2 and M2 improvement works, temporarily stop up, open, break up or interfere with, or alter or divert, the whole or any part of any highway within the limits of deviation for the works authorised by this Part of this Act or the limits of land to be acquired or used, and may carry out and do all necessary works and things for, or in connection with, the stopping up, opening, breaking up, interference, alteration or diversion and for keeping the highway open for traffic.</content></subparagraph><subparagraph eId="schedule-12-paragraph-5-2"><num>(2)</num><content>The Secretary of State shall provide reasonable access for all persons, with or without vehicles, going to or returning from premises abutting on any highway affected by the exercise of the powers conferred by this paragraph.</content></subparagraph></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-12-part-III-crossheading-status-of-new-highways"><heading> Status of new highways</heading><paragraph eId="schedule-12-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-12-paragraph-6-1"><num>(1)</num><content>On the date on which this Act is passed the highways comprised in Works <abbr title="Numbers">Nos.</abbr> 33B, 36A, 36B, 36C, 36D, 37B, 39A, 39B, 39C, 39D and 42B shall become trunk roads and special roads for the exclusive use of traffic of Classes I and <abbr class="acronym" title="2">II</abbr> of the classes of traffic specified in Schedule 4 to the <noteRef href="#c1899611" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Highways Act 1980.</content></subparagraph><subparagraph eId="schedule-12-paragraph-6-2"><num>(2)</num><intro>The highways which become special roads by virtue of sub-paragraph (1) above shall be treated as provided by the Secretary of State under a scheme made by him under section 16 of the Highways Act 1980—</intro><level class="para1" eId="schedule-12-paragraph-6-2-a"><num>(a)</num><content>prescribing the route of those highways as the route of the special roads authorised by the scheme,</content></level><level class="para1" eId="schedule-12-paragraph-6-2-b"><num>(b)</num><content>prescribing the classes of traffic mentioned in that sub-paragraph, and</content></level><level class="para1" eId="schedule-12-paragraph-6-2-c"><num>(c)</num><content>specifying the date on which this Act is passed as the date on which those special roads were to become trunk roads.</content></level></subparagraph></paragraph><paragraph eId="schedule-12-paragraph-7" class="schProv1"><num>7</num><intro>On the date on which this Act is passed—</intro><level class="para1" eId="schedule-12-paragraph-7-a"><num>(a)</num><content>the highways comprised in Works <abbr title="Numbers">Nos.</abbr> 32A and 35A, and</content></level><level class="para1" eId="schedule-12-paragraph-7-b"><num>(b)</num><content>the highway comprised in Work <abbr title="Number">No.</abbr> 32B from the intersection of that work with Work <abbr title="Number">No.</abbr> 32C to its termination,</content></level><wrapUp>shall become trunk roads as if they had become so by virtue of an order under section 10(2) of the Highways Act 1980 specifying that date as the date on which they were to become trunk roads.</wrapUp></paragraph><paragraph eId="schedule-12-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-12-paragraph-8-1"><num>(1)</num><content>On the date certified by the Secretary of State as the date on which any highway constructed in pursuance of this Schedule, other than one to which paragraph 6 or 7 above applies, is open for public use, that highway shall be transferred to the Kent County Council and, following that transfer, shall be treated for the purposes of the Highways Act 1980 as if it had been so transferred by means of an order made under section 14(1)(b) or, as the case may be, 18(1)(d) of that Act.</content></subparagraph><subparagraph eId="schedule-12-paragraph-8-2"><num>(2)</num><content>The Secretary of State may classify any highway proposed to be constructed in pursuance of this Schedule, other than one to which paragraph 6 or 7 above applies, in any manner in which, and for any purposes for which, he could classify that highway under section 12(3) of that Act.</content></subparagraph><subparagraph eId="schedule-12-paragraph-8-3"><num>(3)</num><content>On the date of its transfer under sub-paragraph (1) above to the Kent County Council any highway classified under sub-paragraph (2) above shall become a highway classified in the manner and for the purposes in question as if so classified under section 12(3) of that Act.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-12-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-12-paragraph-6-1"><num>(1)</num><content>On the date on which this Act is passed the highways comprised in Works <abbr title="Numbers">Nos.</abbr> 33B, 36A, 36B, 36C, 36D, 37B, 39A, 39B, 39C, 39D and 42B shall become trunk roads and special roads for the exclusive use of traffic of Classes I and <abbr class="acronym" title="2">II</abbr> of the classes of traffic specified in Schedule 4 to the <noteRef href="#c1899611" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Highways Act 1980.</content></subparagraph><subparagraph eId="schedule-12-paragraph-6-2"><num>(2)</num><intro>The highways which become special roads by virtue of sub-paragraph (1) above shall be treated as provided by the Secretary of State under a scheme made by him under section 16 of the Highways Act 1980—</intro><level class="para1" eId="schedule-12-paragraph-6-2-a"><num>(a)</num><content>prescribing the route of those highways as the route of the special roads authorised by the scheme,</content></level><level class="para1" eId="schedule-12-paragraph-6-2-b"><num>(b)</num><content>prescribing the classes of traffic mentioned in that sub-paragraph, and</content></level><level class="para1" eId="schedule-12-paragraph-6-2-c"><num>(c)</num><content>specifying the date on which this Act is passed as the date on which those special roads were to become trunk roads.</content></level></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-paragraph-7" class="schProv1"><num>7</num><intro>On the date on which this Act is passed—</intro><level class="para1" eId="schedule-12-paragraph-7-a"><num>(a)</num><content>the highways comprised in Works <abbr title="Numbers">Nos.</abbr> 32A and 35A, and</content></level><level class="para1" eId="schedule-12-paragraph-7-b"><num>(b)</num><content>the highway comprised in Work <abbr title="Number">No.</abbr> 32B from the intersection of that work with Work <abbr title="Number">No.</abbr> 32C to its termination,</content></level><wrapUp>shall become trunk roads as if they had become so by virtue of an order under section 10(2) of the Highways Act 1980 specifying that date as the date on which they were to become trunk roads.</wrapUp></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-12-paragraph-8-1"><num>(1)</num><content>On the date certified by the Secretary of State as the date on which any highway constructed in pursuance of this Schedule, other than one to which paragraph 6 or 7 above applies, is open for public use, that highway shall be transferred to the Kent County Council and, following that transfer, shall be treated for the purposes of the Highways Act 1980 as if it had been so transferred by means of an order made under section 14(1)(b) or, as the case may be, 18(1)(d) of that Act.</content></subparagraph><subparagraph eId="schedule-12-paragraph-8-2"><num>(2)</num><content>The Secretary of State may classify any highway proposed to be constructed in pursuance of this Schedule, other than one to which paragraph 6 or 7 above applies, in any manner in which, and for any purposes for which, he could classify that highway under section 12(3) of that Act.</content></subparagraph><subparagraph eId="schedule-12-paragraph-8-3"><num>(3)</num><content>On the date of its transfer under sub-paragraph (1) above to the Kent County Council any highway classified under sub-paragraph (2) above shall become a highway classified in the manner and for the purposes in question as if so classified under section 12(3) of that Act.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-paragraph-9" class="schProv1"><num>9</num><intro>The construction by the Secretary of State of a highway in pursuance of this Part of this Act shall be treated as the construction of a highway authorised by, and in pursuance of—</intro><level class="para1" eId="schedule-12-paragraph-9-a"><num>(a)</num><content>a scheme under section 16 of the Highways Act 1980, in the case of the highways to which paragraph 6 above applies,</content></level><level class="para1" eId="schedule-12-paragraph-9-b"><num>(b)</num><content>section 24(1) of that Act, in the case of the highways to which paragraph 7 above applies, and</content></level><level class="para1" eId="schedule-12-paragraph-9-c"><num>(c)</num><content>an order under section 14 of that Act made in relation to the highways to which paragraph 7 above applies, in any other case.</content></level></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-12-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-12-paragraph-10-1"><num>(1)</num><intro>The following operations and works, namely—</intro><level class="para1" eId="schedule-12-paragraph-10-1-a"><num>(a)</num><content>the carrying out of any of the A2 and M2 improvement works which is not the construction of a highway,</content></level><level class="para1" eId="schedule-12-paragraph-10-1-b"><num>(b)</num><content>the stopping up of any highway in pursuance of Part II of this Schedule, and</content></level><level class="para1" eId="schedule-12-paragraph-10-1-c"><num>(c)</num><content>the stopping up of means of access to premises and the provision of new means of access in pursuance of Part II of this Schedule,</content></level><wrapUp>shall be treated as authorised by an order made by the Secretary of State under section 18 of the Highways Act 1980 in relation to the roads which become special roads by virtue of paragraph 6 above, and, in the case of operations and works falling within paragraph (c) above, as so authorised by virtue of section 125 of that Act.</wrapUp></subparagraph><subparagraph eId="schedule-12-paragraph-10-2"><num>(2)</num><intro>Subject to section 21 of that Act as it applies by virtue of sub-paragraph (1) above, the stopping up of any highway in pursuance of Part II of this Schedule shall not affect any rights—</intro><level class="para1" eId="schedule-12-paragraph-10-2-a"><num>(a)</num><content>of statutory undertakers in respect of any apparatus of theirs which immediately before the date on which this Act is passed is under, in, on, over, along or across that highway; or</content></level><level class="para1" eId="schedule-12-paragraph-10-2-b"><num>(b)</num><content>of any sewerage undertakers in respect of any sewers or sewage disposal works of theirs which immediately before that date are under, in, on, over, along or across that highway.</content></level></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-12-part-III-crossheading-treatment-of-provisions-of-this-schedule-for-highways-act-purposes"><heading> Treatment of provisions of this Schedule for Highways Act purposes</heading><paragraph eId="schedule-12-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-12-paragraph-11-1"><num>(1)</num><content>Where, by virtue of any of the provisions of this Part of this Schedule, any operation or work is to be treated as authorised by an order under section 14 or 18 of the Highways Act 1980, any provision of Parts I and <abbr class="acronym" title="2">II</abbr> of this Schedule relating to that operation or work shall be treated for the purposes of that Act as a provision of such an order.</content></subparagraph><subparagraph eId="schedule-12-paragraph-11-2"><num>(2)</num><content>The provisions of paragraph 6 above relating to highways which are to be treated by virtue of that paragraph as provided under a scheme made under section 16 of the <noteRef href="#c1899612" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Highways Act 1980 shall be treated for the purposes of that Act as provisions of such a scheme.</content></subparagraph></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-12-part-III-crossheading-regulation-of-traffic-on-new-roads"><heading> Regulation of traffic on new roads</heading><paragraph eId="schedule-12-paragraph-12" class="schProv1"><num>12</num><subparagraph eId="schedule-12-paragraph-12-1"><num>(1)</num><content>Subject to sub-paragraph (2) below, any power under the <noteRef href="#c1899613" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Road Traffic Regulation Act 1984 to make an order or to give a direction with respect to any road shall be exercisable in relation to any road forming or forming part of any of the A2 and M2 improvement works before that road is open for public use, in any case where it appears to the Secretary of State to be expedient that the order or (as the case may be) the direction should have effect immediately on the road’s becoming open for public use.</content></subparagraph><subparagraph eId="schedule-12-paragraph-12-2"><num>(2)</num><content>The procedure otherwise applicable under that Act in relation to the making of any such order or the giving of any such direction shall apply in any such case with such modifications as the Secretary of State may determine; and he shall publish notice of those modifications in such manner as appears to him to be appropriate for bringing them to the notice of persons likely to be affected by the provisions of any such order or (as the case may be) by any such direction.</content></subparagraph></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:default="http://www.w3.org/1999/xhtml" name="schedule" eId="schedule-13"><num>SCHEDULE 13<authorialNote class="referenceNote">Section 45.</authorialNote></num><heading> A2 and M2 Improvement Works: Purposes for which Certain Land may be Acquired or Used</heading><content><tblock class="table" ukl:Orientation="portrait"><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th><default:th>(3)</default:th></default:tr><default:tr><default:th>Area</default:th><default:th>Number of land shown on deposited plans</default:th><default:th>Purpose for which land may be acquired or used</default:th></default:tr><default:tr><default:th colspan="3">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Cobham</default:td><default:td>34</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>40</default:td><default:td>The provision of a balancing pond, landscaping and planting and pumping station.</default:td></default:tr><default:tr><default:td/><default:td>42 (part)</default:td><default:td>The provision of a balancing pond, landscaping and planting and permanent access for maintenance purposes.</default:td></default:tr><default:tr><default:td/><default:td>42 (part)</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td>City of Rochester Upon Medway, Parish of Cuxton</default:td><default:td>11 to 18, 21, 22, 27 and 29</default:td><default:td>The provision of a working site, landscaping, planting and access for construction purposes.</default:td></default:tr><default:tr><default:td>City of Rochester Upon Medway, Town of Rochester</default:td><default:td>14</default:td><default:td>The provision of a working site, landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>65</default:td><default:td>The provision of a working site, landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>94 to 98</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td>Borough of Tonbridge and Malling, Parish of Aylesford</default:td><default:td>4</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>10 to 13</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>23 to 28</default:td><default:td>The provision of landscaping and permanent access to adjacent houses fronting Maidstone Road.</default:td></default:tr><default:tr><default:td/><default:td>198 (part), 216, 217, 218, 243, 247, 248 and 249</default:td><default:td>The provision of a new footbridge, landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>220 to 225</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>198 (part)</default:td><default:td>The provision of a working site, access for maintenance purposes, landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>256</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Boxley</default:td><default:td>2</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>22</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>26, 29 and 30</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>32</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>34</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Bredhurst</default:td><default:td>12 and 15</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>16</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td>Borough of Gillingham, Town of Gillingham</default:td><default:td>1, 6, 7, 8 and 9</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>5</default:td><default:td>The provision of a working site.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-14-crossheading-scope-of-schedule"><heading> Scope of Schedule</heading><paragraph eId="schedule-14-paragraph-1" class="schProv1"><num>1</num><content>This Schedule applies to any electric line to which section 37(1) of the <noteRef href="#c1252307" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Electricity Act 1989 would apply, but for section 50(1) above.</content></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-14-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-14-paragraph-3-1"><num>(1)</num><intro>An application for consent under this Schedule shall be in writing and shall state—</intro><level class="para1" eId="schedule-14-paragraph-3-1-a"><num>(a)</num><content>the length of the electric line to which it relates,</content></level><level class="para1" eId="schedule-14-paragraph-3-1-b"><num>(b)</num><content>the nominal voltage of that line, and</content></level><level class="para1" eId="schedule-14-paragraph-3-1-c"><num>(c)</num><content>whether the application to any extent relates to exercise of the power conferred by paragraph 3(1) of Schedule 2 to this Act.</content></level></subparagraph><subparagraph eId="schedule-14-paragraph-3-2"><num>(2)</num><intro>An application for consent under this Schedule shall be accompanied by a map showing—</intro><level class="para1" eId="schedule-14-paragraph-3-2-a"><num>(a)</num><content>the land across which the electric line to which it relates is to be installed or kept installed, including details of the route of that line,</content></level><level class="para1" eId="schedule-14-paragraph-3-2-b"><num>(b)</num><content>the limits of deviation for the scheduled works and the limits of land to be acquired or used, so far as relevant to the application, and</content></level><level class="para1" eId="schedule-14-paragraph-3-2-c"><num>(c)</num><content>if the application to any extent relates to exercise of the power conferred by paragraph 3(1) of Schedule 2 to this Act, the extent to which it so relates.</content></level></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-14-paragraph-4" class="schProv1"><num>4</num><content>An application for consent under this Schedule shall be supplemented, if the appropriate Ministers so direct in writing, by such additional information as may be specified in the direction.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-14-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-14-paragraph-5-1"><num>(1)</num><content>A person applying for consent under this Schedule shall publish notice of the application in two successive weeks in one or more local newspapers circulating in the area in which the land to which the application relates is situated (or in areas which together include that area).</content></subparagraph><subparagraph eId="schedule-14-paragraph-5-2"><num>(2)</num><intro>A notice under sub-paragraph (1) above shall—</intro><level class="para1" eId="schedule-14-paragraph-5-2-a"><num>(a)</num><content>describe the route of the electric line to which the application relates,</content></level><level class="para1" eId="schedule-14-paragraph-5-2-b"><num>(b)</num><content>specify a place in the locality where a copy of the application may be inspected,</content></level><level class="para1" eId="schedule-14-paragraph-5-2-c"><num>(c)</num><content>state a time (not being less than 14 days from the date of publication) within which, and the manner in which, objections to the application may be made to the appropriate Ministers, and</content></level><level class="para1" eId="schedule-14-paragraph-5-2-d"><num>(d)</num><content>if it relates to an application by the nominated undertaker, explain the effect of paragraph 8(2)(b) below.</content></level></subparagraph><subparagraph eId="schedule-14-paragraph-5-3"><num>(3)</num><content>Sub-paragraph (1) above shall not apply to an application for consent under this Schedule which relates only to exercise of the power conferred by paragraph 3(1) of Schedule 2 to this Act.</content></subparagraph><subparagraph eId="schedule-14-paragraph-5-4"><num>(4)</num><content>If an application for consent under this Schedule relates partly to exercise of the power conferred by paragraph 3(1) of Schedule 2 to this Act, so much of the application as relates to exercise of that power shall be disregarded for the purposes of sub-paragraphs (1) and (2) above.</content></subparagraph><subparagraph eId="schedule-14-paragraph-5-5"><num>(5)</num><intro>If an application for consent under this Schedule is one in relation to which the applicant is subject to a duty under sub-paragraph (1) above, the appropriate Ministers shall not make any decision about the application until they are satisfied—</intro><level class="para1" eId="schedule-14-paragraph-5-5-a"><num>(a)</num><content>that the applicant has performed his duty under that provision, and</content></level><level class="para1" eId="schedule-14-paragraph-5-5-b"><num>(b)</num><content>that the time allowed by the notice under that provision for making objections to the application has expired.</content></level></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-14-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-14-paragraph-6-1"><num>(1)</num><intro>Within 14 days of receiving an application for consent under this Schedule, the appropriate Ministers shall invite the relevant planning authority to make representations and shall not make any decision about the application until—</intro><level class="para1" eId="schedule-14-paragraph-6-1-a"><num>(a)</num><content>they have received representations from the authority about it,</content></level><level class="para1" eId="schedule-14-paragraph-6-1-b"><num>(b)</num><content>they have been informed by the authority that it does not wish to make any representations about it, or</content></level><level class="para1" eId="schedule-14-paragraph-6-1-c"><num>(c)</num><content>28 days have elapsed since the date of the invitation.</content></level></subparagraph><subparagraph eId="schedule-14-paragraph-6-2"><num>(2)</num><content>An invitation under sub-paragraph (1) above shall specify the time limit for making representations.</content></subparagraph><subparagraph eId="schedule-14-paragraph-6-3"><num>(3)</num><intro>For the purposes of this paragraph, the relevant planning authority is—</intro><level class="para1" eId="schedule-14-paragraph-6-3-a"><num>(a)</num><content>in the case of a line in Greater London, the local planning authority, and</content></level><level class="para1" eId="schedule-14-paragraph-6-3-b"><num>(b)</num><content>in the case of a line in Essex or Kent, the district planning authority.</content></level></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="schedule-14-crossheading-variation-and-revocation-of-consent"><heading> Variation and revocation of consent</heading><paragraph eId="schedule-14-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-14-paragraph-10-1"><num>(1)</num><content>A consent under this Schedule may be varied or revoked by the Secretary of State at any time after the end of such period as may be specified in the consent.</content></subparagraph><subparagraph eId="schedule-14-paragraph-10-2"><num>(2)</num><content>The period which may be specified under sub-paragraph (1) above shall not be less than 10 years from the date of installation of the electric line to which the consent relates.</content></subparagraph></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-14-crossheading-anticipatory-applications"><heading> Anticipatory applications</heading><paragraph eId="schedule-14-paragraph-12" class="schProv1"><num>12</num><subparagraph eId="schedule-14-paragraph-12-1"><num>(1)</num><intro>This paragraph applies where—</intro><level class="para1" eId="schedule-14-paragraph-12-1-a"><num>(a)</num><content>an application to the appropriate Ministers has been made in anticipation of the coming into force of this Schedule,</content></level><level class="para1" eId="schedule-14-paragraph-12-1-b"><num>(b)</num><content>the application was made on or after 31st October 1996, and</content></level><level class="para1" eId="schedule-14-paragraph-12-1-c"><num>(c)</num><intro>the person by, or on whose behalf, the application was made—</intro><level class="para2" eId="schedule-14-paragraph-12-1-c-i"><num>(i)</num><content>is specified under section 34(1) above for purposes consisting of or including the construction of any works,</content></level><level class="para2" eId="schedule-14-paragraph-12-1-c-ii"><num>(ii)</num><content>is a member of the same group as a person who is so specified, or</content></level><level class="para2" eId="schedule-14-paragraph-12-1-c-iii"><num>(iii)</num><content>is the holder of a licence under section 6 of the <noteRef href="#c1252311" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Electricity Act 1989.</content></level></level></subparagraph><subparagraph eId="schedule-14-paragraph-12-2"><num>(2)</num><intro>In that case—</intro><level class="para1" eId="schedule-14-paragraph-12-2-a"><num>(a)</num><content>the application,</content></level><level class="para1" eId="schedule-14-paragraph-12-2-b"><num>(b)</num><content>any notice of the application published by the applicant,</content></level><level class="para1" eId="schedule-14-paragraph-12-2-c"><num>(c)</num><content>any objections to the application made in response to any such notice,</content></level><level class="para1" eId="schedule-14-paragraph-12-2-d"><num>(d)</num><content>any invitation by the appropriate Ministers to make representations about the application, and</content></level><level class="para1" eId="schedule-14-paragraph-12-2-e"><num>(e)</num><content>any representations about the application, or statement about the wish to make representations about it, made in response to any such invitation,</content></level><wrapUp>shall have effect as if this Schedule had been in force at all material times.</wrapUp></subparagraph><subparagraph eId="schedule-14-paragraph-12-3"><num>(3)</num><content>In sub-paragraph (1)(c)(ii) above, “<term refersTo="#term-group" eId="term-group">group</term>” means a body corporate and all other bodies corporate which are its subsidiaries within the meaning of the <noteRef href="#c1252312" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Companies Act 1985.</content></subparagraph></paragraph></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-14-paragraph-12" class="schProv1"><num>12</num><subparagraph eId="schedule-14-paragraph-12-1"><num>(1)</num><intro>This paragraph applies where—</intro><level class="para1" eId="schedule-14-paragraph-12-1-a"><num>(a)</num><content>an application to the appropriate Ministers has been made in anticipation of the coming into force of this Schedule,</content></level><level class="para1" eId="schedule-14-paragraph-12-1-b"><num>(b)</num><content>the application was made on or after 31st October 1996, and</content></level><level class="para1" eId="schedule-14-paragraph-12-1-c"><num>(c)</num><intro>the person by, or on whose behalf, the application was made—</intro><level class="para2" eId="schedule-14-paragraph-12-1-c-i"><num>(i)</num><content>is specified under section 34(1) above for purposes consisting of or including the construction of any works,</content></level><level class="para2" eId="schedule-14-paragraph-12-1-c-ii"><num>(ii)</num><content>is a member of the same group as a person who is so specified, or</content></level><level class="para2" eId="schedule-14-paragraph-12-1-c-iii"><num>(iii)</num><content>is the holder of a licence under section 6 of the <noteRef href="#c1252311" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Electricity Act 1989.</content></level></level></subparagraph><subparagraph eId="schedule-14-paragraph-12-2"><num>(2)</num><intro>In that case—</intro><level class="para1" eId="schedule-14-paragraph-12-2-a"><num>(a)</num><content>the application,</content></level><level class="para1" eId="schedule-14-paragraph-12-2-b"><num>(b)</num><content>any notice of the application published by the applicant,</content></level><level class="para1" eId="schedule-14-paragraph-12-2-c"><num>(c)</num><content>any objections to the application made in response to any such notice,</content></level><level class="para1" eId="schedule-14-paragraph-12-2-d"><num>(d)</num><content>any invitation by the appropriate Ministers to make representations about the application, and</content></level><level class="para1" eId="schedule-14-paragraph-12-2-e"><num>(e)</num><content>any representations about the application, or statement about the wish to make representations about it, made in response to any such invitation,</content></level><wrapUp>shall have effect as if this Schedule had been in force at all material times.</wrapUp></subparagraph><subparagraph eId="schedule-14-paragraph-12-3"><num>(3)</num><content>In sub-paragraph (1)(c)(ii) above, “<term refersTo="#term-group" eId="term-group">group</term>” means a body corporate and all other bodies corporate which are its subsidiaries within the meaning of the <noteRef href="#c1252312" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Companies Act 1985.</content></subparagraph></paragraph>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="schedule-14-crossheading-interpretation"><heading> Interpretation</heading><paragraph eId="schedule-14-paragraph-13" class="schProv1"><num>13</num><content>In this Schedule, references to the appropriate Ministers are to <ins class="substitution first last" ukl:ChangeId="key-9b8abd893f11b15ad0e62e71469361b1-1686916335454" ukl:CommentaryRef="key-9b8abd893f11b15ad0e62e71469361b1"><noteRef uk:name="commentary" href="#key-9b8abd893f11b15ad0e62e71469361b1" class="commentary"/>the Secretary of State for Energy Security and Net Zero</ins> and <ins class="first last" ukl:ChangeId="d29p21268" ukl:CommentaryRef="c1252315"><noteRef uk:name="commentary" href="#c1252315" class="commentary"/>the Secretary of State for Transport</ins> acting jointly.</content></paragraph></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="schedule" eId="schedule-15"><num>SCHEDULE 15<authorialNote class="referenceNote">Section 52.</authorialNote></num><heading> Protective Provisions</heading><part eId="schedule-15-part-I"><num>Part I</num><heading> Protection for Highways and Traffic</heading><paragraph eId="schedule-15-part-I-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-I-paragraph-1-1"><num>(1)</num><content>The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and the highway authority concerned, have effect for the protection of the highway authorities referred to in this Part.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-1-2"><num>(2)</num><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-highway" eId="term-highway">highway</term>” means a highway for which the local highway authority is the highway authority;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-plans" eId="term-plans">plans</term>” includes sections and specifications; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-property-of-the-highway-authority" eId="term-property-of-the-highway-authority">property of the highway authority</term>” means any apparatus of the highway authority affixed to or placed under any highway.</content></hcontainer></subparagraph><subparagraph eId="schedule-15-paragraph-1-3"><num>(3)</num><content>Part III of the <noteRef href="#c1252317" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991 shall not apply in relation to any matter which is regulated by this Part of this Schedule.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-I-paragraph-2" class="schProv1"><num>2</num><content>Wherever in this Part of this Schedule provision is made with respect to the approval or consent of the highway authority, that approval or consent shall be in writing and subject to such reasonable terms and conditions as the highway authority may require, but shall not be unreasonably withheld.</content></paragraph><paragraph eId="schedule-15-part-I-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-15-part-I-paragraph-3-1"><num>(1)</num><content>The nominated undertaker shall not exercise the powers conferred by paragraph 6(1) of Schedule 3 to this Act without the consent of the highway authority.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-3-2"><num>(2)</num><content><mod>In its application to this paragraph, paragraph 2 above shall have effect with the addition after “require” of <quotedText>“ in the interest of public safety or convenience ”</quotedText>.</mod></content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-3-3"><num>(3)</num><content>If within 28 days after a request for consent has been submitted the highway authority has not given or refused such consent, it shall be deemed to have consented to the request as submitted.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-3-4"><num>(4)</num><content>Where consent under this paragraph is given subject to a term or condition the performance of which is, or becomes, inconsistent with the performance by the nominated undertaker of any of the conditions to which the deemed planning permission is subject, the term or condition to which the consent under this paragraph is subject shall not have effect or, as the case may be, shall cease to have effect.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-3-5"><num>(5)</num><content>In sub-paragraph (4) above, the reference to the deemed planning permission is to the planning permission deemed by section 9 above to be granted.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-I-paragraph-4" class="schProv1"><num>4</num><intro>Before carrying out any work for the construction or maintenance of any part of the works authorised by Part I of this Act which will involve interference with a highway, or the traffic in any highway, or before temporarily stopping up any highway, the nominated undertaker shall consult the highway authority—</intro><level class="para1" eId="schedule-15-paragraph-4-a"><num>(a)</num><content>as to the time when the work shall be commenced, and as to the extent of the surface of the highway which it may be reasonably necessary for the nominated undertaker to occupy, or the nature of the interference which may be caused to traffic in the carrying out of the work, or as to the time during which, and the extent to which, the highway shall be stopped up (as the case may be), and</content></level><level class="para1" eId="schedule-15-paragraph-4-b"><num>(b)</num><content>as to the conditions under which the work shall be carried out or the highway shall be stopped up (as the case may be),</content></level><wrapUp>so as to reduce so far as reasonably practicable inconvenience to the public and to ensure the safety of the public.</wrapUp></paragraph><paragraph eId="schedule-15-part-I-paragraph-5" class="schProv1"><num>5</num><content>The nominated undertaker shall not, without the consent of the highway authority, construct any part of the works authorised by Part I of this Act under and within 8 metres of the surface of any highway which comprises a carriageway except in accordance with plans submitted to, and approved by, the highway authority and if within 28 days after such plans have been submitted the highway authority has not approved or disapproved them, it shall be deemed to have approved the plans as submitted.</content></paragraph><paragraph eId="schedule-15-part-I-paragraph-6" class="schProv1"><num>6</num><content>In the construction of any part of the said works under a highway no part thereof shall, except with the consent of the highway authority, be so constructed as to interfere with the provision of proper means of drainage of the surface of the highway or be nearer than two metres to the surface of the highway.</content></paragraph><paragraph eId="schedule-15-part-I-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-15-part-I-paragraph-7-1"><num>(1)</num><content>The provisions of this paragraph have effect in relation to, and to the construction of, any new bridge, or any extension or alteration of an existing bridge, carrying any part of the works authorised by Part I of this Act over a highway or carrying a highway over any part of those works; and any such new bridge, or (as the case may be) any bridge so extended or altered, is in this paragraph referred to as “<term refersTo="#term-the-bridge" eId="term-the-bridge">the bridge</term>”.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-7-2"><num>(2)</num><content>Before commencing the construction of, or the carrying out of any work in connection with, the bridge which involves interference with a highway, the nominated undertaker shall submit to the highway authority for its approval plans, drawings and particulars (in this paragraph referred to as “<term refersTo="#term-plans" eId="term-plans">plans</term>”) relating thereto, and the bridge shall not be constructed and the works shall not be carried out except in accordance with the plans submitted to, and approved by, the highway authority.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-7-3"><num>(3)</num><content>If within 28 days after the plans have been submitted the highway authority has not approved or disapproved them, it shall be deemed to have approved the plans as submitted.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-7-4"><num>(4)</num><intro>If the bridge carries any part of the works authorised by Part I of this Act over any highway—</intro><level class="para1" eId="schedule-15-paragraph-7-4-a"><num>(a)</num><content>it shall be constructed in such manner as to prevent so far as may be reasonably practicable the dripping of water from the bridge, and</content></level><level class="para1" eId="schedule-15-paragraph-7-4-b"><num>(b)</num><content>the highway authority may, at the cost of the nominated undertaker, provide and place such lamps and apparatus as may from time to time be reasonably necessary for efficiently lighting any highway under or in the vicinity of the bridge.</content></level></subparagraph></paragraph><paragraph eId="schedule-15-part-I-paragraph-8" class="schProv1"><num>8</num><content>The nominated undertaker shall secure that so much of the works authorised by Part I of this Act as is constructed under any highway shall be so designed, constructed and maintained as to carry the appropriate loading recommended for highway bridges by the Secretary of State at the time of construction of the works, and the nominated undertaker shall indemnify the highway authority against, and make good to the highway authority, the expenses which the highway authority may reasonably incur in the maintenance or repair of any highway, or any tunnels, sewers, drains or apparatus therein, by reason of non-compliance with the provisions of this paragraph.</content></paragraph><paragraph eId="schedule-15-part-I-paragraph-9" class="schProv1"><num>9</num><intro>Any officer of the highway authority duly appointed for the purpose may at all reasonable times, on giving to the nominated undertaker such notice as may in the circumstances be reasonable, enter upon and inspect any part of the works authorised by Part I of this Act which—</intro><level class="para1" eId="schedule-15-paragraph-9-a"><num>(a)</num><content>is in, over or under any highway, or</content></level><level class="para1" eId="schedule-15-paragraph-9-b"><num>(b)</num><content>which may affect any highway or any property of the highway authority,</content></level><wrapUp>during the carrying out of the work, and the nominated undertaker shall give to such officer all reasonable facilities for such inspection and, if he shall be of opinion that the construction of the work is attended with danger to any highway or to any property of the highway authority on or under any highway, the nominated undertaker shall adopt such measures and precautions as may be reasonably practicable for the purpose of preventing any damage or injury to the highway.</wrapUp></paragraph><paragraph eId="schedule-15-part-I-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-15-part-I-paragraph-10-1"><num>(1)</num><content>The nominated undertaker shall not alter, disturb or in any way interfere with any property of the highway authority on or under any highway, or the access thereto, without the consent of the highway authority, and any alteration, diversion, replacement or reconstruction of any such property which may be necessary shall be made by the highway authority or the nominated undertaker as the highway authority thinks fit, and the expense reasonably incurred by the highway authority in so doing shall be repaid to the highway authority by the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-10-2"><num>(2)</num><content>If within 28 days after a request for consent has been submitted the highway authority has not given or refused such consent, it shall be deemed to have consented to the request as submitted.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-I-paragraph-11" class="schProv1"><num>11</num><content>The nominated undertaker shall not remove any soil or material from any highway except so much as must be excavated in the carrying out of the works authorised by Part I of this Act.</content></paragraph><paragraph eId="schedule-15-part-I-paragraph-12" class="schProv1"><num>12</num><subparagraph eId="schedule-15-part-I-paragraph-12-1"><num>(1)</num><content>If the highway authority, after giving to the nominated undertaker not less than 28 days’ notice (or, in case of emergency, such notice as is reasonably practicable) of its intention to do so, incurs any additional expense in the signposting of traffic diversions or the taking of other measures in relation thereto, or in the repair of any highway by reason of the diversion thereto of traffic from a road of a higher standard, in consequence of the construction of the works authorised by Part I of this Act, the nominated undertaker shall repay to the highway authority the amount of any such expense reasonably so incurred.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-12-2"><num>(2)</num><content>An amount which apart from this sub-paragraph would be payable to the highway authority by virtue of this paragraph in respect of the repair of any highway shall, if the highway fell or would have fallen due for repair as part of the maintenance programme of the highway authority at any time within ten years of the repair being carried out by the nominated undertaker, so as to confer on the highway authority financial benefit (whether by securing the completion of overdue maintenance work for which the highway authority is liable or by deferment of the time for such work in the ordinary course), be reduced by the amount which represents that benefit.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-I-paragraph-13" class="schProv1"><num>13</num><subparagraph eId="schedule-15-paragraph-13-1"><num>(1)</num><content>The nominated undertaker shall not, except with the consent of the highway authority, deposit any soil or materials, or stand any plant, on or over any highway so as to obstruct or render less safe the use of the highway by any person, or, except with the like consent, deposit any soil or materials on any highway outside a hoarding, but if within 28 days after request therefor any such consent is neither given nor refused it shall be deemed to have been given.</content></subparagraph><subparagraph eId="schedule-15-paragraph-13-2"><num>(2)</num><content>The expense reasonably incurred by the highway authority in removing any soil or materials deposited on any highway in contravention of this paragraph shall be repaid to the highway authority by the nominated undertaker.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-I-paragraph-14" class="schProv1"><num>14</num><content>The nominated undertaker shall, if reasonably so required by the highway authority, provide and maintain to the reasonable satisfaction of the highway authority, during such time as the nominated undertaker may occupy any part of a highway for the purpose of the construction of any part of the works authorised by Part I of this Act, temporary bridges and temporary ramps for vehicular or pedestrian traffic over any part of the works or in such other position as may be necessary to prevent undue interference with the flow of traffic in the highway.</content></paragraph><paragraph eId="schedule-15-part-I-paragraph-15" class="schProv1"><num>15</num><subparagraph eId="schedule-15-part-I-paragraph-15-1"><num>(1)</num><content>Where any part of any highway has been broken up or disturbed by the nominated undertaker and not permanently stopped up or diverted the nominated undertaker shall make good the subsoil, foundations and surface of that part of the highway to the reasonable satisfaction of the highway authority, and shall maintain the same to the reasonable satisfaction of the highway authority for such time as may reasonably be required for the permanent reinstatement of the highway.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-15-2"><num>(2)</num><content>The reinstatement of that part of the highway shall be carried out by the nominated undertaker to the reasonable satisfaction of the highway authority in accordance with such requirements as to specification of material and standards of workmanship as may be prescribed for equivalent reinstatement work by regulations made under section 71 of the <noteRef href="#c1252318" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-I-paragraph-16" class="schProv1"><num>16</num><content>If any damage to any highway or any property of the highway authority on or under any highway is caused by, or results from, the construction of any work authorised by Part I of this Act or any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon such work, the nominated undertaker may, in the case of damage to a highway, make good such damage to the reasonable satisfaction of the highway authority and, where the nominated undertaker does not make good, or in the case of damage to property of the highway authority, the nominated undertaker shall make compensation to the highway authority.</content></paragraph><paragraph eId="schedule-15-part-I-paragraph-17" class="schProv1"><num>17</num><content>The fact that any act or thing may have been done in accordance with plans approved by the highway authority shall not (if it was not attributable to the act, neglect or default of the highway authority or of any person in its employ or its contractors or agents) exonerate the nominated undertaker from any liability, or affect any claim for damages, under this Part of this Schedule or otherwise.</content></paragraph><paragraph eId="schedule-15-part-I-paragraph-18" class="schProv1"><num>18</num><content>Any dispute arising between the nominated undertaker and the highway authority under this Part of this Schedule shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.</content></paragraph></part><part eId="schedule-15-part-II"><num> Part II</num><heading> Protection for Electricity, Gas, Water and Sewerage Undertakers</heading><paragraph eId="schedule-15-part-II-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-II-paragraph-1-1"><num>(1)</num><content>The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and the undertakers concerned, have effect.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-1-2"><num>(2)</num><hcontainer name="wrapper2"><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-alternative-apparatus" eId="term-alternative-apparatus">alternative apparatus</term>” means alternative apparatus adequate to enable the undertakers to fulfil their functions as effectively as is achievable using the apparatus which the alternative apparatus is to replace;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-apparatus" eId="term-apparatus">apparatus</term>” means—</content></hcontainer><level class="para1" eId="schedule-15-paragraph-1-2-a"><num>(a)</num><content>in the case of electricity undertakers, electric lines or electrical plant (as defined in the <noteRef href="#c1252320" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Electricity Act 1989) belonging to, or maintained by, such undertakers;</content></level><level class="para1" eId="schedule-15-paragraph-1-2-b"><num>(b)</num><content>in the case of gas undertakers, mains, pipes or other apparatus belonging to, or maintained by, a public gas transporter for the purposes of gas supply;</content></level><level class="para1" eId="schedule-15-paragraph-1-2-c"><num>(c)</num><content>in the case of water undertakers, mains, pipes or other apparatus belonging to, or maintained by, such undertakers for the purposes of water supply; and</content></level><level class="para1" eId="schedule-15-paragraph-1-2-d"><num>(d)</num><content>in the case of sewerage undertakers, any sewer, drain or works vested in a sewerage undertaker under the <noteRef href="#c1252321" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Industry Act 1991 and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works;</content></level></hcontainer><hcontainer name="wrapper2"><intro>(not being, except in paragraph 17 below, apparatus in respect of which the relations between the nominated undertaker and the undertakers are regulated by the provisions of Part III of the New Roads and Street Works Act 1991) and includes any structure for the lodging therein of apparatus or for giving access to apparatus;</intro><hcontainer name="definition"><content>“<term refersTo="#term-construction" eId="term-construction">construction</term>” includes execution, placing, altering, replacing, relaying and removal and, in its application to works which include or comprise any operation, means the carrying out of that operation;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-functions" eId="term-functions">functions</term>” includes powers and duties;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-in" eId="term-in">in</term>” in a context referring to apparatus in land includes under, over, across, along or upon land;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-plans" eId="term-plans">plans</term>” includes sections and method statements;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-service-obligations" eId="term-service-obligations">service obligations</term>” means any service obligation imposed on the undertakers by or under the enactments authorising them to carry on their respective undertakings; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-undertakers" eId="term-undertakers">undertakers</term>” means any of the following, namely, a licence holder within the meaning of Part I of the Electricity Act 1989, a public gas supplier within the meaning of Part I of the <noteRef href="#c1252322" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Gas Act 1986, a water undertaker within the meaning of the <noteRef href="#c1252323" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Industry Act 1991, a sewerage undertaker within Part I of that Act and any local authority which is a relevant authority for the purposes of section 97 of that Act; and, in relation to any apparatus, means the undertakers to whom it belongs or by whom it is maintained.</content></hcontainer></hcontainer></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-15-part-II-paragraph-2-1"><num>(1)</num><content>The following provisions of this paragraph have effect in any case where the Secretary of State or the nominated undertaker, in exercise of the powers of Part I of this Act, acquires any interest in or temporarily occupies any land in which apparatus is placed.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-2-2"><num>(2)</num><intro>Unless a certificate is issued by <ins class="first last" ukl:ChangeId="d29p21733" ukl:CommentaryRef="c1252331"><noteRef uk:name="commentary" href="#c1252331" class="commentary"/>the appropriate Minister</ins> under sub-paragraph (3) below the apparatus shall not be removed under this Part of this Schedule, and any right of the undertakers to maintain, repair, renew, adjust, alter or inspect the apparatus in that land shall not be extinguished—</intro><level class="para1" eId="schedule-15-part-II-paragraph-2-2-a"><num>(a)</num><content>in the case of a right to adjust or alter apparatus, until 28 days after the nominated undertaker has given the undertakers in whom the right is vested a preliminary notice under paragraph 4 below in respect of land to which the right relates, or, if earlier, the date on which the nominated undertaker commences any work on that land, and</content></level><level class="para1" eId="schedule-15-part-II-paragraph-2-2-b"><num>(b)</num><content>in any other case, until any necessary alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the undertakers.</content></level></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-2-3"><num>(3)</num><intro>Where <ins class="first last" ukl:ChangeId="d29p21755" ukl:CommentaryRef="c1252332"><noteRef uk:name="commentary" href="#c1252332" class="commentary"/>the appropriate Minister certifies</ins> in relation to any apparatus that—</intro><level class="para1" eId="schedule-15-part-II-paragraph-2-3-a"><num>(a)</num><content>failure to remove the apparatus would cause undue delay to the construction of the scheduled works, and</content></level><level class="para1" eId="schedule-15-part-II-paragraph-2-3-b"><num>(b)</num><content>the removal of the apparatus before the provision of alternative apparatus in accordance with this paragraph would not substantially prejudice the ability of the undertakers to meet any relevant service obligations,</content></level><wrapUp>that apparatus may be removed (or required by the nominated undertaker to be removed) under this Part of this Schedule before any necessary alternative apparatus has been constructed or is in operation to the reasonable satisfaction of the undertakers.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-2-4"><num><ins class="first" ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333"><noteRef uk:name="commentary" href="#c1252333" class="commentary"/>(4)</ins></num><intro><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333">In this paragraph, “appropriate Minister” means—</ins></intro><level class="para1" eId="schedule-15-part-II-paragraph-2-4-a"><num><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333">(a)</ins></num><content><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333">in cases relating to apparatus belonging to, or maintained by, electricity or gas undertakers, </ins><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333"><ins class="first last" ukl:ChangeId="d29p21786" ukl:CommentaryRef="c1252334"><noteRef uk:name="commentary" href="#c1252334" class="commentary"/>the Secretary of State for Transport</ins></ins><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333"> and </ins><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333"><ins class="substitution first last" ukl:ChangeId="key-464e187aae61b79fd494becc41276bc6-1686916484710" ukl:CommentaryRef="key-464e187aae61b79fd494becc41276bc6"><noteRef uk:name="commentary" href="#key-464e187aae61b79fd494becc41276bc6" class="commentary"/>the Secretary of State for Energy Security and Net Zero</ins></ins><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333"> acting jointly, and</ins></content></level><level class="para1" eId="schedule-15-part-II-paragraph-2-4-b"><num><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333">(b)</ins></num><content><ins class="last" ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333">in any other case, the Secretary of State.</ins></content></level></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-15-part-II-paragraph-3-1"><num>(1)</num><content>Before exercising any right to adjust or alter apparatus pursuant to paragraph 2(2) above the undertakers concerned shall give the nominated undertaker not less than 28 days’ written notice of the proposed alteration or adjustment, together with plans and specifications.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-3-2"><num>(2)</num><content>Any altered or adjusted apparatus shall be constructed in such line or situation, at such depth and in accordance with such specification as the nominated undertaker may reasonably require for the purpose of securing that (so far as reasonably practicable at the time the requirement is imposed) the apparatus as altered or adjusted will accommodate any work authorised by Part I of this Act.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-3-3"><num>(3)</num><intro>Such apparatus shall be constructed in such manner, and in accordance with such programme, as is agreed between the undertakers and the nominated undertaker with a view to securing, among other things—</intro><level class="para1" eId="schedule-15-part-II-paragraph-3-3-a"><num>(a)</num><content>the efficient implementation of the necessary work,</content></level><level class="para1" eId="schedule-15-part-II-paragraph-3-3-b"><num>(b)</num><content>the avoidance of delay or any other adverse effect on the programme for any works to be carried out by the nominated undertaker under Part I of this Act, and</content></level><level class="para1" eId="schedule-15-paragraph-3-3-c"><num>(c)</num><content>the continued fulfilment by the undertakers of their service obligations to a standard no less than that achieved prior to the making of the alteration or adjustment.</content></level></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-3-4"><num>(4)</num><content>If under sub-paragraph (2) above the nominated undertaker requires the altered or adjusted apparatus to be constructed in land other than that in which the undertakers have a right to construct it, paragraph 6(2) and (3) below shall apply to the provision of the requisite facilities and rights as if the apparatus were alternative apparatus.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-3-5"><num>(5)</num><content>If any requirement made by the nominated undertaker under sub-paragraph (2) above involves cost in the construction of works under this paragraph exceeding that which would have been involved had the apparatus been altered or adjusted as proposed by the undertakers, and in the absence of the undertakers’ proposals the nominated undertaker would have required the removal of the apparatus, the nominated undertaker shall repay to the undertakers the amount of the excess.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-4" class="schProv1"><num>4</num><content>The nominated undertaker shall give the undertakers not less than 28 days’ written preliminary notice of the nominated undertaker’s intention to give notice under paragraph 6(1)(a) below in respect of apparatus in any land.</content></paragraph><paragraph eId="schedule-15-part-II-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-15-part-II-paragraph-5-1"><num>(1)</num><content>If the undertakers desire to alter or adjust any apparatus which has not been the subject of a notice under paragraph 6(1)(a) below after the extinguishment of their right to do so, they shall (except in the case of works of repair or renewal required in an emergency) submit to the nominated undertaker plans and specifications of the proposed work and such further particulars as the nominated undertaker may reasonably require.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-5-2"><num>(2)</num><content>Any work in respect of which the undertakers are subject to an obligation under sub-paragraph (1) above shall not be constructed except in accordance with such plans as may be approved in writing by the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-5-3"><num>(3)</num><intro>Any approval of the nominated undertaker required under this paragraph—</intro><level class="para1" eId="schedule-15-paragraph-5-3-a"><num>(a)</num><content>shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the plans for approval, and</content></level><level class="para1" eId="schedule-15-paragraph-5-3-b"><num>(b)</num><content>may be given subject to such requirements as the nominated undertaker may make for the purpose of securing that the work does not interfere with the construction or operation of any work authorised by Part I of this Act or for the protection of any such work.</content></level></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-5-4"><num>(4)</num><content>The requirements which the nominated undertaker may make under sub-paragraph (3) above include requirements as to the construction of protective works and the person by whom the works are to be constructed.</content></subparagraph><subparagraph eId="schedule-15-paragraph-5-5"><num>(5)</num><content>Any work constructed under this paragraph shall be constructed with all reasonable despatch under the superintendence (if given) and to the reasonable satisfaction of the nominated undertaker.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-15-part-II-paragraph-6-1"><num>(1)</num><intro>This paragraph applies where—</intro><level class="para1" eId="schedule-15-part-II-paragraph-6-1-a"><num>(a)</num><content>the nominated undertaker for the purpose of constructing any work authorised by Part I of this Act in, on or under any land, requires the removal of any apparatus placed in that land, and gives the undertakers not less than 28 days’ written notice of that requirement, together with a plan of the proposed work, and of the proposed position of the alternative apparatus to be provided or constructed, or</content></level><level class="para1" eId="schedule-15-part-II-paragraph-6-1-b"><num>(b)</num><content>in consequence of the exercise of any of the powers of Part I of this Act, the undertakers reasonably require to remove any apparatus.</content></level></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-6-2"><num>(2)</num><content>Subject to sub-paragraph (3) below, the nominated undertaker or the Secretary of State shall afford the undertakers the requisite facilities and rights for the construction of any necessary alternative apparatus in other land which is available for the purpose and which is held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, or in which either of them has sufficient rights or interests and thereafter for the maintenance, repair, renewal and inspection of such apparatus.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-6-3"><num>(3)</num><content>Sub-paragraph (4) below applies where facilities and rights required for the construction of apparatus under sub-paragraph (2) above are to be afforded elsewhere than in such other land and neither the nominated undertaker nor the Secretary of State is able to afford such facilities and rights.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-6-4"><num>(4)</num><content>The undertakers shall, on receipt of a written notice from the nominated undertaker that this sub-paragraph applies, forthwith use their best endeavours to obtain the necessary facilities and rights; and neither the nominated undertaker nor the Secretary of State shall be under an obligation as to the provision of such facilities and rights in the other land.</content></subparagraph><subparagraph eId="schedule-15-paragraph-6-5"><num>(5)</num><content>The obligation imposed by sub-paragraph (4) above shall not extend to the exercise by the undertakers of any power to acquire by way of compulsory purchase order any land or rights in land, other than any power which may be exercisable by them under paragraph 10 of Schedule 4 to this Act.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-15-part-II-paragraph-7-1"><num>(1)</num><content>Any alternative apparatus to be constructed by the undertakers in pursuance of paragraph 6 above in land held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, or in which the undertakers have obtained the necessary facilities and rights, shall be constructed in such manner, and in such line or situation and in accordance with such programme, as is agreed between the undertakers and the nominated undertaker with a view to securing, among other things, the efficient implementation of the necessary work, the avoidance of unnecessary delay and the continued fulfilment by the undertakers of their service obligations to a standard no less than that achieved prior to the removal of the apparatus which the alternative apparatus replaces, or, in default of agreement, determined by arbitration under paragraph 18 below.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-7-2"><num>(2)</num><content>If the undertakers fail to comply with an agreement made under sub-paragraph (1) above, or with the decision of an arbitrator under paragraph 18 below, they shall be liable to compensate the nominated undertaker in respect of any loss or damage (other than loss of, or arising from delayed receipt of, operating revenue due to delayed opening of the rail link) directly resulting from the failure.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-8" class="schProv1"><num>8</num><content>The undertakers shall, after the manner of construction and the line and situation of any necessary alternative apparatus have been agreed or determined as aforesaid, and after the grant to or obtaining by the undertakers of any such facilities and rights as are referred to in paragraph 6 above, proceed with all reasonable despatch to construct and bring into operation the alternative apparatus and to remove any apparatus required by the nominated undertaker to be removed under the provisions of this Part of this Schedule and, in default, the nominated undertaker may remove that apparatus.</content></paragraph><paragraph eId="schedule-15-part-II-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-15-part-II-paragraph-9-1"><num>(1)</num><content>If the nominated undertaker gives notice in writing to the undertakers that it desires to carry out any part of so much of the work necessary in connection with the construction of the alternative apparatus, or the removal of the apparatus required to be removed, as is or will be situate in any lands held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, such work, instead of being carried out by the undertakers, shall be carried out by the nominated undertaker in accordance with plans and specifications and in a position agreed between the undertakers and the nominated undertaker, or, in default of agreement, determined by arbitration under paragraph 18 below, with all reasonable despatch under the superintendence (if given) and to the reasonable satisfaction of the undertakers.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-9-2"><num>(2)</num><content>Nothing in this paragraph shall authorise the nominated undertaker to carry out any connection to or disconnection of any existing apparatus.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-15-part-II-paragraph-10-1"><num>(1)</num><content>Where, in accordance with the provisions of this Part of this Schedule, the nominated undertaker or the Secretary of State affords to the undertakers facilities and rights for the construction, maintenance, repair, renewal and inspection on land held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State of alternative apparatus, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the nominated undertaker or, as the case may be, the Secretary of State, and the undertakers or, in default of agreement, determined by arbitration under paragraph 18 below.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-10-2"><num>(2)</num><intro>In determining such terms and conditions as aforesaid in respect of alternative apparatus to be constructed across or along any works authorised by Part I of this Act the arbitrator shall—</intro><level class="para1" eId="schedule-15-paragraph-10-2-a"><num>(a)</num><content>give effect to all reasonable requirements of the nominated undertaker for ensuring the safety and efficient operation of those works and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the nominated undertaker or the use of the same, and</content></level><level class="para1" eId="schedule-15-paragraph-10-2-b"><num>(b)</num><content>so far as it may be reasonable and practicable to do so in the circumstances of the case, give effect to the terms and conditions (if any) applicable to the apparatus for which the alternative apparatus is to be substituted and have regard to the undertakers’ ability to fulfil their service obligations.</content></level></subparagraph><subparagraph eId="schedule-15-paragraph-10-3"><num>(3)</num><content>If the facilities and rights to be afforded by the nominated undertaker or the Secretary of State in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted are, in the opinion of the arbitrator, more or less favourable on the whole to the undertakers than the facilities, rights, terms and conditions applying to the apparatus to be removed, the arbitrator shall make such provision for the payment of compensation to or by the nominated undertaker or the Secretary of State to or by the undertakers in respect thereof as appears to him to be reasonable having regard to all the circumstances of the case.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-15-part-II-paragraph-11-1"><num>(1)</num><content>Not less than 28 days before commencing to construct any work authorised by Part I of this Act which is near to, or will or may affect, any apparatus the removal of which has not been required by the nominated undertaker under paragraph 6 above, the nominated undertaker shall submit to the undertakers a plan and description of the work and of any protective measures which the nominated undertaker proposes to take in respect of that apparatus, together with a specification of such measures where appropriate.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-11-2"><num>(2)</num><content>The work shall be constructed only in accordance with the plan and description submitted as aforesaid and in accordance with such reasonable requirements as may be made by the undertakers for the alteration or otherwise for the protection of the apparatus or for securing access thereto, and the undertakers shall be entitled by their officer to watch and inspect the construction of the work.</content></subparagraph><subparagraph eId="schedule-15-paragraph-11-3"><num>(3)</num><content>If the undertakers within 14 days after the submission to them of any such plan and description shall, in consequence of the works proposed by the nominated undertaker, reasonably require the removal of any apparatus and give written notice to the nominated undertaker of that requirement, this Part of this Schedule shall have effect as if the removal of such apparatus had been required by the nominated undertaker under paragraph 6 above.</content></subparagraph><subparagraph eId="schedule-15-paragraph-11-4"><num>(4)</num><content>Nothing in sub-paragraphs (1) to (3) above shall preclude the nominated undertaker from submitting at any time, or from time to time, but in no case less than 28 days before commencing the construction of the work, a new plan and description thereof in lieu of the plan and description previously submitted, and thereupon the provisions of those sub-paragraphs shall apply to and in respect of the new plan and description.</content></subparagraph><subparagraph eId="schedule-15-paragraph-11-5"><num>(5)</num><content>The nominated undertaker shall not be required to comply with sub-paragraphs (1) to (3) above in a case of emergency but in such a case it shall give notice to the undertakers as soon as reasonably practicable and a plan and description of those works as soon as reasonably practicable thereafter, and shall comply with those sub-paragraphs so far as reasonably practicable in the circumstances.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-12" class="schProv1"><num>12</num><content>If in consequence of the exercise of the powers of Part I of this Act the access to any apparatus is materially obstructed the nominated undertaker shall, so far as reasonably practicable, provide alternative means of access to such apparatus which is no less convenient than the access enjoyed by the undertakers prior to the obstruction.</content></paragraph><paragraph eId="schedule-15-part-II-paragraph-13" class="schProv1"><num>13</num><content>Where, in consequence of Part I of this Act, any part of any highway in which any apparatus is situate ceases to be part of a highway, the undertakers may exercise the same rights of access to such apparatus as they enjoyed immediately before the passing of Part I of this Act, but nothing in this paragraph shall affect any right of the nominated undertaker or of the undertakers to require removal of that apparatus under this Part of this Schedule or the power of the nominated undertaker to construct works in accordance with paragraph 11 above.</content></paragraph><paragraph eId="schedule-15-part-II-paragraph-14" class="schProv1"><num>14</num><subparagraph eId="schedule-15-paragraph-14-1"><num>(1)</num><intro>Subject to the following provisions of this paragraph, the nominated undertaker shall repay to the undertakers the reasonable expenses incurred by the undertakers in, or in connection with—</intro><level class="para1" eId="schedule-15-paragraph-14-1-a"><num>(a)</num><content>the removal and relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus under any provision of this Part of this Schedule,</content></level><level class="para1" eId="schedule-15-paragraph-14-1-b"><num>(b)</num><content>the cutting off of any apparatus from any other apparatus in consequence of the exercise by the nominated undertaker of any power under Part I of this Act, and</content></level><level class="para1" eId="schedule-15-paragraph-14-1-c"><num>(c)</num><content>any other work or thing rendered reasonably necessary in consequence of the exercise by the nominated undertaker of any such power.</content></level></subparagraph><subparagraph eId="schedule-15-paragraph-14-2"><num>(2)</num><content>There shall be deducted from any sum payable under sub-paragraph (1) above the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal.</content></subparagraph><subparagraph eId="schedule-15-paragraph-14-3"><num>(3)</num><intro>If in pursuance of the provisions of this Part of this Schedule—</intro><level class="para1" eId="schedule-15-paragraph-14-3-a"><num>(a)</num><content>alternative apparatus of better type, or greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions, except where this has been solely due to using the nearest currently available type, or</content></level><level class="para1" eId="schedule-15-paragraph-14-3-b"><num>(b)</num><content>apparatus (whether existing apparatus or alternative apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,</content></level><wrapUp>and the placing of apparatus of that type or capacity or of those dimensions, or the placing of apparatus at that depth, as the case may be, is not agreed by the nominated undertaker or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the construction of works under paragraph 6 above exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the undertakers by virtue of sub-paragraph (1) above shall be reduced by the amount of that excess.</wrapUp></subparagraph><subparagraph eId="schedule-15-paragraph-14-4"><num>(4)</num><intro>For the purposes of sub-paragraph (3) above—</intro><level class="para1" eId="schedule-15-paragraph-14-4-a"><num>(a)</num><content>an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended serves a purpose (either additional to or instead of that served by the existing apparatus) which was not served by the existing apparatus, and</content></level><level class="para1" eId="schedule-15-paragraph-14-4-b"><num>(b)</num><content>where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.</content></level></subparagraph><subparagraph eId="schedule-15-paragraph-14-5"><num>(5)</num><content>An amount which apart from this sub-paragraph would be payable to the undertakers in respect of works by virtue of this paragraph shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7½ years earlier so as to confer on the undertakers any financial benefit by deferment of the time for renewal of the apparatus or of the system of which it forms part in the ordinary course, be reduced by the amount which represents that benefit.</content></subparagraph><subparagraph eId="schedule-15-paragraph-14-6"><num>(6)</num><content>In any case where work is carried out by the nominated undertaker pursuant to paragraph 9 above and, if such work had been carried out by the undertakers, the repayment made to the undertakers under this paragraph would fall to be reduced pursuant to sub-paragraphs (3) to (5) above, the undertakers shall pay to the nominated undertaker such sum as represents the amount of that reduction.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-15" class="schProv1"><num>15</num><subparagraph eId="schedule-15-part-II-paragraph-15-1"><num>(1)</num><intro>Subject to sub-paragraphs (2) and (3) below, if by reason or in consequence of the construction of any of the works authorised by Part I of this Act, or any subsidence resulting from any of those works, any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of the undertakers, or there is any interruption in any service provided, or in the supply of any goods, by any of the undertakers, the nominated undertaker shall bear and pay the cost reasonably incurred by the undertakers in making good such damage or restoring the supply and shall—</intro><level class="para1" eId="schedule-15-paragraph-15-1-a"><num>(a)</num><content>make reasonable compensation to the undertakers for loss sustained by them, and</content></level><level class="para1" eId="schedule-15-paragraph-15-1-b"><num>(b)</num><content>indemnify the undertakers against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, the undertakers,</content></level><wrapUp>by reason or in consequence of any such damage or interruption.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-15-2"><num>(2)</num><content>Nothing in sub-paragraph (1) above shall impose any liability on the nominated undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of the undertakers, their officers, servants, contractors or agents.</content></subparagraph><subparagraph eId="schedule-15-paragraph-15-3"><num>(3)</num><content>The undertakers shall give the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the consent of the nominated undertaker which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-16" class="schProv1"><num>16</num><content>The nominated undertaker shall, so far as is reasonably practicable, so exercise its powers under paragraphs 6 and 7 of Schedule 2 to this Act as not to obstruct or render less convenient the access to any apparatus.</content></paragraph><paragraph eId="schedule-15-part-II-paragraph-17" class="schProv1"><num>17</num><content>Notwithstanding the temporary stopping up or diversion of any highway under paragraph 6 of Schedule 3 to this Act, the undertakers may do all such works and things in any such highway as may be reasonably necessary to enable them to inspect, repair, maintain, renew, remove or use any apparatus which at the time of the stopping up or diversion was in that highway.</content></paragraph><paragraph eId="schedule-15-part-II-paragraph-18" class="schProv1"><num>18</num><subparagraph eId="schedule-15-paragraph-18-1"><num>(1)</num><content>Any dispute arising between the nominated undertaker and the undertakers under this Part of this Schedule (other than a dispute under paragraph 5(1) to (4) above) shall be determined by an arbitrator who shall be appointed by agreement between the parties or, in default of such agreement, shall be the Secretary of State.</content></subparagraph><subparagraph eId="schedule-15-paragraph-18-2"><num>(2)</num><content>In determining any such dispute the arbitrator may, if he thinks fit, require the nominated undertaker to construct any temporary or other works so as to avoid, so far as reasonably possible, interference with the use of any apparatus.</content></subparagraph></paragraph></part><part eId="schedule-15-part-III"><num>Part III</num><heading> Protection of Land Drainage, Flood Defence, Water Resources and Fisheries</heading><paragraph eId="schedule-15-part-III-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-III-paragraph-1-1"><num>(1)</num><content>The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and the Agency, have effect.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-1-2"><num>(2)</num><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-the-agency" eId="term-the-agency">the Agency</term>” means the Environment Agency;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-construction" eId="term-construction">construction</term>” includes execution, placing, altering, replacing, relaying and removal;</content></hcontainer><hcontainer name="definition"><intro>“<term refersTo="#term-drainage-work" eId="term-drainage-work">drainage work</term>” means any watercourse and includes any land which is expected to provide flood storage capacity for any watercourse at intervals not less frequent than—</intro><level class="para1"><num>(a)</num><content>in the case of land in a rural area, once in 50 years, and</content></level><level class="para1"><num>(b)</num><content>in the case of land in an urban area, once in 100 years,</content></level><wrapUp>or, if more frequent, the appropriate return period for the watercourse for which capacity is provided, and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;</wrapUp></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-fishery" eId="term-fishery">fishery</term>” means any waters containing fish and fish in, or migrating to or from such waters and the spawn, spawning grounds or food of such fish;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-plans" eId="term-plans">plans</term>” includes sections, drawings, specifications and method statements;</content></hcontainer><hcontainer name="definition"><intro>“<term refersTo="#term-specified-work" eId="term-specified-work">specified work</term>” means so much of any permanent or temporary work authorised by Part I of this Act (which includes, for the avoidance of doubt, any dredging and any geotechnical investigations that may be undertaken) as is likely to—</intro><level class="para1"><num>(a)</num><content>affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;</content></level><level class="para1"><num>(b)</num><content>affect the flow, purity or quality of water in any watercourse or other surface waters or ground water;</content></level><level class="para1"><num>(c)</num><content>cause obstruction to the free passage of fish or damage to any fishery; or</content></level><level class="para1"><num>(d)</num><content>affect the conservation, distribution or use of water resources; and</content></level></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-watercourse" eId="term-watercourse">watercourse</term>” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer.</content></hcontainer></subparagraph></paragraph><paragraph eId="schedule-15-part-III-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-15-part-III-paragraph-2-1"><num>(1)</num><content>Before beginning to construct any specified work, the nominated undertaker shall submit to the Agency plans of the work and such further particulars available to it as the Agency may within 14 days of the submission of the plans reasonably require.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-2-2"><num>(2)</num><content>Any such specified work shall not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 12 below.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-2-3"><num>(3)</num><intro>Any approval of the Agency required under this paragraph—</intro><level class="para1" eId="schedule-15-part-III-paragraph-2-3-a"><num>(a)</num><content>shall not be unreasonably withheld;</content></level><level class="para1" eId="schedule-15-part-III-paragraph-2-3-b"><num>(b)</num><content>shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the plans for approval; and</content></level><level class="para1" eId="schedule-15-paragraph-2-3-c"><num>(c)</num><content>may be given subject to such reasonable requirements as the Agency may make for the protection of any drainage work or fishery or for the protection of water resources, or for the prevention of flooding or pollution.</content></level></subparagraph></paragraph><paragraph eId="schedule-15-part-III-paragraph-3" class="schProv1"><num>3</num><intro>The requirements which the Agency may make under paragraph 2 above include conditions requiring the nominated undertaker at its own expense to construct such protective works (including any new works as well as alterations to existing works) as are reasonably necessary—</intro><level class="para1" eId="schedule-15-paragraph-3-a"><num>(a)</num><content>to safeguard any drainage work against damage, or</content></level><level class="para1" eId="schedule-15-paragraph-3-b"><num>(b)</num><content>to secure that its efficiency for flood defence purposes is not impaired,</content></level><wrapUp>during the construction of the specified work.</wrapUp></paragraph><paragraph eId="schedule-15-part-III-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-15-part-III-paragraph-4-1"><num>(1)</num><content>Any specified work, and all protective works required by the Agency under paragraph 2 above, shall be constructed to the reasonable satisfaction of the Agency and the Agency shall be entitled by its officer to watch and inspect the construction of such works.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-4-2"><num>(2)</num><content>The nominated undertaker shall give to the Agency not less than 14 days’ notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is brought into use.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-4-3"><num>(3)</num><content>If any part of the works comprising a structure in, over or under a watercourse is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the Agency may by notice in writing require the nominated undertaker at the nominated undertaker’s own expense to comply with the requirements of this Part of this Schedule or (if the nominated undertaker so elects and the Agency in writing consents, such consent not to be unreasonably withheld) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-4-4"><num>(4)</num><content>Subject to sub-paragraph (5) below, if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (3) above is served upon the nominated undertaker, it has failed to begin taking steps to comply with the requirements of the notice and thereafter to make reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any expenditure incurred by it in so doing shall be recoverable from the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-4-5"><num>(5)</num><content>In the event of any dispute as to whether sub-paragraph (3) above is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency shall not except in an emergency exercise the powers conferred by sub-paragraph (4) above until the dispute has been finally determined.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-III-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-15-part-III-paragraph-5-1"><num>(1)</num><content>Any work constructed under Part I of this Act for the purpose of providing a flood defence shall be maintained to the reasonable satisfaction of the Agency by the person who has control of the work.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-5-2"><num>(2)</num><content>If any such work is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require that person to repair and restore the work, or any part thereof, or (if the person having control of the work so elects and the Agency in writing consents, such consent not to be unreasonably withheld), to remove the work and restore the site (including any sea defences) to its former condition, to such extent and within such limits as the Agency reasonably requires.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-5-3"><num>(3)</num><content>If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any work is served under sub-paragraph (2) above on the person who has control of that work, that person has failed to begin taking steps to comply with the reasonable requirements of the notice and has not thereafter made reasonably expeditious progress towards their implementation, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from that person.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-5-4"><num>(4)</num><content>In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2) above, the Agency shall not except in a case of immediate foreseeable need exercise the powers of sub-paragraph (3) above until the dispute has been finally determined.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-III-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-15-part-III-paragraph-6-1"><num>(1)</num><content>If by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes is impaired, or that work is otherwise damaged, so as to require remedial action, such impairment or damage shall be made good by the nominated undertaker to the reasonable satisfaction of the Agency.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-6-2"><num>(2)</num><content>If such impaired or damaged drainage work for flood defence purposes is not made good to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the nominated undertaker to restore it to its former standard of efficiency or where necessary to construct some other work in substitution therefor.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-6-3"><num>(3)</num><content>If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of impaired or damaged drainage work for flood defence purposes is served under sub-paragraph (2) above on the nominated undertaker, the nominated undertaker has failed to begin taking steps to comply with the requirements of the notice and has not thereafter made reasonably expeditious progress towards its implementation, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-6-4"><num>(4)</num><content>In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2) above, the Agency shall not except in a case of immediate foreseeable need exercise the powers conferred by sub-paragraph (3) above until the dispute has been finally determined.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-III-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-15-part-III-paragraph-7-1"><num>(1)</num><content>The nominated undertaker shall take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in any fishery during the construction of any specified work.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-7-2"><num>(2)</num><intro>If by reason of—</intro><level class="para1" eId="schedule-15-paragraph-7-2-a"><num>(a)</num><content>the construction of any specified work, or</content></level><level class="para1" eId="schedule-15-paragraph-7-2-b"><num>(b)</num><content>the failure of any such work,</content></level><wrapUp>damage to a fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency may serve notice on the nominated undertaker requiring it to take such steps as may be reasonably practicable to make good the damage or, as the case may be, to protect the fishery against such damage.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-7-3"><num>(3)</num><content>If, within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Agency of any damage or expected damage to a fishery, the nominated undertaker fails to take such steps as are described in sub-paragraph (2) above, the Agency may take those steps and may recover from the nominated undertaker the expense reasonably incurred by it in doing so.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-7-4"><num>(4)</num><content>In any case where immediate action by the Agency is reasonably required in order to secure that the risk of damage to a fishery is avoided or reduced, the Agency may take such steps as are reasonable for the purpose, and may recover from the nominated undertaker the reasonable cost of so doing provided that notice specifying those steps is served on the nominated undertaker as soon as reasonably practicable after the Agency has taken, or commenced to take, the steps specified in the notice.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-III-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-15-part-III-paragraph-8-1"><num>(1)</num><intro>The nominated undertaker shall indemnify the Agency from all claims, demands, proceedings or damages, which may be made or taken against, or recovered from the Agency by reason of—</intro><level class="para1" eId="schedule-15-paragraph-8-1-a"><num>(a)</num><content>any damage to any drainage work so as to impair its efficiency for flood defence purposes,</content></level><level class="para1" eId="schedule-15-paragraph-8-1-b"><num>(b)</num><content>any damage to a fishery,</content></level><level class="para1" eId="schedule-15-paragraph-8-1-c"><num>(c)</num><content>any raising or lowering of the water table in land adjoining the works authorised by this Act or any sewers, drains and watercourses, or</content></level><level class="para1" eId="schedule-15-paragraph-8-1-d"><num>(d)</num><content>any flooding or increased flooding of any such lands,</content></level><wrapUp>which is caused by, or results from, the construction of any specified work or any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon the work.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-8-2"><num>(2)</num><content>The Agency shall give to the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the consent of the nominated undertaker which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-III-paragraph-9" class="schProv1"><num>9</num><content>Nothing in paragraph 8 above shall require the nominated undertaker to indemnify the Agency in respect of any claim, demand, proceedings or damages which the Agency could reasonably make, take against or recover from any other person.</content></paragraph><paragraph eId="schedule-15-part-III-paragraph-10" class="schProv1"><num>10</num><content>The fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by the Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not relieve the nominated undertaker from any liability under the provisions of this Part of this Schedule.</content></paragraph><paragraph eId="schedule-15-part-III-paragraph-11" class="schProv1"><num>11</num><content>For the purposes of section 5 of the <noteRef href="#c1252336" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879 and Chapter <abbr class="acronym" title="2">II</abbr> of Part II of the <noteRef href="#c1252337" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Resources Act 1991 (abstraction and impounding of water) and section 109 of that Act (as to structures in, over or under watercourses) as applying to the construction of any specified work, any consent or approval given or deemed to be given by the Agency under this Part of this Schedule with respect to such construction shall be deemed also to constitute an impounding licence under that Chapter or, as the case may be, a consent or approval under those sections, and the nominated undertaker shall not be obliged to serve any notice which would otherwise be required by section 30 of the said Act of 1991 (which relates to the construction of boreholes and similar works in respect of which a licence is not required).</content></paragraph><paragraph eId="schedule-15-part-III-paragraph-12" class="schProv1"><num>12</num><subparagraph eId="schedule-15-part-III-paragraph-12-1"><num>(1)</num><content>Any dispute arising between the nominated undertaker and the Agency under this Part of this Schedule shall, if the parties agree, be determined by arbitration, but shall otherwise be determined by <ins class="first last" ukl:ChangeId="d29p22612" ukl:CommentaryRef="c1252338"><noteRef uk:name="commentary" href="#c1252338" class="commentary"/>the appropriate Minister</ins>.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-12-2"><num><ins class="first" ukl:ChangeId="d29p22616" ukl:CommentaryRef="c1252339"><noteRef uk:name="commentary" href="#c1252339" class="commentary"/>(2)</ins></num><intro><ins ukl:ChangeId="d29p22616" ukl:CommentaryRef="c1252339">In sub-paragraph (1) above, the reference to the appropriate Minister—</ins></intro><level class="para1" eId="schedule-15-paragraph-12-2-a"><num><ins ukl:ChangeId="d29p22616" ukl:CommentaryRef="c1252339">(a)</ins></num><content><ins ukl:ChangeId="d29p22616" ukl:CommentaryRef="c1252339">in the case of a dispute concerning fisheries, flood defence or land drainage is to the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly, and</ins></content></level><level class="para1" eId="schedule-15-paragraph-12-2-b"><num><ins ukl:ChangeId="d29p22616" ukl:CommentaryRef="c1252339">(b)</ins></num><content><ins class="last" ukl:ChangeId="d29p22616" ukl:CommentaryRef="c1252339">in the case of any other dispute, is to the Secretary of State.</ins></content></level></subparagraph></paragraph></part><part eId="schedule-15-part-IV"><num>Part IV</num><heading><ins class="substitution first last" ukl:ChangeId="key-96fa65e34bb2a48d748affeabd1308a7-1519923335185" ukl:CommentaryRef="key-96fa65e34bb2a48d748affeabd1308a7"><noteRef uk:name="commentary" href="#key-96fa65e34bb2a48d748affeabd1308a7" class="commentary"/> Protection of electronic communications code operators</ins></heading><paragraph eId="schedule-15-part-IV-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-IV-paragraph-1-1"><num>(1)</num><content>The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and <ins class="substitution first last" ukl:ChangeId="M_F_d2f44bcf-7608-4242-d482-cd350b4bd8df-1478975108344" ukl:CommentaryRef="M_F_d2f44bcf-7608-4242-d482-cd350b4bd8df"><noteRef uk:name="commentary" href="#M_F_d2f44bcf-7608-4242-d482-cd350b4bd8df" class="commentary"/>an operator of an electronic communications code network</ins>, have effect.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-1-2"><num>(2)</num><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-the-authorised-works" eId="term-the-authorised-works">the authorised works</term>” means the works authorised by Part I of this Act;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-construction" eId="term-construction">construction</term>” includes installation and “<term refersTo="#term-construct" eId="term-construct">construct</term>” shall be construed accordingly;</content></hcontainer><hcontainer name="definition"><content><noteRef href="#M_F_f182129d-37fc-4eff-c252-691cf1443e76" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer><hcontainer name="definition"><content><noteRef href="#M_F_f182129d-37fc-4eff-c252-691cf1443e76" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer><hcontainer name="definition"><content><noteRef href="#M_F_f182129d-37fc-4eff-c252-691cf1443e76" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer></subparagraph></paragraph><paragraph eId="schedule-15-part-IV-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-15-part-IV-paragraph-2-1"><num>(1)</num><content><ins class="substitution first last" ukl:ChangeId="M_F_07a9b177-4356-40c7-d1b6-a57f687357ef-1519924876431" ukl:CommentaryRef="M_F_07a9b177-4356-40c7-d1b6-a57f687357ef"><noteRef uk:name="commentary" href="#M_F_07a9b177-4356-40c7-d1b6-a57f687357ef" class="commentary"/>Part 6 of Schedule 3A to the Communications Act 2003 (the electronic communications code)</ins> shall not apply for the purposes of the authorised works to the extent that such works are regulated by Part XI of the <noteRef href="#c1252342" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990, sections 84 and 85 of the <noteRef href="#c1252343" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991 (or regulations made under section 85 of that Act) or sub-paragraphs (3) to (8) of paragraph 4 below.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-2-2"><num>(2)</num><intro><ins class="substitution first last" ukl:ChangeId="M_F_cdf97bbe-8597-43d2-bb79-2786086ecd9c-1519924722378" ukl:CommentaryRef="M_F_cdf97bbe-8597-43d2-bb79-2786086ecd9c"><noteRef uk:name="commentary" href="#M_F_cdf97bbe-8597-43d2-bb79-2786086ecd9c" class="commentary"/>Part 10</ins> of the <ins class="substitution first last" ukl:ChangeId="key-332a823529b1e59e65dacf7ba83fab68-1478971855594" ukl:CommentaryRef="key-332a823529b1e59e65dacf7ba83fab68"><noteRef uk:name="commentary" href="#key-332a823529b1e59e65dacf7ba83fab68" class="commentary"/>electronic communications code</ins> shall apply for the purposes of the authorised works, save—</intro><level class="para1" eId="schedule-15-part-IV-paragraph-2-2-a"><num>(a)</num><content>insofar as such works are regulated by the <noteRef href="#c1252344" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991 or any regulation made under that Act; or</content></level><level class="para1" eId="schedule-15-part-IV-paragraph-2-2-b"><num>(b)</num><content>where the nominated undertaker exercises a right under subsection (4)(b) of section 272 of the <noteRef href="#c1252345" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990 or under an order made under that section to remove telecom- munications apparatus.</content></level></subparagraph></paragraph><paragraph eId="schedule-15-part-IV-paragraph-3" class="schProv1"><num>3</num><content>The temporary stopping up or diversion of any highway under paragraph 6 of Schedule 3 to this Act shall not affect any right of <ins class="substitution first last" ukl:ChangeId="key-c02de330873d8e17f19e8ec9fafdff6f-1478972221743" ukl:CommentaryRef="key-c02de330873d8e17f19e8ec9fafdff6f"><noteRef uk:name="commentary" href="#key-c02de330873d8e17f19e8ec9fafdff6f" class="commentary"/>an operator</ins> under <ins class="substitution first last" ukl:ChangeId="M_F_be77e7eb-6195-4cc8-a1d6-a35126dfd14b-1519924489020" ukl:CommentaryRef="M_F_be77e7eb-6195-4cc8-a1d6-a35126dfd14b"><noteRef uk:name="commentary" href="#M_F_be77e7eb-6195-4cc8-a1d6-a35126dfd14b" class="commentary"/>Part 8</ins> of the <ins class="substitution first last" ukl:ChangeId="key-332a823529b1e59e65dacf7ba83fab68-1478971877164" ukl:CommentaryRef="key-332a823529b1e59e65dacf7ba83fab68"><noteRef uk:name="commentary" href="#key-332a823529b1e59e65dacf7ba83fab68" class="commentary"/>electronic communications code</ins> in respect of any apparatus which at the time of the stopping up or diversion is in the highway.</content></paragraph><paragraph eId="schedule-15-part-IV-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-15-part-IV-paragraph-4-1"><num>(1)</num><content>Where a highway is stopped up under paragraph 1 or 2 of Schedule 3 to this Act, <ins class="substitution first last" ukl:ChangeId="key-050b25e060b68b37a599ed285680797a-1478972401733" ukl:CommentaryRef="key-050b25e060b68b37a599ed285680797a"><noteRef uk:name="commentary" href="#key-050b25e060b68b37a599ed285680797a" class="commentary"/>any operator of an electronic communications code network</ins> whose <ins class="substitution first last" ukl:ChangeId="key-ca3a514c6d17ab3cd16de18598408964-1478972084042" ukl:CommentaryRef="key-ca3a514c6d17ab3cd16de18598408964"><noteRef uk:name="commentary" href="#key-ca3a514c6d17ab3cd16de18598408964" class="commentary"/>electronic communications apparatus</ins> is under, over, in, on, along or across that highway may exercise the same rights of access in order to inspect, maintain, adjust, repair or alter that apparatus as if this Act had not been passed, but nothing in this sub-paragraph shall affect any right of the nominated undertaker or <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478972889412" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> to require removal of that apparatus under this Part of this Schedule or the power of the nominated undertaker to alter apparatus in accordance with <ins class="substitution first last" ukl:ChangeId="M_F_61eb0b2c-ef42-4e7a-a89a-d618680b5bd5-1519924221363" ukl:CommentaryRef="M_F_61eb0b2c-ef42-4e7a-a89a-d618680b5bd5"><noteRef uk:name="commentary" href="#M_F_61eb0b2c-ef42-4e7a-a89a-d618680b5bd5" class="commentary"/>Part 10</ins> of the <ins class="substitution first last" ukl:ChangeId="key-332a823529b1e59e65dacf7ba83fab68-1478971897064" ukl:CommentaryRef="key-332a823529b1e59e65dacf7ba83fab68"><noteRef uk:name="commentary" href="#key-332a823529b1e59e65dacf7ba83fab68" class="commentary"/>electronic communications code</ins>.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-4-2"><num>(2)</num><content>The nominated undertaker shall give not less than 28 days’ notice in writing of its intention to stop up any highway under paragraph 1 or 2 of Schedule 3 to this Act to <ins class="substitution first last" ukl:ChangeId="key-050b25e060b68b37a599ed285680797a-1478972663073" ukl:CommentaryRef="key-050b25e060b68b37a599ed285680797a"><noteRef uk:name="commentary" href="#key-050b25e060b68b37a599ed285680797a" class="commentary"/>any operator of an electronic communications code network</ins> whose apparatus is under, over, in, on, along or across the highway.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-4-3"><num>(3)</num><intro>Where a notice under sub-paragraph (2) above has been given, <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478972912022" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins>, if it reasonably considers that it is necessary for the safe and efficient operation and maintenance of the apparatus, may, and if reasonably requested so to do by the nominated undertaker in the notice, shall, as soon as reasonably practicable after the service of the notice—</intro><level class="para1" eId="schedule-15-paragraph-4-3-a"><num>(a)</num><content>remove the apparatus and place it or other apparatus provided in substitution for it in such other position as <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478973212482" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> may reasonably determine and have power to place it, or</content></level><level class="para1" eId="schedule-15-paragraph-4-3-b"><num>(b)</num><content>provide other apparatus in substitution for the existing apparatus and place it in such other position as aforesaid.</content></level></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-4-4"><num>(4)</num><intro>Subject to the following provisions of this paragraph the nominated undertaker shall pay to <ins class="substitution first last" ukl:ChangeId="key-050b25e060b68b37a599ed285680797a-1478972685743" ukl:CommentaryRef="key-050b25e060b68b37a599ed285680797a"><noteRef uk:name="commentary" href="#key-050b25e060b68b37a599ed285680797a" class="commentary"/>any operator of an electronic communications code network</ins> an amount equal to the cost reasonably incurred by <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478973301213" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> in or in connection with—</intro><level class="para1" eId="schedule-15-paragraph-4-4-a"><num>(a)</num><content>the execution of relocation works required in consequence of the stopping up of the highway, and</content></level><level class="para1" eId="schedule-15-paragraph-4-4-b"><num>(b)</num><content>the doing of any other work or thing rendered necessary by the execution of relocation works.</content></level></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-4-5"><num>(5)</num><intro>If in the course of the execution of relocation works under sub-paragraph (3) above—</intro><level class="para1" eId="schedule-15-paragraph-4-5-a"><num>(a)</num><content>apparatus of better type, greater capacity or greater dimensions is placed in substitution for existing apparatus of worse type, smaller capacity or smaller dimensions, except where this has been solely due to using the nearest currently available type, capacity or dimension, or</content></level><level class="para1" eId="schedule-15-paragraph-4-5-b"><num>(b)</num><content>apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which existing apparatus was,</content></level><wrapUp>and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the nominated undertaker, or, in default of agreement, is not determined by arbitration to be necessary in consequence of the construction of the authorised works in order to ensure the continued efficient operation of the <ins class="substitution first last" ukl:ChangeId="key-cf040167d98cde4acfa8d6e5426f0825-1478973673791" ukl:CommentaryRef="key-cf040167d98cde4acfa8d6e5426f0825"><noteRef uk:name="commentary" href="#key-cf040167d98cde4acfa8d6e5426f0825" class="commentary"/>electronic communications code network</ins> of <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478973341774" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this paragraph would be payable to <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478973370414" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> by virtue of sub-paragraph (4) above shall be reduced by the amount of that excess.</wrapUp></subparagraph><subparagraph eId="schedule-15-paragraph-4-6"><num>(6)</num><intro>For the purposes of sub-paragraph (5) above—</intro><level class="para1" eId="schedule-15-paragraph-4-6-a"><num>(a)</num><content>an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended provides more than an equivalent service, and</content></level><level class="para1" eId="schedule-15-paragraph-4-6-b"><num>(b)</num><content>where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole (in either case of such type, capacity and dimensions as shall reasonably be appropriate) shall be treated as if it also had been agreed or had been so determined.</content></level></subparagraph><subparagraph eId="schedule-15-paragraph-4-7"><num>(7)</num><content>The amount which apart from this sub-paragraph would be payable to <ins class="substitution first last" ukl:ChangeId="key-c02de330873d8e17f19e8ec9fafdff6f-1478972247533" ukl:CommentaryRef="key-c02de330873d8e17f19e8ec9fafdff6f"><noteRef uk:name="commentary" href="#key-c02de330873d8e17f19e8ec9fafdff6f" class="commentary"/>an operator</ins> in respect of works by virtue of sub-paragraph (4) above (and having regard, where relevant, to sub-paragraph (5) above) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7½ years earlier so as to confer on the telecom- munications operator any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.</content></subparagraph><subparagraph eId="schedule-15-paragraph-4-8"><num>(8)</num><intro>Sub-paragraphs (4) to (7) above shall not apply where the authorised works constitute major transport works or major highway works for the purpose of Part III of the <noteRef href="#c1252346" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991 (including that provision as applied by paragraph 8 of Schedule 3 to this Act), but instead—</intro><level class="para1" eId="schedule-15-paragraph-4-8-a"><num>(a)</num><content>the allowable costs of any relocation works shall be determined in accordance with section 85 of that Act (sharing of costs of necessary measures) and any regulations for the time being having effect under that section, and</content></level><level class="para1" eId="schedule-15-paragraph-4-8-b"><num>(b)</num><content>the allowable costs shall be borne by the nominated undertaker and <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478973399184" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> in such proportions as may be prescribed by any such regulations.</content></level></subparagraph></paragraph><paragraph eId="schedule-15-part-IV-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-15-part-IV-paragraph-5-1"><num>(1)</num><intro>Subject to sub-paragraphs (2) to (4) below, if by reason or in consequence of the construction of the authorised works or any subsidence resulting from any of those works, any damage is caused to any <ins class="substitution first last" ukl:ChangeId="M_F_2f17b4c9-0056-4c7f-ba8c-b7987d58eae0-1479037998327" ukl:CommentaryRef="M_F_2f17b4c9-0056-4c7f-ba8c-b7987d58eae0"><noteRef uk:name="commentary" href="#M_F_2f17b4c9-0056-4c7f-ba8c-b7987d58eae0" class="commentary"/>electronic communications apparatus</ins>, other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works, or property of the <ins class="substitution first last" ukl:ChangeId="M_F_ceb990c7-45a1-4fa5-ecaf-6cf54e4019cb-1479038232808" ukl:CommentaryRef="M_F_ceb990c7-45a1-4fa5-ecaf-6cf54e4019cb"><noteRef uk:name="commentary" href="#M_F_ceb990c7-45a1-4fa5-ecaf-6cf54e4019cb" class="commentary"/>operator of an electronic communications code network</ins>, or there is any interruption in the supply of the service provided by the <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038316039" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins>, the nominated undertaker shall bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and shall—</intro><level class="para1" eId="schedule-15-paragraph-5-1-a"><num>(a)</num><content>make reasonable compensation to the <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038918739" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins> for loss sustained by it, and</content></level><level class="para1" eId="schedule-15-paragraph-5-1-b"><num>(b)</num><content>indemnify the <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038934409" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins> against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, the operator, by reason or in consequence of any such damage or interruption.</content></level></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-5-2"><num>(2)</num><content>Sub-paragraph (1) above shall not apply to any apparatus in respect of which the relations between the nominated undertaker and the <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038946179" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins> are regulated by the provisions of Part III of the New Roads and Street Works Act 1991 or to any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised works.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-5-3"><num>(3)</num><content>Nothing in sub-paragraph (1) above shall impose any liability on the nominated undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of the <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038955949" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins>, its officers, servants, contractors or agents.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-5-4"><num>(4)</num><content>The <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038964799" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins> shall give the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the consent of the nominated undertaker which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-IV-paragraph-6" class="schProv1"><num>6</num><content>Any dispute arising under this Part of this Schedule shall be determined by an arbitrator who shall be appointed by agreement between the parties or, in default of such agreement, shall be the Secretary of State.</content></paragraph></part><part eId="schedule-15-part-V"><num>Part V</num><heading> Protection of Port of Sheerness Limited</heading><paragraph eId="schedule-15-part-V-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-V-paragraph-1-1"><num>(1)</num><content>The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and the port authority, have effect for the protection of the port authority.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-1-2"><num>(2)</num><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-construction" eId="term-construction">construction</term>” includes execution, placing, altering, replacing, relaying and removal;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-plans" eId="term-plans">plans</term>” includes sections, drawings, specifications and method statements;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-port-authority" eId="term-the-port-authority">the port authority</term>” means the Port of Sheerness Limited;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-river" eId="term-the-river">the river</term>” means the River Medway;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-operations" eId="term-operations">operations</term>” includes temporary works, dredging works and temporary mooring of vessels authorised by paragraph 11 of Schedule 2 to this Act;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-tidal-work" eId="term-tidal-work">tidal work</term>” means so much of any work authorised by Part I of this Act as is on or over the surface of land below the level of mean high water springs forming part of the river.</content></hcontainer></subparagraph></paragraph><paragraph eId="schedule-15-part-V-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-15-part-V-paragraph-2-1"><num>(1)</num><content>Before beginning any operations for the construction of any tidal work, the nominated undertaker shall submit to the port authority plans of the work and such further particulars available to it as the port authority may within 14 days of the submission of the plans reasonably require.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-2-2"><num>(2)</num><content>Such further particulars may include such relevant hydraulic and geological information as may be available to the nominated undertaker and is not in the possession of the port authority.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-2-3"><num>(3)</num><content>A tidal work shall not be constructed except in accordance with such plans as may be approved by the port authority or determined under paragraph 14 below.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-2-4"><num>(4)</num><intro>Any approval of the port authority required under this paragraph shall not be unreasonably withheld and—</intro><level class="para1" eId="schedule-15-part-V-paragraph-2-4-a"><num>(a)</num><content>shall be deemed to have been given if it is neither given nor refused (with an indication of the grounds for that refusal) within 28 days of the submission of the plans for approval; and</content></level><level class="para1" eId="schedule-15-part-V-paragraph-2-4-b"><num>(b)</num><content>may be given subject to such reasonable requirements as the port authority may make for the protection of traffic in, or the flow or regime of, the river.</content></level></subparagraph></paragraph><paragraph eId="schedule-15-part-V-paragraph-3" class="schProv1"><num>3</num><content>The nominated undertaker shall carry out all operations for the construction of any tidal works with all reasonable despatch to the reasonable satisfaction of the port authority (and shall promptly remove all temporary works as soon as the same are no longer required) so that river traffic shall not suffer more interference than is reasonably practicable and the port authority shall be entitled by its officer at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect such operations.</content></paragraph><paragraph eId="schedule-15-part-V-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-15-part-V-paragraph-4-1"><num>(1)</num><content>The nominated undertaker shall not, without the consent of the port authority, deposit in, or allow to fall or be washed into, the river any gravel, soil or other material.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-4-2"><num>(2)</num><intro>Any consent of the port authority under this paragraph shall not be unreasonably withheld and—</intro><level class="para1" eId="schedule-15-part-V-paragraph-4-2-a"><num>(a)</num><content>shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the request therefor; and</content></level><level class="para1" eId="schedule-15-part-V-paragraph-4-2-b"><num>(b)</num><content>may be given subject to such reasonable requirements as the port authority may make for the protection of navigation in, or the flow or regime of, the river.</content></level></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-4-3"><num>(3)</num><content>In its application to the discharge of water into the river, paragraph 9(5) of Schedule 2 to this Act shall have effect subject to the terms of any conditions attached to a consent given under this paragraph.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-4-4"><num>(4)</num><content>Nothing in this paragraph authorises the doing of anything prohibited by section 85(1), (2) or (3) of the <noteRef href="#c1252347" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Resources Act 1991 (offences of polluting controlled waters).</content></subparagraph></paragraph><paragraph eId="schedule-15-part-V-paragraph-5" class="schProv1"><num>5</num><content>If any pile, stump or other obstruction to navigation becomes exposed in the course of constructing any tidal work (other than a pile, stump or other obstruction on the site of any permanent work), the nominated undertaker shall, as soon as reasonably practicable after the receipt of notice in writing from the port authority requiring such action, remove it from the river or, if it is not reasonably practicable to remove it, cut it off at such level below the bed of the river (not being more than two metres below bed level in the main navigation channel or one metre below bed level elsewhere in the river) as the port authority may reasonably direct and in the absence of such action within a reasonable period of time the port authority may carry out the removal and recover its reasonable expenses in so doing from the nominated undertaker.</content></paragraph><paragraph eId="schedule-15-part-V-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-15-part-V-paragraph-6-1"><num>(1)</num><intro>If—</intro><level class="para1" eId="schedule-15-part-V-paragraph-6-1-a"><num>(a)</num><content>by reason of the construction of any tidal work, it is necessary for the port authority to incur costs in altering, removing, resiting or reinstating relevant existing moorings, or laying down and removing relevant substituted moorings, or carrying out dredging operations for any such purpose not being costs which it would have incurred for any other reason; and</content></level><level class="para1" eId="schedule-15-part-V-paragraph-6-1-b"><num>(b)</num><content>the port authority gives to the nominated undertaker not less than 28 days’ notice of its intention to incur such costs, and takes into account any representations which the nominated undertaker may make in response to the notice within 14 days of the receipt of the notice;</content></level><wrapUp>the nominated undertaker shall pay the costs reasonably so incurred by the port authority.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-6-2"><num>(2)</num><content>For the purpose of this paragraph “<term refersTo="#term-relevant-moorings" eId="term-relevant-moorings">relevant moorings</term>” are moorings which are owned by the port authority, or moorings which are licensed by the port authority and in respect of which it is under an obligation to provide substitute moorings.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-V-paragraph-7" class="schProv1"><num>7</num><content>The nominated undertaker shall, at or near every tidal work, exhibit such lights, lay down such buoys and take such other steps for preventing danger to navigation as the port authority may from time to time reasonably require.</content></paragraph><paragraph eId="schedule-15-part-V-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-15-part-V-paragraph-8-1"><num>(1)</num><content>If any tidal work is abandoned or falls into decay, the port authority may by notice in writing to the nominated undertaker require it, either to repair and restore the work or any part of it, or (if the nominated undertaker no longer requires the work) to remove the work and restore the site to its former condition to such extent as the port authority reasonably requires.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-8-2"><num>(2)</num><intro>If—</intro><level class="para1" eId="schedule-15-part-V-paragraph-8-2-a"><num>(a)</num><content>a work which consists of a tidal work and non-tidal work is abandoned or falls into decay; and</content></level><level class="para1" eId="schedule-15-part-V-paragraph-8-2-b"><num>(b)</num><content>the non-tidal work is in such a condition as to interfere with the right of navigation in the river,</content></level><wrapUp>the port authority may include the non-tidal work, or any part of it, in any notice under this paragraph.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-8-3"><num>(3)</num><content>In sub-paragraph (2) above, references to a non-tidal work are to so much of any work authorised by Part I of this Act as is on or over land above the level of mean high water springs.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-8-4"><num>(4)</num><content>If after such reasonable period as may be specified in a notice under this paragraph the work specified in the notice has not been carried out, the port authority may carry out that work and the nominated undertaker shall pay the amount of any expenditure reasonably incurred by the port authority in so carrying it out.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-V-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-15-part-V-paragraph-9-1"><num>(1)</num><content>Without prejudice to the provisions of paragraph 7 above, the nominated undertaker shall provide, or afford reasonable facilities for the port authority to provide and maintain, at the viaduct over the river comprised in Work <abbr title="Number">No.</abbr> 13, such navigational lights or other apparatus for the benefit of navigation as the port authority may reasonably consider necessary by reason of construction of the viaduct or the carrying out of operations for its construction.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-9-2"><num>(2)</num><content>The nominated undertaker shall pay to the port authority the costs reasonably incurred by it in connection with the provision and maintenance of that apparatus.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-V-paragraph-10" class="schProv1"><num>10</num><content>On the completion of the construction of the viaduct over the river comprised in Work <abbr title="Number">No.</abbr> 13 the nominated undertaker shall supply to the port authority a plan and sections and cross-sections on an appropriate scale showing the situation and level of the viaduct over the river.</content></paragraph><paragraph eId="schedule-15-part-V-paragraph-11" class="schProv1"><num>11</num><content>The nominated undertaker shall not, except for the purpose of constructing a tidal work or any connected works, remove any gravel, soil or other materials from the bed, shores or banks of the river without the previous consent of the port authority signified in writing under the hand of its secretary (such consent not to be unreasonably withheld), but nothing in this paragraph shall prevent the use by the nominated undertaker of any gravel, soil or other material so removed for the purposes of the construction of other tidal works or any connected works.</content></paragraph><paragraph eId="schedule-15-part-V-paragraph-12" class="schProv1"><num>12</num><subparagraph eId="schedule-15-part-V-paragraph-12-1"><num>(1)</num><content>The nominated undertaker shall indemnify the port authority from all claims, demands, proceedings or damages which may be made or given against or recovered from the port authority by reason of any damage to the river or its banks or any works or apparatus of the port authority in the river which is caused by or results from the construction of any tidal work or any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon the work, and from any costs reasonably incurred by the port authority in making good such damage.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-12-2"><num>(2)</num><content>The port authority shall give to the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the consent of the nominated undertaker which, if it notifies the port authority that it desires to do so, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.</content></subparagraph><subparagraph eId="schedule-15-paragraph-12-3"><num>(3)</num><content>Nothing in sub-paragraph (1) above shall impose any liability on the nominated undertaker in respect of silting or scouring.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-V-paragraph-13" class="schProv1"><num>13</num><content>Nothing in paragraph 12 above shall impose any liability on the nominated undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of the port authority, its officers, servants, contractors or agents, but the fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by the port authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not (in the absence of negligence on the part of the port authority, its officers, servants, contractors or agents) relieve the nominated undertaker from any liability under the provisions of this Part of this Schedule.</content></paragraph><paragraph eId="schedule-15-part-V-paragraph-14" class="schProv1"><num>14</num><content>Any dispute arising between the nominated undertaker and the port authority under this Part of this Schedule shall, if the parties agree, be determined by arbitration, but shall otherwise be determined by the Secretary of State.</content></paragraph></part><part eId="schedule-15-part-VI"><num>Part VI</num><heading> Protection of <ins class="substitution first last" ukl:ChangeId="key-2e33c11d90630522d3378ca6eaf6c679-1479179105406" ukl:CommentaryRef="key-2e33c11d90630522d3378ca6eaf6c679"><noteRef uk:name="commentary" href="#key-2e33c11d90630522d3378ca6eaf6c679" class="commentary"/>Canal & River Trust</ins></heading><paragraph eId="schedule-15-part-VI-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-VI-paragraph-1-1"><num>(1)</num><content>The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179284066" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, have effect.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-1-2"><num>(2)</num><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content><noteRef href="#M_F_78a8ccfc-ed2c-4a88-de3f-3ddabb807c07" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-canal" eId="term-the-canal">the canal</term>” means the Regent’s Canal (including the <abbr title="Saint">St.</abbr> Pancras Yacht Basin), the River Lee Navigation or the Waterworks River as the case may be, insofar as any of those waterways is owned or managed by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179409316" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, and includes any works connected therewith for the maintenance of which <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179604497" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> is responsible and any lands held or used by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179717728" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> for the purposes of the canal;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-construction" eId="term-construction">construction</term>” includes execution, placing, altering, replacing and relaying and includes removal;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-plans" eId="term-plans">plans</term>” includes sections, drawings, specifications and method statements;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-specified-work" eId="term-specified-work">specified work</term>” means so much of any permanent or temporary work authorised by Part I of this Act as is in, across, under, over or in the vicinity of the canal.</content></hcontainer></subparagraph></paragraph><paragraph eId="schedule-15-part-VI-paragraph-2" class="schProv1"><num>2</num><content>The Secretary of State shall not under the powers of section 4 above acquire compulsorily any land of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179432796" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> or any easement or other right over such land in the London Boroughs of Camden, Islington, Hackney or Newham other than such land, or easements or other rights thereover, as is reasonably necessary for, or in connection with, the construction, maintenance or operation of works authorised by Part I of this Act.</content></paragraph><paragraph eId="schedule-15-part-VI-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-15-part-VI-paragraph-3-1"><num>(1)</num><content>Before beginning to construct any specified work, the nominated undertaker shall submit to <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179450576" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> plans of the work and such further particulars available to it as <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179621227" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> may within 14 days of the submission of the plans reasonably require.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-3-2"><num>(2)</num><content>Any specified work shall not be constructed except in accordance with such plans as may be approved in writing by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179732818" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> or determined under paragraph 11 below.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-3-3"><num>(3)</num><intro>Any approval of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179830618" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> required under this paragraph shall not be unreasonably withheld and—</intro><level class="para1" eId="schedule-15-part-VI-paragraph-3-3-a"><num>(a)</num><content>shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the plans for approval; and</content></level><level class="para1" eId="schedule-15-part-VI-paragraph-3-3-b"><num>(b)</num><content>may be given subject to such reasonable requirements as <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179903418" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> may make for the purpose of ensuring the safety or stability of the canal, including requirements as to the construction of protective works.</content></level></subparagraph></paragraph><paragraph eId="schedule-15-part-VI-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-15-part-VI-paragraph-4-1"><num>(1)</num><content>Any specified work, and any protective works required by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179467436" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> under paragraph 3(3)(b) above, shall be constructed with all reasonable despatch to the reasonable satisfaction of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179640557" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, and in such manner as to cause as little damage to the canal as may be reasonably practicable and as little interference as may be reasonably practicable with the passage of vessels using the canal, and <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179749918" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> shall be entitled by its officer at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect the construction of such work or works.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-4-2"><num>(2)</num><content>The nominated undertaker shall give to <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179851028" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> not less than 28 days’ notice in writing of its intention to commence construction of any specified work or any protective works and also, except in emergency (when the nominated undertaker shall give such notice as may be reasonably practicable), of its intention to carry out any works for the repair or maintenance of any specified work insofar as such works of repair or maintenance affect or interfere with the canal.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-VI-paragraph-5" class="schProv1"><num>5</num><content>In constructing the bridge, or bridges, forming parts of Works <abbr title="Numbers">Nos.</abbr> 1AA, 1BB, 1CC, 1DD, 1EE, 3B and 3C over the canal, the nominated undertaker shall ensure that the soffit of any bridge at its lowest point is at a level of not less than 26.28 metres above Ordnance Datum Newlyn.</content></paragraph><paragraph eId="schedule-15-part-VI-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-15-part-VI-paragraph-6-1"><num>(1)</num><intro>The nominated undertaker shall not deposit any polluting material on, in or over the canal and shall not without the consent of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179481716" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>—</intro><level class="para1" eId="schedule-15-part-VI-paragraph-6-1-a"><num>(a)</num><content>deposit any other materials on, in or over the canal; or</content></level><level class="para1" eId="schedule-15-part-VI-paragraph-6-1-b"><num>(b)</num><content>notwithstanding anything in paragraph 9 of Schedule 2 to this Act (which authorises the discharge of water in connection with the construction or maintenance of works authorised under Part I of this Act), discharge any water directly or indirectly into the canal.</content></level></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-6-2"><num>(2)</num><intro>Any consent of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179661378" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> required under this paragraph shall not be unreasonably withheld and—</intro><level class="para1" eId="schedule-15-paragraph-6-2-a"><num>(a)</num><content>shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the request therefor; and</content></level><level class="para1" eId="schedule-15-paragraph-6-2-b"><num>(b)</num><intro>may be given subject to such reasonable requirements as <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179767968" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> may make—</intro><level class="para2" eId="schedule-15-paragraph-6-2-b-i"><num>(i)</num><content>in the case of a deposit, so as to ensure that the use of the canal is not obstructed or rendered less safe, and</content></level><level class="para2" eId="schedule-15-paragraph-6-2-b-ii"><num>(ii)</num><content>in the case of a discharge, concerning the reimbursement by the nominated undertaker of expenses incurred by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179868568" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> in disposing of the water so discharged, being expenses which <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179923058" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> would not have incurred but for the discharge.</content></level></level></subparagraph></paragraph><paragraph eId="schedule-15-part-VI-paragraph-7" class="schProv1"><num>7</num><content>In its application to the discharge of water into the canal, paragraph 9(5) of Schedule 2 to this Act shall have effect subject to the terms of any conditions attached to the consent under paragraph 6(2) above and, where such discharge includes a deposit to which consent has been given under paragraph 6(1) above, to any conditions attached to that consent.</content></paragraph><paragraph eId="schedule-15-part-VI-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-15-part-VI-paragraph-8-1"><num>(1)</num><content>If as a result of the construction of any specified work any part of the towing path beside the canal, or any public right of way giving access thereto, is temporarily closed to pedestrians or cyclists and there is no way which provides a reasonable alternative, the nominated undertaker shall, so far as reasonably practicable and to the extent that it is consistent with safety, provide a substitute path or paths for such time as the closure continues.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-8-2"><num>(2)</num><content>This paragraph is without prejudice to the requirements of paragraph 6(2) of Schedule 3 to this Act and of paragraph 3(1) of Part I of this Schedule.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-VI-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-15-part-VI-paragraph-9-1"><num>(1)</num><content>The nominated undertaker shall indemnify <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179497437" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> from all claims, demands, proceedings or damages, which may be made or given against, or recovered from <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179677878" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> by reason of any damage to the canal which is caused by, or results from, the construction of any specified work or protective work or any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon the work and from any costs reasonably incurred in making good such damage.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-9-2"><num>(2)</num><content><ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179781378" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> shall give to the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the consent of the nominated undertaker which, if it notifies <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179883688" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> that it desires to do so, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-VI-paragraph-10" class="schProv1"><num>10</num><content>Nothing in paragraph 9 above shall impose any liability on the nominated undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179514667" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, its officers, servants, contractors or agents but the fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179693268" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not (in the absence of negligence on the part of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179802838" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, its officers, servants, contractors or agents) relieve the nominated undertaker from any liability under the provisions of this Part of this Schedule.</content></paragraph><paragraph eId="schedule-15-part-VI-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-15-part-VI-paragraph-11-1"><num>(1)</num><content>Any dispute arising between the nominated undertaker and <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179532377" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> under this Part of this Schedule shall, if the parties agree, be determined by arbitration, but shall otherwise be determined by <ins class="first last" ukl:ChangeId="d29p23477" ukl:CommentaryRef="c1252349"><noteRef uk:name="commentary" href="#c1252349" class="commentary"/>the appropriate Minister</ins>.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-11-2"><num><ins class="first" ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350"><noteRef uk:name="commentary" href="#c1252350" class="commentary"/>(2)</ins></num><intro><ins ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350">In sub-paragraph (1) above, the reference to the appropriate Minister—</ins></intro><level class="para1" eId="schedule-15-paragraph-11-2-a"><num><ins ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350">(a)</ins></num><content><ins ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350">in the case of a dispute concerning land drainage or flood defence, is to the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly, and</ins></content></level><level class="para1" eId="schedule-15-paragraph-11-2-b"><num><ins ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350">(b)</ins></num><content><ins class="last" ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350">in the case of any other dispute, is to the Secretary of State.</ins></content></level></subparagraph></paragraph></part><part eId="schedule-15-part-VII"><num>Part VII</num><heading> Protection of Port of London Authority</heading><paragraph eId="schedule-15-part-VII-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-VII-paragraph-1-1"><num>(1)</num><content>The provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and the Port Authority, have effect for the protection of the Port Authority and the users of the river.</content></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-1-2"><num>(2)</num><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-construction" eId="term-construction">construction</term>” includes execution, placing, altering, replacing, relaying and removal and, in its application to works which include or comprise any operation, means the carrying out of that operation;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-operations" eId="term-operations">operations</term>” includes temporary works, dredging and mooring of vessels authorised by paragraph 11 of Schedule 2 to this Act;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-plans" eId="term-plans">plans</term>” includes sections, drawings, specifications and method statements;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-port-authority" eId="term-the-port-authority">the Port Authority</term>” means the Port of London Authority;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-river" eId="term-the-river">the river</term>” means the waters within the limits of the port of London as described in Schedule 1 to the <noteRef href="#c1252352" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Port of London Act 1968;</content></hcontainer><hcontainer name="definition"><intro>“<term refersTo="#term-specified-work" eId="term-specified-work">specified work</term>” means so much of any permanent or temporary work authorised by Part I of this Act (which includes, for the avoidance of doubt, any removal of gravel or other material, any dredging or similar work and any geotechnical investigations that may be undertaken) as is on, in, under or over—</intro><level class="para1"><num>(a)</num><content>the surface of land below the level of mean high water springs forming part of the river; or</content></level><level class="para1"><num>(b)</num><content>any land owned, occupied or used by the Port Authority for operational purposes.</content></level></hcontainer></subparagraph></paragraph><paragraph eId="schedule-15-part-VII-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-15-part-VII-paragraph-2-1"><num>(1)</num><content>Before beginning any operations for the construction of any specified work, the nominated undertaker shall submit to the Port Authority plans of the work and such further particulars available to it as the Port Authority may within 14 days of the submission of the plans reasonably require.</content></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-2-2"><num>(2)</num><content>A specified work shall not be constructed except in accordance with such plans as may be approved by the Port Authority or determined under paragraph 10 below.</content></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-2-3"><num>(3)</num><intro>Any approval of the Port Authority required under this paragraph shall not be unreasonably withheld and—</intro><level class="para1" eId="schedule-15-part-VII-paragraph-2-3-a"><num>(a)</num><content>shall be deemed to be given if it is neither given nor refused (with an indication of the grounds for refusal) within 28 days of the submission of the plans; and</content></level><level class="para1" eId="schedule-15-part-VII-paragraph-2-3-b"><num>(b)</num><intro>may be given subject to such reasonable requirements as the Port Authority may make for the protection of—</intro><level class="para2" eId="schedule-15-paragraph-2-3-b-i"><num>(i)</num><content>traffic in, or the flow or regime of, the river; or</content></level><level class="para2" eId="schedule-15-paragraph-2-3-b-ii"><num>(ii)</num><content>the use of its operational land for the purposes of performing its statutory functions.</content></level></level></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-2-4"><num>(4)</num><content>The requirement for approval under this paragraph does not constitute any specified work a work subject to any of the controls in Part V of the Port of London Act 1968.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-VII-paragraph-3" class="schProv1"><num>3</num><content>The nominated undertaker shall carry out all operations for the construction of any specified work with all reasonable despatch to the reasonable satisfaction of the Port Authority so that river traffic and the exercise of the Port Authority’s statutory functions shall not suffer more interference than is reasonably practicable and the Port Authority shall be entitled by its officer at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect such operations other than any operation relating to Work <abbr title="Number">No.</abbr> 10.</content></paragraph><paragraph eId="schedule-15-part-VII-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-15-part-VII-paragraph-4-1"><num>(1)</num><content>The nominated undertaker shall not, without the consent of the Port Authority, deposit in, or allow to fall or be washed into, the river any gravel, soil or other material.</content></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-4-2"><num>(2)</num><intro>Any consent of the Port Authority under this paragraph shall not be unreasonably withheld and—</intro><level class="para1" eId="schedule-15-part-VII-paragraph-4-2-a"><num>(a)</num><content>shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the request therefor; and</content></level><level class="para1" eId="schedule-15-part-VII-paragraph-4-2-b"><num>(b)</num><content>may be given subject to such reasonable requirements as the Port Authority may make for the protection of navigation in, or the flow or regime of, the river.</content></level></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-4-3"><num>(3)</num><content>In its application to the discharge of water into the river, paragraph 9(5) of Schedule 2 to this Act shall have effect subject to the terms of any conditions attached to a consent given under this paragraph.</content></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-4-4"><num>(4)</num><content>Nothing in this paragraph authorises the doing of anything prohibited by section 85(1), (2) or (3) of the <noteRef href="#c1252353" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Resources Act 1991 (offences of polluting controlled waters).</content></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-4-5"><num>(5)</num><content>The requirement for consent under this paragraph does not constitute any specified work or any operation a work or operation subject to any of the controls in Part V of the <noteRef href="#c1252354" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Port of London Act 1968.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-VII-paragraph-5" class="schProv1"><num>5</num><content>If any pile, stump or other obstruction to navigation becomes exposed in the course of constructing any specified work (other than a pile, stump or other obstruction on the site of any permanent work), the nominated undertaker shall, as soon as reasonably practicable after the receipt of notice in writing from the Port Authority requiring such action, remove it from the river or, if it is not reasonably practicable to remove it, cut it off at such level below the bed of the river (not being more than two metres below the bed of the river) as the Port Authority may reasonably direct.</content></paragraph><paragraph eId="schedule-15-part-VII-paragraph-6" class="schProv1"><num>6</num><intro>If—</intro><level class="para1" eId="schedule-15-paragraph-6-a"><num>(a)</num><content>by reason of the construction of any specified work it is reasonably necessary for the Port Authority to incur costs in altering, removing, resiting or reinstating existing moorings owned by the Port Authority, or laying down and removing substituted moorings, or carrying out dredging operations for any such purpose, not being costs which it would have incurred for any other reason; and</content></level><level class="para1" eId="schedule-15-paragraph-6-b"><num>(b)</num><content>the Port Authority gives to the nominated undertaker not less than 28 days’ notice of its intention to incur such costs, and take into account any representations which the nominated undertaker may make in response to the notice within 14 days of the receipt of the notice;</content></level><wrapUp>the nominated undertaker shall pay the costs reasonably so incurred by the Port Authority.</wrapUp></paragraph><paragraph eId="schedule-15-part-VII-paragraph-7" class="schProv1"><num>7</num><content>The nominated undertaker shall, at or near every specified work, and any other work of which the nominated undertaker is in possession in exercise of any of the powers of Part I of this Act, being in either case a work which is below the level of mean high water springs, exhibit such lights, lay down such buoys and take such other steps for preventing danger to navigation as the Port Authority may from time to time reasonably require.</content></paragraph><paragraph eId="schedule-15-part-VII-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-15-part-VII-paragraph-8-1"><num>(1)</num><content>If any specified work or any other work of which the nominated undertaker is in possession in exercise of any of the powers of Part I of this Act, being in either case a work which is below the level of mean high water springs is abandoned, the Port Authority may by notice in writing require the nominated undertaker to take such reasonable steps as may be specified in the notice to remove the work and (to such extent as the Port Authority reasonably requires) to restore the site to its former condition.</content></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-8-2"><num>(2)</num><intro>If any specified work which is below the level of mean high water springs is in such condition that it is, or is likely to become, a danger to or to interfere with navigation in the river, the Port Authority may by notice in writing require the nominated undertaker to take such reasonable steps as may be specified in the notice—</intro><level class="para1" eId="schedule-15-part-VII-paragraph-8-2-a"><num>(a)</num><content>to repair and restore the work or part of it, or</content></level><level class="para1" eId="schedule-15-part-VII-paragraph-8-2-b"><num>(b)</num><content>if the nominated undertaker so elects, to remove the work and (to such extent as the Port Authority reasonably requires) to restore the site to its former condition.</content></level></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-8-3"><num>(3)</num><intro>If—</intro><level class="para1" eId="schedule-15-paragraph-8-3-a"><num>(a)</num><content>a specified work which consists of a tidal work and a non-tidal work is abandoned or falls into decay; and</content></level><level class="para1" eId="schedule-15-paragraph-8-3-b"><num>(b)</num><content>the non-tidal work is in such a condition as to interfere with the right of navigation in the river;</content></level><wrapUp>the Port Authority may include the non-tidal work, or any part of it, in any notice under this paragraph.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-8-4"><num>(4)</num><content>In sub-paragraph (3) above “<term refersTo="#term-tidal-work" eId="term-tidal-work">tidal work</term>” means so much of any specified work as is below the level of mean high water springs and “<term refersTo="#term-non-tidal-work" eId="term-non-tidal-work">non-tidal work</term>” means so much of any such work as is above that level.</content></subparagraph><subparagraph eId="schedule-15-paragraph-8-5"><num>(5)</num><content>If after such reasonable period as may be specified in a notice under this paragraph the nominated undertaker has failed to begin taking steps to comply with the requirements of the notice or after beginning has failed to make reasonably expeditious progress towards their implementation, the Port Authority may carry out the works specified in the notice and any expenditure reasonably incurred by it in so doing shall be recoverable from the nominated undertaker.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-VII-paragraph-9" class="schProv1"><num>9</num><content>Paragraph 9(4) of Schedule 2 to this Act shall apply to any discharge of water under paragraph 9(1) of that Schedule in connection with the construction or maintenance of a specified work notwithstanding that the part of the river affected by the discharge is not a main river.</content></paragraph><paragraph eId="schedule-15-part-VII-paragraph-10" class="schProv1"><num>10</num><content>Any dispute arising between the nominated undertaker and the Port Authority under this Part of this Schedule shall, if the parties agree, be determined by arbitration but shall otherwise be determined by the Secretary of State.</content></paragraph></part></hcontainer>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-15-part-I-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-I-paragraph-1-1"><num>(1)</num><content>The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and the highway authority concerned, have effect for the protection of the highway authorities referred to in this Part.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-1-2"><num>(2)</num><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-highway" eId="term-highway">highway</term>” means a highway for which the local highway authority is the highway authority;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-plans" eId="term-plans">plans</term>” includes sections and specifications; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-property-of-the-highway-authority" eId="term-property-of-the-highway-authority">property of the highway authority</term>” means any apparatus of the highway authority affixed to or placed under any highway.</content></hcontainer></subparagraph><subparagraph eId="schedule-15-paragraph-1-3"><num>(3)</num><content>Part III of the <noteRef href="#c1252317" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991 shall not apply in relation to any matter which is regulated by this Part of this Schedule.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-I-paragraph-2" class="schProv1"><num>2</num><content>Wherever in this Part of this Schedule provision is made with respect to the approval or consent of the highway authority, that approval or consent shall be in writing and subject to such reasonable terms and conditions as the highway authority may require, but shall not be unreasonably withheld.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-I-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-15-part-I-paragraph-3-1"><num>(1)</num><content>The nominated undertaker shall not exercise the powers conferred by paragraph 6(1) of Schedule 3 to this Act without the consent of the highway authority.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-3-2"><num>(2)</num><content><mod>In its application to this paragraph, paragraph 2 above shall have effect with the addition after “require” of <quotedText>“ in the interest of public safety or convenience ”</quotedText>.</mod></content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-3-3"><num>(3)</num><content>If within 28 days after a request for consent has been submitted the highway authority has not given or refused such consent, it shall be deemed to have consented to the request as submitted.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-3-4"><num>(4)</num><content>Where consent under this paragraph is given subject to a term or condition the performance of which is, or becomes, inconsistent with the performance by the nominated undertaker of any of the conditions to which the deemed planning permission is subject, the term or condition to which the consent under this paragraph is subject shall not have effect or, as the case may be, shall cease to have effect.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-3-5"><num>(5)</num><content>In sub-paragraph (4) above, the reference to the deemed planning permission is to the planning permission deemed by section 9 above to be granted.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-I-paragraph-4" class="schProv1"><num>4</num><intro>Before carrying out any work for the construction or maintenance of any part of the works authorised by Part I of this Act which will involve interference with a highway, or the traffic in any highway, or before temporarily stopping up any highway, the nominated undertaker shall consult the highway authority—</intro><level class="para1" eId="schedule-15-paragraph-4-a"><num>(a)</num><content>as to the time when the work shall be commenced, and as to the extent of the surface of the highway which it may be reasonably necessary for the nominated undertaker to occupy, or the nature of the interference which may be caused to traffic in the carrying out of the work, or as to the time during which, and the extent to which, the highway shall be stopped up (as the case may be), and</content></level><level class="para1" eId="schedule-15-paragraph-4-b"><num>(b)</num><content>as to the conditions under which the work shall be carried out or the highway shall be stopped up (as the case may be),</content></level><wrapUp>so as to reduce so far as reasonably practicable inconvenience to the public and to ensure the safety of the public.</wrapUp></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-I-paragraph-5" class="schProv1"><num>5</num><content>The nominated undertaker shall not, without the consent of the highway authority, construct any part of the works authorised by Part I of this Act under and within 8 metres of the surface of any highway which comprises a carriageway except in accordance with plans submitted to, and approved by, the highway authority and if within 28 days after such plans have been submitted the highway authority has not approved or disapproved them, it shall be deemed to have approved the plans as submitted.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-I-paragraph-6" class="schProv1"><num>6</num><content>In the construction of any part of the said works under a highway no part thereof shall, except with the consent of the highway authority, be so constructed as to interfere with the provision of proper means of drainage of the surface of the highway or be nearer than two metres to the surface of the highway.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-I-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-15-part-I-paragraph-7-1"><num>(1)</num><content>The provisions of this paragraph have effect in relation to, and to the construction of, any new bridge, or any extension or alteration of an existing bridge, carrying any part of the works authorised by Part I of this Act over a highway or carrying a highway over any part of those works; and any such new bridge, or (as the case may be) any bridge so extended or altered, is in this paragraph referred to as “<term refersTo="#term-the-bridge" eId="term-the-bridge">the bridge</term>”.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-7-2"><num>(2)</num><content>Before commencing the construction of, or the carrying out of any work in connection with, the bridge which involves interference with a highway, the nominated undertaker shall submit to the highway authority for its approval plans, drawings and particulars (in this paragraph referred to as “<term refersTo="#term-plans" eId="term-plans">plans</term>”) relating thereto, and the bridge shall not be constructed and the works shall not be carried out except in accordance with the plans submitted to, and approved by, the highway authority.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-7-3"><num>(3)</num><content>If within 28 days after the plans have been submitted the highway authority has not approved or disapproved them, it shall be deemed to have approved the plans as submitted.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-7-4"><num>(4)</num><intro>If the bridge carries any part of the works authorised by Part I of this Act over any highway—</intro><level class="para1" eId="schedule-15-paragraph-7-4-a"><num>(a)</num><content>it shall be constructed in such manner as to prevent so far as may be reasonably practicable the dripping of water from the bridge, and</content></level><level class="para1" eId="schedule-15-paragraph-7-4-b"><num>(b)</num><content>the highway authority may, at the cost of the nominated undertaker, provide and place such lamps and apparatus as may from time to time be reasonably necessary for efficiently lighting any highway under or in the vicinity of the bridge.</content></level></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-I-paragraph-8" class="schProv1"><num>8</num><content>The nominated undertaker shall secure that so much of the works authorised by Part I of this Act as is constructed under any highway shall be so designed, constructed and maintained as to carry the appropriate loading recommended for highway bridges by the Secretary of State at the time of construction of the works, and the nominated undertaker shall indemnify the highway authority against, and make good to the highway authority, the expenses which the highway authority may reasonably incur in the maintenance or repair of any highway, or any tunnels, sewers, drains or apparatus therein, by reason of non-compliance with the provisions of this paragraph.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-I-paragraph-9" class="schProv1"><num>9</num><intro>Any officer of the highway authority duly appointed for the purpose may at all reasonable times, on giving to the nominated undertaker such notice as may in the circumstances be reasonable, enter upon and inspect any part of the works authorised by Part I of this Act which—</intro><level class="para1" eId="schedule-15-paragraph-9-a"><num>(a)</num><content>is in, over or under any highway, or</content></level><level class="para1" eId="schedule-15-paragraph-9-b"><num>(b)</num><content>which may affect any highway or any property of the highway authority,</content></level><wrapUp>during the carrying out of the work, and the nominated undertaker shall give to such officer all reasonable facilities for such inspection and, if he shall be of opinion that the construction of the work is attended with danger to any highway or to any property of the highway authority on or under any highway, the nominated undertaker shall adopt such measures and precautions as may be reasonably practicable for the purpose of preventing any damage or injury to the highway.</wrapUp></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-I-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-15-part-I-paragraph-10-1"><num>(1)</num><content>The nominated undertaker shall not alter, disturb or in any way interfere with any property of the highway authority on or under any highway, or the access thereto, without the consent of the highway authority, and any alteration, diversion, replacement or reconstruction of any such property which may be necessary shall be made by the highway authority or the nominated undertaker as the highway authority thinks fit, and the expense reasonably incurred by the highway authority in so doing shall be repaid to the highway authority by the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-10-2"><num>(2)</num><content>If within 28 days after a request for consent has been submitted the highway authority has not given or refused such consent, it shall be deemed to have consented to the request as submitted.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-I-paragraph-11" class="schProv1"><num>11</num><content>The nominated undertaker shall not remove any soil or material from any highway except so much as must be excavated in the carrying out of the works authorised by Part I of this Act.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-I-paragraph-12" class="schProv1"><num>12</num><subparagraph eId="schedule-15-part-I-paragraph-12-1"><num>(1)</num><content>If the highway authority, after giving to the nominated undertaker not less than 28 days’ notice (or, in case of emergency, such notice as is reasonably practicable) of its intention to do so, incurs any additional expense in the signposting of traffic diversions or the taking of other measures in relation thereto, or in the repair of any highway by reason of the diversion thereto of traffic from a road of a higher standard, in consequence of the construction of the works authorised by Part I of this Act, the nominated undertaker shall repay to the highway authority the amount of any such expense reasonably so incurred.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-12-2"><num>(2)</num><content>An amount which apart from this sub-paragraph would be payable to the highway authority by virtue of this paragraph in respect of the repair of any highway shall, if the highway fell or would have fallen due for repair as part of the maintenance programme of the highway authority at any time within ten years of the repair being carried out by the nominated undertaker, so as to confer on the highway authority financial benefit (whether by securing the completion of overdue maintenance work for which the highway authority is liable or by deferment of the time for such work in the ordinary course), be reduced by the amount which represents that benefit.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-I-paragraph-13" class="schProv1"><num>13</num><subparagraph eId="schedule-15-paragraph-13-1"><num>(1)</num><content>The nominated undertaker shall not, except with the consent of the highway authority, deposit any soil or materials, or stand any plant, on or over any highway so as to obstruct or render less safe the use of the highway by any person, or, except with the like consent, deposit any soil or materials on any highway outside a hoarding, but if within 28 days after request therefor any such consent is neither given nor refused it shall be deemed to have been given.</content></subparagraph><subparagraph eId="schedule-15-paragraph-13-2"><num>(2)</num><content>The expense reasonably incurred by the highway authority in removing any soil or materials deposited on any highway in contravention of this paragraph shall be repaid to the highway authority by the nominated undertaker.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-I-paragraph-14" class="schProv1"><num>14</num><content>The nominated undertaker shall, if reasonably so required by the highway authority, provide and maintain to the reasonable satisfaction of the highway authority, during such time as the nominated undertaker may occupy any part of a highway for the purpose of the construction of any part of the works authorised by Part I of this Act, temporary bridges and temporary ramps for vehicular or pedestrian traffic over any part of the works or in such other position as may be necessary to prevent undue interference with the flow of traffic in the highway.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-15-part-I-paragraph-15" class="schProv1"><num>15</num><subparagraph eId="schedule-15-part-I-paragraph-15-1"><num>(1)</num><content>Where any part of any highway has been broken up or disturbed by the nominated undertaker and not permanently stopped up or diverted the nominated undertaker shall make good the subsoil, foundations and surface of that part of the highway to the reasonable satisfaction of the highway authority, and shall maintain the same to the reasonable satisfaction of the highway authority for such time as may reasonably be required for the permanent reinstatement of the highway.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-15-2"><num>(2)</num><content>The reinstatement of that part of the highway shall be carried out by the nominated undertaker to the reasonable satisfaction of the highway authority in accordance with such requirements as to specification of material and standards of workmanship as may be prescribed for equivalent reinstatement work by regulations made under section 71 of the <noteRef href="#c1252318" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-I-paragraph-16" class="schProv1"><num>16</num><content>If any damage to any highway or any property of the highway authority on or under any highway is caused by, or results from, the construction of any work authorised by Part I of this Act or any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon such work, the nominated undertaker may, in the case of damage to a highway, make good such damage to the reasonable satisfaction of the highway authority and, where the nominated undertaker does not make good, or in the case of damage to property of the highway authority, the nominated undertaker shall make compensation to the highway authority.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-I-paragraph-17" class="schProv1"><num>17</num><content>The fact that any act or thing may have been done in accordance with plans approved by the highway authority shall not (if it was not attributable to the act, neglect or default of the highway authority or of any person in its employ or its contractors or agents) exonerate the nominated undertaker from any liability, or affect any claim for damages, under this Part of this Schedule or otherwise.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-I-paragraph-18" class="schProv1"><num>18</num><content>Any dispute arising between the nominated undertaker and the highway authority under this Part of this Schedule shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.</content></paragraph>

<part xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-15-part-II"><num> Part II</num><heading> Protection for Electricity, Gas, Water and Sewerage Undertakers</heading><paragraph eId="schedule-15-part-II-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-II-paragraph-1-1"><num>(1)</num><content>The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and the undertakers concerned, have effect.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-1-2"><num>(2)</num><hcontainer name="wrapper2"><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-alternative-apparatus" eId="term-alternative-apparatus">alternative apparatus</term>” means alternative apparatus adequate to enable the undertakers to fulfil their functions as effectively as is achievable using the apparatus which the alternative apparatus is to replace;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-apparatus" eId="term-apparatus">apparatus</term>” means—</content></hcontainer><level class="para1" eId="schedule-15-paragraph-1-2-a"><num>(a)</num><content>in the case of electricity undertakers, electric lines or electrical plant (as defined in the <noteRef href="#c1252320" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Electricity Act 1989) belonging to, or maintained by, such undertakers;</content></level><level class="para1" eId="schedule-15-paragraph-1-2-b"><num>(b)</num><content>in the case of gas undertakers, mains, pipes or other apparatus belonging to, or maintained by, a public gas transporter for the purposes of gas supply;</content></level><level class="para1" eId="schedule-15-paragraph-1-2-c"><num>(c)</num><content>in the case of water undertakers, mains, pipes or other apparatus belonging to, or maintained by, such undertakers for the purposes of water supply; and</content></level><level class="para1" eId="schedule-15-paragraph-1-2-d"><num>(d)</num><content>in the case of sewerage undertakers, any sewer, drain or works vested in a sewerage undertaker under the <noteRef href="#c1252321" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Industry Act 1991 and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works;</content></level></hcontainer><hcontainer name="wrapper2"><intro>(not being, except in paragraph 17 below, apparatus in respect of which the relations between the nominated undertaker and the undertakers are regulated by the provisions of Part III of the New Roads and Street Works Act 1991) and includes any structure for the lodging therein of apparatus or for giving access to apparatus;</intro><hcontainer name="definition"><content>“<term refersTo="#term-construction" eId="term-construction">construction</term>” includes execution, placing, altering, replacing, relaying and removal and, in its application to works which include or comprise any operation, means the carrying out of that operation;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-functions" eId="term-functions">functions</term>” includes powers and duties;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-in" eId="term-in">in</term>” in a context referring to apparatus in land includes under, over, across, along or upon land;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-plans" eId="term-plans">plans</term>” includes sections and method statements;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-service-obligations" eId="term-service-obligations">service obligations</term>” means any service obligation imposed on the undertakers by or under the enactments authorising them to carry on their respective undertakings; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-undertakers" eId="term-undertakers">undertakers</term>” means any of the following, namely, a licence holder within the meaning of Part I of the Electricity Act 1989, a public gas supplier within the meaning of Part I of the <noteRef href="#c1252322" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Gas Act 1986, a water undertaker within the meaning of the <noteRef href="#c1252323" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Industry Act 1991, a sewerage undertaker within Part I of that Act and any local authority which is a relevant authority for the purposes of section 97 of that Act; and, in relation to any apparatus, means the undertakers to whom it belongs or by whom it is maintained.</content></hcontainer></hcontainer></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-15-part-II-paragraph-2-1"><num>(1)</num><content>The following provisions of this paragraph have effect in any case where the Secretary of State or the nominated undertaker, in exercise of the powers of Part I of this Act, acquires any interest in or temporarily occupies any land in which apparatus is placed.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-2-2"><num>(2)</num><intro>Unless a certificate is issued by <ins class="first last" ukl:ChangeId="d29p21733" ukl:CommentaryRef="c1252331"><noteRef uk:name="commentary" href="#c1252331" class="commentary"/>the appropriate Minister</ins> under sub-paragraph (3) below the apparatus shall not be removed under this Part of this Schedule, and any right of the undertakers to maintain, repair, renew, adjust, alter or inspect the apparatus in that land shall not be extinguished—</intro><level class="para1" eId="schedule-15-part-II-paragraph-2-2-a"><num>(a)</num><content>in the case of a right to adjust or alter apparatus, until 28 days after the nominated undertaker has given the undertakers in whom the right is vested a preliminary notice under paragraph 4 below in respect of land to which the right relates, or, if earlier, the date on which the nominated undertaker commences any work on that land, and</content></level><level class="para1" eId="schedule-15-part-II-paragraph-2-2-b"><num>(b)</num><content>in any other case, until any necessary alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the undertakers.</content></level></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-2-3"><num>(3)</num><intro>Where <ins class="first last" ukl:ChangeId="d29p21755" ukl:CommentaryRef="c1252332"><noteRef uk:name="commentary" href="#c1252332" class="commentary"/>the appropriate Minister certifies</ins> in relation to any apparatus that—</intro><level class="para1" eId="schedule-15-part-II-paragraph-2-3-a"><num>(a)</num><content>failure to remove the apparatus would cause undue delay to the construction of the scheduled works, and</content></level><level class="para1" eId="schedule-15-part-II-paragraph-2-3-b"><num>(b)</num><content>the removal of the apparatus before the provision of alternative apparatus in accordance with this paragraph would not substantially prejudice the ability of the undertakers to meet any relevant service obligations,</content></level><wrapUp>that apparatus may be removed (or required by the nominated undertaker to be removed) under this Part of this Schedule before any necessary alternative apparatus has been constructed or is in operation to the reasonable satisfaction of the undertakers.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-2-4"><num><ins class="first" ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333"><noteRef uk:name="commentary" href="#c1252333" class="commentary"/>(4)</ins></num><intro><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333">In this paragraph, “appropriate Minister” means—</ins></intro><level class="para1" eId="schedule-15-part-II-paragraph-2-4-a"><num><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333">(a)</ins></num><content><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333">in cases relating to apparatus belonging to, or maintained by, electricity or gas undertakers, </ins><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333"><ins class="first last" ukl:ChangeId="d29p21786" ukl:CommentaryRef="c1252334"><noteRef uk:name="commentary" href="#c1252334" class="commentary"/>the Secretary of State for Transport</ins></ins><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333"> and </ins><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333"><ins class="substitution first last" ukl:ChangeId="key-464e187aae61b79fd494becc41276bc6-1686916484710" ukl:CommentaryRef="key-464e187aae61b79fd494becc41276bc6"><noteRef uk:name="commentary" href="#key-464e187aae61b79fd494becc41276bc6" class="commentary"/>the Secretary of State for Energy Security and Net Zero</ins></ins><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333"> acting jointly, and</ins></content></level><level class="para1" eId="schedule-15-part-II-paragraph-2-4-b"><num><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333">(b)</ins></num><content><ins class="last" ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333">in any other case, the Secretary of State.</ins></content></level></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-15-part-II-paragraph-3-1"><num>(1)</num><content>Before exercising any right to adjust or alter apparatus pursuant to paragraph 2(2) above the undertakers concerned shall give the nominated undertaker not less than 28 days’ written notice of the proposed alteration or adjustment, together with plans and specifications.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-3-2"><num>(2)</num><content>Any altered or adjusted apparatus shall be constructed in such line or situation, at such depth and in accordance with such specification as the nominated undertaker may reasonably require for the purpose of securing that (so far as reasonably practicable at the time the requirement is imposed) the apparatus as altered or adjusted will accommodate any work authorised by Part I of this Act.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-3-3"><num>(3)</num><intro>Such apparatus shall be constructed in such manner, and in accordance with such programme, as is agreed between the undertakers and the nominated undertaker with a view to securing, among other things—</intro><level class="para1" eId="schedule-15-part-II-paragraph-3-3-a"><num>(a)</num><content>the efficient implementation of the necessary work,</content></level><level class="para1" eId="schedule-15-part-II-paragraph-3-3-b"><num>(b)</num><content>the avoidance of delay or any other adverse effect on the programme for any works to be carried out by the nominated undertaker under Part I of this Act, and</content></level><level class="para1" eId="schedule-15-paragraph-3-3-c"><num>(c)</num><content>the continued fulfilment by the undertakers of their service obligations to a standard no less than that achieved prior to the making of the alteration or adjustment.</content></level></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-3-4"><num>(4)</num><content>If under sub-paragraph (2) above the nominated undertaker requires the altered or adjusted apparatus to be constructed in land other than that in which the undertakers have a right to construct it, paragraph 6(2) and (3) below shall apply to the provision of the requisite facilities and rights as if the apparatus were alternative apparatus.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-3-5"><num>(5)</num><content>If any requirement made by the nominated undertaker under sub-paragraph (2) above involves cost in the construction of works under this paragraph exceeding that which would have been involved had the apparatus been altered or adjusted as proposed by the undertakers, and in the absence of the undertakers’ proposals the nominated undertaker would have required the removal of the apparatus, the nominated undertaker shall repay to the undertakers the amount of the excess.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-4" class="schProv1"><num>4</num><content>The nominated undertaker shall give the undertakers not less than 28 days’ written preliminary notice of the nominated undertaker’s intention to give notice under paragraph 6(1)(a) below in respect of apparatus in any land.</content></paragraph><paragraph eId="schedule-15-part-II-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-15-part-II-paragraph-5-1"><num>(1)</num><content>If the undertakers desire to alter or adjust any apparatus which has not been the subject of a notice under paragraph 6(1)(a) below after the extinguishment of their right to do so, they shall (except in the case of works of repair or renewal required in an emergency) submit to the nominated undertaker plans and specifications of the proposed work and such further particulars as the nominated undertaker may reasonably require.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-5-2"><num>(2)</num><content>Any work in respect of which the undertakers are subject to an obligation under sub-paragraph (1) above shall not be constructed except in accordance with such plans as may be approved in writing by the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-5-3"><num>(3)</num><intro>Any approval of the nominated undertaker required under this paragraph—</intro><level class="para1" eId="schedule-15-paragraph-5-3-a"><num>(a)</num><content>shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the plans for approval, and</content></level><level class="para1" eId="schedule-15-paragraph-5-3-b"><num>(b)</num><content>may be given subject to such requirements as the nominated undertaker may make for the purpose of securing that the work does not interfere with the construction or operation of any work authorised by Part I of this Act or for the protection of any such work.</content></level></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-5-4"><num>(4)</num><content>The requirements which the nominated undertaker may make under sub-paragraph (3) above include requirements as to the construction of protective works and the person by whom the works are to be constructed.</content></subparagraph><subparagraph eId="schedule-15-paragraph-5-5"><num>(5)</num><content>Any work constructed under this paragraph shall be constructed with all reasonable despatch under the superintendence (if given) and to the reasonable satisfaction of the nominated undertaker.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-15-part-II-paragraph-6-1"><num>(1)</num><intro>This paragraph applies where—</intro><level class="para1" eId="schedule-15-part-II-paragraph-6-1-a"><num>(a)</num><content>the nominated undertaker for the purpose of constructing any work authorised by Part I of this Act in, on or under any land, requires the removal of any apparatus placed in that land, and gives the undertakers not less than 28 days’ written notice of that requirement, together with a plan of the proposed work, and of the proposed position of the alternative apparatus to be provided or constructed, or</content></level><level class="para1" eId="schedule-15-part-II-paragraph-6-1-b"><num>(b)</num><content>in consequence of the exercise of any of the powers of Part I of this Act, the undertakers reasonably require to remove any apparatus.</content></level></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-6-2"><num>(2)</num><content>Subject to sub-paragraph (3) below, the nominated undertaker or the Secretary of State shall afford the undertakers the requisite facilities and rights for the construction of any necessary alternative apparatus in other land which is available for the purpose and which is held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, or in which either of them has sufficient rights or interests and thereafter for the maintenance, repair, renewal and inspection of such apparatus.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-6-3"><num>(3)</num><content>Sub-paragraph (4) below applies where facilities and rights required for the construction of apparatus under sub-paragraph (2) above are to be afforded elsewhere than in such other land and neither the nominated undertaker nor the Secretary of State is able to afford such facilities and rights.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-6-4"><num>(4)</num><content>The undertakers shall, on receipt of a written notice from the nominated undertaker that this sub-paragraph applies, forthwith use their best endeavours to obtain the necessary facilities and rights; and neither the nominated undertaker nor the Secretary of State shall be under an obligation as to the provision of such facilities and rights in the other land.</content></subparagraph><subparagraph eId="schedule-15-paragraph-6-5"><num>(5)</num><content>The obligation imposed by sub-paragraph (4) above shall not extend to the exercise by the undertakers of any power to acquire by way of compulsory purchase order any land or rights in land, other than any power which may be exercisable by them under paragraph 10 of Schedule 4 to this Act.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-15-part-II-paragraph-7-1"><num>(1)</num><content>Any alternative apparatus to be constructed by the undertakers in pursuance of paragraph 6 above in land held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, or in which the undertakers have obtained the necessary facilities and rights, shall be constructed in such manner, and in such line or situation and in accordance with such programme, as is agreed between the undertakers and the nominated undertaker with a view to securing, among other things, the efficient implementation of the necessary work, the avoidance of unnecessary delay and the continued fulfilment by the undertakers of their service obligations to a standard no less than that achieved prior to the removal of the apparatus which the alternative apparatus replaces, or, in default of agreement, determined by arbitration under paragraph 18 below.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-7-2"><num>(2)</num><content>If the undertakers fail to comply with an agreement made under sub-paragraph (1) above, or with the decision of an arbitrator under paragraph 18 below, they shall be liable to compensate the nominated undertaker in respect of any loss or damage (other than loss of, or arising from delayed receipt of, operating revenue due to delayed opening of the rail link) directly resulting from the failure.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-8" class="schProv1"><num>8</num><content>The undertakers shall, after the manner of construction and the line and situation of any necessary alternative apparatus have been agreed or determined as aforesaid, and after the grant to or obtaining by the undertakers of any such facilities and rights as are referred to in paragraph 6 above, proceed with all reasonable despatch to construct and bring into operation the alternative apparatus and to remove any apparatus required by the nominated undertaker to be removed under the provisions of this Part of this Schedule and, in default, the nominated undertaker may remove that apparatus.</content></paragraph><paragraph eId="schedule-15-part-II-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-15-part-II-paragraph-9-1"><num>(1)</num><content>If the nominated undertaker gives notice in writing to the undertakers that it desires to carry out any part of so much of the work necessary in connection with the construction of the alternative apparatus, or the removal of the apparatus required to be removed, as is or will be situate in any lands held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, such work, instead of being carried out by the undertakers, shall be carried out by the nominated undertaker in accordance with plans and specifications and in a position agreed between the undertakers and the nominated undertaker, or, in default of agreement, determined by arbitration under paragraph 18 below, with all reasonable despatch under the superintendence (if given) and to the reasonable satisfaction of the undertakers.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-9-2"><num>(2)</num><content>Nothing in this paragraph shall authorise the nominated undertaker to carry out any connection to or disconnection of any existing apparatus.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-15-part-II-paragraph-10-1"><num>(1)</num><content>Where, in accordance with the provisions of this Part of this Schedule, the nominated undertaker or the Secretary of State affords to the undertakers facilities and rights for the construction, maintenance, repair, renewal and inspection on land held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State of alternative apparatus, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the nominated undertaker or, as the case may be, the Secretary of State, and the undertakers or, in default of agreement, determined by arbitration under paragraph 18 below.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-10-2"><num>(2)</num><intro>In determining such terms and conditions as aforesaid in respect of alternative apparatus to be constructed across or along any works authorised by Part I of this Act the arbitrator shall—</intro><level class="para1" eId="schedule-15-paragraph-10-2-a"><num>(a)</num><content>give effect to all reasonable requirements of the nominated undertaker for ensuring the safety and efficient operation of those works and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the nominated undertaker or the use of the same, and</content></level><level class="para1" eId="schedule-15-paragraph-10-2-b"><num>(b)</num><content>so far as it may be reasonable and practicable to do so in the circumstances of the case, give effect to the terms and conditions (if any) applicable to the apparatus for which the alternative apparatus is to be substituted and have regard to the undertakers’ ability to fulfil their service obligations.</content></level></subparagraph><subparagraph eId="schedule-15-paragraph-10-3"><num>(3)</num><content>If the facilities and rights to be afforded by the nominated undertaker or the Secretary of State in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted are, in the opinion of the arbitrator, more or less favourable on the whole to the undertakers than the facilities, rights, terms and conditions applying to the apparatus to be removed, the arbitrator shall make such provision for the payment of compensation to or by the nominated undertaker or the Secretary of State to or by the undertakers in respect thereof as appears to him to be reasonable having regard to all the circumstances of the case.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-15-part-II-paragraph-11-1"><num>(1)</num><content>Not less than 28 days before commencing to construct any work authorised by Part I of this Act which is near to, or will or may affect, any apparatus the removal of which has not been required by the nominated undertaker under paragraph 6 above, the nominated undertaker shall submit to the undertakers a plan and description of the work and of any protective measures which the nominated undertaker proposes to take in respect of that apparatus, together with a specification of such measures where appropriate.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-11-2"><num>(2)</num><content>The work shall be constructed only in accordance with the plan and description submitted as aforesaid and in accordance with such reasonable requirements as may be made by the undertakers for the alteration or otherwise for the protection of the apparatus or for securing access thereto, and the undertakers shall be entitled by their officer to watch and inspect the construction of the work.</content></subparagraph><subparagraph eId="schedule-15-paragraph-11-3"><num>(3)</num><content>If the undertakers within 14 days after the submission to them of any such plan and description shall, in consequence of the works proposed by the nominated undertaker, reasonably require the removal of any apparatus and give written notice to the nominated undertaker of that requirement, this Part of this Schedule shall have effect as if the removal of such apparatus had been required by the nominated undertaker under paragraph 6 above.</content></subparagraph><subparagraph eId="schedule-15-paragraph-11-4"><num>(4)</num><content>Nothing in sub-paragraphs (1) to (3) above shall preclude the nominated undertaker from submitting at any time, or from time to time, but in no case less than 28 days before commencing the construction of the work, a new plan and description thereof in lieu of the plan and description previously submitted, and thereupon the provisions of those sub-paragraphs shall apply to and in respect of the new plan and description.</content></subparagraph><subparagraph eId="schedule-15-paragraph-11-5"><num>(5)</num><content>The nominated undertaker shall not be required to comply with sub-paragraphs (1) to (3) above in a case of emergency but in such a case it shall give notice to the undertakers as soon as reasonably practicable and a plan and description of those works as soon as reasonably practicable thereafter, and shall comply with those sub-paragraphs so far as reasonably practicable in the circumstances.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-12" class="schProv1"><num>12</num><content>If in consequence of the exercise of the powers of Part I of this Act the access to any apparatus is materially obstructed the nominated undertaker shall, so far as reasonably practicable, provide alternative means of access to such apparatus which is no less convenient than the access enjoyed by the undertakers prior to the obstruction.</content></paragraph><paragraph eId="schedule-15-part-II-paragraph-13" class="schProv1"><num>13</num><content>Where, in consequence of Part I of this Act, any part of any highway in which any apparatus is situate ceases to be part of a highway, the undertakers may exercise the same rights of access to such apparatus as they enjoyed immediately before the passing of Part I of this Act, but nothing in this paragraph shall affect any right of the nominated undertaker or of the undertakers to require removal of that apparatus under this Part of this Schedule or the power of the nominated undertaker to construct works in accordance with paragraph 11 above.</content></paragraph><paragraph eId="schedule-15-part-II-paragraph-14" class="schProv1"><num>14</num><subparagraph eId="schedule-15-paragraph-14-1"><num>(1)</num><intro>Subject to the following provisions of this paragraph, the nominated undertaker shall repay to the undertakers the reasonable expenses incurred by the undertakers in, or in connection with—</intro><level class="para1" eId="schedule-15-paragraph-14-1-a"><num>(a)</num><content>the removal and relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus under any provision of this Part of this Schedule,</content></level><level class="para1" eId="schedule-15-paragraph-14-1-b"><num>(b)</num><content>the cutting off of any apparatus from any other apparatus in consequence of the exercise by the nominated undertaker of any power under Part I of this Act, and</content></level><level class="para1" eId="schedule-15-paragraph-14-1-c"><num>(c)</num><content>any other work or thing rendered reasonably necessary in consequence of the exercise by the nominated undertaker of any such power.</content></level></subparagraph><subparagraph eId="schedule-15-paragraph-14-2"><num>(2)</num><content>There shall be deducted from any sum payable under sub-paragraph (1) above the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal.</content></subparagraph><subparagraph eId="schedule-15-paragraph-14-3"><num>(3)</num><intro>If in pursuance of the provisions of this Part of this Schedule—</intro><level class="para1" eId="schedule-15-paragraph-14-3-a"><num>(a)</num><content>alternative apparatus of better type, or greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions, except where this has been solely due to using the nearest currently available type, or</content></level><level class="para1" eId="schedule-15-paragraph-14-3-b"><num>(b)</num><content>apparatus (whether existing apparatus or alternative apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,</content></level><wrapUp>and the placing of apparatus of that type or capacity or of those dimensions, or the placing of apparatus at that depth, as the case may be, is not agreed by the nominated undertaker or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the construction of works under paragraph 6 above exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the undertakers by virtue of sub-paragraph (1) above shall be reduced by the amount of that excess.</wrapUp></subparagraph><subparagraph eId="schedule-15-paragraph-14-4"><num>(4)</num><intro>For the purposes of sub-paragraph (3) above—</intro><level class="para1" eId="schedule-15-paragraph-14-4-a"><num>(a)</num><content>an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended serves a purpose (either additional to or instead of that served by the existing apparatus) which was not served by the existing apparatus, and</content></level><level class="para1" eId="schedule-15-paragraph-14-4-b"><num>(b)</num><content>where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.</content></level></subparagraph><subparagraph eId="schedule-15-paragraph-14-5"><num>(5)</num><content>An amount which apart from this sub-paragraph would be payable to the undertakers in respect of works by virtue of this paragraph shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7½ years earlier so as to confer on the undertakers any financial benefit by deferment of the time for renewal of the apparatus or of the system of which it forms part in the ordinary course, be reduced by the amount which represents that benefit.</content></subparagraph><subparagraph eId="schedule-15-paragraph-14-6"><num>(6)</num><content>In any case where work is carried out by the nominated undertaker pursuant to paragraph 9 above and, if such work had been carried out by the undertakers, the repayment made to the undertakers under this paragraph would fall to be reduced pursuant to sub-paragraphs (3) to (5) above, the undertakers shall pay to the nominated undertaker such sum as represents the amount of that reduction.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-15" class="schProv1"><num>15</num><subparagraph eId="schedule-15-part-II-paragraph-15-1"><num>(1)</num><intro>Subject to sub-paragraphs (2) and (3) below, if by reason or in consequence of the construction of any of the works authorised by Part I of this Act, or any subsidence resulting from any of those works, any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of the undertakers, or there is any interruption in any service provided, or in the supply of any goods, by any of the undertakers, the nominated undertaker shall bear and pay the cost reasonably incurred by the undertakers in making good such damage or restoring the supply and shall—</intro><level class="para1" eId="schedule-15-paragraph-15-1-a"><num>(a)</num><content>make reasonable compensation to the undertakers for loss sustained by them, and</content></level><level class="para1" eId="schedule-15-paragraph-15-1-b"><num>(b)</num><content>indemnify the undertakers against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, the undertakers,</content></level><wrapUp>by reason or in consequence of any such damage or interruption.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-15-2"><num>(2)</num><content>Nothing in sub-paragraph (1) above shall impose any liability on the nominated undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of the undertakers, their officers, servants, contractors or agents.</content></subparagraph><subparagraph eId="schedule-15-paragraph-15-3"><num>(3)</num><content>The undertakers shall give the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the consent of the nominated undertaker which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-16" class="schProv1"><num>16</num><content>The nominated undertaker shall, so far as is reasonably practicable, so exercise its powers under paragraphs 6 and 7 of Schedule 2 to this Act as not to obstruct or render less convenient the access to any apparatus.</content></paragraph><paragraph eId="schedule-15-part-II-paragraph-17" class="schProv1"><num>17</num><content>Notwithstanding the temporary stopping up or diversion of any highway under paragraph 6 of Schedule 3 to this Act, the undertakers may do all such works and things in any such highway as may be reasonably necessary to enable them to inspect, repair, maintain, renew, remove or use any apparatus which at the time of the stopping up or diversion was in that highway.</content></paragraph><paragraph eId="schedule-15-part-II-paragraph-18" class="schProv1"><num>18</num><subparagraph eId="schedule-15-paragraph-18-1"><num>(1)</num><content>Any dispute arising between the nominated undertaker and the undertakers under this Part of this Schedule (other than a dispute under paragraph 5(1) to (4) above) shall be determined by an arbitrator who shall be appointed by agreement between the parties or, in default of such agreement, shall be the Secretary of State.</content></subparagraph><subparagraph eId="schedule-15-paragraph-18-2"><num>(2)</num><content>In determining any such dispute the arbitrator may, if he thinks fit, require the nominated undertaker to construct any temporary or other works so as to avoid, so far as reasonably possible, interference with the use of any apparatus.</content></subparagraph></paragraph></part>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-15-part-II-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-II-paragraph-1-1"><num>(1)</num><content>The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and the undertakers concerned, have effect.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-1-2"><num>(2)</num><hcontainer name="wrapper2"><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-alternative-apparatus" eId="term-alternative-apparatus">alternative apparatus</term>” means alternative apparatus adequate to enable the undertakers to fulfil their functions as effectively as is achievable using the apparatus which the alternative apparatus is to replace;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-apparatus" eId="term-apparatus">apparatus</term>” means—</content></hcontainer><level class="para1" eId="schedule-15-paragraph-1-2-a"><num>(a)</num><content>in the case of electricity undertakers, electric lines or electrical plant (as defined in the <noteRef href="#c1252320" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Electricity Act 1989) belonging to, or maintained by, such undertakers;</content></level><level class="para1" eId="schedule-15-paragraph-1-2-b"><num>(b)</num><content>in the case of gas undertakers, mains, pipes or other apparatus belonging to, or maintained by, a public gas transporter for the purposes of gas supply;</content></level><level class="para1" eId="schedule-15-paragraph-1-2-c"><num>(c)</num><content>in the case of water undertakers, mains, pipes or other apparatus belonging to, or maintained by, such undertakers for the purposes of water supply; and</content></level><level class="para1" eId="schedule-15-paragraph-1-2-d"><num>(d)</num><content>in the case of sewerage undertakers, any sewer, drain or works vested in a sewerage undertaker under the <noteRef href="#c1252321" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Industry Act 1991 and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works;</content></level></hcontainer><hcontainer name="wrapper2"><intro>(not being, except in paragraph 17 below, apparatus in respect of which the relations between the nominated undertaker and the undertakers are regulated by the provisions of Part III of the New Roads and Street Works Act 1991) and includes any structure for the lodging therein of apparatus or for giving access to apparatus;</intro><hcontainer name="definition"><content>“<term refersTo="#term-construction" eId="term-construction">construction</term>” includes execution, placing, altering, replacing, relaying and removal and, in its application to works which include or comprise any operation, means the carrying out of that operation;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-functions" eId="term-functions">functions</term>” includes powers and duties;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-in" eId="term-in">in</term>” in a context referring to apparatus in land includes under, over, across, along or upon land;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-plans" eId="term-plans">plans</term>” includes sections and method statements;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-service-obligations" eId="term-service-obligations">service obligations</term>” means any service obligation imposed on the undertakers by or under the enactments authorising them to carry on their respective undertakings; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-undertakers" eId="term-undertakers">undertakers</term>” means any of the following, namely, a licence holder within the meaning of Part I of the Electricity Act 1989, a public gas supplier within the meaning of Part I of the <noteRef href="#c1252322" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Gas Act 1986, a water undertaker within the meaning of the <noteRef href="#c1252323" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Industry Act 1991, a sewerage undertaker within Part I of that Act and any local authority which is a relevant authority for the purposes of section 97 of that Act; and, in relation to any apparatus, means the undertakers to whom it belongs or by whom it is maintained.</content></hcontainer></hcontainer></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-15-part-II-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-15-part-II-paragraph-2-1"><num>(1)</num><content>The following provisions of this paragraph have effect in any case where the Secretary of State or the nominated undertaker, in exercise of the powers of Part I of this Act, acquires any interest in or temporarily occupies any land in which apparatus is placed.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-2-2"><num>(2)</num><intro>Unless a certificate is issued by <ins class="first last" ukl:ChangeId="d29p21733" ukl:CommentaryRef="c1252331"><noteRef uk:name="commentary" href="#c1252331" class="commentary"/>the appropriate Minister</ins> under sub-paragraph (3) below the apparatus shall not be removed under this Part of this Schedule, and any right of the undertakers to maintain, repair, renew, adjust, alter or inspect the apparatus in that land shall not be extinguished—</intro><level class="para1" eId="schedule-15-part-II-paragraph-2-2-a"><num>(a)</num><content>in the case of a right to adjust or alter apparatus, until 28 days after the nominated undertaker has given the undertakers in whom the right is vested a preliminary notice under paragraph 4 below in respect of land to which the right relates, or, if earlier, the date on which the nominated undertaker commences any work on that land, and</content></level><level class="para1" eId="schedule-15-part-II-paragraph-2-2-b"><num>(b)</num><content>in any other case, until any necessary alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the undertakers.</content></level></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-2-3"><num>(3)</num><intro>Where <ins class="first last" ukl:ChangeId="d29p21755" ukl:CommentaryRef="c1252332"><noteRef uk:name="commentary" href="#c1252332" class="commentary"/>the appropriate Minister certifies</ins> in relation to any apparatus that—</intro><level class="para1" eId="schedule-15-part-II-paragraph-2-3-a"><num>(a)</num><content>failure to remove the apparatus would cause undue delay to the construction of the scheduled works, and</content></level><level class="para1" eId="schedule-15-part-II-paragraph-2-3-b"><num>(b)</num><content>the removal of the apparatus before the provision of alternative apparatus in accordance with this paragraph would not substantially prejudice the ability of the undertakers to meet any relevant service obligations,</content></level><wrapUp>that apparatus may be removed (or required by the nominated undertaker to be removed) under this Part of this Schedule before any necessary alternative apparatus has been constructed or is in operation to the reasonable satisfaction of the undertakers.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-2-4"><num><ins class="first" ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333"><noteRef uk:name="commentary" href="#c1252333" class="commentary"/>(4)</ins></num><intro><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333">In this paragraph, “appropriate Minister” means—</ins></intro><level class="para1" eId="schedule-15-part-II-paragraph-2-4-a"><num><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333">(a)</ins></num><content><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333">in cases relating to apparatus belonging to, or maintained by, electricity or gas undertakers, </ins><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333"><ins class="first last" ukl:ChangeId="d29p21786" ukl:CommentaryRef="c1252334"><noteRef uk:name="commentary" href="#c1252334" class="commentary"/>the Secretary of State for Transport</ins></ins><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333"> and </ins><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333"><ins class="substitution first last" ukl:ChangeId="key-464e187aae61b79fd494becc41276bc6-1686916484710" ukl:CommentaryRef="key-464e187aae61b79fd494becc41276bc6"><noteRef uk:name="commentary" href="#key-464e187aae61b79fd494becc41276bc6" class="commentary"/>the Secretary of State for Energy Security and Net Zero</ins></ins><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333"> acting jointly, and</ins></content></level><level class="para1" eId="schedule-15-part-II-paragraph-2-4-b"><num><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333">(b)</ins></num><content><ins class="last" ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333">in any other case, the Secretary of State.</ins></content></level></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-II-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-15-part-II-paragraph-3-1"><num>(1)</num><content>Before exercising any right to adjust or alter apparatus pursuant to paragraph 2(2) above the undertakers concerned shall give the nominated undertaker not less than 28 days’ written notice of the proposed alteration or adjustment, together with plans and specifications.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-3-2"><num>(2)</num><content>Any altered or adjusted apparatus shall be constructed in such line or situation, at such depth and in accordance with such specification as the nominated undertaker may reasonably require for the purpose of securing that (so far as reasonably practicable at the time the requirement is imposed) the apparatus as altered or adjusted will accommodate any work authorised by Part I of this Act.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-3-3"><num>(3)</num><intro>Such apparatus shall be constructed in such manner, and in accordance with such programme, as is agreed between the undertakers and the nominated undertaker with a view to securing, among other things—</intro><level class="para1" eId="schedule-15-part-II-paragraph-3-3-a"><num>(a)</num><content>the efficient implementation of the necessary work,</content></level><level class="para1" eId="schedule-15-part-II-paragraph-3-3-b"><num>(b)</num><content>the avoidance of delay or any other adverse effect on the programme for any works to be carried out by the nominated undertaker under Part I of this Act, and</content></level><level class="para1" eId="schedule-15-paragraph-3-3-c"><num>(c)</num><content>the continued fulfilment by the undertakers of their service obligations to a standard no less than that achieved prior to the making of the alteration or adjustment.</content></level></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-3-4"><num>(4)</num><content>If under sub-paragraph (2) above the nominated undertaker requires the altered or adjusted apparatus to be constructed in land other than that in which the undertakers have a right to construct it, paragraph 6(2) and (3) below shall apply to the provision of the requisite facilities and rights as if the apparatus were alternative apparatus.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-3-5"><num>(5)</num><content>If any requirement made by the nominated undertaker under sub-paragraph (2) above involves cost in the construction of works under this paragraph exceeding that which would have been involved had the apparatus been altered or adjusted as proposed by the undertakers, and in the absence of the undertakers’ proposals the nominated undertaker would have required the removal of the apparatus, the nominated undertaker shall repay to the undertakers the amount of the excess.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-II-paragraph-4" class="schProv1"><num>4</num><content>The nominated undertaker shall give the undertakers not less than 28 days’ written preliminary notice of the nominated undertaker’s intention to give notice under paragraph 6(1)(a) below in respect of apparatus in any land.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-II-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-15-part-II-paragraph-5-1"><num>(1)</num><content>If the undertakers desire to alter or adjust any apparatus which has not been the subject of a notice under paragraph 6(1)(a) below after the extinguishment of their right to do so, they shall (except in the case of works of repair or renewal required in an emergency) submit to the nominated undertaker plans and specifications of the proposed work and such further particulars as the nominated undertaker may reasonably require.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-5-2"><num>(2)</num><content>Any work in respect of which the undertakers are subject to an obligation under sub-paragraph (1) above shall not be constructed except in accordance with such plans as may be approved in writing by the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-5-3"><num>(3)</num><intro>Any approval of the nominated undertaker required under this paragraph—</intro><level class="para1" eId="schedule-15-paragraph-5-3-a"><num>(a)</num><content>shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the plans for approval, and</content></level><level class="para1" eId="schedule-15-paragraph-5-3-b"><num>(b)</num><content>may be given subject to such requirements as the nominated undertaker may make for the purpose of securing that the work does not interfere with the construction or operation of any work authorised by Part I of this Act or for the protection of any such work.</content></level></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-5-4"><num>(4)</num><content>The requirements which the nominated undertaker may make under sub-paragraph (3) above include requirements as to the construction of protective works and the person by whom the works are to be constructed.</content></subparagraph><subparagraph eId="schedule-15-paragraph-5-5"><num>(5)</num><content>Any work constructed under this paragraph shall be constructed with all reasonable despatch under the superintendence (if given) and to the reasonable satisfaction of the nominated undertaker.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-II-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-15-part-II-paragraph-6-1"><num>(1)</num><intro>This paragraph applies where—</intro><level class="para1" eId="schedule-15-part-II-paragraph-6-1-a"><num>(a)</num><content>the nominated undertaker for the purpose of constructing any work authorised by Part I of this Act in, on or under any land, requires the removal of any apparatus placed in that land, and gives the undertakers not less than 28 days’ written notice of that requirement, together with a plan of the proposed work, and of the proposed position of the alternative apparatus to be provided or constructed, or</content></level><level class="para1" eId="schedule-15-part-II-paragraph-6-1-b"><num>(b)</num><content>in consequence of the exercise of any of the powers of Part I of this Act, the undertakers reasonably require to remove any apparatus.</content></level></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-6-2"><num>(2)</num><content>Subject to sub-paragraph (3) below, the nominated undertaker or the Secretary of State shall afford the undertakers the requisite facilities and rights for the construction of any necessary alternative apparatus in other land which is available for the purpose and which is held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, or in which either of them has sufficient rights or interests and thereafter for the maintenance, repair, renewal and inspection of such apparatus.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-6-3"><num>(3)</num><content>Sub-paragraph (4) below applies where facilities and rights required for the construction of apparatus under sub-paragraph (2) above are to be afforded elsewhere than in such other land and neither the nominated undertaker nor the Secretary of State is able to afford such facilities and rights.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-6-4"><num>(4)</num><content>The undertakers shall, on receipt of a written notice from the nominated undertaker that this sub-paragraph applies, forthwith use their best endeavours to obtain the necessary facilities and rights; and neither the nominated undertaker nor the Secretary of State shall be under an obligation as to the provision of such facilities and rights in the other land.</content></subparagraph><subparagraph eId="schedule-15-paragraph-6-5"><num>(5)</num><content>The obligation imposed by sub-paragraph (4) above shall not extend to the exercise by the undertakers of any power to acquire by way of compulsory purchase order any land or rights in land, other than any power which may be exercisable by them under paragraph 10 of Schedule 4 to this Act.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-II-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-15-part-II-paragraph-7-1"><num>(1)</num><content>Any alternative apparatus to be constructed by the undertakers in pursuance of paragraph 6 above in land held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, or in which the undertakers have obtained the necessary facilities and rights, shall be constructed in such manner, and in such line or situation and in accordance with such programme, as is agreed between the undertakers and the nominated undertaker with a view to securing, among other things, the efficient implementation of the necessary work, the avoidance of unnecessary delay and the continued fulfilment by the undertakers of their service obligations to a standard no less than that achieved prior to the removal of the apparatus which the alternative apparatus replaces, or, in default of agreement, determined by arbitration under paragraph 18 below.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-7-2"><num>(2)</num><content>If the undertakers fail to comply with an agreement made under sub-paragraph (1) above, or with the decision of an arbitrator under paragraph 18 below, they shall be liable to compensate the nominated undertaker in respect of any loss or damage (other than loss of, or arising from delayed receipt of, operating revenue due to delayed opening of the rail link) directly resulting from the failure.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-II-paragraph-8" class="schProv1"><num>8</num><content>The undertakers shall, after the manner of construction and the line and situation of any necessary alternative apparatus have been agreed or determined as aforesaid, and after the grant to or obtaining by the undertakers of any such facilities and rights as are referred to in paragraph 6 above, proceed with all reasonable despatch to construct and bring into operation the alternative apparatus and to remove any apparatus required by the nominated undertaker to be removed under the provisions of this Part of this Schedule and, in default, the nominated undertaker may remove that apparatus.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-II-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-15-part-II-paragraph-9-1"><num>(1)</num><content>If the nominated undertaker gives notice in writing to the undertakers that it desires to carry out any part of so much of the work necessary in connection with the construction of the alternative apparatus, or the removal of the apparatus required to be removed, as is or will be situate in any lands held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, such work, instead of being carried out by the undertakers, shall be carried out by the nominated undertaker in accordance with plans and specifications and in a position agreed between the undertakers and the nominated undertaker, or, in default of agreement, determined by arbitration under paragraph 18 below, with all reasonable despatch under the superintendence (if given) and to the reasonable satisfaction of the undertakers.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-9-2"><num>(2)</num><content>Nothing in this paragraph shall authorise the nominated undertaker to carry out any connection to or disconnection of any existing apparatus.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-II-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-15-part-II-paragraph-10-1"><num>(1)</num><content>Where, in accordance with the provisions of this Part of this Schedule, the nominated undertaker or the Secretary of State affords to the undertakers facilities and rights for the construction, maintenance, repair, renewal and inspection on land held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State of alternative apparatus, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the nominated undertaker or, as the case may be, the Secretary of State, and the undertakers or, in default of agreement, determined by arbitration under paragraph 18 below.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-10-2"><num>(2)</num><intro>In determining such terms and conditions as aforesaid in respect of alternative apparatus to be constructed across or along any works authorised by Part I of this Act the arbitrator shall—</intro><level class="para1" eId="schedule-15-paragraph-10-2-a"><num>(a)</num><content>give effect to all reasonable requirements of the nominated undertaker for ensuring the safety and efficient operation of those works and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the nominated undertaker or the use of the same, and</content></level><level class="para1" eId="schedule-15-paragraph-10-2-b"><num>(b)</num><content>so far as it may be reasonable and practicable to do so in the circumstances of the case, give effect to the terms and conditions (if any) applicable to the apparatus for which the alternative apparatus is to be substituted and have regard to the undertakers’ ability to fulfil their service obligations.</content></level></subparagraph><subparagraph eId="schedule-15-paragraph-10-3"><num>(3)</num><content>If the facilities and rights to be afforded by the nominated undertaker or the Secretary of State in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted are, in the opinion of the arbitrator, more or less favourable on the whole to the undertakers than the facilities, rights, terms and conditions applying to the apparatus to be removed, the arbitrator shall make such provision for the payment of compensation to or by the nominated undertaker or the Secretary of State to or by the undertakers in respect thereof as appears to him to be reasonable having regard to all the circumstances of the case.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-II-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-15-part-II-paragraph-11-1"><num>(1)</num><content>Not less than 28 days before commencing to construct any work authorised by Part I of this Act which is near to, or will or may affect, any apparatus the removal of which has not been required by the nominated undertaker under paragraph 6 above, the nominated undertaker shall submit to the undertakers a plan and description of the work and of any protective measures which the nominated undertaker proposes to take in respect of that apparatus, together with a specification of such measures where appropriate.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-11-2"><num>(2)</num><content>The work shall be constructed only in accordance with the plan and description submitted as aforesaid and in accordance with such reasonable requirements as may be made by the undertakers for the alteration or otherwise for the protection of the apparatus or for securing access thereto, and the undertakers shall be entitled by their officer to watch and inspect the construction of the work.</content></subparagraph><subparagraph eId="schedule-15-paragraph-11-3"><num>(3)</num><content>If the undertakers within 14 days after the submission to them of any such plan and description shall, in consequence of the works proposed by the nominated undertaker, reasonably require the removal of any apparatus and give written notice to the nominated undertaker of that requirement, this Part of this Schedule shall have effect as if the removal of such apparatus had been required by the nominated undertaker under paragraph 6 above.</content></subparagraph><subparagraph eId="schedule-15-paragraph-11-4"><num>(4)</num><content>Nothing in sub-paragraphs (1) to (3) above shall preclude the nominated undertaker from submitting at any time, or from time to time, but in no case less than 28 days before commencing the construction of the work, a new plan and description thereof in lieu of the plan and description previously submitted, and thereupon the provisions of those sub-paragraphs shall apply to and in respect of the new plan and description.</content></subparagraph><subparagraph eId="schedule-15-paragraph-11-5"><num>(5)</num><content>The nominated undertaker shall not be required to comply with sub-paragraphs (1) to (3) above in a case of emergency but in such a case it shall give notice to the undertakers as soon as reasonably practicable and a plan and description of those works as soon as reasonably practicable thereafter, and shall comply with those sub-paragraphs so far as reasonably practicable in the circumstances.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-II-paragraph-12" class="schProv1"><num>12</num><content>If in consequence of the exercise of the powers of Part I of this Act the access to any apparatus is materially obstructed the nominated undertaker shall, so far as reasonably practicable, provide alternative means of access to such apparatus which is no less convenient than the access enjoyed by the undertakers prior to the obstruction.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-II-paragraph-13" class="schProv1"><num>13</num><content>Where, in consequence of Part I of this Act, any part of any highway in which any apparatus is situate ceases to be part of a highway, the undertakers may exercise the same rights of access to such apparatus as they enjoyed immediately before the passing of Part I of this Act, but nothing in this paragraph shall affect any right of the nominated undertaker or of the undertakers to require removal of that apparatus under this Part of this Schedule or the power of the nominated undertaker to construct works in accordance with paragraph 11 above.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-II-paragraph-14" class="schProv1"><num>14</num><subparagraph eId="schedule-15-paragraph-14-1"><num>(1)</num><intro>Subject to the following provisions of this paragraph, the nominated undertaker shall repay to the undertakers the reasonable expenses incurred by the undertakers in, or in connection with—</intro><level class="para1" eId="schedule-15-paragraph-14-1-a"><num>(a)</num><content>the removal and relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus under any provision of this Part of this Schedule,</content></level><level class="para1" eId="schedule-15-paragraph-14-1-b"><num>(b)</num><content>the cutting off of any apparatus from any other apparatus in consequence of the exercise by the nominated undertaker of any power under Part I of this Act, and</content></level><level class="para1" eId="schedule-15-paragraph-14-1-c"><num>(c)</num><content>any other work or thing rendered reasonably necessary in consequence of the exercise by the nominated undertaker of any such power.</content></level></subparagraph><subparagraph eId="schedule-15-paragraph-14-2"><num>(2)</num><content>There shall be deducted from any sum payable under sub-paragraph (1) above the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal.</content></subparagraph><subparagraph eId="schedule-15-paragraph-14-3"><num>(3)</num><intro>If in pursuance of the provisions of this Part of this Schedule—</intro><level class="para1" eId="schedule-15-paragraph-14-3-a"><num>(a)</num><content>alternative apparatus of better type, or greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions, except where this has been solely due to using the nearest currently available type, or</content></level><level class="para1" eId="schedule-15-paragraph-14-3-b"><num>(b)</num><content>apparatus (whether existing apparatus or alternative apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,</content></level><wrapUp>and the placing of apparatus of that type or capacity or of those dimensions, or the placing of apparatus at that depth, as the case may be, is not agreed by the nominated undertaker or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the construction of works under paragraph 6 above exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the undertakers by virtue of sub-paragraph (1) above shall be reduced by the amount of that excess.</wrapUp></subparagraph><subparagraph eId="schedule-15-paragraph-14-4"><num>(4)</num><intro>For the purposes of sub-paragraph (3) above—</intro><level class="para1" eId="schedule-15-paragraph-14-4-a"><num>(a)</num><content>an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended serves a purpose (either additional to or instead of that served by the existing apparatus) which was not served by the existing apparatus, and</content></level><level class="para1" eId="schedule-15-paragraph-14-4-b"><num>(b)</num><content>where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.</content></level></subparagraph><subparagraph eId="schedule-15-paragraph-14-5"><num>(5)</num><content>An amount which apart from this sub-paragraph would be payable to the undertakers in respect of works by virtue of this paragraph shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7½ years earlier so as to confer on the undertakers any financial benefit by deferment of the time for renewal of the apparatus or of the system of which it forms part in the ordinary course, be reduced by the amount which represents that benefit.</content></subparagraph><subparagraph eId="schedule-15-paragraph-14-6"><num>(6)</num><content>In any case where work is carried out by the nominated undertaker pursuant to paragraph 9 above and, if such work had been carried out by the undertakers, the repayment made to the undertakers under this paragraph would fall to be reduced pursuant to sub-paragraphs (3) to (5) above, the undertakers shall pay to the nominated undertaker such sum as represents the amount of that reduction.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-II-paragraph-15" class="schProv1"><num>15</num><subparagraph eId="schedule-15-part-II-paragraph-15-1"><num>(1)</num><intro>Subject to sub-paragraphs (2) and (3) below, if by reason or in consequence of the construction of any of the works authorised by Part I of this Act, or any subsidence resulting from any of those works, any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of the undertakers, or there is any interruption in any service provided, or in the supply of any goods, by any of the undertakers, the nominated undertaker shall bear and pay the cost reasonably incurred by the undertakers in making good such damage or restoring the supply and shall—</intro><level class="para1" eId="schedule-15-paragraph-15-1-a"><num>(a)</num><content>make reasonable compensation to the undertakers for loss sustained by them, and</content></level><level class="para1" eId="schedule-15-paragraph-15-1-b"><num>(b)</num><content>indemnify the undertakers against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, the undertakers,</content></level><wrapUp>by reason or in consequence of any such damage or interruption.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-15-2"><num>(2)</num><content>Nothing in sub-paragraph (1) above shall impose any liability on the nominated undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of the undertakers, their officers, servants, contractors or agents.</content></subparagraph><subparagraph eId="schedule-15-paragraph-15-3"><num>(3)</num><content>The undertakers shall give the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the consent of the nominated undertaker which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-II-paragraph-16" class="schProv1"><num>16</num><content>The nominated undertaker shall, so far as is reasonably practicable, so exercise its powers under paragraphs 6 and 7 of Schedule 2 to this Act as not to obstruct or render less convenient the access to any apparatus.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-II-paragraph-17" class="schProv1"><num>17</num><content>Notwithstanding the temporary stopping up or diversion of any highway under paragraph 6 of Schedule 3 to this Act, the undertakers may do all such works and things in any such highway as may be reasonably necessary to enable them to inspect, repair, maintain, renew, remove or use any apparatus which at the time of the stopping up or diversion was in that highway.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-II-paragraph-18" class="schProv1"><num>18</num><subparagraph eId="schedule-15-paragraph-18-1"><num>(1)</num><content>Any dispute arising between the nominated undertaker and the undertakers under this Part of this Schedule (other than a dispute under paragraph 5(1) to (4) above) shall be determined by an arbitrator who shall be appointed by agreement between the parties or, in default of such agreement, shall be the Secretary of State.</content></subparagraph><subparagraph eId="schedule-15-paragraph-18-2"><num>(2)</num><content>In determining any such dispute the arbitrator may, if he thinks fit, require the nominated undertaker to construct any temporary or other works so as to avoid, so far as reasonably possible, interference with the use of any apparatus.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-III-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-III-paragraph-1-1"><num>(1)</num><content>The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and the Agency, have effect.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-1-2"><num>(2)</num><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-the-agency" eId="term-the-agency">the Agency</term>” means the Environment Agency;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-construction" eId="term-construction">construction</term>” includes execution, placing, altering, replacing, relaying and removal;</content></hcontainer><hcontainer name="definition"><intro>“<term refersTo="#term-drainage-work" eId="term-drainage-work">drainage work</term>” means any watercourse and includes any land which is expected to provide flood storage capacity for any watercourse at intervals not less frequent than—</intro><level class="para1"><num>(a)</num><content>in the case of land in a rural area, once in 50 years, and</content></level><level class="para1"><num>(b)</num><content>in the case of land in an urban area, once in 100 years,</content></level><wrapUp>or, if more frequent, the appropriate return period for the watercourse for which capacity is provided, and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;</wrapUp></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-fishery" eId="term-fishery">fishery</term>” means any waters containing fish and fish in, or migrating to or from such waters and the spawn, spawning grounds or food of such fish;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-plans" eId="term-plans">plans</term>” includes sections, drawings, specifications and method statements;</content></hcontainer><hcontainer name="definition"><intro>“<term refersTo="#term-specified-work" eId="term-specified-work">specified work</term>” means so much of any permanent or temporary work authorised by Part I of this Act (which includes, for the avoidance of doubt, any dredging and any geotechnical investigations that may be undertaken) as is likely to—</intro><level class="para1"><num>(a)</num><content>affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;</content></level><level class="para1"><num>(b)</num><content>affect the flow, purity or quality of water in any watercourse or other surface waters or ground water;</content></level><level class="para1"><num>(c)</num><content>cause obstruction to the free passage of fish or damage to any fishery; or</content></level><level class="para1"><num>(d)</num><content>affect the conservation, distribution or use of water resources; and</content></level></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-watercourse" eId="term-watercourse">watercourse</term>” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer.</content></hcontainer></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-III-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-15-part-III-paragraph-2-1"><num>(1)</num><content>Before beginning to construct any specified work, the nominated undertaker shall submit to the Agency plans of the work and such further particulars available to it as the Agency may within 14 days of the submission of the plans reasonably require.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-2-2"><num>(2)</num><content>Any such specified work shall not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 12 below.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-2-3"><num>(3)</num><intro>Any approval of the Agency required under this paragraph—</intro><level class="para1" eId="schedule-15-part-III-paragraph-2-3-a"><num>(a)</num><content>shall not be unreasonably withheld;</content></level><level class="para1" eId="schedule-15-part-III-paragraph-2-3-b"><num>(b)</num><content>shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the plans for approval; and</content></level><level class="para1" eId="schedule-15-paragraph-2-3-c"><num>(c)</num><content>may be given subject to such reasonable requirements as the Agency may make for the protection of any drainage work or fishery or for the protection of water resources, or for the prevention of flooding or pollution.</content></level></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-III-paragraph-3" class="schProv1"><num>3</num><intro>The requirements which the Agency may make under paragraph 2 above include conditions requiring the nominated undertaker at its own expense to construct such protective works (including any new works as well as alterations to existing works) as are reasonably necessary—</intro><level class="para1" eId="schedule-15-paragraph-3-a"><num>(a)</num><content>to safeguard any drainage work against damage, or</content></level><level class="para1" eId="schedule-15-paragraph-3-b"><num>(b)</num><content>to secure that its efficiency for flood defence purposes is not impaired,</content></level><wrapUp>during the construction of the specified work.</wrapUp></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-III-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-15-part-III-paragraph-4-1"><num>(1)</num><content>Any specified work, and all protective works required by the Agency under paragraph 2 above, shall be constructed to the reasonable satisfaction of the Agency and the Agency shall be entitled by its officer to watch and inspect the construction of such works.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-4-2"><num>(2)</num><content>The nominated undertaker shall give to the Agency not less than 14 days’ notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is brought into use.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-4-3"><num>(3)</num><content>If any part of the works comprising a structure in, over or under a watercourse is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the Agency may by notice in writing require the nominated undertaker at the nominated undertaker’s own expense to comply with the requirements of this Part of this Schedule or (if the nominated undertaker so elects and the Agency in writing consents, such consent not to be unreasonably withheld) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-4-4"><num>(4)</num><content>Subject to sub-paragraph (5) below, if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (3) above is served upon the nominated undertaker, it has failed to begin taking steps to comply with the requirements of the notice and thereafter to make reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any expenditure incurred by it in so doing shall be recoverable from the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-4-5"><num>(5)</num><content>In the event of any dispute as to whether sub-paragraph (3) above is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency shall not except in an emergency exercise the powers conferred by sub-paragraph (4) above until the dispute has been finally determined.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-III-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-15-part-III-paragraph-5-1"><num>(1)</num><content>Any work constructed under Part I of this Act for the purpose of providing a flood defence shall be maintained to the reasonable satisfaction of the Agency by the person who has control of the work.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-5-2"><num>(2)</num><content>If any such work is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require that person to repair and restore the work, or any part thereof, or (if the person having control of the work so elects and the Agency in writing consents, such consent not to be unreasonably withheld), to remove the work and restore the site (including any sea defences) to its former condition, to such extent and within such limits as the Agency reasonably requires.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-5-3"><num>(3)</num><content>If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any work is served under sub-paragraph (2) above on the person who has control of that work, that person has failed to begin taking steps to comply with the reasonable requirements of the notice and has not thereafter made reasonably expeditious progress towards their implementation, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from that person.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-5-4"><num>(4)</num><content>In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2) above, the Agency shall not except in a case of immediate foreseeable need exercise the powers of sub-paragraph (3) above until the dispute has been finally determined.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-III-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-15-part-III-paragraph-6-1"><num>(1)</num><content>If by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes is impaired, or that work is otherwise damaged, so as to require remedial action, such impairment or damage shall be made good by the nominated undertaker to the reasonable satisfaction of the Agency.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-6-2"><num>(2)</num><content>If such impaired or damaged drainage work for flood defence purposes is not made good to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the nominated undertaker to restore it to its former standard of efficiency or where necessary to construct some other work in substitution therefor.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-6-3"><num>(3)</num><content>If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of impaired or damaged drainage work for flood defence purposes is served under sub-paragraph (2) above on the nominated undertaker, the nominated undertaker has failed to begin taking steps to comply with the requirements of the notice and has not thereafter made reasonably expeditious progress towards its implementation, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-6-4"><num>(4)</num><content>In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2) above, the Agency shall not except in a case of immediate foreseeable need exercise the powers conferred by sub-paragraph (3) above until the dispute has been finally determined.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-III-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-15-part-III-paragraph-7-1"><num>(1)</num><content>The nominated undertaker shall take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in any fishery during the construction of any specified work.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-7-2"><num>(2)</num><intro>If by reason of—</intro><level class="para1" eId="schedule-15-paragraph-7-2-a"><num>(a)</num><content>the construction of any specified work, or</content></level><level class="para1" eId="schedule-15-paragraph-7-2-b"><num>(b)</num><content>the failure of any such work,</content></level><wrapUp>damage to a fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency may serve notice on the nominated undertaker requiring it to take such steps as may be reasonably practicable to make good the damage or, as the case may be, to protect the fishery against such damage.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-7-3"><num>(3)</num><content>If, within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Agency of any damage or expected damage to a fishery, the nominated undertaker fails to take such steps as are described in sub-paragraph (2) above, the Agency may take those steps and may recover from the nominated undertaker the expense reasonably incurred by it in doing so.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-7-4"><num>(4)</num><content>In any case where immediate action by the Agency is reasonably required in order to secure that the risk of damage to a fishery is avoided or reduced, the Agency may take such steps as are reasonable for the purpose, and may recover from the nominated undertaker the reasonable cost of so doing provided that notice specifying those steps is served on the nominated undertaker as soon as reasonably practicable after the Agency has taken, or commenced to take, the steps specified in the notice.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-III-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-15-part-III-paragraph-8-1"><num>(1)</num><intro>The nominated undertaker shall indemnify the Agency from all claims, demands, proceedings or damages, which may be made or taken against, or recovered from the Agency by reason of—</intro><level class="para1" eId="schedule-15-paragraph-8-1-a"><num>(a)</num><content>any damage to any drainage work so as to impair its efficiency for flood defence purposes,</content></level><level class="para1" eId="schedule-15-paragraph-8-1-b"><num>(b)</num><content>any damage to a fishery,</content></level><level class="para1" eId="schedule-15-paragraph-8-1-c"><num>(c)</num><content>any raising or lowering of the water table in land adjoining the works authorised by this Act or any sewers, drains and watercourses, or</content></level><level class="para1" eId="schedule-15-paragraph-8-1-d"><num>(d)</num><content>any flooding or increased flooding of any such lands,</content></level><wrapUp>which is caused by, or results from, the construction of any specified work or any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon the work.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-8-2"><num>(2)</num><content>The Agency shall give to the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the consent of the nominated undertaker which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-III-paragraph-9" class="schProv1"><num>9</num><content>Nothing in paragraph 8 above shall require the nominated undertaker to indemnify the Agency in respect of any claim, demand, proceedings or damages which the Agency could reasonably make, take against or recover from any other person.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-III-paragraph-10" class="schProv1"><num>10</num><content>The fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by the Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not relieve the nominated undertaker from any liability under the provisions of this Part of this Schedule.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-15-part-III-paragraph-11" class="schProv1"><num>11</num><content>For the purposes of section 5 of the <noteRef href="#c1252336" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879 and Chapter <abbr class="acronym" title="2">II</abbr> of Part II of the <noteRef href="#c1252337" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Resources Act 1991 (abstraction and impounding of water) and section 109 of that Act (as to structures in, over or under watercourses) as applying to the construction of any specified work, any consent or approval given or deemed to be given by the Agency under this Part of this Schedule with respect to such construction shall be deemed also to constitute an impounding licence under that Chapter or, as the case may be, a consent or approval under those sections, and the nominated undertaker shall not be obliged to serve any notice which would otherwise be required by section 30 of the said Act of 1991 (which relates to the construction of boreholes and similar works in respect of which a licence is not required).</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-15-part-III-paragraph-12" class="schProv1"><num>12</num><subparagraph eId="schedule-15-part-III-paragraph-12-1"><num>(1)</num><content>Any dispute arising between the nominated undertaker and the Agency under this Part of this Schedule shall, if the parties agree, be determined by arbitration, but shall otherwise be determined by <ins class="first last" ukl:ChangeId="d29p22612" ukl:CommentaryRef="c1252338"><noteRef uk:name="commentary" href="#c1252338" class="commentary"/>the appropriate Minister</ins>.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-12-2"><num><ins class="first" ukl:ChangeId="d29p22616" ukl:CommentaryRef="c1252339"><noteRef uk:name="commentary" href="#c1252339" class="commentary"/>(2)</ins></num><intro><ins ukl:ChangeId="d29p22616" ukl:CommentaryRef="c1252339">In sub-paragraph (1) above, the reference to the appropriate Minister—</ins></intro><level class="para1" eId="schedule-15-paragraph-12-2-a"><num><ins ukl:ChangeId="d29p22616" ukl:CommentaryRef="c1252339">(a)</ins></num><content><ins ukl:ChangeId="d29p22616" ukl:CommentaryRef="c1252339">in the case of a dispute concerning fisheries, flood defence or land drainage is to the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly, and</ins></content></level><level class="para1" eId="schedule-15-paragraph-12-2-b"><num><ins ukl:ChangeId="d29p22616" ukl:CommentaryRef="c1252339">(b)</ins></num><content><ins class="last" ukl:ChangeId="d29p22616" ukl:CommentaryRef="c1252339">in the case of any other dispute, is to the Secretary of State.</ins></content></level></subparagraph></paragraph>

<part xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-15-part-IV"><num>Part IV</num><heading><ins class="substitution first last" ukl:ChangeId="key-96fa65e34bb2a48d748affeabd1308a7-1519923335185" ukl:CommentaryRef="key-96fa65e34bb2a48d748affeabd1308a7"><noteRef uk:name="commentary" href="#key-96fa65e34bb2a48d748affeabd1308a7" class="commentary"/> Protection of electronic communications code operators</ins></heading><paragraph eId="schedule-15-part-IV-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-IV-paragraph-1-1"><num>(1)</num><content>The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and <ins class="substitution first last" ukl:ChangeId="M_F_d2f44bcf-7608-4242-d482-cd350b4bd8df-1478975108344" ukl:CommentaryRef="M_F_d2f44bcf-7608-4242-d482-cd350b4bd8df"><noteRef uk:name="commentary" href="#M_F_d2f44bcf-7608-4242-d482-cd350b4bd8df" class="commentary"/>an operator of an electronic communications code network</ins>, have effect.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-1-2"><num>(2)</num><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-the-authorised-works" eId="term-the-authorised-works">the authorised works</term>” means the works authorised by Part I of this Act;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-construction" eId="term-construction">construction</term>” includes installation and “<term refersTo="#term-construct" eId="term-construct">construct</term>” shall be construed accordingly;</content></hcontainer><hcontainer name="definition"><content><noteRef href="#M_F_f182129d-37fc-4eff-c252-691cf1443e76" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer><hcontainer name="definition"><content><noteRef href="#M_F_f182129d-37fc-4eff-c252-691cf1443e76" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer><hcontainer name="definition"><content><noteRef href="#M_F_f182129d-37fc-4eff-c252-691cf1443e76" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer></subparagraph></paragraph><paragraph eId="schedule-15-part-IV-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-15-part-IV-paragraph-2-1"><num>(1)</num><content><ins class="substitution first last" ukl:ChangeId="M_F_07a9b177-4356-40c7-d1b6-a57f687357ef-1519924876431" ukl:CommentaryRef="M_F_07a9b177-4356-40c7-d1b6-a57f687357ef"><noteRef uk:name="commentary" href="#M_F_07a9b177-4356-40c7-d1b6-a57f687357ef" class="commentary"/>Part 6 of Schedule 3A to the Communications Act 2003 (the electronic communications code)</ins> shall not apply for the purposes of the authorised works to the extent that such works are regulated by Part XI of the <noteRef href="#c1252342" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990, sections 84 and 85 of the <noteRef href="#c1252343" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991 (or regulations made under section 85 of that Act) or sub-paragraphs (3) to (8) of paragraph 4 below.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-2-2"><num>(2)</num><intro><ins class="substitution first last" ukl:ChangeId="M_F_cdf97bbe-8597-43d2-bb79-2786086ecd9c-1519924722378" ukl:CommentaryRef="M_F_cdf97bbe-8597-43d2-bb79-2786086ecd9c"><noteRef uk:name="commentary" href="#M_F_cdf97bbe-8597-43d2-bb79-2786086ecd9c" class="commentary"/>Part 10</ins> of the <ins class="substitution first last" ukl:ChangeId="key-332a823529b1e59e65dacf7ba83fab68-1478971855594" ukl:CommentaryRef="key-332a823529b1e59e65dacf7ba83fab68"><noteRef uk:name="commentary" href="#key-332a823529b1e59e65dacf7ba83fab68" class="commentary"/>electronic communications code</ins> shall apply for the purposes of the authorised works, save—</intro><level class="para1" eId="schedule-15-part-IV-paragraph-2-2-a"><num>(a)</num><content>insofar as such works are regulated by the <noteRef href="#c1252344" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991 or any regulation made under that Act; or</content></level><level class="para1" eId="schedule-15-part-IV-paragraph-2-2-b"><num>(b)</num><content>where the nominated undertaker exercises a right under subsection (4)(b) of section 272 of the <noteRef href="#c1252345" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990 or under an order made under that section to remove telecom- munications apparatus.</content></level></subparagraph></paragraph><paragraph eId="schedule-15-part-IV-paragraph-3" class="schProv1"><num>3</num><content>The temporary stopping up or diversion of any highway under paragraph 6 of Schedule 3 to this Act shall not affect any right of <ins class="substitution first last" ukl:ChangeId="key-c02de330873d8e17f19e8ec9fafdff6f-1478972221743" ukl:CommentaryRef="key-c02de330873d8e17f19e8ec9fafdff6f"><noteRef uk:name="commentary" href="#key-c02de330873d8e17f19e8ec9fafdff6f" class="commentary"/>an operator</ins> under <ins class="substitution first last" ukl:ChangeId="M_F_be77e7eb-6195-4cc8-a1d6-a35126dfd14b-1519924489020" ukl:CommentaryRef="M_F_be77e7eb-6195-4cc8-a1d6-a35126dfd14b"><noteRef uk:name="commentary" href="#M_F_be77e7eb-6195-4cc8-a1d6-a35126dfd14b" class="commentary"/>Part 8</ins> of the <ins class="substitution first last" ukl:ChangeId="key-332a823529b1e59e65dacf7ba83fab68-1478971877164" ukl:CommentaryRef="key-332a823529b1e59e65dacf7ba83fab68"><noteRef uk:name="commentary" href="#key-332a823529b1e59e65dacf7ba83fab68" class="commentary"/>electronic communications code</ins> in respect of any apparatus which at the time of the stopping up or diversion is in the highway.</content></paragraph><paragraph eId="schedule-15-part-IV-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-15-part-IV-paragraph-4-1"><num>(1)</num><content>Where a highway is stopped up under paragraph 1 or 2 of Schedule 3 to this Act, <ins class="substitution first last" ukl:ChangeId="key-050b25e060b68b37a599ed285680797a-1478972401733" ukl:CommentaryRef="key-050b25e060b68b37a599ed285680797a"><noteRef uk:name="commentary" href="#key-050b25e060b68b37a599ed285680797a" class="commentary"/>any operator of an electronic communications code network</ins> whose <ins class="substitution first last" ukl:ChangeId="key-ca3a514c6d17ab3cd16de18598408964-1478972084042" ukl:CommentaryRef="key-ca3a514c6d17ab3cd16de18598408964"><noteRef uk:name="commentary" href="#key-ca3a514c6d17ab3cd16de18598408964" class="commentary"/>electronic communications apparatus</ins> is under, over, in, on, along or across that highway may exercise the same rights of access in order to inspect, maintain, adjust, repair or alter that apparatus as if this Act had not been passed, but nothing in this sub-paragraph shall affect any right of the nominated undertaker or <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478972889412" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> to require removal of that apparatus under this Part of this Schedule or the power of the nominated undertaker to alter apparatus in accordance with <ins class="substitution first last" ukl:ChangeId="M_F_61eb0b2c-ef42-4e7a-a89a-d618680b5bd5-1519924221363" ukl:CommentaryRef="M_F_61eb0b2c-ef42-4e7a-a89a-d618680b5bd5"><noteRef uk:name="commentary" href="#M_F_61eb0b2c-ef42-4e7a-a89a-d618680b5bd5" class="commentary"/>Part 10</ins> of the <ins class="substitution first last" ukl:ChangeId="key-332a823529b1e59e65dacf7ba83fab68-1478971897064" ukl:CommentaryRef="key-332a823529b1e59e65dacf7ba83fab68"><noteRef uk:name="commentary" href="#key-332a823529b1e59e65dacf7ba83fab68" class="commentary"/>electronic communications code</ins>.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-4-2"><num>(2)</num><content>The nominated undertaker shall give not less than 28 days’ notice in writing of its intention to stop up any highway under paragraph 1 or 2 of Schedule 3 to this Act to <ins class="substitution first last" ukl:ChangeId="key-050b25e060b68b37a599ed285680797a-1478972663073" ukl:CommentaryRef="key-050b25e060b68b37a599ed285680797a"><noteRef uk:name="commentary" href="#key-050b25e060b68b37a599ed285680797a" class="commentary"/>any operator of an electronic communications code network</ins> whose apparatus is under, over, in, on, along or across the highway.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-4-3"><num>(3)</num><intro>Where a notice under sub-paragraph (2) above has been given, <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478972912022" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins>, if it reasonably considers that it is necessary for the safe and efficient operation and maintenance of the apparatus, may, and if reasonably requested so to do by the nominated undertaker in the notice, shall, as soon as reasonably practicable after the service of the notice—</intro><level class="para1" eId="schedule-15-paragraph-4-3-a"><num>(a)</num><content>remove the apparatus and place it or other apparatus provided in substitution for it in such other position as <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478973212482" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> may reasonably determine and have power to place it, or</content></level><level class="para1" eId="schedule-15-paragraph-4-3-b"><num>(b)</num><content>provide other apparatus in substitution for the existing apparatus and place it in such other position as aforesaid.</content></level></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-4-4"><num>(4)</num><intro>Subject to the following provisions of this paragraph the nominated undertaker shall pay to <ins class="substitution first last" ukl:ChangeId="key-050b25e060b68b37a599ed285680797a-1478972685743" ukl:CommentaryRef="key-050b25e060b68b37a599ed285680797a"><noteRef uk:name="commentary" href="#key-050b25e060b68b37a599ed285680797a" class="commentary"/>any operator of an electronic communications code network</ins> an amount equal to the cost reasonably incurred by <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478973301213" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> in or in connection with—</intro><level class="para1" eId="schedule-15-paragraph-4-4-a"><num>(a)</num><content>the execution of relocation works required in consequence of the stopping up of the highway, and</content></level><level class="para1" eId="schedule-15-paragraph-4-4-b"><num>(b)</num><content>the doing of any other work or thing rendered necessary by the execution of relocation works.</content></level></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-4-5"><num>(5)</num><intro>If in the course of the execution of relocation works under sub-paragraph (3) above—</intro><level class="para1" eId="schedule-15-paragraph-4-5-a"><num>(a)</num><content>apparatus of better type, greater capacity or greater dimensions is placed in substitution for existing apparatus of worse type, smaller capacity or smaller dimensions, except where this has been solely due to using the nearest currently available type, capacity or dimension, or</content></level><level class="para1" eId="schedule-15-paragraph-4-5-b"><num>(b)</num><content>apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which existing apparatus was,</content></level><wrapUp>and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the nominated undertaker, or, in default of agreement, is not determined by arbitration to be necessary in consequence of the construction of the authorised works in order to ensure the continued efficient operation of the <ins class="substitution first last" ukl:ChangeId="key-cf040167d98cde4acfa8d6e5426f0825-1478973673791" ukl:CommentaryRef="key-cf040167d98cde4acfa8d6e5426f0825"><noteRef uk:name="commentary" href="#key-cf040167d98cde4acfa8d6e5426f0825" class="commentary"/>electronic communications code network</ins> of <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478973341774" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this paragraph would be payable to <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478973370414" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> by virtue of sub-paragraph (4) above shall be reduced by the amount of that excess.</wrapUp></subparagraph><subparagraph eId="schedule-15-paragraph-4-6"><num>(6)</num><intro>For the purposes of sub-paragraph (5) above—</intro><level class="para1" eId="schedule-15-paragraph-4-6-a"><num>(a)</num><content>an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended provides more than an equivalent service, and</content></level><level class="para1" eId="schedule-15-paragraph-4-6-b"><num>(b)</num><content>where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole (in either case of such type, capacity and dimensions as shall reasonably be appropriate) shall be treated as if it also had been agreed or had been so determined.</content></level></subparagraph><subparagraph eId="schedule-15-paragraph-4-7"><num>(7)</num><content>The amount which apart from this sub-paragraph would be payable to <ins class="substitution first last" ukl:ChangeId="key-c02de330873d8e17f19e8ec9fafdff6f-1478972247533" ukl:CommentaryRef="key-c02de330873d8e17f19e8ec9fafdff6f"><noteRef uk:name="commentary" href="#key-c02de330873d8e17f19e8ec9fafdff6f" class="commentary"/>an operator</ins> in respect of works by virtue of sub-paragraph (4) above (and having regard, where relevant, to sub-paragraph (5) above) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7½ years earlier so as to confer on the telecom- munications operator any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.</content></subparagraph><subparagraph eId="schedule-15-paragraph-4-8"><num>(8)</num><intro>Sub-paragraphs (4) to (7) above shall not apply where the authorised works constitute major transport works or major highway works for the purpose of Part III of the <noteRef href="#c1252346" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991 (including that provision as applied by paragraph 8 of Schedule 3 to this Act), but instead—</intro><level class="para1" eId="schedule-15-paragraph-4-8-a"><num>(a)</num><content>the allowable costs of any relocation works shall be determined in accordance with section 85 of that Act (sharing of costs of necessary measures) and any regulations for the time being having effect under that section, and</content></level><level class="para1" eId="schedule-15-paragraph-4-8-b"><num>(b)</num><content>the allowable costs shall be borne by the nominated undertaker and <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478973399184" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> in such proportions as may be prescribed by any such regulations.</content></level></subparagraph></paragraph><paragraph eId="schedule-15-part-IV-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-15-part-IV-paragraph-5-1"><num>(1)</num><intro>Subject to sub-paragraphs (2) to (4) below, if by reason or in consequence of the construction of the authorised works or any subsidence resulting from any of those works, any damage is caused to any <ins class="substitution first last" ukl:ChangeId="M_F_2f17b4c9-0056-4c7f-ba8c-b7987d58eae0-1479037998327" ukl:CommentaryRef="M_F_2f17b4c9-0056-4c7f-ba8c-b7987d58eae0"><noteRef uk:name="commentary" href="#M_F_2f17b4c9-0056-4c7f-ba8c-b7987d58eae0" class="commentary"/>electronic communications apparatus</ins>, other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works, or property of the <ins class="substitution first last" ukl:ChangeId="M_F_ceb990c7-45a1-4fa5-ecaf-6cf54e4019cb-1479038232808" ukl:CommentaryRef="M_F_ceb990c7-45a1-4fa5-ecaf-6cf54e4019cb"><noteRef uk:name="commentary" href="#M_F_ceb990c7-45a1-4fa5-ecaf-6cf54e4019cb" class="commentary"/>operator of an electronic communications code network</ins>, or there is any interruption in the supply of the service provided by the <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038316039" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins>, the nominated undertaker shall bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and shall—</intro><level class="para1" eId="schedule-15-paragraph-5-1-a"><num>(a)</num><content>make reasonable compensation to the <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038918739" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins> for loss sustained by it, and</content></level><level class="para1" eId="schedule-15-paragraph-5-1-b"><num>(b)</num><content>indemnify the <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038934409" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins> against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, the operator, by reason or in consequence of any such damage or interruption.</content></level></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-5-2"><num>(2)</num><content>Sub-paragraph (1) above shall not apply to any apparatus in respect of which the relations between the nominated undertaker and the <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038946179" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins> are regulated by the provisions of Part III of the New Roads and Street Works Act 1991 or to any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised works.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-5-3"><num>(3)</num><content>Nothing in sub-paragraph (1) above shall impose any liability on the nominated undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of the <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038955949" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins>, its officers, servants, contractors or agents.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-5-4"><num>(4)</num><content>The <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038964799" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins> shall give the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the consent of the nominated undertaker which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-IV-paragraph-6" class="schProv1"><num>6</num><content>Any dispute arising under this Part of this Schedule shall be determined by an arbitrator who shall be appointed by agreement between the parties or, in default of such agreement, shall be the Secretary of State.</content></paragraph></part>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-15-part-IV-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-IV-paragraph-1-1"><num>(1)</num><content>The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and <ins class="substitution first last" ukl:ChangeId="M_F_d2f44bcf-7608-4242-d482-cd350b4bd8df-1478975108344" ukl:CommentaryRef="M_F_d2f44bcf-7608-4242-d482-cd350b4bd8df"><noteRef uk:name="commentary" href="#M_F_d2f44bcf-7608-4242-d482-cd350b4bd8df" class="commentary"/>an operator of an electronic communications code network</ins>, have effect.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-1-2"><num>(2)</num><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-the-authorised-works" eId="term-the-authorised-works">the authorised works</term>” means the works authorised by Part I of this Act;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-construction" eId="term-construction">construction</term>” includes installation and “<term refersTo="#term-construct" eId="term-construct">construct</term>” shall be construed accordingly;</content></hcontainer><hcontainer name="definition"><content><noteRef href="#M_F_f182129d-37fc-4eff-c252-691cf1443e76" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer><hcontainer name="definition"><content><noteRef href="#M_F_f182129d-37fc-4eff-c252-691cf1443e76" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer><hcontainer name="definition"><content><noteRef href="#M_F_f182129d-37fc-4eff-c252-691cf1443e76" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-15-part-IV-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-15-part-IV-paragraph-2-1"><num>(1)</num><content><ins class="substitution first last" ukl:ChangeId="M_F_07a9b177-4356-40c7-d1b6-a57f687357ef-1519924876431" ukl:CommentaryRef="M_F_07a9b177-4356-40c7-d1b6-a57f687357ef"><noteRef uk:name="commentary" href="#M_F_07a9b177-4356-40c7-d1b6-a57f687357ef" class="commentary"/>Part 6 of Schedule 3A to the Communications Act 2003 (the electronic communications code)</ins> shall not apply for the purposes of the authorised works to the extent that such works are regulated by Part XI of the <noteRef href="#c1252342" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990, sections 84 and 85 of the <noteRef href="#c1252343" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991 (or regulations made under section 85 of that Act) or sub-paragraphs (3) to (8) of paragraph 4 below.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-2-2"><num>(2)</num><intro><ins class="substitution first last" ukl:ChangeId="M_F_cdf97bbe-8597-43d2-bb79-2786086ecd9c-1519924722378" ukl:CommentaryRef="M_F_cdf97bbe-8597-43d2-bb79-2786086ecd9c"><noteRef uk:name="commentary" href="#M_F_cdf97bbe-8597-43d2-bb79-2786086ecd9c" class="commentary"/>Part 10</ins> of the <ins class="substitution first last" ukl:ChangeId="key-332a823529b1e59e65dacf7ba83fab68-1478971855594" ukl:CommentaryRef="key-332a823529b1e59e65dacf7ba83fab68"><noteRef uk:name="commentary" href="#key-332a823529b1e59e65dacf7ba83fab68" class="commentary"/>electronic communications code</ins> shall apply for the purposes of the authorised works, save—</intro><level class="para1" eId="schedule-15-part-IV-paragraph-2-2-a"><num>(a)</num><content>insofar as such works are regulated by the <noteRef href="#c1252344" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991 or any regulation made under that Act; or</content></level><level class="para1" eId="schedule-15-part-IV-paragraph-2-2-b"><num>(b)</num><content>where the nominated undertaker exercises a right under subsection (4)(b) of section 272 of the <noteRef href="#c1252345" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990 or under an order made under that section to remove telecom- munications apparatus.</content></level></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-15-part-IV-paragraph-3" class="schProv1"><num>3</num><content>The temporary stopping up or diversion of any highway under paragraph 6 of Schedule 3 to this Act shall not affect any right of <ins class="substitution first last" ukl:ChangeId="key-c02de330873d8e17f19e8ec9fafdff6f-1478972221743" ukl:CommentaryRef="key-c02de330873d8e17f19e8ec9fafdff6f"><noteRef uk:name="commentary" href="#key-c02de330873d8e17f19e8ec9fafdff6f" class="commentary"/>an operator</ins> under <ins class="substitution first last" ukl:ChangeId="M_F_be77e7eb-6195-4cc8-a1d6-a35126dfd14b-1519924489020" ukl:CommentaryRef="M_F_be77e7eb-6195-4cc8-a1d6-a35126dfd14b"><noteRef uk:name="commentary" href="#M_F_be77e7eb-6195-4cc8-a1d6-a35126dfd14b" class="commentary"/>Part 8</ins> of the <ins class="substitution first last" ukl:ChangeId="key-332a823529b1e59e65dacf7ba83fab68-1478971877164" ukl:CommentaryRef="key-332a823529b1e59e65dacf7ba83fab68"><noteRef uk:name="commentary" href="#key-332a823529b1e59e65dacf7ba83fab68" class="commentary"/>electronic communications code</ins> in respect of any apparatus which at the time of the stopping up or diversion is in the highway.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-15-part-IV-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-15-part-IV-paragraph-4-1"><num>(1)</num><content>Where a highway is stopped up under paragraph 1 or 2 of Schedule 3 to this Act, <ins class="substitution first last" ukl:ChangeId="key-050b25e060b68b37a599ed285680797a-1478972401733" ukl:CommentaryRef="key-050b25e060b68b37a599ed285680797a"><noteRef uk:name="commentary" href="#key-050b25e060b68b37a599ed285680797a" class="commentary"/>any operator of an electronic communications code network</ins> whose <ins class="substitution first last" ukl:ChangeId="key-ca3a514c6d17ab3cd16de18598408964-1478972084042" ukl:CommentaryRef="key-ca3a514c6d17ab3cd16de18598408964"><noteRef uk:name="commentary" href="#key-ca3a514c6d17ab3cd16de18598408964" class="commentary"/>electronic communications apparatus</ins> is under, over, in, on, along or across that highway may exercise the same rights of access in order to inspect, maintain, adjust, repair or alter that apparatus as if this Act had not been passed, but nothing in this sub-paragraph shall affect any right of the nominated undertaker or <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478972889412" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> to require removal of that apparatus under this Part of this Schedule or the power of the nominated undertaker to alter apparatus in accordance with <ins class="substitution first last" ukl:ChangeId="M_F_61eb0b2c-ef42-4e7a-a89a-d618680b5bd5-1519924221363" ukl:CommentaryRef="M_F_61eb0b2c-ef42-4e7a-a89a-d618680b5bd5"><noteRef uk:name="commentary" href="#M_F_61eb0b2c-ef42-4e7a-a89a-d618680b5bd5" class="commentary"/>Part 10</ins> of the <ins class="substitution first last" ukl:ChangeId="key-332a823529b1e59e65dacf7ba83fab68-1478971897064" ukl:CommentaryRef="key-332a823529b1e59e65dacf7ba83fab68"><noteRef uk:name="commentary" href="#key-332a823529b1e59e65dacf7ba83fab68" class="commentary"/>electronic communications code</ins>.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-4-2"><num>(2)</num><content>The nominated undertaker shall give not less than 28 days’ notice in writing of its intention to stop up any highway under paragraph 1 or 2 of Schedule 3 to this Act to <ins class="substitution first last" ukl:ChangeId="key-050b25e060b68b37a599ed285680797a-1478972663073" ukl:CommentaryRef="key-050b25e060b68b37a599ed285680797a"><noteRef uk:name="commentary" href="#key-050b25e060b68b37a599ed285680797a" class="commentary"/>any operator of an electronic communications code network</ins> whose apparatus is under, over, in, on, along or across the highway.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-4-3"><num>(3)</num><intro>Where a notice under sub-paragraph (2) above has been given, <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478972912022" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins>, if it reasonably considers that it is necessary for the safe and efficient operation and maintenance of the apparatus, may, and if reasonably requested so to do by the nominated undertaker in the notice, shall, as soon as reasonably practicable after the service of the notice—</intro><level class="para1" eId="schedule-15-paragraph-4-3-a"><num>(a)</num><content>remove the apparatus and place it or other apparatus provided in substitution for it in such other position as <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478973212482" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> may reasonably determine and have power to place it, or</content></level><level class="para1" eId="schedule-15-paragraph-4-3-b"><num>(b)</num><content>provide other apparatus in substitution for the existing apparatus and place it in such other position as aforesaid.</content></level></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-4-4"><num>(4)</num><intro>Subject to the following provisions of this paragraph the nominated undertaker shall pay to <ins class="substitution first last" ukl:ChangeId="key-050b25e060b68b37a599ed285680797a-1478972685743" ukl:CommentaryRef="key-050b25e060b68b37a599ed285680797a"><noteRef uk:name="commentary" href="#key-050b25e060b68b37a599ed285680797a" class="commentary"/>any operator of an electronic communications code network</ins> an amount equal to the cost reasonably incurred by <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478973301213" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> in or in connection with—</intro><level class="para1" eId="schedule-15-paragraph-4-4-a"><num>(a)</num><content>the execution of relocation works required in consequence of the stopping up of the highway, and</content></level><level class="para1" eId="schedule-15-paragraph-4-4-b"><num>(b)</num><content>the doing of any other work or thing rendered necessary by the execution of relocation works.</content></level></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-4-5"><num>(5)</num><intro>If in the course of the execution of relocation works under sub-paragraph (3) above—</intro><level class="para1" eId="schedule-15-paragraph-4-5-a"><num>(a)</num><content>apparatus of better type, greater capacity or greater dimensions is placed in substitution for existing apparatus of worse type, smaller capacity or smaller dimensions, except where this has been solely due to using the nearest currently available type, capacity or dimension, or</content></level><level class="para1" eId="schedule-15-paragraph-4-5-b"><num>(b)</num><content>apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which existing apparatus was,</content></level><wrapUp>and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the nominated undertaker, or, in default of agreement, is not determined by arbitration to be necessary in consequence of the construction of the authorised works in order to ensure the continued efficient operation of the <ins class="substitution first last" ukl:ChangeId="key-cf040167d98cde4acfa8d6e5426f0825-1478973673791" ukl:CommentaryRef="key-cf040167d98cde4acfa8d6e5426f0825"><noteRef uk:name="commentary" href="#key-cf040167d98cde4acfa8d6e5426f0825" class="commentary"/>electronic communications code network</ins> of <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478973341774" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this paragraph would be payable to <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478973370414" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> by virtue of sub-paragraph (4) above shall be reduced by the amount of that excess.</wrapUp></subparagraph><subparagraph eId="schedule-15-paragraph-4-6"><num>(6)</num><intro>For the purposes of sub-paragraph (5) above—</intro><level class="para1" eId="schedule-15-paragraph-4-6-a"><num>(a)</num><content>an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended provides more than an equivalent service, and</content></level><level class="para1" eId="schedule-15-paragraph-4-6-b"><num>(b)</num><content>where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole (in either case of such type, capacity and dimensions as shall reasonably be appropriate) shall be treated as if it also had been agreed or had been so determined.</content></level></subparagraph><subparagraph eId="schedule-15-paragraph-4-7"><num>(7)</num><content>The amount which apart from this sub-paragraph would be payable to <ins class="substitution first last" ukl:ChangeId="key-c02de330873d8e17f19e8ec9fafdff6f-1478972247533" ukl:CommentaryRef="key-c02de330873d8e17f19e8ec9fafdff6f"><noteRef uk:name="commentary" href="#key-c02de330873d8e17f19e8ec9fafdff6f" class="commentary"/>an operator</ins> in respect of works by virtue of sub-paragraph (4) above (and having regard, where relevant, to sub-paragraph (5) above) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7½ years earlier so as to confer on the telecom- munications operator any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.</content></subparagraph><subparagraph eId="schedule-15-paragraph-4-8"><num>(8)</num><intro>Sub-paragraphs (4) to (7) above shall not apply where the authorised works constitute major transport works or major highway works for the purpose of Part III of the <noteRef href="#c1252346" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991 (including that provision as applied by paragraph 8 of Schedule 3 to this Act), but instead—</intro><level class="para1" eId="schedule-15-paragraph-4-8-a"><num>(a)</num><content>the allowable costs of any relocation works shall be determined in accordance with section 85 of that Act (sharing of costs of necessary measures) and any regulations for the time being having effect under that section, and</content></level><level class="para1" eId="schedule-15-paragraph-4-8-b"><num>(b)</num><content>the allowable costs shall be borne by the nominated undertaker and <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478973399184" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> in such proportions as may be prescribed by any such regulations.</content></level></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-15-part-IV-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-15-part-IV-paragraph-5-1"><num>(1)</num><intro>Subject to sub-paragraphs (2) to (4) below, if by reason or in consequence of the construction of the authorised works or any subsidence resulting from any of those works, any damage is caused to any <ins class="substitution first last" ukl:ChangeId="M_F_2f17b4c9-0056-4c7f-ba8c-b7987d58eae0-1479037998327" ukl:CommentaryRef="M_F_2f17b4c9-0056-4c7f-ba8c-b7987d58eae0"><noteRef uk:name="commentary" href="#M_F_2f17b4c9-0056-4c7f-ba8c-b7987d58eae0" class="commentary"/>electronic communications apparatus</ins>, other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works, or property of the <ins class="substitution first last" ukl:ChangeId="M_F_ceb990c7-45a1-4fa5-ecaf-6cf54e4019cb-1479038232808" ukl:CommentaryRef="M_F_ceb990c7-45a1-4fa5-ecaf-6cf54e4019cb"><noteRef uk:name="commentary" href="#M_F_ceb990c7-45a1-4fa5-ecaf-6cf54e4019cb" class="commentary"/>operator of an electronic communications code network</ins>, or there is any interruption in the supply of the service provided by the <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038316039" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins>, the nominated undertaker shall bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and shall—</intro><level class="para1" eId="schedule-15-paragraph-5-1-a"><num>(a)</num><content>make reasonable compensation to the <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038918739" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins> for loss sustained by it, and</content></level><level class="para1" eId="schedule-15-paragraph-5-1-b"><num>(b)</num><content>indemnify the <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038934409" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins> against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, the operator, by reason or in consequence of any such damage or interruption.</content></level></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-5-2"><num>(2)</num><content>Sub-paragraph (1) above shall not apply to any apparatus in respect of which the relations between the nominated undertaker and the <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038946179" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins> are regulated by the provisions of Part III of the New Roads and Street Works Act 1991 or to any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised works.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-5-3"><num>(3)</num><content>Nothing in sub-paragraph (1) above shall impose any liability on the nominated undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of the <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038955949" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins>, its officers, servants, contractors or agents.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-5-4"><num>(4)</num><content>The <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038964799" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins> shall give the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the consent of the nominated undertaker which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-IV-paragraph-6" class="schProv1"><num>6</num><content>Any dispute arising under this Part of this Schedule shall be determined by an arbitrator who shall be appointed by agreement between the parties or, in default of such agreement, shall be the Secretary of State.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-V-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-V-paragraph-1-1"><num>(1)</num><content>The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and the port authority, have effect for the protection of the port authority.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-1-2"><num>(2)</num><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-construction" eId="term-construction">construction</term>” includes execution, placing, altering, replacing, relaying and removal;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-plans" eId="term-plans">plans</term>” includes sections, drawings, specifications and method statements;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-port-authority" eId="term-the-port-authority">the port authority</term>” means the Port of Sheerness Limited;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-river" eId="term-the-river">the river</term>” means the River Medway;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-operations" eId="term-operations">operations</term>” includes temporary works, dredging works and temporary mooring of vessels authorised by paragraph 11 of Schedule 2 to this Act;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-tidal-work" eId="term-tidal-work">tidal work</term>” means so much of any work authorised by Part I of this Act as is on or over the surface of land below the level of mean high water springs forming part of the river.</content></hcontainer></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-V-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-15-part-V-paragraph-2-1"><num>(1)</num><content>Before beginning any operations for the construction of any tidal work, the nominated undertaker shall submit to the port authority plans of the work and such further particulars available to it as the port authority may within 14 days of the submission of the plans reasonably require.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-2-2"><num>(2)</num><content>Such further particulars may include such relevant hydraulic and geological information as may be available to the nominated undertaker and is not in the possession of the port authority.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-2-3"><num>(3)</num><content>A tidal work shall not be constructed except in accordance with such plans as may be approved by the port authority or determined under paragraph 14 below.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-2-4"><num>(4)</num><intro>Any approval of the port authority required under this paragraph shall not be unreasonably withheld and—</intro><level class="para1" eId="schedule-15-part-V-paragraph-2-4-a"><num>(a)</num><content>shall be deemed to have been given if it is neither given nor refused (with an indication of the grounds for that refusal) within 28 days of the submission of the plans for approval; and</content></level><level class="para1" eId="schedule-15-part-V-paragraph-2-4-b"><num>(b)</num><content>may be given subject to such reasonable requirements as the port authority may make for the protection of traffic in, or the flow or regime of, the river.</content></level></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-V-paragraph-3" class="schProv1"><num>3</num><content>The nominated undertaker shall carry out all operations for the construction of any tidal works with all reasonable despatch to the reasonable satisfaction of the port authority (and shall promptly remove all temporary works as soon as the same are no longer required) so that river traffic shall not suffer more interference than is reasonably practicable and the port authority shall be entitled by its officer at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect such operations.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-15-part-V-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-15-part-V-paragraph-4-1"><num>(1)</num><content>The nominated undertaker shall not, without the consent of the port authority, deposit in, or allow to fall or be washed into, the river any gravel, soil or other material.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-4-2"><num>(2)</num><intro>Any consent of the port authority under this paragraph shall not be unreasonably withheld and—</intro><level class="para1" eId="schedule-15-part-V-paragraph-4-2-a"><num>(a)</num><content>shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the request therefor; and</content></level><level class="para1" eId="schedule-15-part-V-paragraph-4-2-b"><num>(b)</num><content>may be given subject to such reasonable requirements as the port authority may make for the protection of navigation in, or the flow or regime of, the river.</content></level></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-4-3"><num>(3)</num><content>In its application to the discharge of water into the river, paragraph 9(5) of Schedule 2 to this Act shall have effect subject to the terms of any conditions attached to a consent given under this paragraph.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-4-4"><num>(4)</num><content>Nothing in this paragraph authorises the doing of anything prohibited by section 85(1), (2) or (3) of the <noteRef href="#c1252347" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Resources Act 1991 (offences of polluting controlled waters).</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-V-paragraph-5" class="schProv1"><num>5</num><content>If any pile, stump or other obstruction to navigation becomes exposed in the course of constructing any tidal work (other than a pile, stump or other obstruction on the site of any permanent work), the nominated undertaker shall, as soon as reasonably practicable after the receipt of notice in writing from the port authority requiring such action, remove it from the river or, if it is not reasonably practicable to remove it, cut it off at such level below the bed of the river (not being more than two metres below bed level in the main navigation channel or one metre below bed level elsewhere in the river) as the port authority may reasonably direct and in the absence of such action within a reasonable period of time the port authority may carry out the removal and recover its reasonable expenses in so doing from the nominated undertaker.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-V-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-15-part-V-paragraph-6-1"><num>(1)</num><intro>If—</intro><level class="para1" eId="schedule-15-part-V-paragraph-6-1-a"><num>(a)</num><content>by reason of the construction of any tidal work, it is necessary for the port authority to incur costs in altering, removing, resiting or reinstating relevant existing moorings, or laying down and removing relevant substituted moorings, or carrying out dredging operations for any such purpose not being costs which it would have incurred for any other reason; and</content></level><level class="para1" eId="schedule-15-part-V-paragraph-6-1-b"><num>(b)</num><content>the port authority gives to the nominated undertaker not less than 28 days’ notice of its intention to incur such costs, and takes into account any representations which the nominated undertaker may make in response to the notice within 14 days of the receipt of the notice;</content></level><wrapUp>the nominated undertaker shall pay the costs reasonably so incurred by the port authority.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-6-2"><num>(2)</num><content>For the purpose of this paragraph “<term refersTo="#term-relevant-moorings" eId="term-relevant-moorings">relevant moorings</term>” are moorings which are owned by the port authority, or moorings which are licensed by the port authority and in respect of which it is under an obligation to provide substitute moorings.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-V-paragraph-7" class="schProv1"><num>7</num><content>The nominated undertaker shall, at or near every tidal work, exhibit such lights, lay down such buoys and take such other steps for preventing danger to navigation as the port authority may from time to time reasonably require.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-V-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-15-part-V-paragraph-8-1"><num>(1)</num><content>If any tidal work is abandoned or falls into decay, the port authority may by notice in writing to the nominated undertaker require it, either to repair and restore the work or any part of it, or (if the nominated undertaker no longer requires the work) to remove the work and restore the site to its former condition to such extent as the port authority reasonably requires.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-8-2"><num>(2)</num><intro>If—</intro><level class="para1" eId="schedule-15-part-V-paragraph-8-2-a"><num>(a)</num><content>a work which consists of a tidal work and non-tidal work is abandoned or falls into decay; and</content></level><level class="para1" eId="schedule-15-part-V-paragraph-8-2-b"><num>(b)</num><content>the non-tidal work is in such a condition as to interfere with the right of navigation in the river,</content></level><wrapUp>the port authority may include the non-tidal work, or any part of it, in any notice under this paragraph.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-8-3"><num>(3)</num><content>In sub-paragraph (2) above, references to a non-tidal work are to so much of any work authorised by Part I of this Act as is on or over land above the level of mean high water springs.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-8-4"><num>(4)</num><content>If after such reasonable period as may be specified in a notice under this paragraph the work specified in the notice has not been carried out, the port authority may carry out that work and the nominated undertaker shall pay the amount of any expenditure reasonably incurred by the port authority in so carrying it out.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-V-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-15-part-V-paragraph-9-1"><num>(1)</num><content>Without prejudice to the provisions of paragraph 7 above, the nominated undertaker shall provide, or afford reasonable facilities for the port authority to provide and maintain, at the viaduct over the river comprised in Work <abbr title="Number">No.</abbr> 13, such navigational lights or other apparatus for the benefit of navigation as the port authority may reasonably consider necessary by reason of construction of the viaduct or the carrying out of operations for its construction.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-9-2"><num>(2)</num><content>The nominated undertaker shall pay to the port authority the costs reasonably incurred by it in connection with the provision and maintenance of that apparatus.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-V-paragraph-10" class="schProv1"><num>10</num><content>On the completion of the construction of the viaduct over the river comprised in Work <abbr title="Number">No.</abbr> 13 the nominated undertaker shall supply to the port authority a plan and sections and cross-sections on an appropriate scale showing the situation and level of the viaduct over the river.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-V-paragraph-11" class="schProv1"><num>11</num><content>The nominated undertaker shall not, except for the purpose of constructing a tidal work or any connected works, remove any gravel, soil or other materials from the bed, shores or banks of the river without the previous consent of the port authority signified in writing under the hand of its secretary (such consent not to be unreasonably withheld), but nothing in this paragraph shall prevent the use by the nominated undertaker of any gravel, soil or other material so removed for the purposes of the construction of other tidal works or any connected works.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-V-paragraph-12" class="schProv1"><num>12</num><subparagraph eId="schedule-15-part-V-paragraph-12-1"><num>(1)</num><content>The nominated undertaker shall indemnify the port authority from all claims, demands, proceedings or damages which may be made or given against or recovered from the port authority by reason of any damage to the river or its banks or any works or apparatus of the port authority in the river which is caused by or results from the construction of any tidal work or any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon the work, and from any costs reasonably incurred by the port authority in making good such damage.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-12-2"><num>(2)</num><content>The port authority shall give to the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the consent of the nominated undertaker which, if it notifies the port authority that it desires to do so, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.</content></subparagraph><subparagraph eId="schedule-15-paragraph-12-3"><num>(3)</num><content>Nothing in sub-paragraph (1) above shall impose any liability on the nominated undertaker in respect of silting or scouring.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-V-paragraph-13" class="schProv1"><num>13</num><content>Nothing in paragraph 12 above shall impose any liability on the nominated undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of the port authority, its officers, servants, contractors or agents, but the fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by the port authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not (in the absence of negligence on the part of the port authority, its officers, servants, contractors or agents) relieve the nominated undertaker from any liability under the provisions of this Part of this Schedule.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-V-paragraph-14" class="schProv1"><num>14</num><content>Any dispute arising between the nominated undertaker and the port authority under this Part of this Schedule shall, if the parties agree, be determined by arbitration, but shall otherwise be determined by the Secretary of State.</content></paragraph>

<part xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-15-part-VI"><num>Part VI</num><heading> Protection of <ins class="substitution first last" ukl:ChangeId="key-2e33c11d90630522d3378ca6eaf6c679-1479179105406" ukl:CommentaryRef="key-2e33c11d90630522d3378ca6eaf6c679"><noteRef uk:name="commentary" href="#key-2e33c11d90630522d3378ca6eaf6c679" class="commentary"/>Canal & River Trust</ins></heading><paragraph eId="schedule-15-part-VI-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-VI-paragraph-1-1"><num>(1)</num><content>The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179284066" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, have effect.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-1-2"><num>(2)</num><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content><noteRef href="#M_F_78a8ccfc-ed2c-4a88-de3f-3ddabb807c07" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-canal" eId="term-the-canal">the canal</term>” means the Regent’s Canal (including the <abbr title="Saint">St.</abbr> Pancras Yacht Basin), the River Lee Navigation or the Waterworks River as the case may be, insofar as any of those waterways is owned or managed by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179409316" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, and includes any works connected therewith for the maintenance of which <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179604497" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> is responsible and any lands held or used by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179717728" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> for the purposes of the canal;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-construction" eId="term-construction">construction</term>” includes execution, placing, altering, replacing and relaying and includes removal;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-plans" eId="term-plans">plans</term>” includes sections, drawings, specifications and method statements;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-specified-work" eId="term-specified-work">specified work</term>” means so much of any permanent or temporary work authorised by Part I of this Act as is in, across, under, over or in the vicinity of the canal.</content></hcontainer></subparagraph></paragraph><paragraph eId="schedule-15-part-VI-paragraph-2" class="schProv1"><num>2</num><content>The Secretary of State shall not under the powers of section 4 above acquire compulsorily any land of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179432796" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> or any easement or other right over such land in the London Boroughs of Camden, Islington, Hackney or Newham other than such land, or easements or other rights thereover, as is reasonably necessary for, or in connection with, the construction, maintenance or operation of works authorised by Part I of this Act.</content></paragraph><paragraph eId="schedule-15-part-VI-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-15-part-VI-paragraph-3-1"><num>(1)</num><content>Before beginning to construct any specified work, the nominated undertaker shall submit to <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179450576" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> plans of the work and such further particulars available to it as <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179621227" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> may within 14 days of the submission of the plans reasonably require.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-3-2"><num>(2)</num><content>Any specified work shall not be constructed except in accordance with such plans as may be approved in writing by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179732818" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> or determined under paragraph 11 below.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-3-3"><num>(3)</num><intro>Any approval of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179830618" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> required under this paragraph shall not be unreasonably withheld and—</intro><level class="para1" eId="schedule-15-part-VI-paragraph-3-3-a"><num>(a)</num><content>shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the plans for approval; and</content></level><level class="para1" eId="schedule-15-part-VI-paragraph-3-3-b"><num>(b)</num><content>may be given subject to such reasonable requirements as <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179903418" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> may make for the purpose of ensuring the safety or stability of the canal, including requirements as to the construction of protective works.</content></level></subparagraph></paragraph><paragraph eId="schedule-15-part-VI-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-15-part-VI-paragraph-4-1"><num>(1)</num><content>Any specified work, and any protective works required by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179467436" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> under paragraph 3(3)(b) above, shall be constructed with all reasonable despatch to the reasonable satisfaction of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179640557" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, and in such manner as to cause as little damage to the canal as may be reasonably practicable and as little interference as may be reasonably practicable with the passage of vessels using the canal, and <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179749918" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> shall be entitled by its officer at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect the construction of such work or works.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-4-2"><num>(2)</num><content>The nominated undertaker shall give to <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179851028" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> not less than 28 days’ notice in writing of its intention to commence construction of any specified work or any protective works and also, except in emergency (when the nominated undertaker shall give such notice as may be reasonably practicable), of its intention to carry out any works for the repair or maintenance of any specified work insofar as such works of repair or maintenance affect or interfere with the canal.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-VI-paragraph-5" class="schProv1"><num>5</num><content>In constructing the bridge, or bridges, forming parts of Works <abbr title="Numbers">Nos.</abbr> 1AA, 1BB, 1CC, 1DD, 1EE, 3B and 3C over the canal, the nominated undertaker shall ensure that the soffit of any bridge at its lowest point is at a level of not less than 26.28 metres above Ordnance Datum Newlyn.</content></paragraph><paragraph eId="schedule-15-part-VI-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-15-part-VI-paragraph-6-1"><num>(1)</num><intro>The nominated undertaker shall not deposit any polluting material on, in or over the canal and shall not without the consent of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179481716" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>—</intro><level class="para1" eId="schedule-15-part-VI-paragraph-6-1-a"><num>(a)</num><content>deposit any other materials on, in or over the canal; or</content></level><level class="para1" eId="schedule-15-part-VI-paragraph-6-1-b"><num>(b)</num><content>notwithstanding anything in paragraph 9 of Schedule 2 to this Act (which authorises the discharge of water in connection with the construction or maintenance of works authorised under Part I of this Act), discharge any water directly or indirectly into the canal.</content></level></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-6-2"><num>(2)</num><intro>Any consent of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179661378" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> required under this paragraph shall not be unreasonably withheld and—</intro><level class="para1" eId="schedule-15-paragraph-6-2-a"><num>(a)</num><content>shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the request therefor; and</content></level><level class="para1" eId="schedule-15-paragraph-6-2-b"><num>(b)</num><intro>may be given subject to such reasonable requirements as <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179767968" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> may make—</intro><level class="para2" eId="schedule-15-paragraph-6-2-b-i"><num>(i)</num><content>in the case of a deposit, so as to ensure that the use of the canal is not obstructed or rendered less safe, and</content></level><level class="para2" eId="schedule-15-paragraph-6-2-b-ii"><num>(ii)</num><content>in the case of a discharge, concerning the reimbursement by the nominated undertaker of expenses incurred by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179868568" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> in disposing of the water so discharged, being expenses which <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179923058" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> would not have incurred but for the discharge.</content></level></level></subparagraph></paragraph><paragraph eId="schedule-15-part-VI-paragraph-7" class="schProv1"><num>7</num><content>In its application to the discharge of water into the canal, paragraph 9(5) of Schedule 2 to this Act shall have effect subject to the terms of any conditions attached to the consent under paragraph 6(2) above and, where such discharge includes a deposit to which consent has been given under paragraph 6(1) above, to any conditions attached to that consent.</content></paragraph><paragraph eId="schedule-15-part-VI-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-15-part-VI-paragraph-8-1"><num>(1)</num><content>If as a result of the construction of any specified work any part of the towing path beside the canal, or any public right of way giving access thereto, is temporarily closed to pedestrians or cyclists and there is no way which provides a reasonable alternative, the nominated undertaker shall, so far as reasonably practicable and to the extent that it is consistent with safety, provide a substitute path or paths for such time as the closure continues.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-8-2"><num>(2)</num><content>This paragraph is without prejudice to the requirements of paragraph 6(2) of Schedule 3 to this Act and of paragraph 3(1) of Part I of this Schedule.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-VI-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-15-part-VI-paragraph-9-1"><num>(1)</num><content>The nominated undertaker shall indemnify <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179497437" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> from all claims, demands, proceedings or damages, which may be made or given against, or recovered from <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179677878" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> by reason of any damage to the canal which is caused by, or results from, the construction of any specified work or protective work or any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon the work and from any costs reasonably incurred in making good such damage.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-9-2"><num>(2)</num><content><ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179781378" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> shall give to the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the consent of the nominated undertaker which, if it notifies <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179883688" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> that it desires to do so, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-VI-paragraph-10" class="schProv1"><num>10</num><content>Nothing in paragraph 9 above shall impose any liability on the nominated undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179514667" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, its officers, servants, contractors or agents but the fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179693268" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not (in the absence of negligence on the part of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179802838" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, its officers, servants, contractors or agents) relieve the nominated undertaker from any liability under the provisions of this Part of this Schedule.</content></paragraph><paragraph eId="schedule-15-part-VI-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-15-part-VI-paragraph-11-1"><num>(1)</num><content>Any dispute arising between the nominated undertaker and <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179532377" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> under this Part of this Schedule shall, if the parties agree, be determined by arbitration, but shall otherwise be determined by <ins class="first last" ukl:ChangeId="d29p23477" ukl:CommentaryRef="c1252349"><noteRef uk:name="commentary" href="#c1252349" class="commentary"/>the appropriate Minister</ins>.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-11-2"><num><ins class="first" ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350"><noteRef uk:name="commentary" href="#c1252350" class="commentary"/>(2)</ins></num><intro><ins ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350">In sub-paragraph (1) above, the reference to the appropriate Minister—</ins></intro><level class="para1" eId="schedule-15-paragraph-11-2-a"><num><ins ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350">(a)</ins></num><content><ins ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350">in the case of a dispute concerning land drainage or flood defence, is to the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly, and</ins></content></level><level class="para1" eId="schedule-15-paragraph-11-2-b"><num><ins ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350">(b)</ins></num><content><ins class="last" ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350">in the case of any other dispute, is to the Secretary of State.</ins></content></level></subparagraph></paragraph></part>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-15-part-VI-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-VI-paragraph-1-1"><num>(1)</num><content>The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179284066" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, have effect.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-1-2"><num>(2)</num><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content><noteRef href="#M_F_78a8ccfc-ed2c-4a88-de3f-3ddabb807c07" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-canal" eId="term-the-canal">the canal</term>” means the Regent’s Canal (including the <abbr title="Saint">St.</abbr> Pancras Yacht Basin), the River Lee Navigation or the Waterworks River as the case may be, insofar as any of those waterways is owned or managed by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179409316" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, and includes any works connected therewith for the maintenance of which <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179604497" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> is responsible and any lands held or used by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179717728" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> for the purposes of the canal;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-construction" eId="term-construction">construction</term>” includes execution, placing, altering, replacing and relaying and includes removal;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-plans" eId="term-plans">plans</term>” includes sections, drawings, specifications and method statements;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-specified-work" eId="term-specified-work">specified work</term>” means so much of any permanent or temporary work authorised by Part I of this Act as is in, across, under, over or in the vicinity of the canal.</content></hcontainer></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-15-part-VI-paragraph-2" class="schProv1"><num>2</num><content>The Secretary of State shall not under the powers of section 4 above acquire compulsorily any land of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179432796" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> or any easement or other right over such land in the London Boroughs of Camden, Islington, Hackney or Newham other than such land, or easements or other rights thereover, as is reasonably necessary for, or in connection with, the construction, maintenance or operation of works authorised by Part I of this Act.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-15-part-VI-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-15-part-VI-paragraph-3-1"><num>(1)</num><content>Before beginning to construct any specified work, the nominated undertaker shall submit to <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179450576" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> plans of the work and such further particulars available to it as <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179621227" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> may within 14 days of the submission of the plans reasonably require.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-3-2"><num>(2)</num><content>Any specified work shall not be constructed except in accordance with such plans as may be approved in writing by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179732818" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> or determined under paragraph 11 below.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-3-3"><num>(3)</num><intro>Any approval of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179830618" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> required under this paragraph shall not be unreasonably withheld and—</intro><level class="para1" eId="schedule-15-part-VI-paragraph-3-3-a"><num>(a)</num><content>shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the plans for approval; and</content></level><level class="para1" eId="schedule-15-part-VI-paragraph-3-3-b"><num>(b)</num><content>may be given subject to such reasonable requirements as <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179903418" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> may make for the purpose of ensuring the safety or stability of the canal, including requirements as to the construction of protective works.</content></level></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-15-part-VI-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-15-part-VI-paragraph-4-1"><num>(1)</num><content>Any specified work, and any protective works required by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179467436" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> under paragraph 3(3)(b) above, shall be constructed with all reasonable despatch to the reasonable satisfaction of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179640557" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, and in such manner as to cause as little damage to the canal as may be reasonably practicable and as little interference as may be reasonably practicable with the passage of vessels using the canal, and <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179749918" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> shall be entitled by its officer at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect the construction of such work or works.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-4-2"><num>(2)</num><content>The nominated undertaker shall give to <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179851028" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> not less than 28 days’ notice in writing of its intention to commence construction of any specified work or any protective works and also, except in emergency (when the nominated undertaker shall give such notice as may be reasonably practicable), of its intention to carry out any works for the repair or maintenance of any specified work insofar as such works of repair or maintenance affect or interfere with the canal.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-VI-paragraph-5" class="schProv1"><num>5</num><content>In constructing the bridge, or bridges, forming parts of Works <abbr title="Numbers">Nos.</abbr> 1AA, 1BB, 1CC, 1DD, 1EE, 3B and 3C over the canal, the nominated undertaker shall ensure that the soffit of any bridge at its lowest point is at a level of not less than 26.28 metres above Ordnance Datum Newlyn.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-15-part-VI-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-15-part-VI-paragraph-6-1"><num>(1)</num><intro>The nominated undertaker shall not deposit any polluting material on, in or over the canal and shall not without the consent of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179481716" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>—</intro><level class="para1" eId="schedule-15-part-VI-paragraph-6-1-a"><num>(a)</num><content>deposit any other materials on, in or over the canal; or</content></level><level class="para1" eId="schedule-15-part-VI-paragraph-6-1-b"><num>(b)</num><content>notwithstanding anything in paragraph 9 of Schedule 2 to this Act (which authorises the discharge of water in connection with the construction or maintenance of works authorised under Part I of this Act), discharge any water directly or indirectly into the canal.</content></level></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-6-2"><num>(2)</num><intro>Any consent of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179661378" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> required under this paragraph shall not be unreasonably withheld and—</intro><level class="para1" eId="schedule-15-paragraph-6-2-a"><num>(a)</num><content>shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the request therefor; and</content></level><level class="para1" eId="schedule-15-paragraph-6-2-b"><num>(b)</num><intro>may be given subject to such reasonable requirements as <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179767968" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> may make—</intro><level class="para2" eId="schedule-15-paragraph-6-2-b-i"><num>(i)</num><content>in the case of a deposit, so as to ensure that the use of the canal is not obstructed or rendered less safe, and</content></level><level class="para2" eId="schedule-15-paragraph-6-2-b-ii"><num>(ii)</num><content>in the case of a discharge, concerning the reimbursement by the nominated undertaker of expenses incurred by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179868568" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> in disposing of the water so discharged, being expenses which <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179923058" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> would not have incurred but for the discharge.</content></level></level></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-VI-paragraph-7" class="schProv1"><num>7</num><content>In its application to the discharge of water into the canal, paragraph 9(5) of Schedule 2 to this Act shall have effect subject to the terms of any conditions attached to the consent under paragraph 6(2) above and, where such discharge includes a deposit to which consent has been given under paragraph 6(1) above, to any conditions attached to that consent.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-VI-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-15-part-VI-paragraph-8-1"><num>(1)</num><content>If as a result of the construction of any specified work any part of the towing path beside the canal, or any public right of way giving access thereto, is temporarily closed to pedestrians or cyclists and there is no way which provides a reasonable alternative, the nominated undertaker shall, so far as reasonably practicable and to the extent that it is consistent with safety, provide a substitute path or paths for such time as the closure continues.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-8-2"><num>(2)</num><content>This paragraph is without prejudice to the requirements of paragraph 6(2) of Schedule 3 to this Act and of paragraph 3(1) of Part I of this Schedule.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-15-part-VI-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-15-part-VI-paragraph-9-1"><num>(1)</num><content>The nominated undertaker shall indemnify <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179497437" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> from all claims, demands, proceedings or damages, which may be made or given against, or recovered from <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179677878" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> by reason of any damage to the canal which is caused by, or results from, the construction of any specified work or protective work or any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon the work and from any costs reasonably incurred in making good such damage.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-9-2"><num>(2)</num><content><ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179781378" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> shall give to the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the consent of the nominated undertaker which, if it notifies <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179883688" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> that it desires to do so, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-15-part-VI-paragraph-10" class="schProv1"><num>10</num><content>Nothing in paragraph 9 above shall impose any liability on the nominated undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179514667" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, its officers, servants, contractors or agents but the fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179693268" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not (in the absence of negligence on the part of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179802838" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, its officers, servants, contractors or agents) relieve the nominated undertaker from any liability under the provisions of this Part of this Schedule.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="schedule-15-part-VI-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-15-part-VI-paragraph-11-1"><num>(1)</num><content>Any dispute arising between the nominated undertaker and <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179532377" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> under this Part of this Schedule shall, if the parties agree, be determined by arbitration, but shall otherwise be determined by <ins class="first last" ukl:ChangeId="d29p23477" ukl:CommentaryRef="c1252349"><noteRef uk:name="commentary" href="#c1252349" class="commentary"/>the appropriate Minister</ins>.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-11-2"><num><ins class="first" ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350"><noteRef uk:name="commentary" href="#c1252350" class="commentary"/>(2)</ins></num><intro><ins ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350">In sub-paragraph (1) above, the reference to the appropriate Minister—</ins></intro><level class="para1" eId="schedule-15-paragraph-11-2-a"><num><ins ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350">(a)</ins></num><content><ins ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350">in the case of a dispute concerning land drainage or flood defence, is to the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly, and</ins></content></level><level class="para1" eId="schedule-15-paragraph-11-2-b"><num><ins ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350">(b)</ins></num><content><ins class="last" ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350">in the case of any other dispute, is to the Secretary of State.</ins></content></level></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-15-part-VII-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-VII-paragraph-1-1"><num>(1)</num><content>The provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and the Port Authority, have effect for the protection of the Port Authority and the users of the river.</content></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-1-2"><num>(2)</num><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-construction" eId="term-construction">construction</term>” includes execution, placing, altering, replacing, relaying and removal and, in its application to works which include or comprise any operation, means the carrying out of that operation;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-operations" eId="term-operations">operations</term>” includes temporary works, dredging and mooring of vessels authorised by paragraph 11 of Schedule 2 to this Act;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-plans" eId="term-plans">plans</term>” includes sections, drawings, specifications and method statements;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-port-authority" eId="term-the-port-authority">the Port Authority</term>” means the Port of London Authority;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-river" eId="term-the-river">the river</term>” means the waters within the limits of the port of London as described in Schedule 1 to the <noteRef href="#c1252352" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Port of London Act 1968;</content></hcontainer><hcontainer name="definition"><intro>“<term refersTo="#term-specified-work" eId="term-specified-work">specified work</term>” means so much of any permanent or temporary work authorised by Part I of this Act (which includes, for the avoidance of doubt, any removal of gravel or other material, any dredging or similar work and any geotechnical investigations that may be undertaken) as is on, in, under or over—</intro><level class="para1"><num>(a)</num><content>the surface of land below the level of mean high water springs forming part of the river; or</content></level><level class="para1"><num>(b)</num><content>any land owned, occupied or used by the Port Authority for operational purposes.</content></level></hcontainer></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-VII-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-15-part-VII-paragraph-2-1"><num>(1)</num><content>Before beginning any operations for the construction of any specified work, the nominated undertaker shall submit to the Port Authority plans of the work and such further particulars available to it as the Port Authority may within 14 days of the submission of the plans reasonably require.</content></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-2-2"><num>(2)</num><content>A specified work shall not be constructed except in accordance with such plans as may be approved by the Port Authority or determined under paragraph 10 below.</content></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-2-3"><num>(3)</num><intro>Any approval of the Port Authority required under this paragraph shall not be unreasonably withheld and—</intro><level class="para1" eId="schedule-15-part-VII-paragraph-2-3-a"><num>(a)</num><content>shall be deemed to be given if it is neither given nor refused (with an indication of the grounds for refusal) within 28 days of the submission of the plans; and</content></level><level class="para1" eId="schedule-15-part-VII-paragraph-2-3-b"><num>(b)</num><intro>may be given subject to such reasonable requirements as the Port Authority may make for the protection of—</intro><level class="para2" eId="schedule-15-paragraph-2-3-b-i"><num>(i)</num><content>traffic in, or the flow or regime of, the river; or</content></level><level class="para2" eId="schedule-15-paragraph-2-3-b-ii"><num>(ii)</num><content>the use of its operational land for the purposes of performing its statutory functions.</content></level></level></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-2-4"><num>(4)</num><content>The requirement for approval under this paragraph does not constitute any specified work a work subject to any of the controls in Part V of the Port of London Act 1968.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-VII-paragraph-3" class="schProv1"><num>3</num><content>The nominated undertaker shall carry out all operations for the construction of any specified work with all reasonable despatch to the reasonable satisfaction of the Port Authority so that river traffic and the exercise of the Port Authority’s statutory functions shall not suffer more interference than is reasonably practicable and the Port Authority shall be entitled by its officer at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect such operations other than any operation relating to Work <abbr title="Number">No.</abbr> 10.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="schedule-15-part-VII-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-15-part-VII-paragraph-4-1"><num>(1)</num><content>The nominated undertaker shall not, without the consent of the Port Authority, deposit in, or allow to fall or be washed into, the river any gravel, soil or other material.</content></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-4-2"><num>(2)</num><intro>Any consent of the Port Authority under this paragraph shall not be unreasonably withheld and—</intro><level class="para1" eId="schedule-15-part-VII-paragraph-4-2-a"><num>(a)</num><content>shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the request therefor; and</content></level><level class="para1" eId="schedule-15-part-VII-paragraph-4-2-b"><num>(b)</num><content>may be given subject to such reasonable requirements as the Port Authority may make for the protection of navigation in, or the flow or regime of, the river.</content></level></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-4-3"><num>(3)</num><content>In its application to the discharge of water into the river, paragraph 9(5) of Schedule 2 to this Act shall have effect subject to the terms of any conditions attached to a consent given under this paragraph.</content></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-4-4"><num>(4)</num><content>Nothing in this paragraph authorises the doing of anything prohibited by section 85(1), (2) or (3) of the <noteRef href="#c1252353" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Resources Act 1991 (offences of polluting controlled waters).</content></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-4-5"><num>(5)</num><content>The requirement for consent under this paragraph does not constitute any specified work or any operation a work or operation subject to any of the controls in Part V of the <noteRef href="#c1252354" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Port of London Act 1968.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-VII-paragraph-5" class="schProv1"><num>5</num><content>If any pile, stump or other obstruction to navigation becomes exposed in the course of constructing any specified work (other than a pile, stump or other obstruction on the site of any permanent work), the nominated undertaker shall, as soon as reasonably practicable after the receipt of notice in writing from the Port Authority requiring such action, remove it from the river or, if it is not reasonably practicable to remove it, cut it off at such level below the bed of the river (not being more than two metres below the bed of the river) as the Port Authority may reasonably direct.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-VII-paragraph-6" class="schProv1"><num>6</num><intro>If—</intro><level class="para1" eId="schedule-15-paragraph-6-a"><num>(a)</num><content>by reason of the construction of any specified work it is reasonably necessary for the Port Authority to incur costs in altering, removing, resiting or reinstating existing moorings owned by the Port Authority, or laying down and removing substituted moorings, or carrying out dredging operations for any such purpose, not being costs which it would have incurred for any other reason; and</content></level><level class="para1" eId="schedule-15-paragraph-6-b"><num>(b)</num><content>the Port Authority gives to the nominated undertaker not less than 28 days’ notice of its intention to incur such costs, and take into account any representations which the nominated undertaker may make in response to the notice within 14 days of the receipt of the notice;</content></level><wrapUp>the nominated undertaker shall pay the costs reasonably so incurred by the Port Authority.</wrapUp></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-VII-paragraph-7" class="schProv1"><num>7</num><content>The nominated undertaker shall, at or near every specified work, and any other work of which the nominated undertaker is in possession in exercise of any of the powers of Part I of this Act, being in either case a work which is below the level of mean high water springs, exhibit such lights, lay down such buoys and take such other steps for preventing danger to navigation as the Port Authority may from time to time reasonably require.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-VII-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-15-part-VII-paragraph-8-1"><num>(1)</num><content>If any specified work or any other work of which the nominated undertaker is in possession in exercise of any of the powers of Part I of this Act, being in either case a work which is below the level of mean high water springs is abandoned, the Port Authority may by notice in writing require the nominated undertaker to take such reasonable steps as may be specified in the notice to remove the work and (to such extent as the Port Authority reasonably requires) to restore the site to its former condition.</content></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-8-2"><num>(2)</num><intro>If any specified work which is below the level of mean high water springs is in such condition that it is, or is likely to become, a danger to or to interfere with navigation in the river, the Port Authority may by notice in writing require the nominated undertaker to take such reasonable steps as may be specified in the notice—</intro><level class="para1" eId="schedule-15-part-VII-paragraph-8-2-a"><num>(a)</num><content>to repair and restore the work or part of it, or</content></level><level class="para1" eId="schedule-15-part-VII-paragraph-8-2-b"><num>(b)</num><content>if the nominated undertaker so elects, to remove the work and (to such extent as the Port Authority reasonably requires) to restore the site to its former condition.</content></level></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-8-3"><num>(3)</num><intro>If—</intro><level class="para1" eId="schedule-15-paragraph-8-3-a"><num>(a)</num><content>a specified work which consists of a tidal work and a non-tidal work is abandoned or falls into decay; and</content></level><level class="para1" eId="schedule-15-paragraph-8-3-b"><num>(b)</num><content>the non-tidal work is in such a condition as to interfere with the right of navigation in the river;</content></level><wrapUp>the Port Authority may include the non-tidal work, or any part of it, in any notice under this paragraph.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-8-4"><num>(4)</num><content>In sub-paragraph (3) above “<term refersTo="#term-tidal-work" eId="term-tidal-work">tidal work</term>” means so much of any specified work as is below the level of mean high water springs and “<term refersTo="#term-non-tidal-work" eId="term-non-tidal-work">non-tidal work</term>” means so much of any such work as is above that level.</content></subparagraph><subparagraph eId="schedule-15-paragraph-8-5"><num>(5)</num><content>If after such reasonable period as may be specified in a notice under this paragraph the nominated undertaker has failed to begin taking steps to comply with the requirements of the notice or after beginning has failed to make reasonably expeditious progress towards their implementation, the Port Authority may carry out the works specified in the notice and any expenditure reasonably incurred by it in so doing shall be recoverable from the nominated undertaker.</content></subparagraph></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-VII-paragraph-9" class="schProv1"><num>9</num><content>Paragraph 9(4) of Schedule 2 to this Act shall apply to any discharge of water under paragraph 9(1) of that Schedule in connection with the construction or maintenance of a specified work notwithstanding that the part of the river affected by the discharge is not a main river.</content></paragraph>

<paragraph xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="schedule-15-part-VII-paragraph-10" class="schProv1"><num>10</num><content>Any dispute arising between the nominated undertaker and the Port Authority under this Part of this Schedule shall, if the parties agree, be determined by arbitration but shall otherwise be determined by the Secretary of State.</content></paragraph>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-6"><num>6</num><heading> Temporary possession and use.</heading><content>Schedule 5 to this Act (which contains provisions about temporary possession and use of land for the purposes of this Part of this Act) shall have effect.</content></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-7-1"><num>(1)</num><intro>All private rights of way over land which is held by the Secretary of State as being required for or in connection with the works authorised by this Part of this Act shall be extinguished—</intro><level class="para1" eId="section-7-1-a"><num>(a)</num><content>in the case of land held by the Secretary of State immediately before the coming into force of this Act, on the coming into force of this Act, and</content></level><level class="para1" eId="section-7-1-b"><num>(b)</num><content>in the case of land acquired by the Secretary of State after the coming into force of this Act, at the appropriate time.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-7-2"><num>(2)</num><intro>For the purposes of subsection (1)(b) above, the appropriate time is the time of acquisition, except where land—</intro><level class="para1" eId="section-7-2-a"><num>(a)</num><content>is acquired compulsorily, and</content></level><level class="para1" eId="section-7-2-b"><num>(b)</num><content>is land in respect of which the power conferred by section 11(1) of the Compulsory Purchase Act 1965 (power of entry following notice to treat) is exercised,</content></level><wrapUp>in which case it is the time of entry under that provision.</wrapUp></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-7-3"><num>(3)</num><content>Any person who suffers loss by the extinguishment of any right of way under this section shall be entitled to be compensated by the nominated undertaker.</content></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-8"><num>8</num><heading> Extinguishment of rights of statutory undertakers <abbr title="et cetera" xml:lang="la">etc.</abbr></heading><subsection eId="section-8-1"><num>(1)</num><content>Sections 271 to 273 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers <abbr title="et cetera" xml:lang="la">etc.</abbr>) shall apply in relation to land held by the Secretary of State as being land which is required for or in connection with the works authorised by this Part of this Act as they apply in relation to land acquired or appropriated as mentioned in section 271(1) of that Act.</content></subsection><subsection eId="section-8-2"><num>(2)</num><content>In the application of sections 271 to 273 of that Act by virtue of subsection (1) above, references to the acquiring or appropriating authority shall be construed as references to the nominated undertaker.</content></subsection><subsection eId="section-8-3"><num>(3)</num><intro>In their application by virtue of subsection (1) above, sections 271 and 272 of that Act shall also have effect with the following modifications—</intro><level class="para1" eId="section-8-3-a"><num>(a)</num><content><mod>in subsection (2), for the words from “with” to “appropriated” there shall be substituted <quotedText>“ authorised by Part I of the Channel Tunnel Rail Link Act 1996 ”</quotedText>, and</mod></content></level><level class="para1" eId="section-8-3-b"><num>(b)</num><content><mod>in subsection (5), for the words from “local” to “or undertakers” there shall be substituted <quotedText>“ a person other than a Minister, he ”</quotedText>.</mod></content></level></subsection><subsection eId="section-8-4"><num>(4)</num><content>In the Town and Country Planning Act 1990, any reference to, or to any provision of, section 271, 272 or 273 shall include a reference to, or to that provision of, that section as applied by subsection (1) above.</content></subsection><subsection eId="section-8-5"><num>(5)</num><intro>In their application by virtue of subsection (4) above, the following provisions of that Act shall have effect with the following modifications—</intro><level class="para1" eId="section-8-5-a"><num>(a)</num><content><mod>in section 274(3), for “local authority or statutory undertakers” there shall be substituted <quotedText>“ person ”</quotedText>, and</mod></content></level><level class="para1" eId="section-8-5-b"><num>(b)</num><content>in sections 274(5), 279(2) to (4) and 280(6), references to the acquiring or appropriating authority shall be construed as references to the nominated undertaker.</content></level></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-8-1"><num>(1)</num><content>Sections 271 to 273 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers <abbr title="et cetera" xml:lang="la">etc.</abbr>) shall apply in relation to land held by the Secretary of State as being land which is required for or in connection with the works authorised by this Part of this Act as they apply in relation to land acquired or appropriated as mentioned in section 271(1) of that Act.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-8-2"><num>(2)</num><content>In the application of sections 271 to 273 of that Act by virtue of subsection (1) above, references to the acquiring or appropriating authority shall be construed as references to the nominated undertaker.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-8-3"><num>(3)</num><intro>In their application by virtue of subsection (1) above, sections 271 and 272 of that Act shall also have effect with the following modifications—</intro><level class="para1" eId="section-8-3-a"><num>(a)</num><content><mod>in subsection (2), for the words from “with” to “appropriated” there shall be substituted <quotedText>“ authorised by Part I of the Channel Tunnel Rail Link Act 1996 ”</quotedText>, and</mod></content></level><level class="para1" eId="section-8-3-b"><num>(b)</num><content><mod>in subsection (5), for the words from “local” to “or undertakers” there shall be substituted <quotedText>“ a person other than a Minister, he ”</quotedText>.</mod></content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-8-4"><num>(4)</num><content>In the Town and Country Planning Act 1990, any reference to, or to any provision of, section 271, 272 or 273 shall include a reference to, or to that provision of, that section as applied by subsection (1) above.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-8-5"><num>(5)</num><intro>In their application by virtue of subsection (4) above, the following provisions of that Act shall have effect with the following modifications—</intro><level class="para1" eId="section-8-5-a"><num>(a)</num><content><mod>in section 274(3), for “local authority or statutory undertakers” there shall be substituted <quotedText>“ person ”</quotedText>, and</mod></content></level><level class="para1" eId="section-8-5-b"><num>(b)</num><content>in sections 274(5), 279(2) to (4) and 280(6), references to the acquiring or appropriating authority shall be construed as references to the nominated undertaker.</content></level></subsection>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-planning-and-heritage"><heading> Planning and heritage</heading><section eId="section-9"><num>9</num><heading> Planning: general.</heading><subsection eId="section-9-1"><num>(1)</num><content>Subject to subsections (2) and (4) below, planning permission shall be deemed to be granted under Part III of the Town and Country Planning Act 1990 for the carrying out of development authorised by this Part of this Act.</content></subsection><subsection eId="section-9-2"><num>(2)</num><intro>In the case of development consisting of the provision of parking at <abbr title="Saint">St.</abbr> Pancras in London, other than short term parking for coaches or taxis, subsection (1) above shall only apply to development which—</intro><level class="para1" eId="section-9-2-a"><num>(a)</num><content>is carried out on land within the limits of deviation for Works <abbr title="Numbers">Nos.</abbr> 1C, 1CC, 5C, 5D, 5D(1) or 5EE or the land in the London Borough of Camden numbered 37 and 61 on the deposited plans, and</content></level><level class="para1" eId="section-9-2-b"><num>(b)</num><intro>does not, when taken together with any other relevant development—</intro><level class="para2" eId="section-9-2-b-i"><num>(i)</num><content>so far as involving the provision of parking for cars, involve the provision of more than 750 parking spaces, and</content></level><level class="para2" eId="section-9-2-b-ii"><num>(ii)</num><content>so far as involving the provision of parking for coaches, involve the provision of more than 30 parking spaces.</content></level></level></subsection><subsection eId="section-9-3"><num>(3)</num><intro>For the purposes of subsection (2)(b) above, relevant development is development consisting of the provision of parking, other than short term parking for coaches or taxis—</intro><level class="para1" eId="section-9-3-a"><num>(a)</num><content>which is carried out on such land as is mentioned in subsection (2)(a) above, and</content></level><level class="para1" eId="section-9-3-b"><num>(b)</num><content>for which planning permission is deemed by subsection (1) above to be granted.</content></level></subsection><subsection eId="section-9-4"><num>(4)</num><intro>In the case of development consisting of the provision of a combined international and domestic passenger station and parking at Ebbsfleet in Kent, subsection (1) above shall only apply to development which—</intro><level class="para1" eId="section-9-4-a"><num>(a)</num><content>is carried out on the land in the borough of Dartford, parish of Swanscombe and Greenhithe, numbered 25 to 33 on the deposited plans and the land in the borough of Gravesham, town of Gravesend, numbered 16, 17, 22 to 34, 45, 46, 109, 110 and 112 on those plans, and</content></level><level class="para1" eId="section-9-4-b"><num>(b)</num><content>does not involve the provision of more than 9,000 parking spaces.</content></level></subsection><subsection eId="section-9-5"><num>(5)</num><content>Schedule 6 to this Act (which makes provision about planning conditions) shall have effect in relation to development for which planning permission is deemed by subsection (1) above to be granted, other than development to which subsection (2) or (4) above applies.</content></subsection><subsection eId="section-9-6"><num>(6)</num><content>The planning permission deemed by subsection (1) above to be granted shall, so far as relating to development to which subsection (2) or (4) above applies, be deemed to be granted subject to a condition specifying the matters mentioned in subsection (7) below as reserved matters for the subsequent approval of the relevant planning authority.</content></subsection><subsection eId="section-9-7"><num>(7)</num><intro>The matters referred to above are—</intro><level class="para1" eId="section-9-7-a"><num>(a)</num><content>in the case of development to which subsection (2) above applies, the siting, design and external appearance of, and means of access to, the development, and</content></level><level class="para1" eId="section-9-7-b"><num>(b)</num><content>in the case of development to which subsection (4) above applies, the siting, layout, design, external appearance and landscaping of the development.</content></level></subsection><subsection eId="section-9-8"><num>(8)</num><content>Development for which permission is deemed by this section to be granted shall be treated as not being development of a class for which planning permission is granted by the <noteRef href="#c1251933" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning (General Permitted Development) Order 1995 (or any order replacing that order).</content></subsection><subsection eId="section-9-9"><num>(9)</num><content>Planning permission which is deemed by this section to be granted shall be treated as specific planning permission for the purposes of section 264(3)(a) of the <noteRef href="#c1251934" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990 (specific planning permission for the development of statutory undertakers’ land relevant to whether the land is operational land).</content></subsection><subsection eId="section-9-10"><num>(10)</num><content>In subsections (2) and (4) above, references to development consisting of the provision of parking do not include development consisting of the provision of parking on working sites.</content></subsection><subsection eId="section-9-11"><num>(11)</num><intro>In subsection (6) above, “<term refersTo="#term-relevant-planning-authority" eId="term-relevant-planning-authority">relevant planning authority</term>” means—</intro><level class="para1" eId="section-9-11-a"><num>(a)</num><content>in relation to Greater London, the local planning authority, and</content></level><level class="para1" eId="section-9-11-b"><num>(b)</num><content>in relation to Essex or Kent, the district planning authority.</content></level></subsection></section><section eId="section-10"><num>10</num><heading> Permitted development: time limits.</heading><subsection eId="section-10-1"><num>(1)</num><intro>It shall be a condition of the planning permission deemed by section 9(1) above to be granted, so far as relating to—</intro><level class="para1" eId="section-10-1-a"><num>(a)</num><content>development consisting of the carrying out of a scheduled work, or</content></level><level class="para1" eId="section-10-1-b"><num>(b)</num><content>development to which section 9(2) or (4) above applies,</content></level><wrapUp>that the development must be begun not later than the end of 10 years beginning with the day on which this Act is passed.</wrapUp></subsection><subsection eId="section-10-2"><num>(2)</num><content>The Secretary of State may, in relation to any development to which the condition imposed by subsection (1) above applies, by order extend the period by reference to which the condition operates.</content></subsection><subsection eId="section-10-3"><num>(3)</num><content>The power conferred by subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subsection><subsection eId="section-10-4"><num>(4)</num><content>Nothing in section 91 of the Town and Country Planning Act 1990 (limit on duration of planning permission) shall apply to the planning permission deemed by section 9(1) above to be granted.</content></subsection><subsection eId="section-10-5"><num>(5)</num><content>Section 94 of that Act (completion notices) shall apply where development to which section 9(2) or (4) above applies has been begun within the period by reference to which the condition mentioned in subsection (1) above operates, but that period has elapsed without the development having been completed.</content></subsection><subsection eId="section-10-6"><num>(6)</num><content><mod>In their application by virtue of subsection (5) above, sections 94(2) and (5) and 95(2) of that Act shall have effect with the insertion after “permission” of <quotedText>“ deemed by section 9(1) of the Channel Tunnel Rail Link Act 1996 to be granted, so far as relating to the development, ”</quotedText>.</mod></content></subsection></section><section eId="section-11"><num>11</num><heading> Fees for planning applications.</heading><subsection eId="section-11-1"><num>(1)</num><content>The <ins class="first last" ukl:ChangeId="d29p684" ukl:CommentaryRef="c1251936"><noteRef uk:name="commentary" href="#c1251936" class="commentary"/>Secretary of State</ins> may by regulations make provision about fees for relevant planning applications.</content></subsection><subsection eId="section-11-2"><num>(2)</num><intro>Regulations under subsection (1) above may, in particular—</intro><level class="para1" eId="section-11-2-a"><num>(a)</num><content>make provision for the payment to the authority to which a relevant planning application is made of a fee of a prescribed amount,</content></level><level class="para1" eId="section-11-2-b"><num>(b)</num><content>make provision for the remission or refunding of a prescribed fee (in whole or part) in prescribed circumstances,</content></level><level class="para1" eId="section-11-2-c"><num>(c)</num><content>make provision for a prescribed fee to be treated as paid in prescribed circumstances,</content></level><level class="para1" eId="section-11-2-d"><num>(d)</num><content>make provision about the time for payment of a prescribed fee,</content></level><level class="para1" eId="section-11-2-e"><num>(e)</num><content>make provision about the consequences of non-payment of a prescribed fee, including provision for the termination of the application concerned or any appeal against its refusal, and</content></level><level class="para1" eId="section-11-2-f"><num>(f)</num><content>make provision for the resolution of disputes.</content></level></subsection><subsection eId="section-11-3"><num>(3)</num><intro>Regulations under subsection (1) above may—</intro><level class="para1" eId="section-11-3-a"><num>(a)</num><content>make such supplementary, incidental or consequential provision as the <ins class="first last" ukl:ChangeId="d29p742" ukl:CommentaryRef="c1251937"><noteRef uk:name="commentary" href="#c1251937" class="commentary"/>Secretary of State thinks</ins> fit, and</content></level><level class="para1" eId="section-11-3-b"><num>(b)</num><content>make different provision for different cases.</content></level></subsection><subsection eId="section-11-4"><num>(4)</num><content>The power to make regulations under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subsection><subsection eId="section-11-5"><num>(5)</num><content>Nothing in regulations under section 303 of the <noteRef href="#c1251938" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990 (fees for planning applications) shall apply to a relevant planning application.</content></subsection><subsection eId="section-11-6"><num>(6)</num><content>In this section—<blockList class="unordered none" ukl:Name="UnorderedList" ukl:Decoration="none"><item><noteRef href="#c1251939" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>. . .</item><item>“<term refersTo="#term-prescribed" eId="term-prescribed">prescribed</term>” means prescribed in regulations under subsection (1) above; and</item><item>“<term refersTo="#term-relevant-planning-application" eId="term-relevant-planning-application">relevant planning application</term>” means a request for approval under the planning permission deemed by section 9(1) above to be granted.</item></blockList></content></subsection></section><section eId="section-12"><num>12</num><heading> Heritage.</heading><content>Schedule 7 to this Act (which makes provision for the disapplication or modification, in relation to authorised works, of controls relating to listed buildings, buildings in conservation areas and ancient monuments <abbr title="et cetera" xml:lang="la">etc.</abbr>) shall have effect.</content></section><section eId="section-13"><num>13</num><heading> Heritage: rights of entry.</heading><content>Schedule 8 to this Act (which makes provision about rights of entry for the Historic Buildings and Monuments Commission for England and the Royal Commission on the Historical Monuments of England) shall have effect.</content></section></hcontainer>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="section-9"><num>9</num><heading> Planning: general.</heading><subsection eId="section-9-1"><num>(1)</num><content>Subject to subsections (2) and (4) below, planning permission shall be deemed to be granted under Part III of the Town and Country Planning Act 1990 for the carrying out of development authorised by this Part of this Act.</content></subsection><subsection eId="section-9-2"><num>(2)</num><intro>In the case of development consisting of the provision of parking at <abbr title="Saint">St.</abbr> Pancras in London, other than short term parking for coaches or taxis, subsection (1) above shall only apply to development which—</intro><level class="para1" eId="section-9-2-a"><num>(a)</num><content>is carried out on land within the limits of deviation for Works <abbr title="Numbers">Nos.</abbr> 1C, 1CC, 5C, 5D, 5D(1) or 5EE or the land in the London Borough of Camden numbered 37 and 61 on the deposited plans, and</content></level><level class="para1" eId="section-9-2-b"><num>(b)</num><intro>does not, when taken together with any other relevant development—</intro><level class="para2" eId="section-9-2-b-i"><num>(i)</num><content>so far as involving the provision of parking for cars, involve the provision of more than 750 parking spaces, and</content></level><level class="para2" eId="section-9-2-b-ii"><num>(ii)</num><content>so far as involving the provision of parking for coaches, involve the provision of more than 30 parking spaces.</content></level></level></subsection><subsection eId="section-9-3"><num>(3)</num><intro>For the purposes of subsection (2)(b) above, relevant development is development consisting of the provision of parking, other than short term parking for coaches or taxis—</intro><level class="para1" eId="section-9-3-a"><num>(a)</num><content>which is carried out on such land as is mentioned in subsection (2)(a) above, and</content></level><level class="para1" eId="section-9-3-b"><num>(b)</num><content>for which planning permission is deemed by subsection (1) above to be granted.</content></level></subsection><subsection eId="section-9-4"><num>(4)</num><intro>In the case of development consisting of the provision of a combined international and domestic passenger station and parking at Ebbsfleet in Kent, subsection (1) above shall only apply to development which—</intro><level class="para1" eId="section-9-4-a"><num>(a)</num><content>is carried out on the land in the borough of Dartford, parish of Swanscombe and Greenhithe, numbered 25 to 33 on the deposited plans and the land in the borough of Gravesham, town of Gravesend, numbered 16, 17, 22 to 34, 45, 46, 109, 110 and 112 on those plans, and</content></level><level class="para1" eId="section-9-4-b"><num>(b)</num><content>does not involve the provision of more than 9,000 parking spaces.</content></level></subsection><subsection eId="section-9-5"><num>(5)</num><content>Schedule 6 to this Act (which makes provision about planning conditions) shall have effect in relation to development for which planning permission is deemed by subsection (1) above to be granted, other than development to which subsection (2) or (4) above applies.</content></subsection><subsection eId="section-9-6"><num>(6)</num><content>The planning permission deemed by subsection (1) above to be granted shall, so far as relating to development to which subsection (2) or (4) above applies, be deemed to be granted subject to a condition specifying the matters mentioned in subsection (7) below as reserved matters for the subsequent approval of the relevant planning authority.</content></subsection><subsection eId="section-9-7"><num>(7)</num><intro>The matters referred to above are—</intro><level class="para1" eId="section-9-7-a"><num>(a)</num><content>in the case of development to which subsection (2) above applies, the siting, design and external appearance of, and means of access to, the development, and</content></level><level class="para1" eId="section-9-7-b"><num>(b)</num><content>in the case of development to which subsection (4) above applies, the siting, layout, design, external appearance and landscaping of the development.</content></level></subsection><subsection eId="section-9-8"><num>(8)</num><content>Development for which permission is deemed by this section to be granted shall be treated as not being development of a class for which planning permission is granted by the <noteRef href="#c1251933" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning (General Permitted Development) Order 1995 (or any order replacing that order).</content></subsection><subsection eId="section-9-9"><num>(9)</num><content>Planning permission which is deemed by this section to be granted shall be treated as specific planning permission for the purposes of section 264(3)(a) of the <noteRef href="#c1251934" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990 (specific planning permission for the development of statutory undertakers’ land relevant to whether the land is operational land).</content></subsection><subsection eId="section-9-10"><num>(10)</num><content>In subsections (2) and (4) above, references to development consisting of the provision of parking do not include development consisting of the provision of parking on working sites.</content></subsection><subsection eId="section-9-11"><num>(11)</num><intro>In subsection (6) above, “<term refersTo="#term-relevant-planning-authority" eId="term-relevant-planning-authority">relevant planning authority</term>” means—</intro><level class="para1" eId="section-9-11-a"><num>(a)</num><content>in relation to Greater London, the local planning authority, and</content></level><level class="para1" eId="section-9-11-b"><num>(b)</num><content>in relation to Essex or Kent, the district planning authority.</content></level></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-9-1"><num>(1)</num><content>Subject to subsections (2) and (4) below, planning permission shall be deemed to be granted under Part III of the Town and Country Planning Act 1990 for the carrying out of development authorised by this Part of this Act.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-9-2"><num>(2)</num><intro>In the case of development consisting of the provision of parking at <abbr title="Saint">St.</abbr> Pancras in London, other than short term parking for coaches or taxis, subsection (1) above shall only apply to development which—</intro><level class="para1" eId="section-9-2-a"><num>(a)</num><content>is carried out on land within the limits of deviation for Works <abbr title="Numbers">Nos.</abbr> 1C, 1CC, 5C, 5D, 5D(1) or 5EE or the land in the London Borough of Camden numbered 37 and 61 on the deposited plans, and</content></level><level class="para1" eId="section-9-2-b"><num>(b)</num><intro>does not, when taken together with any other relevant development—</intro><level class="para2" eId="section-9-2-b-i"><num>(i)</num><content>so far as involving the provision of parking for cars, involve the provision of more than 750 parking spaces, and</content></level><level class="para2" eId="section-9-2-b-ii"><num>(ii)</num><content>so far as involving the provision of parking for coaches, involve the provision of more than 30 parking spaces.</content></level></level></subsection>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-9-2-a"><num>(a)</num><content>is carried out on land within the limits of deviation for Works <abbr title="Numbers">Nos.</abbr> 1C, 1CC, 5C, 5D, 5D(1) or 5EE or the land in the London Borough of Camden numbered 37 and 61 on the deposited plans, and</content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-9-2-b"><num>(b)</num><intro>does not, when taken together with any other relevant development—</intro><level class="para2" eId="section-9-2-b-i"><num>(i)</num><content>so far as involving the provision of parking for cars, involve the provision of more than 750 parking spaces, and</content></level><level class="para2" eId="section-9-2-b-ii"><num>(ii)</num><content>so far as involving the provision of parking for coaches, involve the provision of more than 30 parking spaces.</content></level></level>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-9-3"><num>(3)</num><intro>For the purposes of subsection (2)(b) above, relevant development is development consisting of the provision of parking, other than short term parking for coaches or taxis—</intro><level class="para1" eId="section-9-3-a"><num>(a)</num><content>which is carried out on such land as is mentioned in subsection (2)(a) above, and</content></level><level class="para1" eId="section-9-3-b"><num>(b)</num><content>for which planning permission is deemed by subsection (1) above to be granted.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-9-4"><num>(4)</num><intro>In the case of development consisting of the provision of a combined international and domestic passenger station and parking at Ebbsfleet in Kent, subsection (1) above shall only apply to development which—</intro><level class="para1" eId="section-9-4-a"><num>(a)</num><content>is carried out on the land in the borough of Dartford, parish of Swanscombe and Greenhithe, numbered 25 to 33 on the deposited plans and the land in the borough of Gravesham, town of Gravesend, numbered 16, 17, 22 to 34, 45, 46, 109, 110 and 112 on those plans, and</content></level><level class="para1" eId="section-9-4-b"><num>(b)</num><content>does not involve the provision of more than 9,000 parking spaces.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-9-5"><num>(5)</num><content>Schedule 6 to this Act (which makes provision about planning conditions) shall have effect in relation to development for which planning permission is deemed by subsection (1) above to be granted, other than development to which subsection (2) or (4) above applies.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-9-6"><num>(6)</num><content>The planning permission deemed by subsection (1) above to be granted shall, so far as relating to development to which subsection (2) or (4) above applies, be deemed to be granted subject to a condition specifying the matters mentioned in subsection (7) below as reserved matters for the subsequent approval of the relevant planning authority.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-9-7"><num>(7)</num><intro>The matters referred to above are—</intro><level class="para1" eId="section-9-7-a"><num>(a)</num><content>in the case of development to which subsection (2) above applies, the siting, design and external appearance of, and means of access to, the development, and</content></level><level class="para1" eId="section-9-7-b"><num>(b)</num><content>in the case of development to which subsection (4) above applies, the siting, layout, design, external appearance and landscaping of the development.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-9-10"><num>(10)</num><content>In subsections (2) and (4) above, references to development consisting of the provision of parking do not include development consisting of the provision of parking on working sites.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-9-11"><num>(11)</num><intro>In subsection (6) above, “<term refersTo="#term-relevant-planning-authority" eId="term-relevant-planning-authority">relevant planning authority</term>” means—</intro><level class="para1" eId="section-9-11-a"><num>(a)</num><content>in relation to Greater London, the local planning authority, and</content></level><level class="para1" eId="section-9-11-b"><num>(b)</num><content>in relation to Essex or Kent, the district planning authority.</content></level></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-10"><num>10</num><heading> Permitted development: time limits.</heading><subsection eId="section-10-1"><num>(1)</num><intro>It shall be a condition of the planning permission deemed by section 9(1) above to be granted, so far as relating to—</intro><level class="para1" eId="section-10-1-a"><num>(a)</num><content>development consisting of the carrying out of a scheduled work, or</content></level><level class="para1" eId="section-10-1-b"><num>(b)</num><content>development to which section 9(2) or (4) above applies,</content></level><wrapUp>that the development must be begun not later than the end of 10 years beginning with the day on which this Act is passed.</wrapUp></subsection><subsection eId="section-10-2"><num>(2)</num><content>The Secretary of State may, in relation to any development to which the condition imposed by subsection (1) above applies, by order extend the period by reference to which the condition operates.</content></subsection><subsection eId="section-10-3"><num>(3)</num><content>The power conferred by subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subsection><subsection eId="section-10-4"><num>(4)</num><content>Nothing in section 91 of the Town and Country Planning Act 1990 (limit on duration of planning permission) shall apply to the planning permission deemed by section 9(1) above to be granted.</content></subsection><subsection eId="section-10-5"><num>(5)</num><content>Section 94 of that Act (completion notices) shall apply where development to which section 9(2) or (4) above applies has been begun within the period by reference to which the condition mentioned in subsection (1) above operates, but that period has elapsed without the development having been completed.</content></subsection><subsection eId="section-10-6"><num>(6)</num><content><mod>In their application by virtue of subsection (5) above, sections 94(2) and (5) and 95(2) of that Act shall have effect with the insertion after “permission” of <quotedText>“ deemed by section 9(1) of the Channel Tunnel Rail Link Act 1996 to be granted, so far as relating to the development, ”</quotedText>.</mod></content></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-10-1"><num>(1)</num><intro>It shall be a condition of the planning permission deemed by section 9(1) above to be granted, so far as relating to—</intro><level class="para1" eId="section-10-1-a"><num>(a)</num><content>development consisting of the carrying out of a scheduled work, or</content></level><level class="para1" eId="section-10-1-b"><num>(b)</num><content>development to which section 9(2) or (4) above applies,</content></level><wrapUp>that the development must be begun not later than the end of 10 years beginning with the day on which this Act is passed.</wrapUp></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-10-2"><num>(2)</num><content>The Secretary of State may, in relation to any development to which the condition imposed by subsection (1) above applies, by order extend the period by reference to which the condition operates.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-10-3"><num>(3)</num><content>The power conferred by subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-10-4"><num>(4)</num><content>Nothing in section 91 of the Town and Country Planning Act 1990 (limit on duration of planning permission) shall apply to the planning permission deemed by section 9(1) above to be granted.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-10-5"><num>(5)</num><content>Section 94 of that Act (completion notices) shall apply where development to which section 9(2) or (4) above applies has been begun within the period by reference to which the condition mentioned in subsection (1) above operates, but that period has elapsed without the development having been completed.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-10-6"><num>(6)</num><content><mod>In their application by virtue of subsection (5) above, sections 94(2) and (5) and 95(2) of that Act shall have effect with the insertion after “permission” of <quotedText>“ deemed by section 9(1) of the Channel Tunnel Rail Link Act 1996 to be granted, so far as relating to the development, ”</quotedText>.</mod></content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-11-2"><num>(2)</num><intro>Regulations under subsection (1) above may, in particular—</intro><level class="para1" eId="section-11-2-a"><num>(a)</num><content>make provision for the payment to the authority to which a relevant planning application is made of a fee of a prescribed amount,</content></level><level class="para1" eId="section-11-2-b"><num>(b)</num><content>make provision for the remission or refunding of a prescribed fee (in whole or part) in prescribed circumstances,</content></level><level class="para1" eId="section-11-2-c"><num>(c)</num><content>make provision for a prescribed fee to be treated as paid in prescribed circumstances,</content></level><level class="para1" eId="section-11-2-d"><num>(d)</num><content>make provision about the time for payment of a prescribed fee,</content></level><level class="para1" eId="section-11-2-e"><num>(e)</num><content>make provision about the consequences of non-payment of a prescribed fee, including provision for the termination of the application concerned or any appeal against its refusal, and</content></level><level class="para1" eId="section-11-2-f"><num>(f)</num><content>make provision for the resolution of disputes.</content></level></subsection>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-11-2-a"><num>(a)</num><content>make provision for the payment to the authority to which a relevant planning application is made of a fee of a prescribed amount,</content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-11-2-b"><num>(b)</num><content>make provision for the remission or refunding of a prescribed fee (in whole or part) in prescribed circumstances,</content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-11-2-c"><num>(c)</num><content>make provision for a prescribed fee to be treated as paid in prescribed circumstances,</content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-11-2-d"><num>(d)</num><content>make provision about the time for payment of a prescribed fee,</content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-11-2-e"><num>(e)</num><content>make provision about the consequences of non-payment of a prescribed fee, including provision for the termination of the application concerned or any appeal against its refusal, and</content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-11-2-f"><num>(f)</num><content>make provision for the resolution of disputes.</content></level>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-11-4"><num>(4)</num><content>The power to make regulations under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-12"><num>12</num><heading> Heritage.</heading><content>Schedule 7 to this Act (which makes provision for the disapplication or modification, in relation to authorised works, of controls relating to listed buildings, buildings in conservation areas and ancient monuments <abbr title="et cetera" xml:lang="la">etc.</abbr>) shall have effect.</content></section>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-13"><num>13</num><heading> Heritage: rights of entry.</heading><content>Schedule 8 to this Act (which makes provision about rights of entry for the Historic Buildings and Monuments Commission for England and the Royal Commission on the Historical Monuments of England) shall have effect.</content></section>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-operation"><heading> Operation</heading><section eId="section-14"><num>14</num><heading> Operation and use of authorised works.</heading><subsection eId="section-14-1"><num>(1)</num><intro>The nominated undertaker may, in relation to the works authorised by this Part of this Act—</intro><level class="para1" eId="section-14-1-a"><num>(a)</num><content>operate them for the purpose of providing infrastructure services, and</content></level><level class="para1" eId="section-14-1-b"><num>(b)</num><content>use them for the purpose of providing services for the carriage of passengers or goods.</content></level></subsection><subsection eId="section-14-2"><num>(2)</num><content>In subsection (1) above, the reference to infrastructure services is to services which are network services or station services for the purposes of Part I of the <noteRef href="#c1251941" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Act 1993.</content></subsection></section><section eId="section-15"><num>15</num><heading> Bye-laws.</heading><content>For the purposes of section 129 of the Railways Act 1993 (power of independent railway operator to make bye-laws), the nominated undertaker shall be treated as an independent railway operator.</content></section></hcontainer>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-14-1"><num>(1)</num><intro>The nominated undertaker may, in relation to the works authorised by this Part of this Act—</intro><level class="para1" eId="section-14-1-a"><num>(a)</num><content>operate them for the purpose of providing infrastructure services, and</content></level><level class="para1" eId="section-14-1-b"><num>(b)</num><content>use them for the purpose of providing services for the carriage of passengers or goods.</content></level></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-15"><num>15</num><heading> Bye-laws.</heading><content>For the purposes of section 129 of the Railways Act 1993 (power of independent railway operator to make bye-laws), the nominated undertaker shall be treated as an independent railway operator.</content></section>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-application-of-railway-legislation"><heading> Application of railway legislation</heading><section eId="section-16"><num>16</num><heading> Licensing.</heading><subsection eId="section-16-1"><num>(1)</num><intro>Section 6(1) of the <noteRef href="#c1251943" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Act 1993 (which prohibits any person from acting as the operator of a network, station or train being used on a network unless authorised by a licence under section 8 of that Act) shall not apply in relation to—</intro><level class="para1" eId="section-16-1-a"><num>(a)</num><content>any network comprised in the rail link,</content></level><level class="para1" eId="section-16-1-b"><num>(b)</num><content>any rail link station, or</content></level><level class="para1" eId="section-16-1-c"><num>(c)</num><content>any train being used, in circumstances in which subsection (2) below applies, on a network comprised in the rail link.</content></level></subsection><subsection eId="section-16-2"><num>(2)</num><intro>This subsection applies if—</intro><level class="para1" eId="section-16-2-a"><num>(a)</num><content>the train is being used to provide a service involving travel through the Channel Tunnel, or</content></level><level class="para1" eId="section-16-2-b"><num>(b)</num><content>the operator of the train is a rail link undertaker and the train is being used to provide a service for the carriage of goods which does not involve carriage outside the rail link.</content></level></subsection><subsection eId="section-16-3"><num>(3)</num><content>There shall not be included in a licence under section 8 of the Railways Act 1993 any condition relating to an activity in respect of which the licence holder is exempt from section 6(1) of that Act by virtue of subsection (1) above; and any condition which is included in such a licence shall be of no effect so far as relating to such an activity.</content></subsection><subsection eId="section-16-4"><num>(4)</num><intro>For the purposes of subsection (1)(b) above, the following stations are rail link stations—</intro><level class="para1" eId="section-16-4-a"><num>(a)</num><content><abbr title="Saint">St.</abbr> Pancras in London,</content></level><level class="para1" eId="section-16-4-b"><num>(b)</num><content>any station constructed for the purposes of the rail link in exercise of the powers conferred by this Part of this Act, and</content></level><level class="para1" eId="section-16-4-c"><num>(c)</num><content>any station constructed for the purposes of the rail link at Stratford, in the London Borough of Newham.</content></level></subsection><subsection eId="section-16-5"><num>(5)</num><content>Any expression used in this section and Part I of the Railways Act 1993 shall have the same meaning in this section as it has in that Part.</content></subsection></section><section eId="section-17"><num>17</num><heading> Access agreements.</heading><subsection eId="section-17-1"><num>(1)</num><content>No directions under section 17(1) of the Railways Act 1993 (which enables the <ins class="substitution first last" ukl:ChangeId="key-365dca9789db58450da9e2501e0a6b3e-1479185237942" ukl:CommentaryRef="key-365dca9789db58450da9e2501e0a6b3e"><noteRef uk:name="commentary" href="#key-365dca9789db58450da9e2501e0a6b3e" class="commentary"/>Office of Rail and Road</ins> to direct facility owners to enter into contracts for the use of their railway facilities) may be given to a rail link undertaker in relation to a rail link facility.</content></subsection><subsection eId="section-17-2"><num>(2)</num><content><noteRef href="#key-44e4624f0a59a184cffe26bacefd2d6a" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>... section 18(1) of that Act (which restricts the freedom of a facility owner to enter into an access contract) shall not apply to the entry by a rail link undertaker into an access contract relating to a rail link facility.</content></subsection><subsection eId="section-17-3"><num><noteRef href="#key-8dbc708634a4bcd2e327ac7296e1fca7" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>(3)</num><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></subsection><subsection eId="section-17-4"><num>(4)</num><content>No directions under section 19(1) of that Act (which enables the <ins class="substitution first last" ukl:ChangeId="key-365dca9789db58450da9e2501e0a6b3e-1479185260492" ukl:CommentaryRef="key-365dca9789db58450da9e2501e0a6b3e"><noteRef uk:name="commentary" href="#key-365dca9789db58450da9e2501e0a6b3e" class="commentary"/>Office of Rail and Road</ins> to direct installation owners to enter into contracts for the use of their installations) may be given to a rail link undertaker in relation to a network installation comprised in the rail link.</content></subsection><subsection eId="section-17-5"><num>(5)</num><intro>In this section—</intro><hcontainer name="definition"><content>“<term refersTo="#term-access-contract" eId="term-access-contract">access contract</term>”, “<term refersTo="#term-network-installation" eId="term-network-installation">network installation</term>” and “<term refersTo="#term-railway-facility" eId="term-railway-facility">railway facility</term>” have the same meanings as in Part I of the <noteRef href="#c1251945" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Act 1993; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-rail-link-facility" eId="term-rail-link-facility">rail link facility</term>” means a railway facility which is used wholly or partly for the purposes of or in connection with the provision of services for the carriage of passengers or goods on the rail link.</content></hcontainer></subsection></section><section eId="section-18"><num>18</num><heading> Closures.</heading><content>The following provisions of the Railways Act 1993—<blockList class="unordered none" ukl:Name="UnorderedList" ukl:Decoration="none"><item>section 38 (proposals to discontinue franchised <abbr title="et cetera" xml:lang="la">etc.</abbr> passenger services), and</item><item>section 48(3) (duties in relation to discontinuation of certain experimental passenger services),</item></blockList>shall not have effect in relation to services which involve travel on the rail link.</content></section><section eId="section-19"><num>19</num><heading> Railway administration orders.</heading><subsection eId="section-19-1"><num>(1)</num><intro>In section 59 of the 1993 Act (which defines a railway administration order as a court order under section 60, 61 or 62 of that Act in relation to a protected railway company) subsection (6) (paragraph (a) of which defines a “<term refersTo="#term-protected-railway-company" eId="term-protected-railway-company">protected railway company</term>” and paragraph (b) of which defines its “<term refersTo="#term-relevant-activities" eId="term-relevant-activities">relevant activities</term>”) shall have effect, in relation to a rail link service operator—</intro><level class="para1" eId="section-19-1-a"><num>(a)</num><content>with the omission, in paragraph (a), of “both” and the words from “and the” to the end, and</content></level><level class="para1" eId="section-19-1-b"><num>(b)</num><content><mod>with the substitution for paragraph (b)(i) and (ii) of <quotedText>“ its activities as the operator of a railway asset ”</quotedText>.</mod></content></level></subsection><subsection eId="section-19-2"><num>(2)</num><intro><del class="first" ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a"><noteRef uk:name="commentary" href="#key-60faa627d83a020fde3504e8b9630b1a" class="commentary"/>For the purposes of the following provisions, namely—</del></intro><level class="para1" eId="section-19-2-a"><num><del ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a">(a)</del></num><content><del ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a">sections 60(1)(b), 61(1)(a)(ii) and (2)(b), and 62(2)(a)(ii), (3)(b), (5)(a)(ii), (6)(b) and (7)(b) of the 1993 Act, and</del></content></level><level class="para1" eId="section-19-2-b"><num><del ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a">(b)</del></num><content><del ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a">sections 13(3)(b), 18(1)(b) and 27(1A) of the 1986 Act, as applied by Schedule 6 to the 1993 Act,</del></content></level><wrapUp><del ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a">(which give the </del><del ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a"><ins class="first last" ukl:ChangeId="d29p1096" ukl:CommentaryRef="c1251950"><noteRef uk:name="commentary" href="#c1251950" class="commentary"/>Strategic Rail Authority</ins></del><del class="last" ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a"> a role in relation to a protected railway company which is the holder of a passenger licence) a rail link service operator which is the holder of a passenger licence shall be treated as if it were not the holder of such a licence.</del></wrapUp></subsection><subsection eId="section-19-3"><num>(3)</num><intro>Section 60 of the 1993 Act (railway administration orders made on special petitions), in its application to a rail link service operator, shall have effect with the following modifications—</intro><level class="para1" eId="section-19-3-a"><num>(a)</num><content><mod>in subsection (1), for “either or both” there shall be substituted <quotedText>“ any ”</quotedText>,</mod></content></level><level class="para1" eId="section-19-3-b"><num>(b)</num><content><mod>in subsection (2), at the end there shall be inserted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><level class="para1"><num>(c)</num><content>that an agreement between the Secretary of State and a relevant rail link undertaker has terminated.</content></level></quotedStructure><inline name="appendText">, and</inline></mod></content></level><level class="para1" eId="section-19-3-c"><num>(c)</num><content><mod>in subsection (7), at the end there shall be inserted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">“<term refersTo="#term-rail-link">rail link</term>” has the same meaning as in the Channel Tunnel Rail Link Act 1996;“<term refersTo="#term-relevant-rail-link-undertaker">relevant rail link undertaker</term>” means a person who, under section 34 of that Act, is the nominated undertaker for any purpose of section 1(1) or 14(1)(a) of that Act, so far as relating to the rail link.</quotedStructure></mod></content></level></subsection><subsection eId="section-19-4"><num>(4)</num><content><mod>Section 17 of the 1986 Act (duties of administrator), as applied by Schedule 6 to the 1993 Act, shall have effect, in relation to the administration of a rail link service operator, with the insertion after subsection (2) of—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><subsection><num>(2A)</num><content>Subsection (2) shall only apply if the proposals have been approved by the Secretary of State and, where he approves them with modifications, shall apply as if the proposals prepared for the purposes of section 23 were the proposals as so modified.</content></subsection></quotedStructure></mod></content></subsection><subsection eId="section-19-5"><num>(5)</num><content><del class="first" ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063182812" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><noteRef uk:name="commentary" href="#key-edace47030e70461dd2c205487246a75" class="commentary"/>The following provisions of the 1986 Act, as applied by Schedule 6 to the 1993 Act, namely, sections 18(4), 21(2), 23(1) and (2) and 27(6) (which require documents to be sent to specified persons) shall not have effect to require any document relating to a rail link service operator to be sent to the </del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063182812" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><ins class="first last" ukl:ChangeId="d29p1169" ukl:CommentaryRef="c1251950"><noteRef uk:name="commentary" href="#c1251950" class="commentary"/>Strategic Rail Authority</ins></del><del class="last" ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063182812" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">.</del></content></subsection><subsection eId="section-19-6"><num>(6)</num><intro><del class="first" ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><noteRef uk:name="commentary" href="#key-edace47030e70461dd2c205487246a75" class="commentary"/>In Schedule 7 to the 1993 Act (transfer of relevant activities in connection with railway administration orders) paragraph 2 (making and modification of transfer schemes) shall have effect, where the company in relation to which a railway administration order has been made is a rail link service operator, with the following modifications—</del></intro><level class="para1" eId="section-19-6-a"><num><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">(a)</del></num><content><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">in sub-paragraph (2), the words from “or” to the end shall be omitted,</del></content></level><level class="para1" eId="section-19-6-b"><num><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">(b)</del></num><content><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">in sub-paragraph (3), the words “or the </del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><ins class="first last" ukl:ChangeId="d29p1191" ukl:CommentaryRef="c1251950"><noteRef uk:name="commentary" href="#c1251950" class="commentary"/>Authority</ins></del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">” shall be omitted,</del></content></level><level class="para1" eId="section-19-6-c"><num><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">(c)</del></num><content><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">in sub-paragraph (6), the words “or the </del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><ins class="first last" ukl:ChangeId="d29p1201" ukl:CommentaryRef="c1251950"><noteRef uk:name="commentary" href="#c1251950" class="commentary"/>Authority</ins></del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">” shall be omitted, and</del></content></level><level class="para1" eId="section-19-6-d"><num><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">(d)</del></num><content><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">in sub-paragraph (7), the words from “or, in a” to </del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><ins class="first last" ukl:ChangeId="d29p1211" ukl:CommentaryRef="c1251950"><noteRef uk:name="commentary" href="#c1251950" class="commentary"/>“Authority”</ins></del><del class="last" ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"> shall be omitted.</del></content></level></subsection><subsection eId="section-19-7"><num>(7)</num><content>An agreement by the Secretary of State shall be effective notwithstanding that, in the case of a rail link service operator, it fetters the Secretary of State in relation to a discretion under sections 60 to 65 of, and Schedules 6 and 7 to, the 1993 Act (the railway administration order provisions of the Act).</content></subsection><subsection eId="section-19-8"><num>(8)</num><content>The Secretary of State may by order repeal subsection (4) above.</content></subsection><subsection eId="section-19-9"><num>(9)</num><content>The power conferred by subsection (8) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subsection><subsection eId="section-19-10"><num>(10)</num><intro>In this section—</intro><hcontainer name="definition"><content>“<term refersTo="#term-operator" eId="term-operator">operator</term>”, in relation to a railway asset, means the person having the management of that railway asset for the time being;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-passenger-licence" eId="term-passenger-licence">passenger licence</term>” and “<term refersTo="#term-railway-asset" eId="term-railway-asset">railway asset</term>” have the same meanings as in Part I of the 1993 Act;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-rail-link-service-operator" eId="term-rail-link-service-operator">rail link service operator</term>” means a person who, under section 34 below, is the nominated undertaker for any purpose of section 14(1)(b) above, so far as relating to the rail link;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-1986-act" eId="term-the-1986-act">the 1986 Act</term>” means the <noteRef href="#c1251955" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Insolvency Act 1986; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-1993-act" eId="term-the-1993-act">the 1993 Act</term>” means the <noteRef href="#c1251956" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Act 1993.</content></hcontainer></subsection></section><section eId="section-20"><num>20</num><heading> Other legislation.</heading><content>Schedule 9 to this Act (which makes provision with respect to the incorporation of the Railways Clauses Acts and the application of miscellaneous other enactments relating to railways) shall have effect.</content></section></hcontainer>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-16-2"><num>(2)</num><intro>This subsection applies if—</intro><level class="para1" eId="section-16-2-a"><num>(a)</num><content>the train is being used to provide a service involving travel through the Channel Tunnel, or</content></level><level class="para1" eId="section-16-2-b"><num>(b)</num><content>the operator of the train is a rail link undertaker and the train is being used to provide a service for the carriage of goods which does not involve carriage outside the rail link.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-16-3"><num>(3)</num><content>There shall not be included in a licence under section 8 of the Railways Act 1993 any condition relating to an activity in respect of which the licence holder is exempt from section 6(1) of that Act by virtue of subsection (1) above; and any condition which is included in such a licence shall be of no effect so far as relating to such an activity.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-16-4"><num>(4)</num><intro>For the purposes of subsection (1)(b) above, the following stations are rail link stations—</intro><level class="para1" eId="section-16-4-a"><num>(a)</num><content><abbr title="Saint">St.</abbr> Pancras in London,</content></level><level class="para1" eId="section-16-4-b"><num>(b)</num><content>any station constructed for the purposes of the rail link in exercise of the powers conferred by this Part of this Act, and</content></level><level class="para1" eId="section-16-4-c"><num>(c)</num><content>any station constructed for the purposes of the rail link at Stratford, in the London Borough of Newham.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-16-5"><num>(5)</num><content>Any expression used in this section and Part I of the Railways Act 1993 shall have the same meaning in this section as it has in that Part.</content></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="section-18"><num>18</num><heading> Closures.</heading><content>The following provisions of the Railways Act 1993—<blockList class="unordered none" ukl:Name="UnorderedList" ukl:Decoration="none"><item>section 38 (proposals to discontinue franchised <abbr title="et cetera" xml:lang="la">etc.</abbr> passenger services), and</item><item>section 48(3) (duties in relation to discontinuation of certain experimental passenger services),</item></blockList>shall not have effect in relation to services which involve travel on the rail link.</content></section>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="section-19"><num>19</num><heading> Railway administration orders.</heading><subsection eId="section-19-1"><num>(1)</num><intro>In section 59 of the 1993 Act (which defines a railway administration order as a court order under section 60, 61 or 62 of that Act in relation to a protected railway company) subsection (6) (paragraph (a) of which defines a “<term refersTo="#term-protected-railway-company" eId="term-protected-railway-company">protected railway company</term>” and paragraph (b) of which defines its “<term refersTo="#term-relevant-activities" eId="term-relevant-activities">relevant activities</term>”) shall have effect, in relation to a rail link service operator—</intro><level class="para1" eId="section-19-1-a"><num>(a)</num><content>with the omission, in paragraph (a), of “both” and the words from “and the” to the end, and</content></level><level class="para1" eId="section-19-1-b"><num>(b)</num><content><mod>with the substitution for paragraph (b)(i) and (ii) of <quotedText>“ its activities as the operator of a railway asset ”</quotedText>.</mod></content></level></subsection><subsection eId="section-19-2"><num>(2)</num><intro><del class="first" ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a"><noteRef uk:name="commentary" href="#key-60faa627d83a020fde3504e8b9630b1a" class="commentary"/>For the purposes of the following provisions, namely—</del></intro><level class="para1" eId="section-19-2-a"><num><del ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a">(a)</del></num><content><del ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a">sections 60(1)(b), 61(1)(a)(ii) and (2)(b), and 62(2)(a)(ii), (3)(b), (5)(a)(ii), (6)(b) and (7)(b) of the 1993 Act, and</del></content></level><level class="para1" eId="section-19-2-b"><num><del ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a">(b)</del></num><content><del ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a">sections 13(3)(b), 18(1)(b) and 27(1A) of the 1986 Act, as applied by Schedule 6 to the 1993 Act,</del></content></level><wrapUp><del ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a">(which give the </del><del ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a"><ins class="first last" ukl:ChangeId="d29p1096" ukl:CommentaryRef="c1251950"><noteRef uk:name="commentary" href="#c1251950" class="commentary"/>Strategic Rail Authority</ins></del><del class="last" ukl:ChangeId="key-60faa627d83a020fde3504e8b9630b1a-1479063161472" ukl:CommentaryRef="key-60faa627d83a020fde3504e8b9630b1a"> a role in relation to a protected railway company which is the holder of a passenger licence) a rail link service operator which is the holder of a passenger licence shall be treated as if it were not the holder of such a licence.</del></wrapUp></subsection><subsection eId="section-19-3"><num>(3)</num><intro>Section 60 of the 1993 Act (railway administration orders made on special petitions), in its application to a rail link service operator, shall have effect with the following modifications—</intro><level class="para1" eId="section-19-3-a"><num>(a)</num><content><mod>in subsection (1), for “either or both” there shall be substituted <quotedText>“ any ”</quotedText>,</mod></content></level><level class="para1" eId="section-19-3-b"><num>(b)</num><content><mod>in subsection (2), at the end there shall be inserted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><level class="para1"><num>(c)</num><content>that an agreement between the Secretary of State and a relevant rail link undertaker has terminated.</content></level></quotedStructure><inline name="appendText">, and</inline></mod></content></level><level class="para1" eId="section-19-3-c"><num>(c)</num><content><mod>in subsection (7), at the end there shall be inserted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">“<term refersTo="#term-rail-link">rail link</term>” has the same meaning as in the Channel Tunnel Rail Link Act 1996;“<term refersTo="#term-relevant-rail-link-undertaker">relevant rail link undertaker</term>” means a person who, under section 34 of that Act, is the nominated undertaker for any purpose of section 1(1) or 14(1)(a) of that Act, so far as relating to the rail link.</quotedStructure></mod></content></level></subsection><subsection eId="section-19-4"><num>(4)</num><content><mod>Section 17 of the 1986 Act (duties of administrator), as applied by Schedule 6 to the 1993 Act, shall have effect, in relation to the administration of a rail link service operator, with the insertion after subsection (2) of—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><subsection><num>(2A)</num><content>Subsection (2) shall only apply if the proposals have been approved by the Secretary of State and, where he approves them with modifications, shall apply as if the proposals prepared for the purposes of section 23 were the proposals as so modified.</content></subsection></quotedStructure></mod></content></subsection><subsection eId="section-19-5"><num>(5)</num><content><del class="first" ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063182812" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><noteRef uk:name="commentary" href="#key-edace47030e70461dd2c205487246a75" class="commentary"/>The following provisions of the 1986 Act, as applied by Schedule 6 to the 1993 Act, namely, sections 18(4), 21(2), 23(1) and (2) and 27(6) (which require documents to be sent to specified persons) shall not have effect to require any document relating to a rail link service operator to be sent to the </del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063182812" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><ins class="first last" ukl:ChangeId="d29p1169" ukl:CommentaryRef="c1251950"><noteRef uk:name="commentary" href="#c1251950" class="commentary"/>Strategic Rail Authority</ins></del><del class="last" ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063182812" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">.</del></content></subsection><subsection eId="section-19-6"><num>(6)</num><intro><del class="first" ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><noteRef uk:name="commentary" href="#key-edace47030e70461dd2c205487246a75" class="commentary"/>In Schedule 7 to the 1993 Act (transfer of relevant activities in connection with railway administration orders) paragraph 2 (making and modification of transfer schemes) shall have effect, where the company in relation to which a railway administration order has been made is a rail link service operator, with the following modifications—</del></intro><level class="para1" eId="section-19-6-a"><num><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">(a)</del></num><content><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">in sub-paragraph (2), the words from “or” to the end shall be omitted,</del></content></level><level class="para1" eId="section-19-6-b"><num><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">(b)</del></num><content><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">in sub-paragraph (3), the words “or the </del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><ins class="first last" ukl:ChangeId="d29p1191" ukl:CommentaryRef="c1251950"><noteRef uk:name="commentary" href="#c1251950" class="commentary"/>Authority</ins></del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">” shall be omitted,</del></content></level><level class="para1" eId="section-19-6-c"><num><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">(c)</del></num><content><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">in sub-paragraph (6), the words “or the </del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><ins class="first last" ukl:ChangeId="d29p1201" ukl:CommentaryRef="c1251950"><noteRef uk:name="commentary" href="#c1251950" class="commentary"/>Authority</ins></del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">” shall be omitted, and</del></content></level><level class="para1" eId="section-19-6-d"><num><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">(d)</del></num><content><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">in sub-paragraph (7), the words from “or, in a” to </del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><ins class="first last" ukl:ChangeId="d29p1211" ukl:CommentaryRef="c1251950"><noteRef uk:name="commentary" href="#c1251950" class="commentary"/>“Authority”</ins></del><del class="last" ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"> shall be omitted.</del></content></level></subsection><subsection eId="section-19-7"><num>(7)</num><content>An agreement by the Secretary of State shall be effective notwithstanding that, in the case of a rail link service operator, it fetters the Secretary of State in relation to a discretion under sections 60 to 65 of, and Schedules 6 and 7 to, the 1993 Act (the railway administration order provisions of the Act).</content></subsection><subsection eId="section-19-8"><num>(8)</num><content>The Secretary of State may by order repeal subsection (4) above.</content></subsection><subsection eId="section-19-9"><num>(9)</num><content>The power conferred by subsection (8) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subsection><subsection eId="section-19-10"><num>(10)</num><intro>In this section—</intro><hcontainer name="definition"><content>“<term refersTo="#term-operator" eId="term-operator">operator</term>”, in relation to a railway asset, means the person having the management of that railway asset for the time being;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-passenger-licence" eId="term-passenger-licence">passenger licence</term>” and “<term refersTo="#term-railway-asset" eId="term-railway-asset">railway asset</term>” have the same meanings as in Part I of the 1993 Act;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-rail-link-service-operator" eId="term-rail-link-service-operator">rail link service operator</term>” means a person who, under section 34 below, is the nominated undertaker for any purpose of section 14(1)(b) above, so far as relating to the rail link;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-1986-act" eId="term-the-1986-act">the 1986 Act</term>” means the <noteRef href="#c1251955" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Insolvency Act 1986; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-1993-act" eId="term-the-1993-act">the 1993 Act</term>” means the <noteRef href="#c1251956" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Act 1993.</content></hcontainer></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-19-1"><num>(1)</num><intro>In section 59 of the 1993 Act (which defines a railway administration order as a court order under section 60, 61 or 62 of that Act in relation to a protected railway company) subsection (6) (paragraph (a) of which defines a “<term refersTo="#term-protected-railway-company" eId="term-protected-railway-company">protected railway company</term>” and paragraph (b) of which defines its “<term refersTo="#term-relevant-activities" eId="term-relevant-activities">relevant activities</term>”) shall have effect, in relation to a rail link service operator—</intro><level class="para1" eId="section-19-1-a"><num>(a)</num><content>with the omission, in paragraph (a), of “both” and the words from “and the” to the end, and</content></level><level class="para1" eId="section-19-1-b"><num>(b)</num><content><mod>with the substitution for paragraph (b)(i) and (ii) of <quotedText>“ its activities as the operator of a railway asset ”</quotedText>.</mod></content></level></subsection>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-19-3-a"><num>(a)</num><content><mod>in subsection (1), for “either or both” there shall be substituted <quotedText>“ any ”</quotedText>,</mod></content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" class="para1" eId="section-19-3-b"><num>(b)</num><content><mod>in subsection (2), at the end there shall be inserted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><level class="para1"><num>(c)</num><content>that an agreement between the Secretary of State and a relevant rail link undertaker has terminated.</content></level></quotedStructure><inline name="appendText">, and</inline></mod></content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" class="para1" eId="section-19-3-c"><num>(c)</num><content><mod>in subsection (7), at the end there shall be inserted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default">“<term refersTo="#term-rail-link">rail link</term>” has the same meaning as in the Channel Tunnel Rail Link Act 1996;“<term refersTo="#term-relevant-rail-link-undertaker">relevant rail link undertaker</term>” means a person who, under section 34 of that Act, is the nominated undertaker for any purpose of section 1(1) or 14(1)(a) of that Act, so far as relating to the rail link.</quotedStructure></mod></content></level>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="section-19-6"><num>(6)</num><intro><del class="first" ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><noteRef uk:name="commentary" href="#key-edace47030e70461dd2c205487246a75" class="commentary"/>In Schedule 7 to the 1993 Act (transfer of relevant activities in connection with railway administration orders) paragraph 2 (making and modification of transfer schemes) shall have effect, where the company in relation to which a railway administration order has been made is a rail link service operator, with the following modifications—</del></intro><level class="para1" eId="section-19-6-a"><num><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">(a)</del></num><content><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">in sub-paragraph (2), the words from “or” to the end shall be omitted,</del></content></level><level class="para1" eId="section-19-6-b"><num><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">(b)</del></num><content><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">in sub-paragraph (3), the words “or the </del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><ins class="first last" ukl:ChangeId="d29p1191" ukl:CommentaryRef="c1251950"><noteRef uk:name="commentary" href="#c1251950" class="commentary"/>Authority</ins></del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">” shall be omitted,</del></content></level><level class="para1" eId="section-19-6-c"><num><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">(c)</del></num><content><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">in sub-paragraph (6), the words “or the </del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><ins class="first last" ukl:ChangeId="d29p1201" ukl:CommentaryRef="c1251950"><noteRef uk:name="commentary" href="#c1251950" class="commentary"/>Authority</ins></del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">” shall be omitted, and</del></content></level><level class="para1" eId="section-19-6-d"><num><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">(d)</del></num><content><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">in sub-paragraph (7), the words from “or, in a” to </del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><ins class="first last" ukl:ChangeId="d29p1211" ukl:CommentaryRef="c1251950"><noteRef uk:name="commentary" href="#c1251950" class="commentary"/>“Authority”</ins></del><del class="last" ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"> shall be omitted.</del></content></level></subsection>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" class="para1" eId="section-19-6-a"><num><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">(a)</del></num><content><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">in sub-paragraph (2), the words from “or” to the end shall be omitted,</del></content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" class="para1" eId="section-19-6-b"><num><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">(b)</del></num><content><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">in sub-paragraph (3), the words “or the </del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><ins class="first last" ukl:ChangeId="d29p1191" ukl:CommentaryRef="c1251950"><noteRef uk:name="commentary" href="#c1251950" class="commentary"/>Authority</ins></del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">” shall be omitted,</del></content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" class="para1" eId="section-19-6-c"><num><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">(c)</del></num><content><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">in sub-paragraph (6), the words “or the </del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><ins class="first last" ukl:ChangeId="d29p1201" ukl:CommentaryRef="c1251950"><noteRef uk:name="commentary" href="#c1251950" class="commentary"/>Authority</ins></del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">” shall be omitted, and</del></content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" class="para1" eId="section-19-6-d"><num><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">(d)</del></num><content><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75">in sub-paragraph (7), the words from “or, in a” to </del><del ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"><ins class="first last" ukl:ChangeId="d29p1211" ukl:CommentaryRef="c1251950"><noteRef uk:name="commentary" href="#c1251950" class="commentary"/>“Authority”</ins></del><del class="last" ukl:ChangeId="key-edace47030e70461dd2c205487246a75-1479063198852" ukl:CommentaryRef="key-edace47030e70461dd2c205487246a75"> shall be omitted.</del></content></level>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-19-7"><num>(7)</num><content>An agreement by the Secretary of State shall be effective notwithstanding that, in the case of a rail link service operator, it fetters the Secretary of State in relation to a discretion under sections 60 to 65 of, and Schedules 6 and 7 to, the 1993 Act (the railway administration order provisions of the Act).</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-19-8"><num>(8)</num><content>The Secretary of State may by order repeal subsection (4) above.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-19-9"><num>(9)</num><content>The power conferred by subsection (8) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subsection>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="definition"><content>“operator”, in relation to a railway asset, means the person having the management of that railway asset for the time being;</content></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="definition"><content>“<term refersTo="#term-bridleway" eId="term-bridleway">bridleway</term>”, “<term refersTo="#term-carriageway" eId="term-carriageway">carriageway</term>”, “<term refersTo="#term-cycle-track" eId="term-cycle-track">cycle track</term>”, “<term refersTo="#term-footpath" eId="term-footpath">footpath</term>”, “<term refersTo="#term-footway" eId="term-footway">footway</term>”, “<term refersTo="#term-highway" eId="term-highway">highway</term>”, “<term refersTo="#term-highway-authority" eId="term-highway-authority">highway authority</term>” and “<term refersTo="#term-local-highway-authority" eId="term-local-highway-authority">local highway authority</term>” have the same meanings as in the <noteRef href="#c1252067" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Highways Act 1980;</content></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="definition"><content>“rail link service operator” means a person who, under section 34 below, is the nominated undertaker for any purpose of section 14(1)(b) above, so far as relating to the rail link;</content></hcontainer>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-20"><num>20</num><heading> Other legislation.</heading><content>Schedule 9 to this Act (which makes provision with respect to the incorporation of the Railways Clauses Acts and the application of miscellaneous other enactments relating to railways) shall have effect.</content></section>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-functions-of-the-rail-regulator"><heading> Functions of the <ins class="substitution first last" ukl:ChangeId="key-e6531201069b266901fbaae2fb73e35d-1479185067985" ukl:CommentaryRef="key-e6531201069b266901fbaae2fb73e35d"><noteRef uk:name="commentary" href="#key-e6531201069b266901fbaae2fb73e35d" class="commentary"/>Office of Rail and Road</ins></heading><section eId="section-21"><num>21</num><heading> Duties as to exercise of regulatory functions.</heading><subsection eId="section-21-1"><num>(1)</num><content>The <ins class="substitution first last" ukl:ChangeId="key-5d2a0969ef96503f0e21d23405cc914d-1479185475813" ukl:CommentaryRef="key-5d2a0969ef96503f0e21d23405cc914d"><noteRef uk:name="commentary" href="#key-5d2a0969ef96503f0e21d23405cc914d" class="commentary"/>Office of Rail and Road</ins> shall have an overriding duty to exercise <ins class="substitution first last" ukl:ChangeId="M_F_0ad925cb-96f0-43ab-dd58-6a21b6f728a6-1479050676614" ukl:CommentaryRef="M_F_0ad925cb-96f0-43ab-dd58-6a21b6f728a6"><noteRef uk:name="commentary" href="#M_F_0ad925cb-96f0-43ab-dd58-6a21b6f728a6" class="commentary"/>its</ins> regulatory functions in such a manner as not to impede the performance of any development agreement.</content></subsection><subsection eId="section-21-2"><num><noteRef href="#key-bd0b78a2c1661c7fbb60c9ac03f98d81" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>(2)</num><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></subsection><subsection eId="section-21-3"><num><noteRef href="#key-bd0b78a2c1661c7fbb60c9ac03f98d81" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>(3)</num><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></subsection><subsection eId="section-21-4"><num><noteRef href="#key-bd0b78a2c1661c7fbb60c9ac03f98d81" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>(4)</num><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></subsection><subsection eId="section-21-5"><num><noteRef href="#key-bd0b78a2c1661c7fbb60c9ac03f98d81" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>(5)</num><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></subsection><subsection eId="section-21-6"><num>(6)</num><intro>In this section—</intro><hcontainer name="definition"><content><noteRef href="#key-773ddfc3ee95ff389b3289ea024634d5" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer><hcontainer name="definition"><content><noteRef href="#key-773ddfc3ee95ff389b3289ea024634d5" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer><hcontainer name="definition"><content><noteRef href="#key-773ddfc3ee95ff389b3289ea024634d5" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer><wrapUp>references to the <ins class="substitution first last" ukl:ChangeId="key-5d2a0969ef96503f0e21d23405cc914d-1479185505523" ukl:CommentaryRef="key-5d2a0969ef96503f0e21d23405cc914d"><noteRef uk:name="commentary" href="#key-5d2a0969ef96503f0e21d23405cc914d" class="commentary"/>Office of Rail and Road</ins>’s regulatory functions are to the functions assigned or transferred to <ins class="substitution first last" ukl:ChangeId="key-7292bd6db22dd2e6ac84fee8cfafc9d5-1479049878380" ukl:CommentaryRef="key-7292bd6db22dd2e6ac84fee8cfafc9d5"><noteRef uk:name="commentary" href="#key-7292bd6db22dd2e6ac84fee8cfafc9d5" class="commentary"/>it</ins> under or by virtue of Part I of the Railways Act 1993 <ins class="first" ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><noteRef uk:name="commentary" href="#c1251960" class="commentary"/>other than any functions assigned to </ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><ins class="substitution first last" ukl:ChangeId="key-7292bd6db22dd2e6ac84fee8cfafc9d5-1479049897500" ukl:CommentaryRef="key-7292bd6db22dd2e6ac84fee8cfafc9d5"><noteRef uk:name="commentary" href="#key-7292bd6db22dd2e6ac84fee8cfafc9d5" class="commentary"/>it</ins></ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> by virtue of section 67(3) of that Act (“</ins><term refersTo="#term-competition-act-functions" eId="term-competition-act-functions"><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">Competition Act functions</ins></term><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">”).</ins></wrapUp></subsection><subsection eId="section-21-7"><num><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">(7)</ins></num><intro><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">The </ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><ins class="substitution first last" ukl:ChangeId="key-5d2a0969ef96503f0e21d23405cc914d-1479185529283" ukl:CommentaryRef="key-5d2a0969ef96503f0e21d23405cc914d"><noteRef uk:name="commentary" href="#key-5d2a0969ef96503f0e21d23405cc914d" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> may, when exercising any Competition Act function, have regard to any matter to which </ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><ins class="substitution first last" ukl:ChangeId="key-7292bd6db22dd2e6ac84fee8cfafc9d5-1479049426729" ukl:CommentaryRef="key-7292bd6db22dd2e6ac84fee8cfafc9d5"><noteRef uk:name="commentary" href="#key-7292bd6db22dd2e6ac84fee8cfafc9d5" class="commentary"/>it</ins></ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> would have regard if—</ins></intro><level class="para1" eId="section-21-7-a"><num><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">(a)</ins></num><content> <ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><ins class="substitution first last" ukl:ChangeId="key-7292bd6db22dd2e6ac84fee8cfafc9d5-1479049295809" ukl:CommentaryRef="key-7292bd6db22dd2e6ac84fee8cfafc9d5"><noteRef uk:name="commentary" href="#key-7292bd6db22dd2e6ac84fee8cfafc9d5" class="commentary"/> it </ins></ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> were under the duty imposed by subsection (1) </ins><noteRef href="#key-a68b51ca19a759b84200da909e62b14d" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> ... above in relation to that function; and </ins></content></level><level class="para1" eId="section-21-7-b"><num><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">(b)</ins></num><content><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">the matter is one to which </ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><ins class="substitution first last" ukl:ChangeId="key-f5514a83086a659ad22f521a226e0e36-1479184421537" ukl:CommentaryRef="key-f5514a83086a659ad22f521a226e0e36"><noteRef uk:name="commentary" href="#key-f5514a83086a659ad22f521a226e0e36" class="commentary"/>the Competition and Markets Authority</ins></ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> could have regard if </ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><ins class="substitution first last" ukl:ChangeId="key-efbd8aa33a7f17e888dea13011463a37-1477927446127" ukl:CommentaryRef="key-efbd8aa33a7f17e888dea13011463a37"><noteRef uk:name="commentary" href="#key-efbd8aa33a7f17e888dea13011463a37" class="commentary"/>it</ins></ins><ins class="last" ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> were exercising that function.</ins></content></level></subsection></section><section eId="section-21A"><num><ins class="first" ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><noteRef uk:name="commentary" href="#key-29ede7718fd6605a3e7e0a03ecc4be89" class="commentary"/>21A</ins></num><heading><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">Fees</ins></heading><subsection eId="section-21A-1"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(1)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">Subject to this section, the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185652028" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> may by notice require a rail link undertaker to pay a fee in respect of the exercise of any of the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185676928" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">'s functions in relation to the rail link.</ins></content></subsection><subsection eId="section-21A-2"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(2)</ins></num><intro><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">The amount of a fee under subsection (1) in any case shall be—</ins></intro><level class="para1" eId="section-21A-2-a"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(a)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">such amount as is reasonably incurred by the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185708378" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> in the exercise of the function in relation to the rail link, or</ins></content></level><level class="para1" eId="section-21A-2-b"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(b)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">in a case where there is more than one rail link undertaker, such proportion of the amount referred to in paragraph (a) as the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185726918" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> considers it reasonable for the rail link undertaker to pay.</ins></content></level></subsection><subsection eId="section-21A-3"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(3)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">Subsection (1) does not apply to the functions assigned to the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185746328" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> by virtue of section 67(2) and (3) of the Railways Act 1993.</ins></content></subsection><subsection eId="section-21A-4"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(4)</ins></num><intro><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">A notice under this section must specify—</ins></intro><level class="para1" eId="section-21A-4-a"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(a)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">the amount of the fee to be paid, and</ins></content></level><level class="para1" eId="section-21A-4-b"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(b)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">the date by which it is to be paid.</ins></content></level></subsection><subsection eId="section-21A-5"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(5)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">Any amount payable under a notice under this section which remains unpaid after the date specified in the notice may be recovered by the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185764528" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> as a civil debt due to it.</ins></content></subsection><subsection eId="section-21A-6"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(6)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">The </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185784059" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> may revise a notice under this section by a further such notice.</ins></content></subsection><subsection eId="section-21A-7"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(7)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">The </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185804959" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins class="last" ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> may refund any amount which, further to any revised notice under subsection (6), appears to have been overpaid to it.</ins></content></subsection></section><section eId="section-22"><num><noteRef href="#key-35e8b144d4ac16b1cf6d1fcbf09c29ca" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>22</num><heading> Restriction of functions in relation to competition <abbr title="et cetera" xml:lang="la">etc.</abbr></heading><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></section></hcontainer>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="section-21-7"><num><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">(7)</ins></num><intro><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">The </ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><ins class="substitution first last" ukl:ChangeId="key-5d2a0969ef96503f0e21d23405cc914d-1479185529283" ukl:CommentaryRef="key-5d2a0969ef96503f0e21d23405cc914d"><noteRef uk:name="commentary" href="#key-5d2a0969ef96503f0e21d23405cc914d" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> may, when exercising any Competition Act function, have regard to any matter to which </ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><ins class="substitution first last" ukl:ChangeId="key-7292bd6db22dd2e6ac84fee8cfafc9d5-1479049426729" ukl:CommentaryRef="key-7292bd6db22dd2e6ac84fee8cfafc9d5"><noteRef uk:name="commentary" href="#key-7292bd6db22dd2e6ac84fee8cfafc9d5" class="commentary"/>it</ins></ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> would have regard if—</ins></intro><level class="para1" eId="section-21-7-a"><num><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">(a)</ins></num><content> <ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><ins class="substitution first last" ukl:ChangeId="key-7292bd6db22dd2e6ac84fee8cfafc9d5-1479049295809" ukl:CommentaryRef="key-7292bd6db22dd2e6ac84fee8cfafc9d5"><noteRef uk:name="commentary" href="#key-7292bd6db22dd2e6ac84fee8cfafc9d5" class="commentary"/> it </ins></ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> were under the duty imposed by subsection (1) </ins><noteRef href="#key-a68b51ca19a759b84200da909e62b14d" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> ... above in relation to that function; and </ins></content></level><level class="para1" eId="section-21-7-b"><num><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">(b)</ins></num><content><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">the matter is one to which </ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><ins class="substitution first last" ukl:ChangeId="key-f5514a83086a659ad22f521a226e0e36-1479184421537" ukl:CommentaryRef="key-f5514a83086a659ad22f521a226e0e36"><noteRef uk:name="commentary" href="#key-f5514a83086a659ad22f521a226e0e36" class="commentary"/>the Competition and Markets Authority</ins></ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> could have regard if </ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><ins class="substitution first last" ukl:ChangeId="key-efbd8aa33a7f17e888dea13011463a37-1477927446127" ukl:CommentaryRef="key-efbd8aa33a7f17e888dea13011463a37"><noteRef uk:name="commentary" href="#key-efbd8aa33a7f17e888dea13011463a37" class="commentary"/>it</ins></ins><ins class="last" ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> were exercising that function.</ins></content></level></subsection>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" class="para1" eId="section-21-7-a"><num><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">(a)</ins></num><content> <ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><ins class="substitution first last" ukl:ChangeId="key-7292bd6db22dd2e6ac84fee8cfafc9d5-1479049295809" ukl:CommentaryRef="key-7292bd6db22dd2e6ac84fee8cfafc9d5"><noteRef uk:name="commentary" href="#key-7292bd6db22dd2e6ac84fee8cfafc9d5" class="commentary"/> it </ins></ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> were under the duty imposed by subsection (1) </ins><noteRef href="#key-a68b51ca19a759b84200da909e62b14d" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> ... above in relation to that function; and </ins></content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" class="para1" eId="section-21-7-b"><num><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">(b)</ins></num><content><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960">the matter is one to which </ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><ins class="substitution first last" ukl:ChangeId="key-f5514a83086a659ad22f521a226e0e36-1479184421537" ukl:CommentaryRef="key-f5514a83086a659ad22f521a226e0e36"><noteRef uk:name="commentary" href="#key-f5514a83086a659ad22f521a226e0e36" class="commentary"/>the Competition and Markets Authority</ins></ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> could have regard if </ins><ins ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"><ins class="substitution first last" ukl:ChangeId="key-efbd8aa33a7f17e888dea13011463a37-1477927446127" ukl:CommentaryRef="key-efbd8aa33a7f17e888dea13011463a37"><noteRef uk:name="commentary" href="#key-efbd8aa33a7f17e888dea13011463a37" class="commentary"/>it</ins></ins><ins class="last" ukl:ChangeId="d29p1381" ukl:CommentaryRef="c1251960"> were exercising that function.</ins></content></level>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="section-22"><num><noteRef href="#key-35e8b144d4ac16b1cf6d1fcbf09c29ca" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>22</num><heading> Restriction of functions in relation to competition <abbr title="et cetera" xml:lang="la">etc.</abbr></heading><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-22-2"><num>(2)</num><content>The functions of the Rail Regulator, so far as relating to monopoly situations which exist or may exist in relation to the supply of railway services, shall not be exercisable by him in relation to the supply by a rail link undertaker of railway services, so far as relating to the rail link.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-22-3"><num>(3)</num><content>The functions of the Rail Regulator, so far as relating to courses of conduct which have or are intended to have or are likely to have the effect of restricting, distorting or preventing competition in connection with the supply of railway services, shall not, in the case of a course of conduct pursued by a rail link undertaker, be exercisable by the Regulator by reference to the effect of the course of conduct on the supply of railway services, so far as relating to the rail link.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-22-5"><num>(5)</num><content>In this section, “railway services” has the same meaning as in the Railways Act 1993.</content></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="section-21A"><num><ins class="first" ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><noteRef uk:name="commentary" href="#key-29ede7718fd6605a3e7e0a03ecc4be89" class="commentary"/>21A</ins></num><heading><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">Fees</ins></heading><subsection eId="section-21A-1"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(1)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">Subject to this section, the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185652028" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> may by notice require a rail link undertaker to pay a fee in respect of the exercise of any of the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185676928" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">'s functions in relation to the rail link.</ins></content></subsection><subsection eId="section-21A-2"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(2)</ins></num><intro><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">The amount of a fee under subsection (1) in any case shall be—</ins></intro><level class="para1" eId="section-21A-2-a"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(a)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">such amount as is reasonably incurred by the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185708378" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> in the exercise of the function in relation to the rail link, or</ins></content></level><level class="para1" eId="section-21A-2-b"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(b)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">in a case where there is more than one rail link undertaker, such proportion of the amount referred to in paragraph (a) as the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185726918" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> considers it reasonable for the rail link undertaker to pay.</ins></content></level></subsection><subsection eId="section-21A-3"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(3)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">Subsection (1) does not apply to the functions assigned to the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185746328" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> by virtue of section 67(2) and (3) of the Railways Act 1993.</ins></content></subsection><subsection eId="section-21A-4"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(4)</ins></num><intro><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">A notice under this section must specify—</ins></intro><level class="para1" eId="section-21A-4-a"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(a)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">the amount of the fee to be paid, and</ins></content></level><level class="para1" eId="section-21A-4-b"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(b)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">the date by which it is to be paid.</ins></content></level></subsection><subsection eId="section-21A-5"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(5)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">Any amount payable under a notice under this section which remains unpaid after the date specified in the notice may be recovered by the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185764528" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> as a civil debt due to it.</ins></content></subsection><subsection eId="section-21A-6"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(6)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">The </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185784059" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> may revise a notice under this section by a further such notice.</ins></content></subsection><subsection eId="section-21A-7"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(7)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">The </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185804959" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins class="last" ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> may refund any amount which, further to any revised notice under subsection (6), appears to have been overpaid to it.</ins></content></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="section-21A-1"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(1)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">Subject to this section, the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185652028" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> may by notice require a rail link undertaker to pay a fee in respect of the exercise of any of the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185676928" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">'s functions in relation to the rail link.</ins></content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="section-21A-2"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(2)</ins></num><intro><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">The amount of a fee under subsection (1) in any case shall be—</ins></intro><level class="para1" eId="section-21A-2-a"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(a)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">such amount as is reasonably incurred by the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185708378" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> in the exercise of the function in relation to the rail link, or</ins></content></level><level class="para1" eId="section-21A-2-b"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(b)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">in a case where there is more than one rail link undertaker, such proportion of the amount referred to in paragraph (a) as the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185726918" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> considers it reasonable for the rail link undertaker to pay.</ins></content></level></subsection>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" class="para1" eId="section-21A-2-a"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(a)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">such amount as is reasonably incurred by the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185708378" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> in the exercise of the function in relation to the rail link, or</ins></content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" class="para1" eId="section-21A-2-b"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(b)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">in a case where there is more than one rail link undertaker, such proportion of the amount referred to in paragraph (a) as the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185726918" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> considers it reasonable for the rail link undertaker to pay.</ins></content></level>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="section-21A-3"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(3)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">Subsection (1) does not apply to the functions assigned to the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185746328" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> by virtue of section 67(2) and (3) of the Railways Act 1993.</ins></content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="section-21A-4"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(4)</ins></num><intro><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">A notice under this section must specify—</ins></intro><level class="para1" eId="section-21A-4-a"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(a)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">the amount of the fee to be paid, and</ins></content></level><level class="para1" eId="section-21A-4-b"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(b)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">the date by which it is to be paid.</ins></content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="section-21A-5"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(5)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">Any amount payable under a notice under this section which remains unpaid after the date specified in the notice may be recovered by the </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185764528" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> as a civil debt due to it.</ins></content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="section-21A-6"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(6)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">The </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185784059" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> may revise a notice under this section by a further such notice.</ins></content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="section-21A-7"><num><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">(7)</ins></num><content><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89">The </ins><ins ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"><ins class="substitution first last" ukl:ChangeId="key-9efb7d580d4a1128968ad91a4ab142e7-1479185804959" ukl:CommentaryRef="key-9efb7d580d4a1128968ad91a4ab142e7"><noteRef uk:name="commentary" href="#key-9efb7d580d4a1128968ad91a4ab142e7" class="commentary"/>Office of Rail and Road</ins></ins><ins class="last" ukl:ChangeId="key-29ede7718fd6605a3e7e0a03ecc4be89-1479069883160" ukl:CommentaryRef="key-29ede7718fd6605a3e7e0a03ecc4be89"> may refund any amount which, further to any revised notice under subsection (6), appears to have been overpaid to it.</ins></content></subsection>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-competition"><heading> Competition</heading><section eId="section-23"><num><noteRef href="#c1251983" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>23</num><heading>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</heading><content></content></section><section eId="section-24"><num><noteRef href="#key-32d5dacee5a0894aff15d66431aad6af" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>24</num><heading> Monopoly situations.</heading><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></section><section eId="section-25"><num><noteRef href="#c1251992" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>25</num><heading>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</heading><content></content></section><section eId="section-26"><num><noteRef href="#key-97c17f650db78995302883d07c399b22" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>26</num><heading> Sections 23 to 25: supplementary provisions.</heading><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></section></hcontainer>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-23-2"><num>(2)</num><content>Where two or more persons are specified under section 34 below as the nominated undertaker for the same purpose of the same provision, the Secretary of State may by order provide that the persons so specified and any body corporate which is a member of the same group as any of them shall be deemed to be members of one and the same group of interconnected bodies corporate for the purposes of the 1976 Act in relation to any scheduled works agreement.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-23-3"><num>(3)</num><content>Section 24 of the 1976 Act (time limit for registering particulars of agreements subject to registration) shall apply in relation to an agreement which becomes subject to registration under that Act by virtue of the revocation of an order under subsection (2) above as it applies in relation to an agreement which becomes subject to registration under that Act by virtue of the expiry or revocation of an order under section 29 of that Act (power to exempt agreements of importance to the national economy from registration).</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-23-4"><num>(4)</num><content>The Secretary of State may, in relation to a scheduled works agreement, make an order under section 29 of the 1976 Act after, as well as on or before, the conclusion of the agreement; and, on the coming into force of an order made by virtue of this subsection, that Act shall be deemed not to have applied to the agreement concerned.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-23-5"><num>(5)</num><content>Before making an order under section 29 of the 1976 Act in relation to a scheduled works agreement, the Secretary of State shall consult the Director General of Fair Trading.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-23-7"><num>(7)</num><intro>Without prejudice to the powers of revocation conferred by subsection (5) of section 29 of the 1976 Act, the Secretary of State may at any time by order revoke an order made under that section in relation to a scheduled works agreement if—</intro><level class="para1" eId="section-23-7-a"><num>(a)</num><content>he is requested to do so by a party to the agreement, and</content></level><level class="para1" eId="section-23-7-b"><num>(b)</num><content>he has given to each of the parties to the agreement at least 28 days' notice of his intention to make the order.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-23-8"><num>(8)</num><content>Where the Secretary of State approves a scheduled works agreement for the purposes of section 29 of the 1976 Act, he may by order provide that, in relation to any agreement made in pursuance of the approved agreement which is of a class specified in the order, such of the parties to the approved agreement as may be so specified and any body corporate which is a member of the same group as any of them shall be deemed to be interconnected bodies corporate for the purposes of that Act.</content></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="section-24"><num><noteRef href="#key-32d5dacee5a0894aff15d66431aad6af" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>24</num><heading> Monopoly situations.</heading><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-24-3"><num>(3)</num><intro>In subsection (2) above, the reference to any relevant goods or services is to any goods or services which are—</intro><level class="para1" eId="section-24-3-a"><num>(a)</num><content>supplied in connection with the design, construction, financing, maintenance or operation of any of the scheduled works, and</content></level><level class="para1" eId="section-24-3-b"><num>(b)</num><content>of a description specified in the order.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-24-4"><num>(4)</num><content>For the purposes of subsections (1) and (2) above, the relevant monopoly provisions of the 1973 Act are sections 6(1)(b) (monopoly situation in relation to the supply of goods by or to members of one and the same group of interconnected companies) and 7(1)(b) (corresponding provision in relation to the supply of services).</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-25-3"><num>(3)</num><content>In subsection (2) above, the reference to any relevant course of conduct is to any course of conduct engaged in in connection with the design, construction, financing, maintenance or operation of any of the scheduled works.</content></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="section-26"><num><noteRef href="#key-97c17f650db78995302883d07c399b22" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>26</num><heading> Sections 23 to 25: supplementary provisions.</heading><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-26-1"><num>(1)</num><content>Before exercising the power conferred by section 23(2) or (8), 24(1) or (2) or 25(1) or (2) above, the Secretary of State shall consult the Director General of Fair Trading.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-26-2"><num>(2)</num><content>An order under section 23(2) or (8), 24(1) or (2) or 25(1) or (2) above may impose, on any person to whom any provision made under that subsection relates, such requirements as the Secretary of State considers it expedient to impose in connection with that provision.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-26-4"><num>(4)</num><content>Orders under section 23(2) or (8), 24 or 25 above, and orders made by virtue of section 23(4) above, shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subsection>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-trees"><heading> Trees</heading><section eId="section-27"><num>27</num><heading> Power to deal with trees on neighbouring land.</heading><subsection eId="section-27-1"><num>(1)</num><intro>Where any tree overhangs land used for the purposes of the nominated undertaker’s undertaking under this Part of this Act, the nominated undertaker may by notice to the occupier of the land on which the tree is growing require the tree to be removed, topped or lopped if it is necessary for that to be done—</intro><level class="para1" eId="section-27-1-a"><num>(a)</num><content>to enable the works authorised by this Part of this Act to be maintained, or</content></level><level class="para1" eId="section-27-1-b"><num>(b)</num><content>for reasons of safety in connection with the operation of any railway comprised in those works.</content></level></subsection><subsection eId="section-27-2"><num>(2)</num><content>If, within the period of 28 days beginning with the giving by the nominated undertaker of a notice under subsection (1) above, the occupier of the land on which the tree to which the notice relates is growing gives the nominated undertaker a counter-notice objecting to the removal, topping or lopping of the tree, the notice shall have effect only if confirmed by an order of the county court.</content></subsection><subsection eId="section-27-3"><num>(3)</num><intro>If at any time a notice under subsection (1) above has not been complied with and either—</intro><level class="para1" eId="section-27-3-a"><num>(a)</num><content>a period of 28 days beginning with the giving of the notice has expired without a counter-notice having been given, or</content></level><level class="para1" eId="section-27-3-b"><num>(b)</num><content>an order of the court confirming the notice has come into force,</content></level><wrapUp>the nominated undertaker may itself cause the tree to which the notice relates to be removed, topped or lopped as mentioned in subsection (1) above.</wrapUp></subsection><subsection eId="section-27-4"><num>(4)</num><intro>Where the power conferred by subsection (3) above is exercisable in relation to any tree, the nominated undertaker may—</intro><level class="para1" eId="section-27-4-a"><num>(a)</num><content>enter the land on which the tree is growing for the purpose of exercising that power in relation to it, and</content></level><level class="para1" eId="section-27-4-b"><num>(b)</num><content>take with it such vehicles and equipment as are necessary for that purpose.</content></level></subsection><subsection eId="section-27-5"><num>(5)</num><content>Where the nominated undertaker tops or lops a tree in exercise of the power conferred by subsection (3) above, it shall do so in a husband-like manner and in such a way as to cause the minimum of damage to the tree.</content></subsection><subsection eId="section-27-6"><num>(6)</num><intro>Where—</intro><level class="para1" eId="section-27-6-a"><num>(a)</num><content>a notice under subsection (1) above is complied with either without a counter-notice having been given or after the notice has been confirmed, or</content></level><level class="para1" eId="section-27-6-b"><num>(b)</num><content>the nominated undertaker exercises the power conferred by subsection (3) above,</content></level><wrapUp>the county court shall, on application made by a person who has suffered loss or damage in consequence of the removal, topping or lopping of the tree concerned or who has incurred expenses in complying with the notice, order the nominated undertaker to pay that person such compensation in respect of the loss, damage or expenses as it thinks fit.</wrapUp></subsection></section><section eId="section-28"><num>28</num><heading> Disapplication of controls.</heading><subsection eId="section-28-1"><num>(1)</num><intro>The following, namely—</intro><level class="para1" eId="section-28-1-a"><num>(a)</num><content>an order under section 198(1) of the <noteRef href="#c1252007" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990 (tree preservation orders), and</content></level><level class="para1" eId="section-28-1-b"><num>(b)</num><content>section 211(1) of that Act (which prohibits the doing in a conservation area of any act which might be prohibited by a tree preservation order),</content></level><wrapUp>shall not apply to any tree works which are authorised for the purposes of this section.</wrapUp></subsection><subsection eId="section-28-2"><num>(2)</num><intro>Tree works are authorised for the purposes of this section if—</intro><level class="para1" eId="section-28-2-a"><num>(a)</num><content>they are carried out in compliance with a notice under subsection (1) of section 27 above or in exercise of the power conferred by subsection (3) of that section,</content></level><level class="para1" eId="section-28-2-b"><num>(b)</num><content>they are carried out in relation to a tree growing on land within the relevant limits and for the purposes of or in connection with the construction of the works authorised by this Part of this Act, or</content></level><level class="para1" eId="section-28-2-c"><num>(c)</num><intro>they are carried out in relation to a tree growing on land used for the purpose of the nominated undertaker’s undertaking under this Part of this Act and in circumstances where it is necessary for them to be carried out—</intro><level class="para2" eId="section-28-2-c-i"><num>(i)</num><content>to enable the works authorised by this Part of this Act to be maintained, or</content></level><level class="para2" eId="section-28-2-c-ii"><num>(ii)</num><content>for reasons of safety in connection with the operation of any railway comprised in those works.</content></level></level></subsection><subsection eId="section-28-3"><num>(3)</num><content>In subsection (2)(b) above, the reference to land within the relevant limits is to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.</content></subsection><subsection eId="section-28-4"><num>(4)</num><content>In this section, references to tree works are to works consisting of the removal, topping or lopping of a tree.</content></subsection></section></hcontainer>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-27"><num>27</num><heading> Power to deal with trees on neighbouring land.</heading><subsection eId="section-27-1"><num>(1)</num><intro>Where any tree overhangs land used for the purposes of the nominated undertaker’s undertaking under this Part of this Act, the nominated undertaker may by notice to the occupier of the land on which the tree is growing require the tree to be removed, topped or lopped if it is necessary for that to be done—</intro><level class="para1" eId="section-27-1-a"><num>(a)</num><content>to enable the works authorised by this Part of this Act to be maintained, or</content></level><level class="para1" eId="section-27-1-b"><num>(b)</num><content>for reasons of safety in connection with the operation of any railway comprised in those works.</content></level></subsection><subsection eId="section-27-2"><num>(2)</num><content>If, within the period of 28 days beginning with the giving by the nominated undertaker of a notice under subsection (1) above, the occupier of the land on which the tree to which the notice relates is growing gives the nominated undertaker a counter-notice objecting to the removal, topping or lopping of the tree, the notice shall have effect only if confirmed by an order of the county court.</content></subsection><subsection eId="section-27-3"><num>(3)</num><intro>If at any time a notice under subsection (1) above has not been complied with and either—</intro><level class="para1" eId="section-27-3-a"><num>(a)</num><content>a period of 28 days beginning with the giving of the notice has expired without a counter-notice having been given, or</content></level><level class="para1" eId="section-27-3-b"><num>(b)</num><content>an order of the court confirming the notice has come into force,</content></level><wrapUp>the nominated undertaker may itself cause the tree to which the notice relates to be removed, topped or lopped as mentioned in subsection (1) above.</wrapUp></subsection><subsection eId="section-27-4"><num>(4)</num><intro>Where the power conferred by subsection (3) above is exercisable in relation to any tree, the nominated undertaker may—</intro><level class="para1" eId="section-27-4-a"><num>(a)</num><content>enter the land on which the tree is growing for the purpose of exercising that power in relation to it, and</content></level><level class="para1" eId="section-27-4-b"><num>(b)</num><content>take with it such vehicles and equipment as are necessary for that purpose.</content></level></subsection><subsection eId="section-27-5"><num>(5)</num><content>Where the nominated undertaker tops or lops a tree in exercise of the power conferred by subsection (3) above, it shall do so in a husband-like manner and in such a way as to cause the minimum of damage to the tree.</content></subsection><subsection eId="section-27-6"><num>(6)</num><intro>Where—</intro><level class="para1" eId="section-27-6-a"><num>(a)</num><content>a notice under subsection (1) above is complied with either without a counter-notice having been given or after the notice has been confirmed, or</content></level><level class="para1" eId="section-27-6-b"><num>(b)</num><content>the nominated undertaker exercises the power conferred by subsection (3) above,</content></level><wrapUp>the county court shall, on application made by a person who has suffered loss or damage in consequence of the removal, topping or lopping of the tree concerned or who has incurred expenses in complying with the notice, order the nominated undertaker to pay that person such compensation in respect of the loss, damage or expenses as it thinks fit.</wrapUp></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-27-1"><num>(1)</num><intro>Where any tree overhangs land used for the purposes of the nominated undertaker’s undertaking under this Part of this Act, the nominated undertaker may by notice to the occupier of the land on which the tree is growing require the tree to be removed, topped or lopped if it is necessary for that to be done—</intro><level class="para1" eId="section-27-1-a"><num>(a)</num><content>to enable the works authorised by this Part of this Act to be maintained, or</content></level><level class="para1" eId="section-27-1-b"><num>(b)</num><content>for reasons of safety in connection with the operation of any railway comprised in those works.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-27-2"><num>(2)</num><content>If, within the period of 28 days beginning with the giving by the nominated undertaker of a notice under subsection (1) above, the occupier of the land on which the tree to which the notice relates is growing gives the nominated undertaker a counter-notice objecting to the removal, topping or lopping of the tree, the notice shall have effect only if confirmed by an order of the county court.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-27-3"><num>(3)</num><intro>If at any time a notice under subsection (1) above has not been complied with and either—</intro><level class="para1" eId="section-27-3-a"><num>(a)</num><content>a period of 28 days beginning with the giving of the notice has expired without a counter-notice having been given, or</content></level><level class="para1" eId="section-27-3-b"><num>(b)</num><content>an order of the court confirming the notice has come into force,</content></level><wrapUp>the nominated undertaker may itself cause the tree to which the notice relates to be removed, topped or lopped as mentioned in subsection (1) above.</wrapUp></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-27-4"><num>(4)</num><intro>Where the power conferred by subsection (3) above is exercisable in relation to any tree, the nominated undertaker may—</intro><level class="para1" eId="section-27-4-a"><num>(a)</num><content>enter the land on which the tree is growing for the purpose of exercising that power in relation to it, and</content></level><level class="para1" eId="section-27-4-b"><num>(b)</num><content>take with it such vehicles and equipment as are necessary for that purpose.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-27-5"><num>(5)</num><content>Where the nominated undertaker tops or lops a tree in exercise of the power conferred by subsection (3) above, it shall do so in a husband-like manner and in such a way as to cause the minimum of damage to the tree.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-27-6"><num>(6)</num><intro>Where—</intro><level class="para1" eId="section-27-6-a"><num>(a)</num><content>a notice under subsection (1) above is complied with either without a counter-notice having been given or after the notice has been confirmed, or</content></level><level class="para1" eId="section-27-6-b"><num>(b)</num><content>the nominated undertaker exercises the power conferred by subsection (3) above,</content></level><wrapUp>the county court shall, on application made by a person who has suffered loss or damage in consequence of the removal, topping or lopping of the tree concerned or who has incurred expenses in complying with the notice, order the nominated undertaker to pay that person such compensation in respect of the loss, damage or expenses as it thinks fit.</wrapUp></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-28-2"><num>(2)</num><intro>Tree works are authorised for the purposes of this section if—</intro><level class="para1" eId="section-28-2-a"><num>(a)</num><content>they are carried out in compliance with a notice under subsection (1) of section 27 above or in exercise of the power conferred by subsection (3) of that section,</content></level><level class="para1" eId="section-28-2-b"><num>(b)</num><content>they are carried out in relation to a tree growing on land within the relevant limits and for the purposes of or in connection with the construction of the works authorised by this Part of this Act, or</content></level><level class="para1" eId="section-28-2-c"><num>(c)</num><intro>they are carried out in relation to a tree growing on land used for the purpose of the nominated undertaker’s undertaking under this Part of this Act and in circumstances where it is necessary for them to be carried out—</intro><level class="para2" eId="section-28-2-c-i"><num>(i)</num><content>to enable the works authorised by this Part of this Act to be maintained, or</content></level><level class="para2" eId="section-28-2-c-ii"><num>(ii)</num><content>for reasons of safety in connection with the operation of any railway comprised in those works.</content></level></level></subsection>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-28-2-a"><num>(a)</num><content>they are carried out in compliance with a notice under subsection (1) of section 27 above or in exercise of the power conferred by subsection (3) of that section,</content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-28-2-b"><num>(b)</num><content>they are carried out in relation to a tree growing on land within the relevant limits and for the purposes of or in connection with the construction of the works authorised by this Part of this Act, or</content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-28-2-c"><num>(c)</num><intro>they are carried out in relation to a tree growing on land used for the purpose of the nominated undertaker’s undertaking under this Part of this Act and in circumstances where it is necessary for them to be carried out—</intro><level class="para2" eId="section-28-2-c-i"><num>(i)</num><content>to enable the works authorised by this Part of this Act to be maintained, or</content></level><level class="para2" eId="section-28-2-c-ii"><num>(ii)</num><content>for reasons of safety in connection with the operation of any railway comprised in those works.</content></level></level>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-28-3"><num>(3)</num><content>In subsection (2)(b) above, the reference to land within the relevant limits is to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-28-4"><num>(4)</num><content>In this section, references to tree works are to works consisting of the removal, topping or lopping of a tree.</content></subsection>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-noise"><heading> Noise</heading><section eId="section-29"><num>29</num><heading> Control of construction sites: appeals.</heading><subsection eId="section-29-1"><num>(1)</num><content>In the <noteRef href="#c1252018" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Control of Pollution Act 1974, sections 60 (control of noise on construction sites) and 61 (prior consent for work on construction sites) shall have effect, in relation to works carried out in exercise of the powers conferred by this Part of this Act, with the following modifications.</content></subsection><subsection eId="section-29-2"><num>(2)</num><content><mod>In subsection (7) (appeal against failure to give consent or the giving of qualified consent), for “a magistrates’ court” there shall be substituted <quotedText>“ the Secretary of State ”</quotedText>.</mod></content></subsection><subsection eId="section-29-3"><num>(3)</num><content><mod>After that subsection there shall be inserted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><subsection><num>(7A)</num><content>If within seven days of the giving of notice of appeal under subsection (7) of this section the appellant and the local authority so agree, the appeal shall, instead of being determined by the Secretary of State, be referred to arbitration.</content></subsection></quotedStructure></mod></content></subsection><subsection eId="section-29-4"><num>(4)</num><content>The <ins class="first" ukl:ChangeId="d29p1831" ukl:CommentaryRef="c1252020"><noteRef uk:name="commentary" href="#c1252020" class="commentary"/>Secretary of State for Environment, Food and Rural Affairs and </ins><ins ukl:ChangeId="d29p1831" ukl:CommentaryRef="c1252020"><ins class="first last" ukl:ChangeId="d29p1833" ukl:CommentaryRef="c1252021"><noteRef uk:name="commentary" href="#c1252021" class="commentary"/>the Secretary of State for Transport</ins></ins><ins class="last" ukl:ChangeId="d29p1831" ukl:CommentaryRef="c1252020"> acting jointly</ins>. . . may by regulations made by statutory instrument make in relation to appeals which are referred to arbitration under subsection (7A) of section 60 or 61 of the Control of Pollution Act 1974 any such provision as may be made by regulations under section 70 of that Act in relation to appeals under Part III of that Act to the Secretary of State.</content></subsection></section><section eId="section-30"><num>30</num><heading> Proceedings in respect of statutory nuisance: defence.</heading><subsection eId="section-30-1"><num>(1)</num><intro>Where proceedings are brought under section 82(1) of the <noteRef href="#c1252024" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Environmental Protection Act 1990 (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order shall be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows—</intro><level class="para1" eId="section-30-1-a"><num>(a)</num><content>that the nuisance relates to premises used by the nominated undertaker for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works, and</content></level><level class="para1" eId="section-30-1-b"><num>(b)</num><content>that the nuisance is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60, or a consent given under section 61 or 65, of the Control of Pollution Act 1974.</content></level></subsection><subsection eId="section-30-2"><num>(2)</num><intro>The following provisions of the Control of Pollution Act 1974, namely—</intro><level class="para1" eId="section-30-2-a"><num>(a)</num><content>section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990), and</content></level><level class="para1" eId="section-30-2-b"><num>(b)</num><content>section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded),</content></level><wrapUp>shall not apply where the consent relates to the use of premises by the nominated undertaker for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.</wrapUp></subsection></section></hcontainer>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-29-2"><num>(2)</num><content><mod>In subsection (7) (appeal against failure to give consent or the giving of qualified consent), for “a magistrates’ court” there shall be substituted <quotedText>“ the Secretary of State ”</quotedText>.</mod></content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-30-2"><num>(2)</num><intro>The following provisions of the Control of Pollution Act 1974, namely—</intro><level class="para1" eId="section-30-2-a"><num>(a)</num><content>section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990), and</content></level><level class="para1" eId="section-30-2-b"><num>(b)</num><content>section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded),</content></level><wrapUp>shall not apply where the consent relates to the use of premises by the nominated undertaker for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.</wrapUp></subsection>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-financial-matters"><heading> Financial matters</heading><section eId="section-31"><num>31</num><heading> Expenditure in connection with securing construction of works.</heading><subsection eId="section-31-1"><num>(1)</num><intro>The Secretary of State may make payments under any agreement entered into by him for the purpose of securing the construction of—</intro><level class="para1" eId="section-31-1-a"><num>(a)</num><content>any of the works authorised by this Part of this Act, or</content></level><level class="para1" eId="section-31-1-b"><num>(b)</num><content>any related works.</content></level></subsection><subsection eId="section-31-2"><num>(2)</num><intro>For the purposes of this section, the following are related works—</intro><level class="para1" eId="section-31-2-a"><num>(a)</num><content>a station at Stratford, in the London Borough of Newham, for use in connection with the rail link, and</content></level><level class="para1" eId="section-31-2-b"><num>(b)</num><content>a railway providing access between the rail link and the West Coast Main Line by means of a connection to the North London Line.</content></level></subsection></section><section eId="section-32"><num>32</num><heading> Reserved capacity on the rail link: expenditure.</heading><subsection eId="section-32-1"><num>(1)</num><content>The Secretary of State may make payments to the nominated undertaker, or its nominee, in pursuance of an agreement for the payment, for such period as may be specified in the agreement, of such sum as may be so specified for the reservation of rights of use in relation to the rail link.</content></subsection><subsection eId="section-32-2"><num>(2)</num><content>The Secretary of State may make, to any person charged with responsibility in relation to the selection of persons to exercise rights of use in relation to the rail link which are reserved to the Secretary of State under an agreement with the nominated undertaker (“<term refersTo="#term-reserved-rights-of-use" eId="term-reserved-rights-of-use">reserved rights of use</term>”), such payments in respect of the discharge of that responsibility as the Secretary of State thinks fit.</content></subsection><subsection eId="section-32-3"><num>(3)</num><content>The Secretary of State may give to any person exercising reserved rights of use such financial assistance in relation to the exercise of those rights as he thinks fit.</content></subsection><subsection eId="section-32-4"><num>(4)</num><content>Financial assistance under subsection (3) above shall be on such terms and subject to such conditions as the Secretary of State thinks fit.</content></subsection></section><section eId="section-33"><num>33</num><heading> Undertakings with respect to financial assistance <abbr title="et cetera" xml:lang="la">etc.</abbr></heading><subsection eId="section-33-1"><num>(1)</num><intro>Any undertaking of the Secretary of State which—</intro><level class="para1" eId="section-33-1-a"><num>(a)</num><content>is given with respect to applications for assistance of a kind to which subsection (2) below applies, and</content></level><level class="para1" eId="section-33-1-b"><num>(b)</num><content>is contained in a development agreement,</content></level><wrapUp>shall be effective notwithstanding that it fetters his discretion.</wrapUp></subsection><subsection eId="section-33-2"><num>(2)</num><intro>This subsection applies to—</intro><level class="para1" eId="section-33-2-a"><num>(a)</num><content>any kind of financial or other assistance in relation to an existing railway line which might allow it to be used to provide a line speed in excess of 200 kilometres per hour before 31st December 2030, and</content></level><level class="para1" eId="section-33-2-b"><num>(b)</num><content>any kind of financial or other assistance which before that date would enable or assist a person to provide services or facilities for international rail passenger services.</content></level></subsection></section></hcontainer>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-31"><num>31</num><heading> Expenditure in connection with securing construction of works.</heading><subsection eId="section-31-1"><num>(1)</num><intro>The Secretary of State may make payments under any agreement entered into by him for the purpose of securing the construction of—</intro><level class="para1" eId="section-31-1-a"><num>(a)</num><content>any of the works authorised by this Part of this Act, or</content></level><level class="para1" eId="section-31-1-b"><num>(b)</num><content>any related works.</content></level></subsection><subsection eId="section-31-2"><num>(2)</num><intro>For the purposes of this section, the following are related works—</intro><level class="para1" eId="section-31-2-a"><num>(a)</num><content>a station at Stratford, in the London Borough of Newham, for use in connection with the rail link, and</content></level><level class="para1" eId="section-31-2-b"><num>(b)</num><content>a railway providing access between the rail link and the West Coast Main Line by means of a connection to the North London Line.</content></level></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-31-1"><num>(1)</num><intro>The Secretary of State may make payments under any agreement entered into by him for the purpose of securing the construction of—</intro><level class="para1" eId="section-31-1-a"><num>(a)</num><content>any of the works authorised by this Part of this Act, or</content></level><level class="para1" eId="section-31-1-b"><num>(b)</num><content>any related works.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-31-2"><num>(2)</num><intro>For the purposes of this section, the following are related works—</intro><level class="para1" eId="section-31-2-a"><num>(a)</num><content>a station at Stratford, in the London Borough of Newham, for use in connection with the rail link, and</content></level><level class="para1" eId="section-31-2-b"><num>(b)</num><content>a railway providing access between the rail link and the West Coast Main Line by means of a connection to the North London Line.</content></level></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-32"><num>32</num><heading> Reserved capacity on the rail link: expenditure.</heading><subsection eId="section-32-1"><num>(1)</num><content>The Secretary of State may make payments to the nominated undertaker, or its nominee, in pursuance of an agreement for the payment, for such period as may be specified in the agreement, of such sum as may be so specified for the reservation of rights of use in relation to the rail link.</content></subsection><subsection eId="section-32-2"><num>(2)</num><content>The Secretary of State may make, to any person charged with responsibility in relation to the selection of persons to exercise rights of use in relation to the rail link which are reserved to the Secretary of State under an agreement with the nominated undertaker (“<term refersTo="#term-reserved-rights-of-use" eId="term-reserved-rights-of-use">reserved rights of use</term>”), such payments in respect of the discharge of that responsibility as the Secretary of State thinks fit.</content></subsection><subsection eId="section-32-3"><num>(3)</num><content>The Secretary of State may give to any person exercising reserved rights of use such financial assistance in relation to the exercise of those rights as he thinks fit.</content></subsection><subsection eId="section-32-4"><num>(4)</num><content>Financial assistance under subsection (3) above shall be on such terms and subject to such conditions as the Secretary of State thinks fit.</content></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-32-1"><num>(1)</num><content>The Secretary of State may make payments to the nominated undertaker, or its nominee, in pursuance of an agreement for the payment, for such period as may be specified in the agreement, of such sum as may be so specified for the reservation of rights of use in relation to the rail link.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-32-2"><num>(2)</num><content>The Secretary of State may make, to any person charged with responsibility in relation to the selection of persons to exercise rights of use in relation to the rail link which are reserved to the Secretary of State under an agreement with the nominated undertaker (“<term refersTo="#term-reserved-rights-of-use" eId="term-reserved-rights-of-use">reserved rights of use</term>”), such payments in respect of the discharge of that responsibility as the Secretary of State thinks fit.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-32-3"><num>(3)</num><content>The Secretary of State may give to any person exercising reserved rights of use such financial assistance in relation to the exercise of those rights as he thinks fit.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-32-4"><num>(4)</num><content>Financial assistance under subsection (3) above shall be on such terms and subject to such conditions as the Secretary of State thinks fit.</content></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-33"><num>33</num><heading> Undertakings with respect to financial assistance <abbr title="et cetera" xml:lang="la">etc.</abbr></heading><subsection eId="section-33-1"><num>(1)</num><intro>Any undertaking of the Secretary of State which—</intro><level class="para1" eId="section-33-1-a"><num>(a)</num><content>is given with respect to applications for assistance of a kind to which subsection (2) below applies, and</content></level><level class="para1" eId="section-33-1-b"><num>(b)</num><content>is contained in a development agreement,</content></level><wrapUp>shall be effective notwithstanding that it fetters his discretion.</wrapUp></subsection><subsection eId="section-33-2"><num>(2)</num><intro>This subsection applies to—</intro><level class="para1" eId="section-33-2-a"><num>(a)</num><content>any kind of financial or other assistance in relation to an existing railway line which might allow it to be used to provide a line speed in excess of 200 kilometres per hour before 31st December 2030, and</content></level><level class="para1" eId="section-33-2-b"><num>(b)</num><content>any kind of financial or other assistance which before that date would enable or assist a person to provide services or facilities for international rail passenger services.</content></level></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-33-1"><num>(1)</num><intro>Any undertaking of the Secretary of State which—</intro><level class="para1" eId="section-33-1-a"><num>(a)</num><content>is given with respect to applications for assistance of a kind to which subsection (2) below applies, and</content></level><level class="para1" eId="section-33-1-b"><num>(b)</num><content>is contained in a development agreement,</content></level><wrapUp>shall be effective notwithstanding that it fetters his discretion.</wrapUp></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-33-2"><num>(2)</num><intro>This subsection applies to—</intro><level class="para1" eId="section-33-2-a"><num>(a)</num><content>any kind of financial or other assistance in relation to an existing railway line which might allow it to be used to provide a line speed in excess of 200 kilometres per hour before 31st December 2030, and</content></level><level class="para1" eId="section-33-2-b"><num>(b)</num><content>any kind of financial or other assistance which before that date would enable or assist a person to provide services or facilities for international rail passenger services.</content></level></subsection>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" name="crossheading" ukl:Name="Pblock" eId="part-I-crossheading-miscellaneous-and-general"><heading> Miscellaneous and general</heading><section eId="section-34"><num>34</num><heading> Holder of functions of nominated undertaker.</heading><subsection eId="section-34-1"><num>(1)</num><content>The Secretary of State may by order provide that a person specified in the order shall be the nominated undertaker for such purposes of such provisions of this Part of this Act as may be so specified.</content></subsection><subsection eId="section-34-2"><num>(2)</num><content>Where, in the case of any provision of this Part of this Act which refers to the nominated undertaker, there is any purpose of the provision for which there is no one who is the nominated undertaker under subsection (1) above, any reference in the provision to the nominated undertaker shall be construed, in relation to that purpose, as a reference to the Secretary of State.</content></subsection><subsection eId="section-34-3"><num>(3)</num><content>An agreement by the Secretary of State with respect to the exercise of his discretion under subsection (1) above shall be effective notwithstanding that it fetters his discretion.</content></subsection><subsection eId="section-34-4"><num>(4)</num><content>An order under subsection (1) above may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient in connection with the order.</content></subsection><subsection eId="section-34-5"><num>(5)</num><content>The Secretary of State may by order make such modifications of any provision of this Part of this Act referring to the Secretary of State, so far as applying for a purpose in relation to which subsection (2) above has effect, as appear to him to be necessary or expedient in consequence of his having functions by virtue of that subsection.</content></subsection><subsection eId="section-34-6"><num>(6)</num><content>The power to make an order under this section shall be exercisable by statutory instrument.</content></subsection><subsection eId="section-34-7"><num>(7)</num><content>A statutory instrument containing an order under subsection (5) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subsection></section><section eId="section-35"><num>35</num><heading> Transfer of functions relating to works.</heading><subsection eId="section-35-1"><num>(1)</num><intro>If the Secretary of State acquires any land for the purposes of this Part of this Act from a railway operator and there are situated on the land works authorised by statute, he may by order provide for the transfer of any statutory power or duty relating to the works previously exercisable by the railway operator—</intro><level class="para1" eId="section-35-1-a"><num>(a)</num><content>to him, or</content></level><level class="para1" eId="section-35-1-b"><num>(b)</num><content>to a person specified under section 34 above.</content></level></subsection><subsection eId="section-35-2"><num>(2)</num><intro>The Secretary of State may by order provide for the further transfer—</intro><level class="para1" eId="section-35-2-a"><num>(a)</num><content>to him, or</content></level><level class="para1" eId="section-35-2-b"><num>(b)</num><content>to a person specified under section 34 above,</content></level><wrapUp>of a power or duty transferred under subsection (1) above or this subsection.</wrapUp></subsection><subsection eId="section-35-3"><num>(3)</num><content>If a railway operator acquires from the Secretary of State any land on which there are situated works authorised by this Part of this Act, the Secretary of State may, with the consent of the railway operator, by order provide for the transfer to the railway operator of any duty under this Part of this Act relating to the works.</content></subsection><subsection eId="section-35-4"><num>(4)</num><content>An order under this section may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient in connection with the order.</content></subsection><subsection eId="section-35-5"><num>(5)</num><content>In subsections (1) and (3) above, references to a railway operator are to a person who has the management for the time being of any network, station or light maintenance depot.</content></subsection><subsection eId="section-35-6"><num>(6)</num><content>In this section, “<term refersTo="#term-light-maintenance-depot" eId="term-light-maintenance-depot">light maintenance depot</term>”, “<term refersTo="#term-network" eId="term-network">network</term>” and “<term refersTo="#term-station" eId="term-station">station</term>” have the same meanings as in Part I of the <noteRef href="#c1252027" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Act 1993.</content></subsection></section><section eId="section-36"><num>36</num><heading> Compensation for injurious affection.</heading><content><mod>Section 10(1) of the <noteRef href="#c1252028" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965 (compensation for injurious affection) shall have effect, in relation to land injuriously affected by the execution of works under this Part of this Act, with the substitution for “acquiring authority have” of <quotedText>“ nominated undertaker has ”</quotedText>.</mod></content></section><section eId="section-37"><num>37</num><heading> Duty to co-operate.</heading><subsection eId="section-37-1"><num>(1)</num><intro>Where the nominated undertaker considers that a matter affects—</intro><level class="para1" eId="section-37-1-a"><num>(a)</num><content>the construction, maintenance or operation of the rail link, and</content></level><level class="para1" eId="section-37-1-b"><num>(b)</num><content>the construction, maintenance or operation of a railway asset which is not a rail link asset,</content></level><wrapUp>it may by notice in writing require the operator of the asset to enter into an agreement with it about how the matter is to be dealt with.</wrapUp></subsection><subsection eId="section-37-2"><num>(2)</num><intro>Where the operator of a railway asset which is not a rail link asset considers that a matter affects—</intro><level class="para1" eId="section-37-2-a"><num>(a)</num><content>the construction, maintenance or operation of the asset, and</content></level><level class="para1" eId="section-37-2-b"><num>(b)</num><content>the construction, maintenance or operation of the rail link,</content></level><wrapUp>it may by notice in writing require the nominated undertaker to enter into an agreement with it about how the matter is to be dealt with.</wrapUp></subsection><subsection eId="section-37-3"><num>(3)</num><content>The terms of an agreement under subsection (1) or (2) above shall be such as the nominated undertaker and the operator of the asset may agree or, in default of agreement, as may be determined by arbitration.</content></subsection><subsection eId="section-37-4"><num>(4)</num><intro>For the purposes of subsections (1) and (2) above a railway asset is a rail link asset if—</intro><level class="para1" eId="section-37-4-a"><num>(a)</num><content>in the case of a railway asset consisting of any network, station or light maintenance depot, it is comprised in the rail link, and</content></level><level class="para1" eId="section-37-4-b"><num>(b)</num><content>in the case of a railway asset consisting of any train being used on a network, the network is comprised in the rail link.</content></level></subsection><subsection eId="section-37-5"><num>(5)</num><intro>In this section—</intro><hcontainer name="definition"><content>“<term refersTo="#term-light-maintenance-depot" eId="term-light-maintenance-depot">light maintenance depot</term>”, “<term refersTo="#term-network" eId="term-network">network</term>”, “<term refersTo="#term-railway-asset" eId="term-railway-asset">railway asset</term>” and “<term refersTo="#term-station" eId="term-station">station</term>” have the same meanings as in Part I of the Railways Act 1993; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-operator" eId="term-operator">operator</term>”, in relation to a railway asset, means the person having the management of the asset for the time being.</content></hcontainer></subsection></section><section eId="section-38"><num>38</num><heading> Disapplication and modification of miscellaneous controls.</heading><content>Schedule 10 to this Act (which makes provision for the disapplication and modification of miscellaneous statutory and other controls in relation to things done under this Part of this Act and otherwise for the purposes of this Part of this Act) shall have effect.</content></section><section eId="section-39"><num>39</num><heading> Burial grounds.</heading><subsection eId="section-39-1"><num>(1)</num><content>Nothing in any enactment relating to burial grounds and no obligation or restriction imposed under ecclesiastical law or otherwise shall have effect to prohibit, restrict or impose any condition on the use of any land comprised in a burial ground for the purpose of constructing any of the works authorised by this Part of this Act.</content></subsection><subsection eId="section-39-2"><num>(2)</num><intro>Subsection (1) above shall not apply in relation to land in which human remains are interred unless—</intro><level class="para1" eId="section-39-2-a"><num>(a)</num><content>the remains have been removed and reinterred or cremated in accordance with the provisions of Schedule 11 to this Act, and</content></level><level class="para1" eId="section-39-2-b"><num>(b)</num><content>any monument to the deceased has been dealt with in accordance with those provisions,</content></level><wrapUp>and the other requirements of that Schedule, so far as relating to the nominated undertaker, have been complied with.</wrapUp></subsection><subsection eId="section-39-3"><num>(3)</num><content>Subsection (2) above shall not apply where the use of the land for the purpose mentioned in subsection (1) above does not involve disturbing the human remains which are interred in it.</content></subsection><subsection eId="section-39-4"><num>(4)</num><intro>In this section (and Schedule 11 to this Act)—</intro><hcontainer name="definition"><content>“<term refersTo="#term-enactment" eId="term-enactment">enactment</term>” includes an enactment in any local or private Act of Parliament, and an order, rule, regulation, byelaw or scheme made under an Act of Parliament; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-monument" eId="term-monument">monument</term>” includes a tombstone or other memorial;</content></hcontainer><wrapUp>and references to a monument to any person are to a monument commemorating that person, whether or not also commemorating any other person.</wrapUp></subsection></section><section eId="section-40"><num>40</num><heading> Application of landlord and tenant law.</heading><subsection eId="section-40-1"><num>(1)</num><intro>No enactment or rule of law regulating the rights and obligations of landlords and tenants shall apply in relation to the rights and obligations of the parties to a development agreement lease or a lease to which subsection (2) below applies—</intro><level class="para1" eId="section-40-1-a"><num>(a)</num><content>so as to exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter,</content></level><level class="para1" eId="section-40-1-b"><num>(b)</num><content>so as to confer or impose on either party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease, or</content></level><level class="para1" eId="section-40-1-c"><num>(c)</num><content>so as to restrict the enforcement (whether by action for damages or otherwise) by either party to the lease of any obligation of the other party under the lease.</content></level></subsection><subsection eId="section-40-2"><num>(2)</num><intro>This subsection applies to a lease if it is granted by the Secretary of State and—</intro><level class="para1" eId="section-40-2-a"><num>(a)</num><content>it is one on the grant of which a development agreement, or an agreement connected with such an agreement, is conditional, or</content></level><level class="para1" eId="section-40-2-b"><num>(b)</num><content>it contains a statement to the effect that it is granted for purposes connected with the construction or operation of the rail link.</content></level></subsection><subsection eId="section-40-3"><num>(3)</num><content>In this section, “<term refersTo="#term-development-agreement-lease" eId="term-development-agreement-lease">development agreement lease</term>” means a lease granted by the Secretary of State in pursuance of a development agreement, or an agreement connected with such an agreement, and references to a development agreement lease include any provisions of a development agreement, or an agreement connected with such an agreement, providing for the grant of a lease of any land by the Secretary of State.</content></subsection><subsection eId="section-40-4"><num>(4)</num><content>For the purposes of this section, an agreement is connected with a development agreement if the development agreement is expressed to be conditional upon it being entered into.</content></subsection><subsection eId="section-40-5"><num>(5)</num><content>This section shall be deemed to have come into force on 4th July 1995.</content></subsection></section><section eId="section-41"><num>41</num><heading> Variation of development agreement: disapplication of s.2 of Law of Property (Miscellaneous Provisions) Act 1989.</heading><subsection eId="section-41-1"><num>(1)</num><content>Section 2(1) to (6) of the <noteRef href="#c1252032" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Law of Property (Miscellaneous Provisions) Act 1989 (under which a contract for the sale <abbr title="et cetera" xml:lang="la">etc.</abbr> of land can only be made by incorporating all the terms agreed in one document) shall not apply in relation to the variation of a development agreement.</content></subsection><subsection eId="section-41-2"><num>(2)</num><content>This section shall be deemed to have come into force on 31st May 1996.</content></subsection></section><section eId="section-42"><num><noteRef href="#key-61e52d02f6d5ed6f18b3d3a395f710c9" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>42</num><heading> Related works: application of section 9 of the Transport and Works Act 1992.</heading><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></section><section eId="section-42A"><num><noteRef href="#c1252034" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/><ins class="first" ukl:ChangeId="d29p2471">42A</ins></num><heading><ins ukl:ChangeId="d29p2471"> Strategic Rail Authority as agent of Secretary of State.</ins></heading><subsection eId="section-42A-1"><num><ins ukl:ChangeId="d29p2471"><del class="first" ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981"><noteRef uk:name="commentary" href="#key-36cd2ff35f99e48d830bb989f8c09981" class="commentary"/>(1)</del></ins></num><content><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">The Strategic Rail Authority may do anything which it arranges with the Secretary of State to do on his behalf in connection with any agreement or other arrangement made by him for the purpose of securing the design, construction, financing, maintenance or operation of the rail link or any of the other works authorised by this Part of this Act.</del></ins></content></subsection><subsection eId="section-42A-2"><num><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">(2)</del></ins></num><intro><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">Subsection (1) above—</del></ins></intro><level class="para1" eId="section-42A-2-a"><num><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">(a)</del></ins></num><content><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">does not authorise the Strategic Rail Authority to exercise any function conferred or imposed by or by virtue of any enactment, and</del></ins></content></level><level class="para1" eId="section-42A-2-b"><num><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">(b)</del></ins></num><content><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">is subject to the terms of the agreement or other arrangement.</del></ins></content></level></subsection><subsection eId="section-42A-3"><num><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">(3)</del></ins></num><content><ins class="last" ukl:ChangeId="d29p2471"><del class="last" ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">Sections 207 and 208 of the Transport Act 2000 do not apply to the power conferred by this section.</del></ins></content></subsection></section><section eId="section-43"><num>43</num><heading> Arbitration.</heading><subsection eId="section-43-1"><num>(1)</num><content>Where under this Part of this Act any difference is to be referred to arbitration, the difference shall be referred to, and settled by, a single arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Institution of Civil Engineers.</content></subsection><subsection eId="section-43-2"><num>(2)</num><content>The Secretary of State <noteRef href="#c1252036" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>. . . may by rules made by statutory instrument make provision about procedure in relation to arbitration under this Part of this Act.</content></subsection></section></hcontainer>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-34"><num>34</num><heading> Holder of functions of nominated undertaker.</heading><subsection eId="section-34-1"><num>(1)</num><content>The Secretary of State may by order provide that a person specified in the order shall be the nominated undertaker for such purposes of such provisions of this Part of this Act as may be so specified.</content></subsection><subsection eId="section-34-2"><num>(2)</num><content>Where, in the case of any provision of this Part of this Act which refers to the nominated undertaker, there is any purpose of the provision for which there is no one who is the nominated undertaker under subsection (1) above, any reference in the provision to the nominated undertaker shall be construed, in relation to that purpose, as a reference to the Secretary of State.</content></subsection><subsection eId="section-34-3"><num>(3)</num><content>An agreement by the Secretary of State with respect to the exercise of his discretion under subsection (1) above shall be effective notwithstanding that it fetters his discretion.</content></subsection><subsection eId="section-34-4"><num>(4)</num><content>An order under subsection (1) above may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient in connection with the order.</content></subsection><subsection eId="section-34-5"><num>(5)</num><content>The Secretary of State may by order make such modifications of any provision of this Part of this Act referring to the Secretary of State, so far as applying for a purpose in relation to which subsection (2) above has effect, as appear to him to be necessary or expedient in consequence of his having functions by virtue of that subsection.</content></subsection><subsection eId="section-34-6"><num>(6)</num><content>The power to make an order under this section shall be exercisable by statutory instrument.</content></subsection><subsection eId="section-34-7"><num>(7)</num><content>A statutory instrument containing an order under subsection (5) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-34-1"><num>(1)</num><content>The Secretary of State may by order provide that a person specified in the order shall be the nominated undertaker for such purposes of such provisions of this Part of this Act as may be so specified.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-34-2"><num>(2)</num><content>Where, in the case of any provision of this Part of this Act which refers to the nominated undertaker, there is any purpose of the provision for which there is no one who is the nominated undertaker under subsection (1) above, any reference in the provision to the nominated undertaker shall be construed, in relation to that purpose, as a reference to the Secretary of State.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-34-3"><num>(3)</num><content>An agreement by the Secretary of State with respect to the exercise of his discretion under subsection (1) above shall be effective notwithstanding that it fetters his discretion.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-34-4"><num>(4)</num><content>An order under subsection (1) above may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient in connection with the order.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-34-5"><num>(5)</num><content>The Secretary of State may by order make such modifications of any provision of this Part of this Act referring to the Secretary of State, so far as applying for a purpose in relation to which subsection (2) above has effect, as appear to him to be necessary or expedient in consequence of his having functions by virtue of that subsection.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-34-6"><num>(6)</num><content>The power to make an order under this section shall be exercisable by statutory instrument.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-34-7"><num>(7)</num><content>A statutory instrument containing an order under subsection (5) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-35-1"><num>(1)</num><intro>If the Secretary of State acquires any land for the purposes of this Part of this Act from a railway operator and there are situated on the land works authorised by statute, he may by order provide for the transfer of any statutory power or duty relating to the works previously exercisable by the railway operator—</intro><level class="para1" eId="section-35-1-a"><num>(a)</num><content>to him, or</content></level><level class="para1" eId="section-35-1-b"><num>(b)</num><content>to a person specified under section 34 above.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-35-2"><num>(2)</num><intro>The Secretary of State may by order provide for the further transfer—</intro><level class="para1" eId="section-35-2-a"><num>(a)</num><content>to him, or</content></level><level class="para1" eId="section-35-2-b"><num>(b)</num><content>to a person specified under section 34 above,</content></level><wrapUp>of a power or duty transferred under subsection (1) above or this subsection.</wrapUp></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-35-3"><num>(3)</num><content>If a railway operator acquires from the Secretary of State any land on which there are situated works authorised by this Part of this Act, the Secretary of State may, with the consent of the railway operator, by order provide for the transfer to the railway operator of any duty under this Part of this Act relating to the works.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-35-4"><num>(4)</num><content>An order under this section may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient in connection with the order.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-35-5"><num>(5)</num><content>In subsections (1) and (3) above, references to a railway operator are to a person who has the management for the time being of any network, station or light maintenance depot.</content></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-37"><num>37</num><heading> Duty to co-operate.</heading><subsection eId="section-37-1"><num>(1)</num><intro>Where the nominated undertaker considers that a matter affects—</intro><level class="para1" eId="section-37-1-a"><num>(a)</num><content>the construction, maintenance or operation of the rail link, and</content></level><level class="para1" eId="section-37-1-b"><num>(b)</num><content>the construction, maintenance or operation of a railway asset which is not a rail link asset,</content></level><wrapUp>it may by notice in writing require the operator of the asset to enter into an agreement with it about how the matter is to be dealt with.</wrapUp></subsection><subsection eId="section-37-2"><num>(2)</num><intro>Where the operator of a railway asset which is not a rail link asset considers that a matter affects—</intro><level class="para1" eId="section-37-2-a"><num>(a)</num><content>the construction, maintenance or operation of the asset, and</content></level><level class="para1" eId="section-37-2-b"><num>(b)</num><content>the construction, maintenance or operation of the rail link,</content></level><wrapUp>it may by notice in writing require the nominated undertaker to enter into an agreement with it about how the matter is to be dealt with.</wrapUp></subsection><subsection eId="section-37-3"><num>(3)</num><content>The terms of an agreement under subsection (1) or (2) above shall be such as the nominated undertaker and the operator of the asset may agree or, in default of agreement, as may be determined by arbitration.</content></subsection><subsection eId="section-37-4"><num>(4)</num><intro>For the purposes of subsections (1) and (2) above a railway asset is a rail link asset if—</intro><level class="para1" eId="section-37-4-a"><num>(a)</num><content>in the case of a railway asset consisting of any network, station or light maintenance depot, it is comprised in the rail link, and</content></level><level class="para1" eId="section-37-4-b"><num>(b)</num><content>in the case of a railway asset consisting of any train being used on a network, the network is comprised in the rail link.</content></level></subsection><subsection eId="section-37-5"><num>(5)</num><intro>In this section—</intro><hcontainer name="definition"><content>“<term refersTo="#term-light-maintenance-depot" eId="term-light-maintenance-depot">light maintenance depot</term>”, “<term refersTo="#term-network" eId="term-network">network</term>”, “<term refersTo="#term-railway-asset" eId="term-railway-asset">railway asset</term>” and “<term refersTo="#term-station" eId="term-station">station</term>” have the same meanings as in Part I of the Railways Act 1993; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-operator" eId="term-operator">operator</term>”, in relation to a railway asset, means the person having the management of the asset for the time being.</content></hcontainer></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-37-1"><num>(1)</num><intro>Where the nominated undertaker considers that a matter affects—</intro><level class="para1" eId="section-37-1-a"><num>(a)</num><content>the construction, maintenance or operation of the rail link, and</content></level><level class="para1" eId="section-37-1-b"><num>(b)</num><content>the construction, maintenance or operation of a railway asset which is not a rail link asset,</content></level><wrapUp>it may by notice in writing require the operator of the asset to enter into an agreement with it about how the matter is to be dealt with.</wrapUp></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-37-2"><num>(2)</num><intro>Where the operator of a railway asset which is not a rail link asset considers that a matter affects—</intro><level class="para1" eId="section-37-2-a"><num>(a)</num><content>the construction, maintenance or operation of the asset, and</content></level><level class="para1" eId="section-37-2-b"><num>(b)</num><content>the construction, maintenance or operation of the rail link,</content></level><wrapUp>it may by notice in writing require the nominated undertaker to enter into an agreement with it about how the matter is to be dealt with.</wrapUp></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-37-3"><num>(3)</num><content>The terms of an agreement under subsection (1) or (2) above shall be such as the nominated undertaker and the operator of the asset may agree or, in default of agreement, as may be determined by arbitration.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-37-4"><num>(4)</num><intro>For the purposes of subsections (1) and (2) above a railway asset is a rail link asset if—</intro><level class="para1" eId="section-37-4-a"><num>(a)</num><content>in the case of a railway asset consisting of any network, station or light maintenance depot, it is comprised in the rail link, and</content></level><level class="para1" eId="section-37-4-b"><num>(b)</num><content>in the case of a railway asset consisting of any train being used on a network, the network is comprised in the rail link.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-37-5"><num>(5)</num><intro>In this section—</intro><hcontainer name="definition"><content>“<term refersTo="#term-light-maintenance-depot" eId="term-light-maintenance-depot">light maintenance depot</term>”, “<term refersTo="#term-network" eId="term-network">network</term>”, “<term refersTo="#term-railway-asset" eId="term-railway-asset">railway asset</term>” and “<term refersTo="#term-station" eId="term-station">station</term>” have the same meanings as in Part I of the Railways Act 1993; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-operator" eId="term-operator">operator</term>”, in relation to a railway asset, means the person having the management of the asset for the time being.</content></hcontainer></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-38"><num>38</num><heading> Disapplication and modification of miscellaneous controls.</heading><content>Schedule 10 to this Act (which makes provision for the disapplication and modification of miscellaneous statutory and other controls in relation to things done under this Part of this Act and otherwise for the purposes of this Part of this Act) shall have effect.</content></section>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-39"><num>39</num><heading> Burial grounds.</heading><subsection eId="section-39-1"><num>(1)</num><content>Nothing in any enactment relating to burial grounds and no obligation or restriction imposed under ecclesiastical law or otherwise shall have effect to prohibit, restrict or impose any condition on the use of any land comprised in a burial ground for the purpose of constructing any of the works authorised by this Part of this Act.</content></subsection><subsection eId="section-39-2"><num>(2)</num><intro>Subsection (1) above shall not apply in relation to land in which human remains are interred unless—</intro><level class="para1" eId="section-39-2-a"><num>(a)</num><content>the remains have been removed and reinterred or cremated in accordance with the provisions of Schedule 11 to this Act, and</content></level><level class="para1" eId="section-39-2-b"><num>(b)</num><content>any monument to the deceased has been dealt with in accordance with those provisions,</content></level><wrapUp>and the other requirements of that Schedule, so far as relating to the nominated undertaker, have been complied with.</wrapUp></subsection><subsection eId="section-39-3"><num>(3)</num><content>Subsection (2) above shall not apply where the use of the land for the purpose mentioned in subsection (1) above does not involve disturbing the human remains which are interred in it.</content></subsection><subsection eId="section-39-4"><num>(4)</num><intro>In this section (and Schedule 11 to this Act)—</intro><hcontainer name="definition"><content>“<term refersTo="#term-enactment" eId="term-enactment">enactment</term>” includes an enactment in any local or private Act of Parliament, and an order, rule, regulation, byelaw or scheme made under an Act of Parliament; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-monument" eId="term-monument">monument</term>” includes a tombstone or other memorial;</content></hcontainer><wrapUp>and references to a monument to any person are to a monument commemorating that person, whether or not also commemorating any other person.</wrapUp></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-39-1"><num>(1)</num><content>Nothing in any enactment relating to burial grounds and no obligation or restriction imposed under ecclesiastical law or otherwise shall have effect to prohibit, restrict or impose any condition on the use of any land comprised in a burial ground for the purpose of constructing any of the works authorised by this Part of this Act.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-39-2"><num>(2)</num><intro>Subsection (1) above shall not apply in relation to land in which human remains are interred unless—</intro><level class="para1" eId="section-39-2-a"><num>(a)</num><content>the remains have been removed and reinterred or cremated in accordance with the provisions of Schedule 11 to this Act, and</content></level><level class="para1" eId="section-39-2-b"><num>(b)</num><content>any monument to the deceased has been dealt with in accordance with those provisions,</content></level><wrapUp>and the other requirements of that Schedule, so far as relating to the nominated undertaker, have been complied with.</wrapUp></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-39-3"><num>(3)</num><content>Subsection (2) above shall not apply where the use of the land for the purpose mentioned in subsection (1) above does not involve disturbing the human remains which are interred in it.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-39-4"><num>(4)</num><intro>In this section (and Schedule 11 to this Act)—</intro><hcontainer name="definition"><content>“<term refersTo="#term-enactment" eId="term-enactment">enactment</term>” includes an enactment in any local or private Act of Parliament, and an order, rule, regulation, byelaw or scheme made under an Act of Parliament; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-monument" eId="term-monument">monument</term>” includes a tombstone or other memorial;</content></hcontainer><wrapUp>and references to a monument to any person are to a monument commemorating that person, whether or not also commemorating any other person.</wrapUp></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-40"><num>40</num><heading> Application of landlord and tenant law.</heading><subsection eId="section-40-1"><num>(1)</num><intro>No enactment or rule of law regulating the rights and obligations of landlords and tenants shall apply in relation to the rights and obligations of the parties to a development agreement lease or a lease to which subsection (2) below applies—</intro><level class="para1" eId="section-40-1-a"><num>(a)</num><content>so as to exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter,</content></level><level class="para1" eId="section-40-1-b"><num>(b)</num><content>so as to confer or impose on either party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease, or</content></level><level class="para1" eId="section-40-1-c"><num>(c)</num><content>so as to restrict the enforcement (whether by action for damages or otherwise) by either party to the lease of any obligation of the other party under the lease.</content></level></subsection><subsection eId="section-40-2"><num>(2)</num><intro>This subsection applies to a lease if it is granted by the Secretary of State and—</intro><level class="para1" eId="section-40-2-a"><num>(a)</num><content>it is one on the grant of which a development agreement, or an agreement connected with such an agreement, is conditional, or</content></level><level class="para1" eId="section-40-2-b"><num>(b)</num><content>it contains a statement to the effect that it is granted for purposes connected with the construction or operation of the rail link.</content></level></subsection><subsection eId="section-40-3"><num>(3)</num><content>In this section, “<term refersTo="#term-development-agreement-lease" eId="term-development-agreement-lease">development agreement lease</term>” means a lease granted by the Secretary of State in pursuance of a development agreement, or an agreement connected with such an agreement, and references to a development agreement lease include any provisions of a development agreement, or an agreement connected with such an agreement, providing for the grant of a lease of any land by the Secretary of State.</content></subsection><subsection eId="section-40-4"><num>(4)</num><content>For the purposes of this section, an agreement is connected with a development agreement if the development agreement is expressed to be conditional upon it being entered into.</content></subsection><subsection eId="section-40-5"><num>(5)</num><content>This section shall be deemed to have come into force on 4th July 1995.</content></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-40-1"><num>(1)</num><intro>No enactment or rule of law regulating the rights and obligations of landlords and tenants shall apply in relation to the rights and obligations of the parties to a development agreement lease or a lease to which subsection (2) below applies—</intro><level class="para1" eId="section-40-1-a"><num>(a)</num><content>so as to exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter,</content></level><level class="para1" eId="section-40-1-b"><num>(b)</num><content>so as to confer or impose on either party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease, or</content></level><level class="para1" eId="section-40-1-c"><num>(c)</num><content>so as to restrict the enforcement (whether by action for damages or otherwise) by either party to the lease of any obligation of the other party under the lease.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-40-2"><num>(2)</num><intro>This subsection applies to a lease if it is granted by the Secretary of State and—</intro><level class="para1" eId="section-40-2-a"><num>(a)</num><content>it is one on the grant of which a development agreement, or an agreement connected with such an agreement, is conditional, or</content></level><level class="para1" eId="section-40-2-b"><num>(b)</num><content>it contains a statement to the effect that it is granted for purposes connected with the construction or operation of the rail link.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-40-3"><num>(3)</num><content>In this section, “<term refersTo="#term-development-agreement-lease" eId="term-development-agreement-lease">development agreement lease</term>” means a lease granted by the Secretary of State in pursuance of a development agreement, or an agreement connected with such an agreement, and references to a development agreement lease include any provisions of a development agreement, or an agreement connected with such an agreement, providing for the grant of a lease of any land by the Secretary of State.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-40-4"><num>(4)</num><content>For the purposes of this section, an agreement is connected with a development agreement if the development agreement is expressed to be conditional upon it being entered into.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-40-5"><num>(5)</num><content>This section shall be deemed to have come into force on 4th July 1995.</content></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="section-42"><num><noteRef href="#key-61e52d02f6d5ed6f18b3d3a395f710c9" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>42</num><heading> Related works: application of section 9 of the Transport and Works Act 1992.</heading><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></section>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="section-42A"><num><noteRef href="#c1252034" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/><ins class="first" ukl:ChangeId="d29p2471">42A</ins></num><heading><ins ukl:ChangeId="d29p2471"> Strategic Rail Authority as agent of Secretary of State.</ins></heading><subsection eId="section-42A-1"><num><ins ukl:ChangeId="d29p2471"><del class="first" ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981"><noteRef uk:name="commentary" href="#key-36cd2ff35f99e48d830bb989f8c09981" class="commentary"/>(1)</del></ins></num><content><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">The Strategic Rail Authority may do anything which it arranges with the Secretary of State to do on his behalf in connection with any agreement or other arrangement made by him for the purpose of securing the design, construction, financing, maintenance or operation of the rail link or any of the other works authorised by this Part of this Act.</del></ins></content></subsection><subsection eId="section-42A-2"><num><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">(2)</del></ins></num><intro><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">Subsection (1) above—</del></ins></intro><level class="para1" eId="section-42A-2-a"><num><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">(a)</del></ins></num><content><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">does not authorise the Strategic Rail Authority to exercise any function conferred or imposed by or by virtue of any enactment, and</del></ins></content></level><level class="para1" eId="section-42A-2-b"><num><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">(b)</del></ins></num><content><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">is subject to the terms of the agreement or other arrangement.</del></ins></content></level></subsection><subsection eId="section-42A-3"><num><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">(3)</del></ins></num><content><ins class="last" ukl:ChangeId="d29p2471"><del class="last" ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">Sections 207 and 208 of the Transport Act 2000 do not apply to the power conferred by this section.</del></ins></content></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="section-42A-2"><num><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">(2)</del></ins></num><intro><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">Subsection (1) above—</del></ins></intro><level class="para1" eId="section-42A-2-a"><num><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">(a)</del></ins></num><content><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">does not authorise the Strategic Rail Authority to exercise any function conferred or imposed by or by virtue of any enactment, and</del></ins></content></level><level class="para1" eId="section-42A-2-b"><num><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">(b)</del></ins></num><content><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">is subject to the terms of the agreement or other arrangement.</del></ins></content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="section-42A-3"><num><ins ukl:ChangeId="d29p2471"><del ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">(3)</del></ins></num><content><ins class="last" ukl:ChangeId="d29p2471"><del class="last" ukl:ChangeId="key-36cd2ff35f99e48d830bb989f8c09981-1479065522800" ukl:CommentaryRef="key-36cd2ff35f99e48d830bb989f8c09981">Sections 207 and 208 of the Transport Act 2000 do not apply to the power conferred by this section.</del></ins></content></subsection>

<part xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="part-II"><num>Part II</num><heading> The A2 and M2 Improvement Works</heading><section eId="section-44"><num>44</num><heading> Authorised works.</heading><subsection eId="section-44-1"><num>(1)</num><content>The Secretary of State may construct the works specified in Part I of Schedule 12 to this Act (“<term refersTo="#term-the-a2-and-m2-improvement-works" eId="term-the-a2-and-m2-improvement-works">the A2 and M2 improvement works</term>”).</content></subsection><subsection eId="section-44-2"><num>(2)</num><intro>Part II of that Schedule shall have effect for conferring on the Secretary of State powers in relation to—</intro><level class="para1" eId="section-44-2-a"><num>(a)</num><content>the stopping up of highways and the extinguishment of rights of way over them,</content></level><level class="para1" eId="section-44-2-b"><num>(b)</num><content>the stopping up of access to premises, and</content></level><level class="para1" eId="section-44-2-c"><num>(c)</num><content>temporary interference with highways,</content></level><wrapUp>for the purposes of or in connection with the construction of any of the A2 and M2 improvement works.</wrapUp></subsection><subsection eId="section-44-3"><num>(3)</num><intro>Part III of that Schedule shall have effect—</intro><level class="para1" eId="section-44-3-a"><num>(a)</num><content>for treating highways constructed by the Secretary of State in pursuance of that Schedule as highways of specified descriptions,</content></level><level class="para1" eId="section-44-3-b"><num>(b)</num><content>for transferring such of those highways as do not become trunk roads to the Kent County Council,</content></level><level class="para1" eId="section-44-3-c"><num>(c)</num><content>for treating operations and works in pursuance of that Schedule as authorised under specified provisions of the <noteRef href="#c1252037" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Highways Act 1980,</content></level><level class="para1" eId="section-44-3-d"><num>(d)</num><content>for treating certain provisions of that Schedule as provisions of instruments made under specified provisions of that Act, and</content></level><level class="para1" eId="section-44-3-e"><num>(e)</num><content>for enabling traffic on any highway constructed in pursuance of that Schedule to be subject to regulation under the <noteRef href="#c1252038" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Road Traffic Regulation Act 1984 as soon as it is open for public use.</content></level></subsection><subsection eId="section-44-4"><num>(4)</num><content>Subject to subsection (5) below, the A2 and M2 improvement works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.</content></subsection><subsection eId="section-44-5"><num>(5)</num><intro>In constructing any of the A2 and M2 improvement works, the Secretary of State may—</intro><level class="para1" eId="section-44-5-a"><num>(a)</num><content>deviate laterally from the lines or situations shown on the deposited plans to any extent within the limits of deviation for that work so shown, and</content></level><level class="para1" eId="section-44-5-b"><num>(b)</num><intro>deviate vertically from the level shown for that work on the deposited sections—</intro><level class="para2" eId="section-44-5-b-i"><num>(i)</num><content>to any extent not exceeding 3 metres upwards, and</content></level><level class="para2" eId="section-44-5-b-ii"><num>(ii)</num><content>to any extent downwards.</content></level></level></subsection></section><section eId="section-45"><num>45</num><heading> Acquisition of land.</heading><subsection eId="section-45-1"><num>(1)</num><intro>The Secretary of State is authorised by this section to acquire compulsorily—</intro><level class="para1" eId="section-45-1-a"><num>(a)</num><content>so much of the land shown on the deposited plans within the limits of deviation for the A2 and M2 improvement works as may be required for or in connection with the works authorised by this Part of this Act, and</content></level><level class="para1" eId="section-45-1-b"><num>(b)</num><content>so much of the land so shown within the limits of land to be acquired or used as may be so required.</content></level></subsection><subsection eId="section-45-2"><num>(2)</num><content>Without prejudice to the generality of subsection (1) above, the purposes for which land may be acquired under that subsection include, in the case of any land specified in columns (1) and (2) in Schedule 13 to this Act, the purpose specified in relation to that land in column (3) in that Schedule as one for which that land may be acquired or used.</content></subsection><subsection eId="section-45-3"><num>(3)</num><content>Part I of the <noteRef href="#c1252039" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, so far as not inconsistent with this Part of this Act, shall apply to an acquisition of land under subsection (1) above as it applies to a compulsory purchase to which Schedule 1 of the <noteRef href="#c1252040" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981 applies and as if this Part of this Act were a compulsory purchase order under that Act.</content></subsection><subsection eId="section-45-4"><num>(4)</num><content>In its application by virtue of subsection (3) above, the Compulsory Purchase Act 1965 shall have effect with the modifications set out in paragraph 3(2) to (4) of Schedule 4 to this Act.</content></subsection><subsection eId="section-45-5"><num>(5)</num><content>The <noteRef href="#c1252041" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this Part of this Act were a compulsory purchase order.</content></subsection><subsection eId="section-45-6"><num>(6)</num><content><mod>In its application by virtue of subsection (5) above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the modifications set out in paragraph 5(2) to (7) of Schedule 4 to this Act, except that, in paragraph 5(7) of that Schedule, for “section 4(1)” there shall be substituted <quotedText>“ section 45(1) ”</quotedText>.</mod></content></subsection><subsection eId="section-45-7"><num>(7)</num><content>The <noteRef href="#c1252042" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Lands Clauses Consolidation Act 1845 shall not apply to the acquisition of land under subsection (1) above.</content></subsection></section><section eId="section-46"><num>46</num><heading> Blight: compensation for pre-enactment acquisition.</heading><subsection eId="section-46-1"><num>(1)</num><content>This section applies to land which is blighted land under paragraph 16 of Schedule 13 to the <noteRef href="#c1252043" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990 (route of proposed special road “<term refersTo="#term-blighted-land" eId="term-blighted-land">blighted land</term>” for the purposes. of Chapter <abbr class="acronym" title="2">II</abbr> of Part VI of that Act on the Secretary of State notifying the local planning authority of his intention and identifying the proposed route) by virtue of steps taken by the Secretary of State in relation to the A2 and M2 improvement works.</content></subsection><subsection eId="section-46-2"><num>(2)</num><intro>Where by virtue of section 154(2) of the Town and Country Planning Act 1990 (effect of valid blight notice) the Secretary of State is deemed—</intro><level class="para1" eId="section-46-2-a"><num>(a)</num><content>to have served a notice to treat in respect of an interest in land to which this section applies, and</content></level><level class="para1" eId="section-46-2-b"><num>(b)</num><content>to have done so on a date prior to the day on which this Act is passed,</content></level><wrapUp>this Act shall be deemed, for the purpose of applying section 6 of the <noteRef href="#c1252044" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1961 (disregard of actual or prospective development in certain cases) to the assessment of compensation for the acquisition of the interest, to have been passed before the date on which the notice to treat is deemed to have been served.</wrapUp></subsection><subsection eId="section-46-3"><num>(3)</num><content>In this section, “<term refersTo="#term-blight-notice" eId="term-blight-notice">blight notice</term>” means a notice served under section 150, 161 or 162 of the Town and Country Planning Act 1990.</content></subsection><subsection eId="section-46-4"><num>(4)</num><content>This section shall be deemed to have come into force on 23rd November 1994.</content></subsection></section></part>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-44-1"><num>(1)</num><content>The Secretary of State may construct the works specified in Part I of Schedule 12 to this Act (“<term refersTo="#term-the-a2-and-m2-improvement-works" eId="term-the-a2-and-m2-improvement-works">the A2 and M2 improvement works</term>”).</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-44-2"><num>(2)</num><intro>Part II of that Schedule shall have effect for conferring on the Secretary of State powers in relation to—</intro><level class="para1" eId="section-44-2-a"><num>(a)</num><content>the stopping up of highways and the extinguishment of rights of way over them,</content></level><level class="para1" eId="section-44-2-b"><num>(b)</num><content>the stopping up of access to premises, and</content></level><level class="para1" eId="section-44-2-c"><num>(c)</num><content>temporary interference with highways,</content></level><wrapUp>for the purposes of or in connection with the construction of any of the A2 and M2 improvement works.</wrapUp></subsection>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-44-3-a"><num>(a)</num><content>for treating highways constructed by the Secretary of State in pursuance of that Schedule as highways of specified descriptions,</content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-44-3-b"><num>(b)</num><content>for transferring such of those highways as do not become trunk roads to the Kent County Council,</content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-44-3-d"><num>(d)</num><content>for treating certain provisions of that Schedule as provisions of instruments made under specified provisions of that Act, and</content></level>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-44-4"><num>(4)</num><content>Subject to subsection (5) below, the A2 and M2 improvement works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-44-5"><num>(5)</num><intro>In constructing any of the A2 and M2 improvement works, the Secretary of State may—</intro><level class="para1" eId="section-44-5-a"><num>(a)</num><content>deviate laterally from the lines or situations shown on the deposited plans to any extent within the limits of deviation for that work so shown, and</content></level><level class="para1" eId="section-44-5-b"><num>(b)</num><intro>deviate vertically from the level shown for that work on the deposited sections—</intro><level class="para2" eId="section-44-5-b-i"><num>(i)</num><content>to any extent not exceeding 3 metres upwards, and</content></level><level class="para2" eId="section-44-5-b-ii"><num>(ii)</num><content>to any extent downwards.</content></level></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-45-1"><num>(1)</num><intro>The Secretary of State is authorised by this section to acquire compulsorily—</intro><level class="para1" eId="section-45-1-a"><num>(a)</num><content>so much of the land shown on the deposited plans within the limits of deviation for the A2 and M2 improvement works as may be required for or in connection with the works authorised by this Part of this Act, and</content></level><level class="para1" eId="section-45-1-b"><num>(b)</num><content>so much of the land so shown within the limits of land to be acquired or used as may be so required.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-45-2"><num>(2)</num><content>Without prejudice to the generality of subsection (1) above, the purposes for which land may be acquired under that subsection include, in the case of any land specified in columns (1) and (2) in Schedule 13 to this Act, the purpose specified in relation to that land in column (3) in that Schedule as one for which that land may be acquired or used.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-45-4"><num>(4)</num><content>In its application by virtue of subsection (3) above, the Compulsory Purchase Act 1965 shall have effect with the modifications set out in paragraph 3(2) to (4) of Schedule 4 to this Act.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-45-6"><num>(6)</num><content><mod>In its application by virtue of subsection (5) above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the modifications set out in paragraph 5(2) to (7) of Schedule 4 to this Act, except that, in paragraph 5(7) of that Schedule, for “section 4(1)” there shall be substituted <quotedText>“ section 45(1) ”</quotedText>.</mod></content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-46-3"><num>(3)</num><content>In this section, “<term refersTo="#term-blight-notice" eId="term-blight-notice">blight notice</term>” means a notice served under section 150, 161 or 162 of the Town and Country Planning Act 1990.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-46-4"><num>(4)</num><content>This section shall be deemed to have come into force on 23rd November 1994.</content></subsection>

<part xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="part-III"><num>Part III</num><heading> Miscellaneous and General</heading><section eId="section-47"><num>47</num><heading> Time limit for powers of compulsory acquisition.</heading><subsection eId="section-47-1"><num>(1)</num><intro>After the end of the period of 5 years beginning with the day on which this Act is passed—</intro><level class="para1" eId="section-47-1-a"><num>(a)</num><content>no notice to treat shall be served under Part I of the <noteRef href="#c1252045" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) or 45(1) above, and</content></level><level class="para1" eId="section-47-1-b"><num>(b)</num><content>no declaration shall be executed under section 4 of the <noteRef href="#c1252046" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase (Vesting Declarations) Act 1981, as applied by section 45(5) above or paragraph 4 of Schedule 4 to this Act.</content></level></subsection><subsection eId="section-47-2"><num>(2)</num><content>The Secretary of State may by order extend the period under subsection (1) above in relation to any land.</content></subsection><subsection eId="section-47-3"><num>(3)</num><content>An order under subsection (2) above shall be subject to special Parliamentary procedure.</content></subsection></section><section eId="section-48"><num>48</num><heading> Power to acquire land by reference to combined effect of works.</heading><subsection eId="section-48-1"><num>(1)</num><intro>The Secretary of State may acquire by agreement land the enjoyment of which is, or will in his opinion be, seriously affected by the combined effect of—</intro><level class="para1" eId="section-48-1-a"><num>(a)</num><content>the carrying out of works for the construction of any of the rail link works or the use of any of those works, and</content></level><level class="para1" eId="section-48-1-b"><num>(b)</num><content>the carrying out of works for the construction of any of the A2 and M2 improvement works or the use of any of those works,</content></level><wrapUp>if the interest of the vendor is a qualifying interest.</wrapUp></subsection><subsection eId="section-48-2"><num>(2)</num><content>Subsection (1) above shall not apply in relation to land which may be acquired, by reference to the A2 and M2 improvement works, under section 246(2) or (2A) of the <noteRef href="#c1252047" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Highways Act 1980.</content></subsection><subsection eId="section-48-3"><num>(3)</num><content>Subsection (1) above shall not apply in relation to an interest which is the subject of a claim for compensation under Part I of the <noteRef href="#c1252048" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1973 (compensation for depreciation caused by use of public works).</content></subsection><subsection eId="section-48-4"><num>(4)</num><intro>The power conferred by subsection (1) above—</intro><level class="para1" eId="section-48-4-a"><num>(a)</num><content>so far as exercisable by reference to the carrying out of works for the construction of any work, shall only be exercisable if the acquisition is begun before the work’s opening date, and</content></level><level class="para1" eId="section-48-4-b"><num>(b)</num><content>so far as exercisable by reference to the use of any work, shall only be exercisable if the acquisition is begun before the end of one year after the work’s opening date.</content></level></subsection><subsection eId="section-48-5"><num>(5)</num><intro>For the purposes of subsection (4) above—</intro><level class="para1" eId="section-48-5-a"><num>(a)</num><content>the acquisition of any land shall be treated as begun when the agreement for its acquisition is made, and</content></level><level class="para1" eId="section-48-5-b"><num>(b)</num><intro>a work’s opening date is—</intro><level class="para2" eId="section-48-5-b-i"><num>(i)</num><content>in the case of a work consisting of a highway, the date on which it is first opened to public traffic, and</content></level><level class="para2" eId="section-48-5-b-ii"><num>(ii)</num><content>in the case of any other work, the date on which it is first used after completion.</content></level></level></subsection><subsection eId="section-48-6"><num>(6)</num><intro>In this section—</intro><hcontainer name="definition"><content>“<term refersTo="#term-qualifying-interest" eId="term-qualifying-interest">qualifying interest</term>” has the meaning given in section 149(2) of the <noteRef href="#c1252049" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990, taking references to the relevant date as references to the date on which the purchase agreement is made; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-rail-link-works" eId="term-rail-link-works">rail link works</term>” means the scheduled works, so far as relating to the rail link.</content></hcontainer></subsection></section><section eId="section-49"><num>49</num><heading> Noise insulation regulations: procedure.</heading><content><mod>Section 20 of the <noteRef href="#c1252050" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1973 (sound-proofing of buildings affected by public works) shall have effect, in relation to regulations under that section which relate only to noise caused or expected to be caused by the construction or use of works authorised by this Act, with the substitution for subsection (9) of—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><subsection><num>(9)</num><content>An instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subsection></quotedStructure></mod></content></section><section eId="section-50"><num>50</num><heading> Overhead lines.</heading><subsection eId="section-50-1"><num>(1)</num><intro>Section 37(1) of the <noteRef href="#c1252059" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Electricity Act 1989 (which requires the consent of the Secretary of State to overhead lines) shall not apply in relation to any electric line which—</intro><level class="para1" eId="section-50-1-a"><num>(a)</num><content>for the purposes of or in connection with the exercise of any of the powers conferred by Part I of this Act with respect to works, or</content></level><level class="para1" eId="section-50-1-b"><num>(b)</num><content>in pursuance of any provision of Schedule 15 to this Act,</content></level><wrapUp>is installed above land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.</wrapUp></subsection><subsection eId="section-50-2"><num>(2)</num><content>Schedule 14 to this Act (which makes alternative provision for consent in relation to lines to which subsection (1) above applies) shall have effect.</content></subsection><subsection eId="section-50-3"><num>(3)</num><content>On the revocation or expiry of consent under Schedule 14 to this Act, the line to which the consent relates shall cease to be a line to which subsection (1) above applies.</content></subsection><subsection eId="section-50-4"><num>(4)</num><content>On granting consent under Schedule 14 to this Act to electricity undertakers, the appropriate Ministers may direct that planning permission shall be deemed to be granted for the carrying out of development to which the consent relates, subject to such conditions (if any) as may be specified in the direction.</content></subsection><subsection eId="section-50-5"><num>(5)</num><intro>In subsection (4) above—</intro><level class="para1" eId="section-50-5-a"><num>(a)</num><content>“<term refersTo="#term-electricity-undertakers" eId="term-electricity-undertakers">electricity undertakers</term>” means the holder of a licence under section 6 of the Electricity Act 1989, and</content></level><level class="para1" eId="section-50-5-b"><num>(b)</num><content>the reference to the appropriate Ministers is to <ins class="substitution first last" ukl:ChangeId="key-0aeb3299f959e9d7618e1d87ef542769-1686915410098" ukl:CommentaryRef="key-0aeb3299f959e9d7618e1d87ef542769"><noteRef uk:name="commentary" href="#key-0aeb3299f959e9d7618e1d87ef542769" class="commentary"/>the Secretary of State for Energy Security and Net Zero</ins> and <ins class="first last" ukl:ChangeId="d29p3040" ukl:CommentaryRef="c1252060"><noteRef uk:name="commentary" href="#c1252060" class="commentary"/>the Secretary of State for Transport</ins> acting jointly.</content></level></subsection></section><section eId="section-51"><num>51</num><heading> Replacement concrete batching facilities at <abbr title="Saint">St.</abbr> Pancras.</heading><subsection eId="section-51-1"><num>(1)</num><content>Planning permission shall be deemed to be granted under Part III of the <noteRef href="#c1252061" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990 for the construction of concrete batching facilities on land at <abbr title="Saint">St.</abbr> Pancras in London within the relevant limits.</content></subsection><subsection eId="section-51-2"><num>(2)</num><content>The planning permission deemed by subsection (1) above to be granted shall be deemed to be granted subject to a condition specifying the siting, design, external appearance and landscaping of the development as reserved matters for the subsequent approval of the local planning authority.</content></subsection><subsection eId="section-51-3"><num>(3)</num><content>Section 10 above shall apply in relation to the planning permission deemed by subsection (1) above to be granted as it applies in relation to the planning permission deemed by subsection (1) of section 9 above to be granted, so far as relating to development to which subsection (2) or (4) of that section applies.</content></subsection><subsection eId="section-51-4"><num>(4)</num><intro>The carrying out or maintenance of any work on land within the relevant limits is authorised by virtue of this section if it is done in accordance with the planning permission deemed by subsection (1) above to be granted, notwithstanding that it involves—</intro><level class="para1" eId="section-51-4-a"><num>(a)</num><content>interference with an interest or right to which subsection (5) below applies, or</content></level><level class="para1" eId="section-51-4-b"><num>(b)</num><content>a breach of a restriction as to the user of land by virtue of a contract.</content></level></subsection><subsection eId="section-51-5"><num>(5)</num><content>The interests and rights to which this subsection applies are any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right of support.</content></subsection><subsection eId="section-51-6"><num>(6)</num><intro>In respect of any interference or breach in pursuance of subsection (4) above, compensation shall be—</intro><level class="para1" eId="section-51-6-a"><num>(a)</num><content>payable under section 7 or 10 of the <noteRef href="#c1252062" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, and</content></level><level class="para1" eId="section-51-6-b"><num>(b)</num><intro>assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where—</intro><level class="para2" eId="section-51-6-b-i"><num>(i)</num><content>the compensation is to be estimated in connection with a purchase under that Act, or</content></level><level class="para2" eId="section-51-6-b-ii"><num>(ii)</num><content>the injury arises from the execution of works on land acquired under that Act.</content></level></level></subsection><subsection eId="section-51-7"><num>(7)</num><content>Nothing in subsection (4) above shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in that subsection.</content></subsection><subsection eId="section-51-8"><num>(8)</num><content>In this section, references to the relevant limits are to the limits of land for concrete batching facilities which are shown on the deposited plans.</content></subsection></section><section eId="section-52"><num>52</num><heading> Protection of interests.</heading><subsection eId="section-52-1"><num>(1)</num><content>Schedule 15 to this Act shall have effect for protecting the interests of the bodies and persons specified in that Schedule (being bodies and persons who may be affected by other provisions of this Act).</content></subsection><subsection eId="section-52-2"><num>(2)</num><content>The provisions of Schedule 15 to this Act shall be treated for the purposes of Part I of this Act as provisions of that Part.</content></subsection></section><section eId="section-53"><num>53</num><heading> Correction of deposited plans.</heading><subsection eId="section-53-1"><num>(1)</num><content>If the deposited plans or the book of reference to those plans are inaccurate in their description of any land, or in their statement or description of the ownership or occupation of any land, the Secretary of State, after giving not less than 10 days’ notice to the owners and occupiers of the land in question, may apply to two justices having jurisdiction in the place where the land is situated for the correction of the plans or book of reference.</content></subsection><subsection eId="section-53-2"><num>(2)</num><content>If on such an application it appears to the justices that the misstatement or wrong description arose from mistake or inadvertence, the justices shall certify accordingly and shall in their certificate state in what respect a matter is misstated or wrongly described.</content></subsection><subsection eId="section-53-3"><num>(3)</num><content>The certificate shall be deposited in the office of the Clerk of the Parliaments and a copy of it in the Private Bill Office of the House of Commons and with the proper officer of each county council or London borough council in whose area the land to which the certificate relates is situated, and thereupon the deposited plans or book of reference shall be deemed to be corrected according to the certificate and it shall be lawful for the Secretary of State, in accordance with the certificate, to proceed under this Act as if the deposited plans or book of reference had always been in the corrected form.</content></subsection><subsection eId="section-53-4"><num>(4)</num><content>A copy certificate deposited under subsection (3) above shall be kept with the documents to which it relates.</content></subsection><subsection eId="section-53-5"><num>(5)</num><content>A justice of the peace may act under this section in relation to land which is partly in one area and partly in another if he may act as respects land in either area.</content></subsection><subsection eId="section-53-6"><num>(6)</num><content>In this section, “<term refersTo="#term-book-of-reference" eId="term-book-of-reference">book of reference</term>” means the book deposited in connection with the Channel Tunnel Rail Link Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons in November 1994 together with the books so deposited in November and December 1995.</content></subsection></section><section eId="section-54"><num>54</num><heading> Service of documents.</heading><subsection eId="section-54-1"><num>(1)</num><intro>Any document required or authorised to be served on any person under this Act may be served—</intro><level class="para1" eId="section-54-1-a"><num>(a)</num><content>by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address, or</content></level><level class="para1" eId="section-54-1-b"><num>(b)</num><content>if the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary of that body, or</content></level><level class="para1" eId="section-54-1-c"><num>(c)</num><content>if the person is a partnership, by serving it in accordance with paragraph (a) above on a partner or a person having control or management of the partnership business.</content></level></subsection><subsection eId="section-54-2"><num>(2)</num><intro>For the purposes of this section and section 7 of the <noteRef href="#c1252064" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Interpretation Act 1978 (which relates to the service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that—</intro><level class="para1" eId="section-54-2-a"><num>(a)</num><content>in the case of service on a body corporate or its secretary, it shall be the address of the registered or principal office of the body;</content></level><level class="para1" eId="section-54-2-b"><num>(b)</num><content>in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership;</content></level><wrapUp>and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.</wrapUp></subsection><subsection eId="section-54-3"><num>(3)</num><content>If a person to be served under this Act with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined under subsection (2) above) as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated as his proper address for the purposes of this section and for the purposes of section 7 of the <noteRef href="#c1252065" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Interpretation Act 1978 in its application to this section.</content></subsection><subsection eId="section-54-4"><num>(4)</num><intro>Where a document is required or authorised to be served under this Act on a person in his capacity as the owner of an interest in, or occupier of, any land and his name or address cannot be ascertained after reasonable enquiry, the document may be served by addressing it to him by name or by the description of “<term refersTo="#term-owner" eId="term-owner">owner</term>” or “<term refersTo="#term-occupier" eId="term-occupier">occupier</term>”, as the case may be, of the land and—</intro><level class="para1" eId="section-54-4-a"><num>(a)</num><content>leaving it with a person who is, or appears to be, resident or employed on the land, or</content></level><level class="para1" eId="section-54-4-b"><num>(b)</num><content>leaving it conspicuously affixed to some building or object on or near the land.</content></level></subsection><subsection eId="section-54-5"><num>(5)</num><content>In this section “<term refersTo="#term-secretary" eId="term-secretary">secretary</term>”, in relation to a local authority within the meaning of the <noteRef href="#c1252066" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Local Government Act 1972, means the proper officer within the meaning of that Act.</content></subsection></section><section eId="section-55"><num>55</num><heading> Financial provision.</heading><content>There shall be paid out of money provided by Parliament any expenditure of the Secretary of State under this Act.</content></section><section eId="section-56"><num>56</num><heading> Interpretation.</heading><subsection eId="section-56-1"><num>(1)</num><intro>In this Act, except where the context otherwise requires—</intro><hcontainer name="definition"><content>“<term refersTo="#term-a2-and-m2-improvement-works" eId="term-a2-and-m2-improvement-works">A2 and M2 improvement works</term>” has the meaning given by section 44(1) above;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-bridleway" eId="term-bridleway">bridleway</term>”, “<term refersTo="#term-carriageway" eId="term-carriageway">carriageway</term>”, “<term refersTo="#term-cycle-track" eId="term-cycle-track">cycle track</term>”, “<term refersTo="#term-footpath" eId="term-footpath">footpath</term>”, “<term refersTo="#term-footway" eId="term-footway">footway</term>”, “<term refersTo="#term-highway" eId="term-highway">highway</term>”, “<term refersTo="#term-highway-authority" eId="term-highway-authority">highway authority</term>” and “<term refersTo="#term-local-highway-authority" eId="term-local-highway-authority">local highway authority</term>” have the same meanings as in the <noteRef href="#c1252067" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Highways Act 1980;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-burial-ground" eId="term-burial-ground">burial ground</term>” means a churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment;</content></hcontainer><hcontainer name="definition"><intro>“<term refersTo="#term-deposited-plans" eId="term-deposited-plans">deposited plans</term>” and “<term refersTo="#term-deposited-sections" eId="term-deposited-sections">deposited sections</term>” mean respectively the following plans and sections deposited in connection with the Channel Tunnel Rail Link Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons, namely—</intro><level class="para1"><num>(a)</num><content>the plans and sections shown on Sheets <abbr title="Numbers">Nos.</abbr> 1 to 6 and 9 to 24 of the plans and sections deposited in November 1995 in connection with the Barking Extended Tunnel,</content></level><level class="para1"><num>(b)</num><content>the plans and sections deposited in November 1995 otherwise than in connection with the Barking Extended Tunnel,</content></level><level class="para1"><num>(c)</num><content>the plans and sections deposited in December 1995, and</content></level><level class="para1"><num>(d)</num><content>the plans and sections deposited in November 1994, so far as not superseded by the plans and sections mentioned in paragraphs (a) to (c) above;</content></level></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-development-agreement" eId="term-development-agreement">development agreement</term>” means an agreement (including one entered into before the passing of this Act) to which the Secretary of State is a party and under which another party has responsibilities in relation to the design, construction, financing <ins class="substitution first last" ukl:ChangeId="key-5580b9f88fcbb9f7e7fb89d4a6f00945-1479071737159" ukl:CommentaryRef="key-5580b9f88fcbb9f7e7fb89d4a6f00945"><noteRef uk:name="commentary" href="#key-5580b9f88fcbb9f7e7fb89d4a6f00945" class="commentary"/>, maintenance or operation</ins> of the rail link;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-limits-of-deviation" eId="term-limits-of-deviation">limits of deviation</term>” means the limits of deviation which are shown on the deposited plans;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-limits-of-land-to-be-acquired-or-used" eId="term-limits-of-land-to-be-acquired-or-used">limits of land to be acquired or used</term>” means the limits of land to be acquired or used which are shown on the deposited plans;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-owner" eId="term-owner">owner</term>” has the same meaning as in the <noteRef href="#c1252068" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981;</content></hcontainer><hcontainer name="definition"><intro>“<term refersTo="#term-rail-link" eId="term-rail-link">rail link</term>” means—</intro><level class="para1"><num>(a)</num><content>the railway between <abbr title="Saint">St.</abbr> Pancras, in London, and the Channel Tunnel portal at Castle Hill, Folkestone, in Kent, authorised to be constructed by section 1(1) above, together with its associated works, facilities and installations, and</content></level><level class="para1"><num>(b)</num><content>the railway comprised in Works <abbr title="Numbers">Nos.</abbr> 11, 11A and 11B (which connects the railway mentioned in paragraph (a) above with the Chatham to Victoria Line), together with its associated works, facilities and installations;</content></level></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-rail-link-undertaker" eId="term-rail-link-undertaker">rail link undertaker</term>” means a person who, under section 34 above, is the nominated undertaker for any purpose of section 1(1) or 14(1) above, so far as relating to the rail link;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-scheduled-works" eId="term-scheduled-works">scheduled works</term>” has the meaning given by section 1(1) above; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-scheduled-works-agreement" eId="term-scheduled-works-agreement">scheduled works agreement</term>” means an agreement relating to the design, construction, financing, maintenance or operation of any of the scheduled works.</content></hcontainer></subsection><subsection eId="section-56-2"><num>(2)</num><content>References in this Act to the nominated undertaker shall be read in accordance with section 34 above.</content></subsection><subsection eId="section-56-3"><num>(3)</num><intro>In this Act—</intro><level class="para1" eId="section-56-3-a"><num>(a)</num><content>a reference to a highway or any other place identified by letters and numbers is a reference to the highway or place shown as such on the deposited plans,</content></level><level class="para1" eId="section-56-3-b"><num>(b)</num><content>a reference to a work identified by a number (or a number and a letter) is a reference to the scheduled work or, as the case may be, the A2 and M2 improvement work of that number (or number and letter),</content></level><level class="para1" eId="section-56-3-c"><num>(c)</num><content>references to specified distances shall be construed as if the words “or thereabouts” were inserted after each such distance, distances between points on a road or railway being measured along the centre line of the road or railway.</content></level></subsection></section><section eId="section-57"><num>57</num><heading> Short title.</heading><content>This Act may be cited as the Channel Tunnel Rail Link Act 1996.</content></section></part>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-47-2"><num>(2)</num><content>The Secretary of State may by order extend the period under subsection (1) above in relation to any land.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-47-3"><num>(3)</num><content>An order under subsection (2) above shall be subject to special Parliamentary procedure.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-48-1"><num>(1)</num><intro>The Secretary of State may acquire by agreement land the enjoyment of which is, or will in his opinion be, seriously affected by the combined effect of—</intro><level class="para1" eId="section-48-1-a"><num>(a)</num><content>the carrying out of works for the construction of any of the rail link works or the use of any of those works, and</content></level><level class="para1" eId="section-48-1-b"><num>(b)</num><content>the carrying out of works for the construction of any of the A2 and M2 improvement works or the use of any of those works,</content></level><wrapUp>if the interest of the vendor is a qualifying interest.</wrapUp></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-48-4"><num>(4)</num><intro>The power conferred by subsection (1) above—</intro><level class="para1" eId="section-48-4-a"><num>(a)</num><content>so far as exercisable by reference to the carrying out of works for the construction of any work, shall only be exercisable if the acquisition is begun before the work’s opening date, and</content></level><level class="para1" eId="section-48-4-b"><num>(b)</num><content>so far as exercisable by reference to the use of any work, shall only be exercisable if the acquisition is begun before the end of one year after the work’s opening date.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-48-5"><num>(5)</num><intro>For the purposes of subsection (4) above—</intro><level class="para1" eId="section-48-5-a"><num>(a)</num><content>the acquisition of any land shall be treated as begun when the agreement for its acquisition is made, and</content></level><level class="para1" eId="section-48-5-b"><num>(b)</num><intro>a work’s opening date is—</intro><level class="para2" eId="section-48-5-b-i"><num>(i)</num><content>in the case of a work consisting of a highway, the date on which it is first opened to public traffic, and</content></level><level class="para2" eId="section-48-5-b-ii"><num>(ii)</num><content>in the case of any other work, the date on which it is first used after completion.</content></level></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-50-2"><num>(2)</num><content>Schedule 14 to this Act (which makes alternative provision for consent in relation to lines to which subsection (1) above applies) shall have effect.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-50-3"><num>(3)</num><content>On the revocation or expiry of consent under Schedule 14 to this Act, the line to which the consent relates shall cease to be a line to which subsection (1) above applies.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-50-4"><num>(4)</num><content>On granting consent under Schedule 14 to this Act to electricity undertakers, the appropriate Ministers may direct that planning permission shall be deemed to be granted for the carrying out of development to which the consent relates, subject to such conditions (if any) as may be specified in the direction.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-51-2"><num>(2)</num><content>The planning permission deemed by subsection (1) above to be granted shall be deemed to be granted subject to a condition specifying the siting, design, external appearance and landscaping of the development as reserved matters for the subsequent approval of the local planning authority.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-51-3"><num>(3)</num><content>Section 10 above shall apply in relation to the planning permission deemed by subsection (1) above to be granted as it applies in relation to the planning permission deemed by subsection (1) of section 9 above to be granted, so far as relating to development to which subsection (2) or (4) of that section applies.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-51-4"><num>(4)</num><intro>The carrying out or maintenance of any work on land within the relevant limits is authorised by virtue of this section if it is done in accordance with the planning permission deemed by subsection (1) above to be granted, notwithstanding that it involves—</intro><level class="para1" eId="section-51-4-a"><num>(a)</num><content>interference with an interest or right to which subsection (5) below applies, or</content></level><level class="para1" eId="section-51-4-b"><num>(b)</num><content>a breach of a restriction as to the user of land by virtue of a contract.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-51-5"><num>(5)</num><content>The interests and rights to which this subsection applies are any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right of support.</content></subsection>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-51-6-b"><num>(b)</num><intro>assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where—</intro><level class="para2" eId="section-51-6-b-i"><num>(i)</num><content>the compensation is to be estimated in connection with a purchase under that Act, or</content></level><level class="para2" eId="section-51-6-b-ii"><num>(ii)</num><content>the injury arises from the execution of works on land acquired under that Act.</content></level></level>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-51-7"><num>(7)</num><content>Nothing in subsection (4) above shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in that subsection.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-51-8"><num>(8)</num><content>In this section, references to the relevant limits are to the limits of land for concrete batching facilities which are shown on the deposited plans.</content></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-52"><num>52</num><heading> Protection of interests.</heading><subsection eId="section-52-1"><num>(1)</num><content>Schedule 15 to this Act shall have effect for protecting the interests of the bodies and persons specified in that Schedule (being bodies and persons who may be affected by other provisions of this Act).</content></subsection><subsection eId="section-52-2"><num>(2)</num><content>The provisions of Schedule 15 to this Act shall be treated for the purposes of Part I of this Act as provisions of that Part.</content></subsection></section>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-53"><num>53</num><heading> Correction of deposited plans.</heading><subsection eId="section-53-1"><num>(1)</num><content>If the deposited plans or the book of reference to those plans are inaccurate in their description of any land, or in their statement or description of the ownership or occupation of any land, the Secretary of State, after giving not less than 10 days’ notice to the owners and occupiers of the land in question, may apply to two justices having jurisdiction in the place where the land is situated for the correction of the plans or book of reference.</content></subsection><subsection eId="section-53-2"><num>(2)</num><content>If on such an application it appears to the justices that the misstatement or wrong description arose from mistake or inadvertence, the justices shall certify accordingly and shall in their certificate state in what respect a matter is misstated or wrongly described.</content></subsection><subsection eId="section-53-3"><num>(3)</num><content>The certificate shall be deposited in the office of the Clerk of the Parliaments and a copy of it in the Private Bill Office of the House of Commons and with the proper officer of each county council or London borough council in whose area the land to which the certificate relates is situated, and thereupon the deposited plans or book of reference shall be deemed to be corrected according to the certificate and it shall be lawful for the Secretary of State, in accordance with the certificate, to proceed under this Act as if the deposited plans or book of reference had always been in the corrected form.</content></subsection><subsection eId="section-53-4"><num>(4)</num><content>A copy certificate deposited under subsection (3) above shall be kept with the documents to which it relates.</content></subsection><subsection eId="section-53-5"><num>(5)</num><content>A justice of the peace may act under this section in relation to land which is partly in one area and partly in another if he may act as respects land in either area.</content></subsection><subsection eId="section-53-6"><num>(6)</num><content>In this section, “<term refersTo="#term-book-of-reference" eId="term-book-of-reference">book of reference</term>” means the book deposited in connection with the Channel Tunnel Rail Link Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons in November 1994 together with the books so deposited in November and December 1995.</content></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-53-1"><num>(1)</num><content>If the deposited plans or the book of reference to those plans are inaccurate in their description of any land, or in their statement or description of the ownership or occupation of any land, the Secretary of State, after giving not less than 10 days’ notice to the owners and occupiers of the land in question, may apply to two justices having jurisdiction in the place where the land is situated for the correction of the plans or book of reference.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-53-2"><num>(2)</num><content>If on such an application it appears to the justices that the misstatement or wrong description arose from mistake or inadvertence, the justices shall certify accordingly and shall in their certificate state in what respect a matter is misstated or wrongly described.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-53-3"><num>(3)</num><content>The certificate shall be deposited in the office of the Clerk of the Parliaments and a copy of it in the Private Bill Office of the House of Commons and with the proper officer of each county council or London borough council in whose area the land to which the certificate relates is situated, and thereupon the deposited plans or book of reference shall be deemed to be corrected according to the certificate and it shall be lawful for the Secretary of State, in accordance with the certificate, to proceed under this Act as if the deposited plans or book of reference had always been in the corrected form.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-53-4"><num>(4)</num><content>A copy certificate deposited under subsection (3) above shall be kept with the documents to which it relates.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-53-5"><num>(5)</num><content>A justice of the peace may act under this section in relation to land which is partly in one area and partly in another if he may act as respects land in either area.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-53-6"><num>(6)</num><content>In this section, “<term refersTo="#term-book-of-reference" eId="term-book-of-reference">book of reference</term>” means the book deposited in connection with the Channel Tunnel Rail Link Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons in November 1994 together with the books so deposited in November and December 1995.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-54-1"><num>(1)</num><intro>Any document required or authorised to be served on any person under this Act may be served—</intro><level class="para1" eId="section-54-1-a"><num>(a)</num><content>by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address, or</content></level><level class="para1" eId="section-54-1-b"><num>(b)</num><content>if the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary of that body, or</content></level><level class="para1" eId="section-54-1-c"><num>(c)</num><content>if the person is a partnership, by serving it in accordance with paragraph (a) above on a partner or a person having control or management of the partnership business.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-54-4"><num>(4)</num><intro>Where a document is required or authorised to be served under this Act on a person in his capacity as the owner of an interest in, or occupier of, any land and his name or address cannot be ascertained after reasonable enquiry, the document may be served by addressing it to him by name or by the description of “<term refersTo="#term-owner" eId="term-owner">owner</term>” or “<term refersTo="#term-occupier" eId="term-occupier">occupier</term>”, as the case may be, of the land and—</intro><level class="para1" eId="section-54-4-a"><num>(a)</num><content>leaving it with a person who is, or appears to be, resident or employed on the land, or</content></level><level class="para1" eId="section-54-4-b"><num>(b)</num><content>leaving it conspicuously affixed to some building or object on or near the land.</content></level></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-55"><num>55</num><heading> Financial provision.</heading><content>There shall be paid out of money provided by Parliament any expenditure of the Secretary of State under this Act.</content></section>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="section-56"><num>56</num><heading> Interpretation.</heading><subsection eId="section-56-1"><num>(1)</num><intro>In this Act, except where the context otherwise requires—</intro><hcontainer name="definition"><content>“<term refersTo="#term-a2-and-m2-improvement-works" eId="term-a2-and-m2-improvement-works">A2 and M2 improvement works</term>” has the meaning given by section 44(1) above;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-bridleway" eId="term-bridleway">bridleway</term>”, “<term refersTo="#term-carriageway" eId="term-carriageway">carriageway</term>”, “<term refersTo="#term-cycle-track" eId="term-cycle-track">cycle track</term>”, “<term refersTo="#term-footpath" eId="term-footpath">footpath</term>”, “<term refersTo="#term-footway" eId="term-footway">footway</term>”, “<term refersTo="#term-highway" eId="term-highway">highway</term>”, “<term refersTo="#term-highway-authority" eId="term-highway-authority">highway authority</term>” and “<term refersTo="#term-local-highway-authority" eId="term-local-highway-authority">local highway authority</term>” have the same meanings as in the <noteRef href="#c1252067" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Highways Act 1980;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-burial-ground" eId="term-burial-ground">burial ground</term>” means a churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment;</content></hcontainer><hcontainer name="definition"><intro>“<term refersTo="#term-deposited-plans" eId="term-deposited-plans">deposited plans</term>” and “<term refersTo="#term-deposited-sections" eId="term-deposited-sections">deposited sections</term>” mean respectively the following plans and sections deposited in connection with the Channel Tunnel Rail Link Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons, namely—</intro><level class="para1"><num>(a)</num><content>the plans and sections shown on Sheets <abbr title="Numbers">Nos.</abbr> 1 to 6 and 9 to 24 of the plans and sections deposited in November 1995 in connection with the Barking Extended Tunnel,</content></level><level class="para1"><num>(b)</num><content>the plans and sections deposited in November 1995 otherwise than in connection with the Barking Extended Tunnel,</content></level><level class="para1"><num>(c)</num><content>the plans and sections deposited in December 1995, and</content></level><level class="para1"><num>(d)</num><content>the plans and sections deposited in November 1994, so far as not superseded by the plans and sections mentioned in paragraphs (a) to (c) above;</content></level></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-development-agreement" eId="term-development-agreement">development agreement</term>” means an agreement (including one entered into before the passing of this Act) to which the Secretary of State is a party and under which another party has responsibilities in relation to the design, construction, financing <ins class="substitution first last" ukl:ChangeId="key-5580b9f88fcbb9f7e7fb89d4a6f00945-1479071737159" ukl:CommentaryRef="key-5580b9f88fcbb9f7e7fb89d4a6f00945"><noteRef uk:name="commentary" href="#key-5580b9f88fcbb9f7e7fb89d4a6f00945" class="commentary"/>, maintenance or operation</ins> of the rail link;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-limits-of-deviation" eId="term-limits-of-deviation">limits of deviation</term>” means the limits of deviation which are shown on the deposited plans;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-limits-of-land-to-be-acquired-or-used" eId="term-limits-of-land-to-be-acquired-or-used">limits of land to be acquired or used</term>” means the limits of land to be acquired or used which are shown on the deposited plans;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-owner" eId="term-owner">owner</term>” has the same meaning as in the <noteRef href="#c1252068" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981;</content></hcontainer><hcontainer name="definition"><intro>“<term refersTo="#term-rail-link" eId="term-rail-link">rail link</term>” means—</intro><level class="para1"><num>(a)</num><content>the railway between <abbr title="Saint">St.</abbr> Pancras, in London, and the Channel Tunnel portal at Castle Hill, Folkestone, in Kent, authorised to be constructed by section 1(1) above, together with its associated works, facilities and installations, and</content></level><level class="para1"><num>(b)</num><content>the railway comprised in Works <abbr title="Numbers">Nos.</abbr> 11, 11A and 11B (which connects the railway mentioned in paragraph (a) above with the Chatham to Victoria Line), together with its associated works, facilities and installations;</content></level></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-rail-link-undertaker" eId="term-rail-link-undertaker">rail link undertaker</term>” means a person who, under section 34 above, is the nominated undertaker for any purpose of section 1(1) or 14(1) above, so far as relating to the rail link;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-scheduled-works" eId="term-scheduled-works">scheduled works</term>” has the meaning given by section 1(1) above; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-scheduled-works-agreement" eId="term-scheduled-works-agreement">scheduled works agreement</term>” means an agreement relating to the design, construction, financing, maintenance or operation of any of the scheduled works.</content></hcontainer></subsection><subsection eId="section-56-2"><num>(2)</num><content>References in this Act to the nominated undertaker shall be read in accordance with section 34 above.</content></subsection><subsection eId="section-56-3"><num>(3)</num><intro>In this Act—</intro><level class="para1" eId="section-56-3-a"><num>(a)</num><content>a reference to a highway or any other place identified by letters and numbers is a reference to the highway or place shown as such on the deposited plans,</content></level><level class="para1" eId="section-56-3-b"><num>(b)</num><content>a reference to a work identified by a number (or a number and a letter) is a reference to the scheduled work or, as the case may be, the A2 and M2 improvement work of that number (or number and letter),</content></level><level class="para1" eId="section-56-3-c"><num>(c)</num><content>references to specified distances shall be construed as if the words “or thereabouts” were inserted after each such distance, distances between points on a road or railway being measured along the centre line of the road or railway.</content></level></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" eId="section-56-1"><num>(1)</num><intro>In this Act, except where the context otherwise requires—</intro><hcontainer name="definition"><content>“<term refersTo="#term-a2-and-m2-improvement-works" eId="term-a2-and-m2-improvement-works">A2 and M2 improvement works</term>” has the meaning given by section 44(1) above;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-bridleway" eId="term-bridleway">bridleway</term>”, “<term refersTo="#term-carriageway" eId="term-carriageway">carriageway</term>”, “<term refersTo="#term-cycle-track" eId="term-cycle-track">cycle track</term>”, “<term refersTo="#term-footpath" eId="term-footpath">footpath</term>”, “<term refersTo="#term-footway" eId="term-footway">footway</term>”, “<term refersTo="#term-highway" eId="term-highway">highway</term>”, “<term refersTo="#term-highway-authority" eId="term-highway-authority">highway authority</term>” and “<term refersTo="#term-local-highway-authority" eId="term-local-highway-authority">local highway authority</term>” have the same meanings as in the <noteRef href="#c1252067" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Highways Act 1980;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-burial-ground" eId="term-burial-ground">burial ground</term>” means a churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment;</content></hcontainer><hcontainer name="definition"><intro>“<term refersTo="#term-deposited-plans" eId="term-deposited-plans">deposited plans</term>” and “<term refersTo="#term-deposited-sections" eId="term-deposited-sections">deposited sections</term>” mean respectively the following plans and sections deposited in connection with the Channel Tunnel Rail Link Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons, namely—</intro><level class="para1"><num>(a)</num><content>the plans and sections shown on Sheets <abbr title="Numbers">Nos.</abbr> 1 to 6 and 9 to 24 of the plans and sections deposited in November 1995 in connection with the Barking Extended Tunnel,</content></level><level class="para1"><num>(b)</num><content>the plans and sections deposited in November 1995 otherwise than in connection with the Barking Extended Tunnel,</content></level><level class="para1"><num>(c)</num><content>the plans and sections deposited in December 1995, and</content></level><level class="para1"><num>(d)</num><content>the plans and sections deposited in November 1994, so far as not superseded by the plans and sections mentioned in paragraphs (a) to (c) above;</content></level></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-development-agreement" eId="term-development-agreement">development agreement</term>” means an agreement (including one entered into before the passing of this Act) to which the Secretary of State is a party and under which another party has responsibilities in relation to the design, construction, financing <ins class="substitution first last" ukl:ChangeId="key-5580b9f88fcbb9f7e7fb89d4a6f00945-1479071737159" ukl:CommentaryRef="key-5580b9f88fcbb9f7e7fb89d4a6f00945"><noteRef uk:name="commentary" href="#key-5580b9f88fcbb9f7e7fb89d4a6f00945" class="commentary"/>, maintenance or operation</ins> of the rail link;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-limits-of-deviation" eId="term-limits-of-deviation">limits of deviation</term>” means the limits of deviation which are shown on the deposited plans;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-limits-of-land-to-be-acquired-or-used" eId="term-limits-of-land-to-be-acquired-or-used">limits of land to be acquired or used</term>” means the limits of land to be acquired or used which are shown on the deposited plans;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-owner" eId="term-owner">owner</term>” has the same meaning as in the <noteRef href="#c1252068" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981;</content></hcontainer><hcontainer name="definition"><intro>“<term refersTo="#term-rail-link" eId="term-rail-link">rail link</term>” means—</intro><level class="para1"><num>(a)</num><content>the railway between <abbr title="Saint">St.</abbr> Pancras, in London, and the Channel Tunnel portal at Castle Hill, Folkestone, in Kent, authorised to be constructed by section 1(1) above, together with its associated works, facilities and installations, and</content></level><level class="para1"><num>(b)</num><content>the railway comprised in Works <abbr title="Numbers">Nos.</abbr> 11, 11A and 11B (which connects the railway mentioned in paragraph (a) above with the Chatham to Victoria Line), together with its associated works, facilities and installations;</content></level></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-rail-link-undertaker" eId="term-rail-link-undertaker">rail link undertaker</term>” means a person who, under section 34 above, is the nominated undertaker for any purpose of section 1(1) or 14(1) above, so far as relating to the rail link;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-scheduled-works" eId="term-scheduled-works">scheduled works</term>” has the meaning given by section 1(1) above; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-scheduled-works-agreement" eId="term-scheduled-works-agreement">scheduled works agreement</term>” means an agreement relating to the design, construction, financing, maintenance or operation of any of the scheduled works.</content></hcontainer></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-56-2"><num>(2)</num><content>References in this Act to the nominated undertaker shall be read in accordance with section 34 above.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-56-3"><num>(3)</num><intro>In this Act—</intro><level class="para1" eId="section-56-3-a"><num>(a)</num><content>a reference to a highway or any other place identified by letters and numbers is a reference to the highway or place shown as such on the deposited plans,</content></level><level class="para1" eId="section-56-3-b"><num>(b)</num><content>a reference to a work identified by a number (or a number and a letter) is a reference to the scheduled work or, as the case may be, the A2 and M2 improvement work of that number (or number and letter),</content></level><level class="para1" eId="section-56-3-c"><num>(c)</num><content>references to specified distances shall be construed as if the words “or thereabouts” were inserted after each such distance, distances between points on a road or railway being measured along the centre line of the road or railway.</content></level></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-57"><num>57</num><heading> Short title.</heading><content>This Act may be cited as the Channel Tunnel Rail Link Act 1996.</content></section>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:default="http://www.w3.org/1999/xhtml" name="schedules" eId="schedules"><heading> SCHEDULES</heading><hcontainer name="schedule" eId="schedule-1"><num>SCHEDULE 1<authorialNote class="referenceNote">Section 1.</authorialNote></num><heading> Scheduled Works</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-1-crossheading-description-of-works"><heading> Description of works</heading><paragraph eId="schedule-1-paragraph-1" class="schProv1"><num>1</num><content>The works which the nominated undertaker is authorised by section 1 above to construct and maintain are the following—In the London Boroughs of Camden and Islington—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e3670"><heading><abbr title="Saint">St.</abbr> Pancras to Highbury Corner</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn1" class="schProv1"><num>Work No. 1—</num><content>Railways between <abbr title="Saint">St.</abbr> Pancras and Highbury Corner and related works comprising the following railways, including a station terminus at St Pancras for international and domestic services and the provision of facilities in connection therewith—</content></paragraph></hcontainer><hcontainer name="subheading" class="schGroup7" eId="d25e3684"><heading> International High Speed Railway</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn2" class="schProv1"><num>Work No. 1A—</num><content>A railway (741 metres in length) commencing in the intended <abbr title="Saint">St.</abbr> Pancras Station, passing north-westwards over the new road (Work <abbr title="Number">No.</abbr> 5D), then northwards over the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A) and terminating at a point 33 metres south of the southern abutment of the existing bridge over the Regent’s Canal, including bridges over Works <abbr title="Numbers">Nos.</abbr> 5A and 5D;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn3" class="schProv1"><num>Work No. 1AA—</num><content>A railway (2,189 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1A) at its termination, passing northwards over the Regent’s Canal and the railway (Work <abbr title="Number">No.</abbr> 2) in tunnel, then passing north-eastwards over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), the railways (Works <abbr title="Numbers">Nos.</abbr> 2AA and 2BB) in tunnel and the East Coast Main Line to a tunnel portal 65 metres to the east of that railway, then passing in tunnel over the Piccadilly Line then beneath Caledonian Road, Westbourne Road and Liverpool Road and terminating at Highbury Corner beneath the junction of that road with Highbury Place, including bridges over the Regent’s Canal, Work <abbr title="Number">No.</abbr> 5Q and the East Coast Main Line;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn4" class="schProv1"><num>Work No. 1B—</num><content>A railway (737 metres in length) commencing in the intended <abbr title="Saint">St.</abbr> Pancras Station, passing north-westwards over the new road (Work <abbr title="Number">No.</abbr> 5D), then northwards over the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A) and terminating at a point 30 metres south of the southern abutment of the existing bridge over the Regent’s Canal, including bridges over Works <abbr title="Numbers">Nos.</abbr> 5A and 5D;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn5" class="schProv1"><num>Work No. 1BB—</num><content>A railway (2,182 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1B) at its termination, passing northwards over the Regent’s Canal and the railway (Work <abbr title="Number">No.</abbr> 2) in tunnel, then passing north-eastwards in tunnel beneath the railway (Work <abbr title="Number">No.</abbr> 1CC) for a distance of 150 metres, then over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), the railways (Works <abbr title="Numbers">Nos.</abbr> 2AA and 2BB) in tunnel and the East Coast Main Line to a tunnel portal 65 metres to the east of that railway, then passing in tunnel over the Piccadilly Line then beneath Caledonian Road, Westbourne Road and Liverpool Road and terminating at Highbury Corner beneath the junction of that road with Highbury Place, including bridges over the Regent’s Canal, Work <abbr title="Number">No.</abbr> 5Q and the East Coast Main Line;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e3769"><heading> Domestic Railway</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn6" class="schProv1"><num>Work No. 1C—</num><content>A railway (533 metres in length) commencing in the intended <abbr title="Saint">St.</abbr> Pancras Station at a point 15 metres north-west of the existing junction of Clarence Passage with Pancras Road, passing north-westwards on the eastern side of the existing Midland Main Line, over the new road (Work <abbr title="Number">No.</abbr> 5D) and the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A), and terminating at a point 25 metres south of the southern abutment of the existing bridge over the Regent’s Canal, including bridges over Works <abbr title="Numbers">Nos.</abbr> 5A and 5D;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn7" class="schProv1"><num>Work No. 1CC—</num><content>A railway (650 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1C) at its termination, passing northwards over the Regent’s Canal, then passing north-eastwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 1BB and 1DD) in tunnel, then over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q) and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 1AA) at a point 100 metres north-east of the existing York Way bridge, including bridges over the Regent’s Canal and Work <abbr title="Number">No.</abbr> 5Q;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn8" class="schProv1"><num>Work No. 1D—</num><content>A railway (534 metres in length) commencing in the intended <abbr title="Saint">St.</abbr> Pancras Station at a point 15 metres north-west of the existing junction of Clarence Passage with Pancras Road, passing north-westwards on the eastern side of the existing Midland Main Line, over the new road (Work <abbr title="Number">No.</abbr> 5D) and the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A), and terminating at a point 30 metres south of the southern abutment of the existing bridge over the Regent’s Canal, including bridges over Works <abbr title="Numbers">Nos.</abbr> 5A and 5D;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn9" class="schProv1"><num>Work No. 1DD—</num><content>A railway (680 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1D) at its termination, passing northwards over the railway (Work <abbr title="Number">No.</abbr> 2) in tunnel and the Regent’s Canal, then passing north-eastwards in tunnel beneath the railway (Work <abbr title="Number">No.</abbr> 1CC) for a distance of 150 metres, then over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q) and the railways (Works <abbr title="Numbers">Nos.</abbr> 2AA and 2BB) in tunnel, and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 1BB) at a point 125 metres north-east of the existing York Way bridge, including bridges over the Regent’s Canal and Work <abbr title="Number">No.</abbr> 5Q;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn10" class="schProv1"><num>Work No. 1EE—</num><content>A railway (767 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1AA) at a point on the existing bridge over the Regent’s Canal, passing northwards over the Midland City Line (Thameslink) in tunnel, then north-westwards and westwards, then on viaduct over the Midland City Line (Thameslink), the diverted Midland Main Line (Work <abbr title="Number">No.</abbr> 3B) and the railways (Works <abbr title="Numbers">Nos.</abbr> 1HH and 3C) and terminating by a junction with the North London Line at a point 15 metres east of the bridge carrying that railway over St Pancras Way, including the said viaduct;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn11" class="schProv1"><num>Work No. 1FF—</num><content>A railway (394 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1EE) at a point 95 metres north of the northern abutment of the existing bridge over the Regent’s Canal, passing northwards and north-eastwards under the railway (Work <abbr title="Number">No.</abbr> 1GG) and terminating by a junction with the realigned North London Incline Railway (Work <abbr title="Number">No.</abbr> 1JJ) at a point 30 metres west of the bridge carrying York Way over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn12" class="schProv1"><num>Work No. 1GG—</num><content>A railway (696 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1EE) at a point 40 metres east of the bridge carrying the North London Line over <abbr title="Saint">St.</abbr> Pancras Way, passing eastwards on viaduct over the diverted Midland Main Line (Work <abbr title="Number">No.</abbr> 3B), the railways (Works <abbr title="Numbers">Nos.</abbr> 1HH and 3C) and the Midland City Line (Thameslink), then continuing on viaduct, passing south-eastwards over the new road (Work <abbr title="Number">No.</abbr> 5EE) and the railway (Work <abbr title="Number">No.</abbr> 1FF) and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 1AA) at a point 40 metres west of the bridge carrying York Way over the North London Incline Railway, including the said viaduct;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn13" class="schProv1"><num>Work No. 1HH—</num><content>A railway (610 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1EE) at a point 55 metres north of the northern abutment of the existing bridge over the Regent’s Canal, passing northwards over the Midland City Line (Thameslink) in tunnel, then under the railways (Works <abbr title="Numbers">Nos.</abbr> 1EE, 1GG and 1JJ) and the existing bridge carrying the North London Line over the Midland Main Line and terminating by a junction with that railway at a point beneath the southern parapet of the bridge carrying Agar Grove over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn14" class="schProv1"><num>Work No. 1JJ—</num><content>A railway (955 metres in length), forming a realignment of the North London Incline Railway, commencing by a junction with the North London Line at a point 130 metres east of the bridge carrying that railway over <abbr title="Saint">St.</abbr> Pancras Way, passing eastwards then south-eastwards, then on viaduct over the diverted Midland Main Line (Work <abbr title="Number">No.</abbr> 3B), the railways (Works <abbr title="Numbers">Nos.</abbr> 1HH and 3C), the Midland City Line (Thameslink) and the new road (Work <abbr title="Number">No.</abbr> 5EE), then over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), then passing northwards under the North London Line on viaduct and terminating by a junction with the Great Northern Suburban Line at the southern portal of the western bore of the Copenhagen Tunnel, including the said viaduct and a bridge over Work <abbr title="Number">No.</abbr> 5Q;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn15" class="schProv1"><num>Work No. 1K—</num><content>A railway (103 metres in length), forming a cross-over between the diverted Midland Main Line (Work <abbr title="Number">No.</abbr> 3B) and the railway (Work <abbr title="Number">No.</abbr> 1A), commencing by a junction with Work <abbr title="Number">No.</abbr> 3B at its commencement and terminating by a junction with Work <abbr title="Number">No.</abbr> 1A at its termination;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e3971"><heading> Thameslink, <abbr title="Saint">St.</abbr> Pancras and King’s Cross</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn16" class="schProv1"><num>Work No. 2—</num><content>A railway (876 metres in length), including a station tunnel on the Midland City Line (Thameslink) beneath <abbr title="Saint">St.</abbr> Pancras Station, commencing by a junction with that railway in tunnel at a point beneath Midland Road 145 metres north-east of the existing junction of that road with Euston Road, passing in tunnel north-westwards and northwards beneath the Regent’s Canal and terminating by a junction with that railway in tunnel at a point beneath the existing Midland Main Line 55 metres north of the northern abutment of the bridge carrying that last-mentioned railway over that canal;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn17" class="schProv1"><num>Work No. 2A—</num><content>A railway (325 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 2) in tunnel at a point beneath the existing Midland Main Line 250 metres south of the southern abutment of the bridge carrying that railway over Camley Street, passing in tunnel northwards on the western side of Work <abbr title="Number">No.</abbr> 2 beneath the railways (Works <abbr title="Numbers">Nos.</abbr> 1A and 1B) and the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A) and terminating in tunnel at a point beneath the railway (Work <abbr title="Number">No.</abbr> 1D) 90 metres south of the southern abutment of the existing bridge over the Regent’s Canal;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn18" class="schProv1"><num>Work No. 2AA—</num><content>A railway (883 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 2A) at its termination, passing in tunnel north-eastwards beneath the railways (Works <abbr title="Numbers">Nos.</abbr> 1C and 2), <abbr title="Saint">St.</abbr> Pancras Basin, the Regent’s Canal and the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), then passing north-eastwards and northwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 1AA, 1BB and 1DD) to a tunnel portal at a point 40 metres south of the southern side of the viaduct carrying the North London Line over the East Coast Main Line, then continuing under the North London Line on viaduct and terminating by a junction with the Great Northern Suburban Line at the southern portal of the western bore of the Copenhagen Tunnel on that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn19" class="schProv1"><num>Work No. 2B—</num><content>A railway (255 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 2) in tunnel at the said point beneath the existing Midland Main Line 250 metres south of the southern abutment of the bridge carrying that railway over Camley Street, passing in tunnel northwards on the eastern side of Work <abbr title="Number">No.</abbr> 2 beneath the railways (Works <abbr title="Numbers">Nos.</abbr> 1A, 1B, 1C and 1D) and terminating in tunnel at a point beneath the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A) 150 metres south-east of the southern abutment of the existing bridge over the Regent’s Canal;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn20" class="schProv1"><num>Work No. 2BB—</num><content>A railway (928 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 2B) at its termination, passing in tunnel north-eastwards beneath <abbr title="Saint">St.</abbr> Pancras Basin, the Regent’s Canal and the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), then passing north-eastwards and northwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 1AA, 1BB and 1DD) to a tunnel portal at a point 35 metres south of the southern side of the viaduct carrying the North London Line over the East Coast Main Line, then continuing under the North London Line on viaduct and terminating by a junction with the Great Northern Suburban Line at the said southern portal of the western bore of the Copenhagen Tunnel on that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn21" class="schProv1"><num>Work No. 2C—</num><content>A railway (80 metres in length), forming a cross-over between the northbound and southbound rails of the Great Northern Suburban Line in tunnel within the western bore of the Copenhagen Tunnel, commencing and terminating by junctions with that railway at points respectively 50 metres and 130 metres north of the southern portal of that tunnel;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn22" class="schProv1"><num>Work No. 2D—</num><content>A railway (240 metres in length), forming cross-overs between the northbound and southbound rails of the City Widened Lines (Thameslink) partly within the Clerkenwell <abbr title="Number">No.</abbr> 3 Tunnel, commencing by a junction with that railway in tunnel beneath the junction of Frederick Street with the Kings Cross Road, passing north-westwards beneath Acton Street, Swinton Street, Wicklow Street and Britannia Street and terminating by a junction with that railway at a point 10 metres south-east of the bridge carrying Leeke Street over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn23" class="schProv1"><num>Work No. 2E—</num><content>A railway (349 metres in length), forming a cross-over between the Midland City Line (Thameslink) and the Midland Main Line at Kentish Town, commencing by a junction with that first named railway at a point 20 metres south-east of the south-eastern side of the bridge carrying Islip Street over that railway, passing south-eastwards and terminating by a junction with that last named railway at a point 85 metres north-west of the north-western portal of the Camden Road Tunnel;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e4086"><heading> Midland Main Line</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn24" class="schProv1"><num>Work No. 3—</num><content>A railway (645 metres in length), forming a diversion of the Midland Main Line at <abbr title="Saint">St.</abbr> Pancras Station, commencing at its terminus in that station, passing north-westwards on the western side of the existing railway, including a western extension of the station over Midland Road and Pancras Road, then northwards over the new road (Work <abbr title="Number">No.</abbr> 5D) and the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A) and terminating at a point on the northern side of Work <abbr title="Number">No.</abbr> 5A 140 metres south of the existing bridge over the Regent’s Canal, including bridges over Works <abbr title="Numbers">Nos.</abbr> 5A and 5D;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn25" class="schProv1"><num>Work No. 3B—</num><content>A railway (846 metres in length), forming a continuation of the diversion of the Midland Main Line at <abbr title="Saint">St.</abbr> Pancras Station, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 3) at its termination, passing northwards over the Regent’s Canal, under the railways (Works <abbr title="Numbers">Nos.</abbr> 1EE, 1GG and 1JJ) on viaduct and the existing bridge carrying the North London Line over the Midland Main Line and terminating by a junction with that railway beneath a point 30 metres north of the southern parapet of the bridge carrying Agar Grove over that railway, including a bridge over the Regent’s Canal;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn26" class="schProv1"><num>Work No. 3C—</num><content>A railway (876 metres in length), forming a siding on the western side of the diverted Midland Main Line (Works <abbr title="Numbers">Nos.</abbr> 3 and 3B) north of <abbr title="Saint">St.</abbr> Pancras Station, commencing at a point 60 metres south of the bridge carrying that railway over the realigned Camley Street (Work <abbr title="Number">No.</abbr> 5A), passing northwards over Work <abbr title="Number">No.</abbr> 5A and the Regent’s Canal, under the railways (Works <abbr title="Numbers">Nos.</abbr> 1EE, 1GG and 1JJ) on viaduct and the existing bridge carrying the North London Line over the Midland Main Line and terminating by a junction with that railway beneath a point 15 metres south of the said southern parapet of the bridge carrying Agar Grove over that railway, including bridges over Work <abbr title="Number">No.</abbr> 5A and the Regent’s Canal;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn27" class="schProv1"><num>Work No. 3D—</num><content>A railway (71 metres in length), forming a cross-over between the northbound and southbound rails of the Midland Main Line, commencing by a junction with that railway at the northern portal of the Camden Road Tunnel on that railway, passing northwards and terminating by a junction with that railway at a point 70 metres north of its commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn28" class="schProv1"><num>Work No. 3E—</num><content>A railway (829 metres in length), for construction purposes, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 1HH) at a point 110 metres south-east of the southern side of the bridge carrying the North London Line over the Midland Main Line, passing south-eastwards, then eastwards and north-eastwards under the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), then passing northwards and terminating by a junction with the Great Northern Suburban Line at a point 65 metres south of the southern side of the viaduct carrying the North London Line over that railway;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e4168"><heading> London Underground: ticket halls and subways</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn29" class="schProv1"><num>Work No. 4—</num><content>Ticket halls and subways, including alteration of existing ticket halls and subways, of the London Underground Railways comprising—</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn30" class="schProv1"><num>Work No. 4A—</num><content>A passenger subway commencing on the eastern side of the intended <abbr title="Saint">St.</abbr> Pancras Station beneath a point 22 metres north of the existing junction of Clarence Passage with Pancras Road, passing south-eastwards to a ticket hall beneath the northern side of the forecourt of the Great Northern Hotel and terminating by a junction with the passenger subways (Works <abbr title="Numbers">Nos.</abbr> 4AA and 4F) beneath a point 26 metres north of the north-eastern corner of the Great Northern Hotel, including the said ticket hall;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn31" class="schProv1"><num>Work No. 4AA—</num><content>A passenger subway commencing by a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4A) at its termination and the passenger subway (Work <abbr title="Number">No.</abbr> 4F) at its commencement, passing eastwards to junctions with the passenger subway (Work <abbr title="Number">No.</abbr> 4MM) then continuing south-eastwards to a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4D), continuing eastwards and terminating by a junction with the existing passenger subway beneath a point 14 metres west of the junction of Caledonian Road with Pentonville Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn32" class="schProv1"><num>Work No. 4B—</num><content>A ticket hall in the German Gym off Pancras Road and a passenger subway commencing on the south-western side of that building at a point 40 metres west of the existing junction of Wellers Court with Cheney Road, passing south-eastwards, then south-westwards and terminating by a junction with the subway (Work <abbr title="Number">No.</abbr> 4A) beneath a point 23 metres east of the junction of Wellers Court with Pancras Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn33" class="schProv1"><num>Work No. 4C—</num><content>A passenger subway, forming a cross-passage between northbound and southbound station tunnels of the Victoria Line, commencing beneath a point 29 metres north-west of the junction of Caledonian Road with Pentonville Road; and terminating beneath a point 45 metres north-west of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn34" class="schProv1"><num>Work No. 4D—</num><content>A passenger subway, including a lift shaft, commencing by a junction with the cross-passage (Work <abbr title="Number">No.</abbr> 4C) beneath a point 35 metres north-west of the junction of Caledonian Road with Pentonville Road, passing south-westwards to a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4A) at its termination and terminating by a junction with the cross-passage (Work <abbr title="Number">No.</abbr> 4E) beneath a point 55 metres west of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn35" class="schProv1"><num>Work No. 4E—</num><content>A passenger subway, forming a cross-passage between northbound and southbound station tunnels of the Victoria Line, commencing and terminating beneath points 95 metres and 80 metres respectively south-east of the junction of Caledonia Street with York Way;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn36" class="schProv1"><num>Work No. 4F—</num><content>A passenger subway commencing by a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4A) at its termination and the passenger subway (Work <abbr title="Number">No.</abbr> 4AA) at its commencement beneath a point 26 metres north of the north-eastern corner of the Great Northern Hotel, passing south-westwards and terminating by a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4G) beneath a point in Pancras Road 40 metres south-west of the south-western corner of that building;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn37" class="schProv1"><num>Work No. 4G—</num><content>A passenger subway, including a lift shaft, commencing by a junction with the cross-passage (Work <abbr title="Number">No.</abbr> 4Q), passing eastwards to junctions with the cross-passage (Work <abbr title="Number">No.</abbr> 4R) and with the passenger subway (Work <abbr title="Number">No.</abbr> 4F) at its termination, and terminating by a junction with the existing cross-passage between northbound and southbound station tunnels of the Northern Line beneath a point 60 metres north-east of the existing junction of Pancras Road with Euston Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn38" class="schProv1"><num>Work No. 4H—</num><content>A passenger subway commencing in the ticket hall (part of Work <abbr title="Number">No.</abbr> 4A) beneath a point 48 metres north of the north-eastern corner of the Great Northern Hotel, passing south-eastwards and terminating by a junction with the existing passenger subway beneath a point 40 metres south-east of that corner of that building;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn39" class="schProv1"><num>Work No. 4J—</num><content>A passenger subway commencing in the existing ticket hall beneath the station concourse of King’s Cross Station beneath a point 40 metres north of the junction of Pancras Road with Euston Road and terminating in <abbr title="Saint">St.</abbr> Pancras Station beneath a point 60 metres north-west of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn40" class="schProv1"><num>Work No. 4K—</num><content>A ticket hall beneath the forecourt of <abbr title="Saint">St.</abbr> Pancras Station off Euston Road and a passenger subway commencing in that ticket hall beneath a point 100 metres west of the junction of Pancras Road with Euston Road, passing south-eastwards then north-eastwards and terminating by a junction with the Circle and Metropolitan Line Station concourse beneath a point 95 metres south-west of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn41" class="schProv1"><num>Work No. 4L—</num><content>A passenger subway commencing in <abbr title="Saint">St.</abbr> Pancras Station at a point 75 metres west of the junction of Pancras Road with Euston Road, passing south-eastwards beneath Euston Road and terminating in the footway on the southern side of Euston Road at a point 75 metres south-west of that road junction, including a junction with the new ticket hall (part of Work <abbr title="Number">No.</abbr> 4K) and a permanent opening in Euston Road at that termination;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn42" class="schProv1"><num>Work No. 4MM—</num><content>A passenger subway, including a lift shaft, commencing by a junction with the existing Piccadilly Line Station concourse beneath a point 56 metres north-west of the junction of York Way with Euston Road, passing northwards to junctions with the passenger subway (Work <abbr title="Number">No.</abbr> 4AA) and the cross passage (Work <abbr title="Number">No.</abbr> 4N) then continuing south-eastwards and terminating by a junction with the passenger subway (Work <abbr title="Number">No.</abbr> 4AA) beneath a point 45 metres north-east of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn43" class="schProv1"><num>Work No. 4N—</num><content>A passenger subway, forming a cross-passage between westbound and eastbound station tunnels of the Piccadilly Line, commencing beneath a point 35 metres west of the junction of Caledonia Street with York Way and terminating beneath a point 46 metres west of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn44" class="schProv1"><num>Work No. 4P—</num><content>A passenger subway, including a lift shaft, commencing in the ticket hall (part of Work <abbr title="Number">No.</abbr> 4A) beneath a point 17 metres east of the north-eastern corner of the Great Northern Hotel, passing south-eastwards, then south-westwards and south-eastwards and terminating beneath that building at a point 11 metres north-west of the south-eastern corner of that hotel;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn45" class="schProv1"><num>Work No. 4Q—</num><content>A passenger subway, forming a cross-passage between southbound and northbound station tunnels of the Northern Line, commencing beneath a point 70 metres south of the existing junction of Cheney Road with Pancras Road and terminating beneath a point 82 metres south of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn46" class="schProv1"><num>Work No. 4R—</num><content>A passenger subway, forming a cross-passage between southbound and northbound station tunnels of the Northern Line, commencing beneath a point 72 metres south of the existing junction of Cheney Road with Pancras Road and terminating beneath a point 84 metres south of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn47" class="schProv1"><num>Work No. 4S—</num><content>A passenger subway, including a lift shaft, commencing in the existing passenger subway beneath a point 33 metres north of the junction of Belgrove Street with Euston Road and terminating at the Circle and Metropolitan Line Station concourse beneath a point 20 metres north of that road junction;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e4362"><heading> Associated Works</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn48" class="schProv1"><num>Work No. 5—</num><content>Roadworks and sewer diversions associated with Works <abbr title="Numbers">Nos.</abbr> 1 to 4 comprising—</content></paragraph></hcontainer><hcontainer name="subheading" class="schGroup7" eId="d25e4374"><heading> Roadworks</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn49" class="schProv1"><num>Work No. 5A—</num><content>Realignment of Camley Street commencing at a point in that road 50 metres south of its junction with Granary Street, passing south-eastwards then eastwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 1A to 1D and 3), then south-eastwards and terminating by a junction with Camley Street (Work <abbr title="Number">No.</abbr> 5C) at a point on the western side of that road 44 metres north-west of its existing junction with Goods Way;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn50" class="schProv1"><num>Work No. 5B—</num><content>A road commencing in Pancras Road at a point 20 metres south-east of the entrance from that road to <abbr title="Saint">St.</abbr> Pancras Old Church, passing south-eastwards then southwards to a junction with Brill Place and terminating in Midland Road at its existing junction with Euston Road, including access to a service area in <abbr title="Saint">St.</abbr> Pancras Station;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn51" class="schProv1"><num>Work No. 5C—</num><content>A road commencing by a junction with Camley Street (Work <abbr title="Number">No.</abbr> 5A) at a point 45 metres north-west of its existing junction with Goods Way, passing south-eastwards to a point 5 metres east of the existing junction of Wellers Court with Cheney Road, then south-westwards to a point 55 metres south of the existing junction of Wellers Court with Pancras Road, then passing south-eastwards along the line of that road and terminating in that road at its existing junction with Euston Road, including access to a service area in <abbr title="Saint">St.</abbr> Pancras Station and a parcels depot;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn52" class="schProv1"><num>Work No. 5D—</num><content>A road commencing by a junction with Work <abbr title="Number">No.</abbr> 5B at a point 175 metres south-east of its commencement, passing north-eastwards beneath the intended <abbr title="Saint">St.</abbr> Pancras Station (Works <abbr title="Numbers">Nos.</abbr> 1A to 1D and 3), across Work <abbr title="Number">No.</abbr> 5C at a point 7 metres south of its commencement and terminating by a junction with Goods Way at a point 155 metres from the junction of that road with York Way;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn53" class="schProv1"><num>Work No. 5D(1)—</num><content>A road, for construction purposes, commencing at a point 43 metres north-west of Battle Bridge Road at its termination west of Kings Cross Station, passing northwards, then north-westwards over Goods Way (Work <abbr title="Number">No.</abbr> 5D) at the termination of that work and over the Regent’s Canal, then south-westwards and terminating by a junction with Wharf Road at a point 45 metres west of the existing bridge between Wharf Road and Goods Way, including bridges over Goods Way and the Regent’s Canal;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn54" class="schProv1"><num>Work No. 5D(2)—</num><content>Widening of Wharf Road on its northern side between a point 50 metres west of the western side of the existing bridge over the Regent’s Canal between Wharf Road and Goods Way and a point 15 metres east of the eastern side of that bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn55" class="schProv1"><num>Work No. 5EE—</num><content>A road commencing by a junction with the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q) at a point 70 metres south of the bridge carrying the North London Line over that road, passing westwards then south-westwards and southwards under the realigned North London Incline Railway (Work <abbr title="Number">No.</abbr> 1JJ) and the railway (Work <abbr title="Number">No.</abbr> 1GG) and terminating at a point 150 metres south-east of the existing bridge carrying the North London Line over the Midland Main Line;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn56" class="schProv1"><num>Work No. 5F—</num><content>A road commencing by a junction with Pancras Road (Work <abbr title="Number">No.</abbr> 5C) at a point 75 metres from its termination, passing north-eastwards, then northwards and north-westwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 5C at the south-eastern corner of the German Gym in Cheney Road as existing, including access to a parcels depot;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn57" class="schProv1"><num>Work No. 5F(1) —</num><content>A road commencing by a junction with Work <abbr title="Number">No.</abbr> 5F at a point 65 metres from the commencement of that work, passing westwards and north-westwards along the frontage of the Great Northern Hotel, then continuing northwards and north-eastwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 5F at a point 75 metres from the termination of that work;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn58" class="schProv1"><num>Work No. 5G—</num><content>Widening of Euston Road on its southern side between its junctions with Crestfield Street and Birkenhead Street;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn59" class="schProv1"><num>Work No. 5H—</num><content>Widening of Euston Road on its northern side between its junction with Euston Square and a point 45 metres north-east of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn60" class="schProv1"><num>Work No. 5Q—</num><content>A road, forming a diversion of York Way, commencing at a point in that road 80 metres north of the junction of Copenhagen Street with York Way, passing northwards then north-westwards over the railway (Work <abbr title="Number">No.</abbr> 3E) and the railways (Works <abbr title="Numbers">Nos.</abbr> 2AA and 2BB) in tunnel, then northwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 1AA, 1BB, 1CC, 1DD and 1JJ) to a junction with the new road (Work <abbr title="Number">No.</abbr> 5EE), then continuing northwards under the North London Line and terminating at a point in York Way 10 metres north-west of the junction of Vale Royal with York Way;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn61" class="schProv1"><num>Work No. 5Q(1)—</num><content>A road, forming a diversion of Randell’s Road, commencing by a junction with the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q) at a point 20 metres west of the existing junction of Randell’s Road with York Way, passing eastwards and terminating at a point in Randell’s Road 55 metres east of that existing road junction;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e4525"><heading> Sewer diversions</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn62" class="schProv1"><num>Work No. 5J—</num><content>A sewer, forming a diversion of part of the Fleet Sewer, commencing by a junction with that sewer beneath a point in Pancras Road 35 metres south-east of the junction of Chenies Place with that street, passing along the line of Work <abbr title="Number">No.</abbr> 5B to its junction with Brill Place, then passing eastwards beneath the intended <abbr title="Saint">St.</abbr> Pancras Station, then southwards on the eastern side of that station and terminating beneath a point in Pancras Road 5 metres north of the existing junction of Wellers Court with that road, including a weir chamber at its junction with the Fleet Storm Relief Sewer;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn63" class="schProv1"><num>Work No. 5K—</num><content>A sewer, forming a diversion of the Midland Road sewer, commencing by a junction with that sewer beneath a point in Midland Road 140 metres north of its existing junction with Euston Road, passing north-westwards then northwards beneath land adjoining Midland Road and terminating by a junction with Work <abbr title="Number">No.</abbr> 5J beneath a point on the north-western side of Brill Place at its existing junction with Midland Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn64" class="schProv1"><num>Work No. 5LL—</num><content>A sewer, forming a diversion of part of the Camden Sewer, commencing by a junction with that sewer beneath a point 10 metres north of the bridge carrying the North London Line over the diverted York Way (Work <abbr title="Number">No.</abbr> 5Q), passing southwards, south-eastwards, then southwards and south-westwards and terminating by a junction with that sewer beneath a point 110 metres west of the Maiden Lane Bridge carrying York Way over the Regent’s Canal;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn65" class="schProv1"><num>Work No. 5N—</num><content>A sewer, forming a diversion of the Camley Street Sewer, commencing by a junction with that sewer beneath a point in that street (Work <abbr title="Number">No.</abbr> 5A) 93 metres from the termination of that work, passing southwards along the line of that work and Work <abbr title="Number">No.</abbr> 5C to a point 15 metres south of Battle Bridge Road, then passing south-eastwards and terminating by a junction with the sewer (Work <abbr title="Number">No.</abbr> 5J) at a point on the northern side of Stanley Passage 35 metres north-east of its existing junction with Pancras Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn66" class="schProv1"><num>Work No. 5P—</num><content>A sewer, forming a diversion of the Goods Way Sewer, commencing by a junction with the sewer (Work <abbr title="Number">No.</abbr> 5N) at a point 105 metres south of the commencement of that work, passing eastwards on the line of the new road (Work <abbr title="Number">No.</abbr> 5D) and terminating by a junction with the Goods Way sewer beneath a point in Goods Way 180 metres west of its junction with York Way;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn67" class="schProv1"><num>Work No. 5R—</num><content>A sewer, forming a diversion of part of the <abbr title="Saint">St.</abbr> Pancras Sewer, commencing by a junction with that sewer beneath a point 38 metres north-west of the junction of Pancras Road with Euston Road, passing northwards, then westwards, north-westwards, then north-eastwards and terminating by a junction with the Fleet Sewer beneath a point 10 metres south-west of the south-eastern gable of the Great Northern Hotel;In the London Boroughs of Islington, Hackney, Newham and Waltham Forest—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e4598"><heading> Highbury Corner to Stratford</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn68" class="schProv1"><num>Work No. 6—</num><content>A railway (7,229 metres in length) commencing by a junction with the railways (Works <abbr title="Numbers">Nos.</abbr> 1AA and 1BB) at their termination, passing eastwards in tunnel beneath the North London Line, or land adjoining on the northern or southern side thereof, beneath Highbury Corner, Highbury Grove, Wallace Road, Mildmay Park, King Henry’s Walk, Kingsland High Street, Dalston Lane, the Liverpool Street and Cambridge Railway, Mare Street, Barnabas Road, Kenworthy Road, the East Cross Route on the northern side of the North London Line, Eastway, the River Lea Navigation, Waterden Road and the River Lea, including ventilation shafts on lands off Corsica Street and Graham Road, then in retained cutting from chainage 6,147 metres for a distance of 1,067 metres, partly in tunnel beneath the railways (Works <abbr title="Numbers">Nos.</abbr> 6B and 6C) and the access roads (Works <abbr title="Numbers">Nos.</abbr> 6H and 6J), in land west of the High Meads Loop Railway, in the International Freight Terminal and the site of the former Chobham Farm Container Depot at Stratford, and terminating beneath a point on the western side of Angel Lane 60 metres north of the northern abutment of the bridge carrying that road over the Great Eastern Railway, including facilities for a railway crossover and junction at the International Freight Terminal and Depot at Stratford;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn69" class="schProv1"><num>Work No. 6A—</num><content>A railway (1,368 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 6) at the commencement of the retained cutting forming part of that work, passing eastwards between the eastbound and westbound lines of that railway to a point 210 metres west of the eastern face of the tunnel beneath the railway (Work <abbr title="Number">No.</abbr> 6C), then passing north-eastwards over the eastbound line of Work <abbr title="Number">No.</abbr> 6 and northwards in tunnel beneath the Old Yard Sidings (Work <abbr title="Number">No.</abbr> 6C) and the Lea Valley Line, then continuing north-westwards on the eastern side of that railway and terminating at a point under the bridge carrying Temple Mill Lane over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn70" class="schProv1"><num>Work No. 6B—</num><content>A railway (426 metres in length), for construction purposes, commencing by a junction with the North London Line at a point 10 metres north-west of the junction of that railway with the Channelsea Curve at Stratford Station, passing northwards, on the eastern side of the High Meads Curve, then north-eastwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 6 and 6A) in tunnel and terminating by a junction with the High Meads Sidings at a point 30 metres north-east of the termination of the said tunnel over Works <abbr title="Numbers">Nos.</abbr> 6 and 6A;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn71" class="schProv1"><num>Work No. 6C—</num><content>A railway (836 metres in length) for construction purposes, commencing by a junction with the Lea Valley Line at a point 120 metres north-east of the junction of that railway with the Great Eastern Railway at Stratford Station, passing northwards and north-eastwards through the Old Yard Sidings and terminating by a junction with the Lea Valley Line at a point 130 metres south of the bridge carrying Temple Mill Lane over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn72" class="schProv1"><num>Work No. 6D—</num><content>A railway (1,032 metres in length) commencing in the existing Traction Maintenance Depot at a point 25 metres south-west of the south-western corner of the diesel repair shed in that depot, passing north-eastwards and northwards, then north-westwards on the western side of the Lea Valley Line to a junction with that railway 60 metres south of the bridge carrying Temple Mill Lane over that railway, passing under that bridge, then continuing on the eastern side of the Lea Valley Line and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 6E) at a point 390 metres north of that bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn73" class="schProv1"><num>Work No. 6E—</num><content>A railway (2,720 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 6A) at its termination, passing north-westwards and westwards through the former Temple Mills Marshalling Yard under Ruckholt Road and terminating at a point on the northern side of the Lea Valley Line 15 metres south-east of the eastern side of the bridge carrying Lea Bridge Road over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn74" class="schProv1"><num>Work No. 6E(1)—</num><content>A railway (410 metres in length), for construction purposes, commencing by a junction with the Lea Valley Line at a point 345 metres south-east of the bridge carrying Lea Bridge Road over that railway, passing eastwards and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 6E) at chainage 1,922 metres;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn75" class="schProv1"><num>Work No. 6F—</num><content>A railway (509 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 6E) at a point 30 metres south-east of the bridge carrying Ruckholt Road over the Lea Valley Line, passing westwards under that bridge then south-westwards and terminating by a junction with that railway at a point 459 metres north-west of that bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn76" class="schProv1"><num>Work No. 6G—</num><content>A cut, forming a diversion of the Channelsea River at its confluence with the River Lea, commencing in the Channelsea River at a point 26 metres south of the former sluice on that river at Bully Fen, passing south-westwards and terminating at the confluence of those rivers;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn77" class="schProv1"><num>Work No. 6H—</num><content>An access road commencing by a junction with the access road to the International Freight Terminal on the eastern side of the Container Terminal, passing south-westwards, over Works <abbr title="Numbers">Nos.</abbr> 6 and 6A in tunnel, and southwards through the International Freight Terminal, then south-eastwards, eastwards and north-eastwards on the northern side of the North London Line, then continuing northwards, then eastwards and terminating by a junction with the access road to the Channelsea site, north of Stratford Station;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn78" class="schProv1"><num>Work No. 6J—</num><content>An access road commencing at a point in the existing Traction Maintenance Depot on the western side of the diesel repair shed in that depot, passing south-westwards, then westwards on the northern side of the retained cutting forming part of Work <abbr title="Number">No.</abbr> 6, then south-westwards over that railway and Work <abbr title="Number">No.</abbr> 6A in tunnel, then southwards and south-westwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 6H in the International Freight Terminal;In the London Boroughs of Newham, Redbridge, Barking and Dagenham and Havering—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e4722"><heading> Stratford to Barrington Road</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn79" class="schProv1"><num>Work No. 7—</num><content>A railway (4,560 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 6) at its termination, passing eastwards in tunnel beneath Angel Lane, The Grove, Atherton Road, Woodgrange Road, Romford Road, Woodgrange Park Cemetery and Browning Road, including a ventilation shaft on land off Woodgrange Road and terminating beneath a point 60 metres east of the junction of Reesland Close with Barrington Road;</content></paragraph></hcontainer><hcontainer name="subheading" class="schGroup7" eId="d25e4734"><heading> Barrington Road to Dagenham Dock</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn80" class="schProv1"><num>Work No. 22—</num><content>A railway (6,700 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 7) at its termination, passing eastwards in tunnel beneath the North Circular Road and the River Roding, then south-eastwards beneath Barking Station, Station Parade, Ripple Road and Alfred’s Way, then eastwards beneath Renwick Road and the Ripple Lane Freightliner Terminal to a portal at a point 462 metres south-east of the junction of Morrison Road with Julia Gardens, then continuing eastwards under the railway (Work <abbr title="Number">No.</abbr> 22A) and the new road (Work <abbr title="Number">No.</abbr> 22H(1)), across Chequers Lane (to be stopped up) and under Kent Avenue and terminating at a point 85 metres east of the bridge carrying Kent Avenue over the Tilbury Loop Railway, including ventilation shafts on lands off Barrington Road and Alfred’s Way and a footbridge over the railway at Chequers Lane;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn81" class="schProv1"><num>Work No. 22A—</num><content>A railway (2,201 metres in length), forming a diversion of the Tilbury Loop Railway westbound line, commencing by a junction with that railway at a point 253 metres east of the junction of Stebbing Way with Wivenhoe Road, passing eastwards under Renwick Road, then south-eastwards and eastwards over the railway in tunnel (Work <abbr title="Number">No.</abbr> 22), under the new road (Work <abbr title="Number">No.</abbr> 22H(1)) and terminating by a junction with the Tilbury Loop Railway westbound line at a point 2 metres west of the western end of Dagenham Dock Station platforms;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn82" class="schProv1"><num>Work No. 22B—</num><content>A railway (2,252 metres in length), forming holding sidings, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 22A) at a point 15 metres west of the bridge carrying Renwick Road over the Tilbury Loop Railway, passing south-eastwards and eastwards, under the new road (Work <abbr title="Number">No.</abbr> 22H(1)) and across Chequers Lane and terminating at a point 120 metres south-east of the eastern end of Dagenham Dock Station platforms, including a footbridge over the railway at Chequers Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn83" class="schProv1"><num>Work No. 22C—</num><content>A railway (1,523 metres in length), for construction purposes, commencing by a junction with the Tilbury Loop Railway at a point 166 metres south-east of the bridge carrying Renwick Road over that railway, passing south-eastwards and eastwards, and terminating at a point 38 metres south-west of the point where the new road (Work <abbr title="Number">No.</abbr> 22H(1)) passes over the railway (Work <abbr title="Number">No.</abbr> 22B), including railway sidings;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn84" class="schProv1"><num>Work No. 22D—</num><content>A railway (280 metres in length) forming a connection between the Tilbury Loop Railway goods line and the railway (Work <abbr title="Number">No.</abbr> 22A), commencing by a junction with the said goods line at a point 468 metres south-east of the bridge carrying Renwick Road over that goods line, passing south-eastwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 22A at a point 742 metres south-east of the said bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn85" class="schProv1"><num>Work No. 22E—</num><content>A railway (1,095 metres in length) forming a connecting line between the railway (Work <abbr title="Number">No.</abbr> 22A) and the railway (Work <abbr title="Number">No.</abbr> 8E), commencing by a junction with Work <abbr title="Number">No.</abbr> 22A at a point 342 metres south of the junction of Morrison Road with Julia Gardens, passing eastwards under the new road (Work <abbr title="Number">No.</abbr> 22H(1)) and across Chequers Lane and terminating by a junction with Work <abbr title="Number">No.</abbr> 8E at a point 180 metres south-east of the eastern end of Dagenham Dock Station platforms, including a footbridge over the railway at Chequers Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn86" class="schProv1"><num>Work No. 22F—</num><content>A railway (648 metres in length) forming a connecting line between the railway (Work <abbr title="Number">No.</abbr> 22A) and the railway (Work <abbr title="Number">No.</abbr> 22), commencing by a junction with Work <abbr title="Number">No.</abbr> 22A at a point 378 metres south-east of the junction of Morrison Road with Julia Gardens, passing eastwards under the new road (Work <abbr title="Number">No.</abbr> 22H(1)) and terminating by a junction with Work <abbr title="Number">No.</abbr> 22 at a point 150 metres west of the eastern end of Dagenham Dock Station platforms;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn87" class="schProv1"><num>Work No. 22G—</num><content>A railway (715 metres in length), for construction purposes, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 22B) at a point 27 metres west of the point where the new road (Work <abbr title="Number">No.</abbr> 22H(1)) passes over Work <abbr title="Number">No.</abbr> 22B, passing eastwards then southwards, and terminating at a point 270 metres south-east of the eastern end of Dagenham Dock Station platforms, including railway sidings;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn88" class="schProv1"><num>Work No. 22J—</num><content>A jetty commencing on the northern bank of the River Thames at a point 190 metres north-west of The Gores outfall sluice, extending in a south-westerly direction into the said river for a distance of 230 metres and there terminating, including a jetty head with mooring dolphins and berthing facilities;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e4864"><heading> Dagenham Dock to Wennington</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn89" class="schProv1"><num>Work No. 8—</num><content>A railway (5,200 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 22) at its termination, passing eastwards under Thames Avenue (Work <abbr title="Number">No.</abbr> 8R), over the Beam River, and under the intended A13 link road (under construction), then continuing south-eastwards on viaduct over the new road (Work <abbr title="Number">No.</abbr> 8S) and Rainham Creek, and terminating beneath the intended A13 (under construction) at a point 20 metres south-west of the Tilbury Loop Railway;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn90" class="schProv1"><num>Work No. 8E—</num><content>A railway (906 metres in length), forming a connection between the railway (Work <abbr title="Number">No.</abbr> 22E) and the westbound line of the railway (Work <abbr title="Number">No.</abbr> 8), commencing by a junction with Work <abbr title="Number">No.</abbr> 22E at its termination, passing south-eastwards under Kent Avenue (Work <abbr title="Number">No.</abbr> 8Q) and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 8) at a point 30 metres west of the intended Thames Avenue bridge (Work <abbr title="Number">No.</abbr> 8R);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn91" class="schProv1"><num>Work No. 8G—</num><content>A railway (1,330 metres in length), forming a connection between the Tilbury Loop Railway and the eastbound line of the railway (Work <abbr title="Number">No.</abbr> 8), commencing by a junction with the Tilbury Loop Railway 10 metres east of the eastern end of Dagenham Dock Station, passing eastwards on the southern side of that line under Kent Avenue (Work <abbr title="Number">No.</abbr> 8Q) and Thames Avenue (Work <abbr title="Number">No.</abbr> 8R), over the Beam River and terminating by a junction with Work <abbr title="Number">No.</abbr> 8 at a point 215 metres east of the intended Thames Avenue bridge (Work <abbr title="Number">No.</abbr> 8R), including a bridge over the Beam River;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn92" class="schProv1"><num>Work No. 8H—</num><content>A railway (279 metres in length), connecting the goods line (Work <abbr title="Number">No.</abbr> 22B) with a private siding west of Kent Avenue, commencing by a junction with Work <abbr title="Number">No.</abbr> 22B at its termination, passing south-eastwards and southwards, under the intended A13 and terminating by a junction with the said siding at a point 55 metres south of the footpath crossing that siding east of Breach Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn93" class="schProv1"><num>Work No. 8J—</num><content>A railway (1,452 metres in length), connecting the goods line (Work <abbr title="Number">No.</abbr> 22B) with private sidings east of Kent Avenue, commencing by a junction with Work <abbr title="Number">No.</abbr> 22B at its termination, passing eastwards under Kent Avenue (Work <abbr title="Number">No.</abbr> 8Q) and Thames Avenue (Work <abbr title="Number">No.</abbr> 8R), over the Beam River and terminating at a point 33 metres west of the bridge carrying the intended A13 link road (under construction) over the Tilbury Loop Railway and the railway (Work <abbr title="Number">No.</abbr> 8), including a bridge over the Beam River and railway sidings;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn94" class="schProv1"><num>Work No. 8K—</num><content>A railway (496 metres in length) commencing by a junction with a private siding on the eastern side of Kent Avenue at a point 10 metres south of the southern end of the viaduct carrying that road and railway across Dagenham Breach, passing northwards on that existing viaduct, under the intended A13, then eastwards and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 8J) at a point 300 metres east of the intended Kent Avenue bridge (Work <abbr title="Number">No.</abbr> 8Q);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn95" class="schProv1"><num>Work No. 8L—</num><content>A railway (301 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 8J) at a point 245 metres west of the intended Thames Avenue bridge (Work <abbr title="Number">No.</abbr> 8R), passing eastwards then southwards and terminating by a junction with a private siding at a point 30 metres north of Lake Road on the western side of Thames Avenue;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn96" class="schProv1"><num>Work No. 22H(1)—</num><content>A road commencing by a junction with Ripple Road at a point on its southern side 23 metres east of the junction of Pooles Lane with that road, passing southwards on the eastern side of Pooles Lane, then south-eastwards and southwards on the line of Choats Manor Way, over a private siding, the diverted Tilbury Loop Railway (Work <abbr title="Number">No.</abbr> 22A) and the railways (Works <abbr title="Numbers">Nos.</abbr> 22, 22B, 22E, 22F and 22G), and terminating at a point 100 metres south-west of the junction of Choats Road with Hindmans Way, including a bridge over the said railways;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn97" class="schProv1"><num>Work No. 22H(2)—</num><content>A road commencing at a point 25 metres west of Pooles Lane at the southern end of that road, passing eastwards and north-eastwards and terminating by a junction with the new road ( Work <abbr title="Number">No.</abbr> 22H(1)) at a point 240 metres from its commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn98" class="schProv1"><num>Work No. 8P(3)—</num><content>A road commencing by a junction with Choats Road at a point 240 metres west of its junction with Hindmans Way, passing eastwards along the line of Choats Road and Hindmans Way to a point 80 metres west of the junction of Hindmans Way with Chequers Lane, then turning southwards and terminating by a junction with Chequers Lane at a point 120 metres south of that last-mentioned road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn99" class="schProv1"><num>Work No. 8P(4)—</num><content>A road commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 8P(3)) at a point 100 metres from its termination, passing north-eastwards and terminating by a junction with Chequers Lane at a point 60 metres north of its junction with Hindmans Way;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn100" class="schProv1"><num>Work No. 8Q—</num><content>Realignment of Kent Avenue, including a bridge over a private siding, the Tilbury Loop Railway and the railways (Works <abbr title="Numbers">Nos.</abbr> 8, 8E, 8G and 8J), commencing in that road at a point 205 metres south of its junction with New Road, Hornchurch, passing southwards over the said railways and terminating in Kent Avenue at a point 10 metres north of the northern end of the viaduct carrying that road over Dagenham Breach;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn101" class="schProv1"><num>Work No. 8R—</num><content>Realignment of Thames Avenue, including a bridge over the Tilbury Loop Railway, the railways (Works <abbr title="Numbers">Nos.</abbr> 8, 8G and 8J) and private sidings, commencing in that road at a point 25 metres south of its junction with New Road, Hornchurch, passing southwards over those railways and terminating in Thames Avenue at the junction of Lake Road with that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn102" class="schProv1"><num>Work No. 8S—</num><content>A road commencing by a junction with Bridge Road at the roundabout on that road 200 metres south of its junction with New Road, Hornchurch, passing westwards over Rainham Creek, then south-westwards under the Tilbury Loop Railway and the railway (Work <abbr title="Number">No.</abbr> 8), then passing southwards over Rainham Creek at a point 140 metres downstream from the bridge carrying the Tilbury Loop Railway over that river, then south-eastwards and terminating by a junction with Ferry Lane at the southernmost junction of Lamson Road with that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn103" class="schProv1"><num>Work No. 8T—</num><content>A road, forming an access to the Riverside Sewage Treatment works at Rainham off the new road (Work <abbr title="Number">No.</abbr> 8S), commencing in the said Treatment Works at Creekside Cottages, passing south-eastwards and eastwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 8S at a point 70 metres south-west of the intended viaduct carrying the railway (Work <abbr title="Number">No.</abbr> 8) over that new road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn104" class="schProv1"><num>Work No. 8U(4)—</num><content>A cut, forming a diversion of the Ship and Shovel Relief Channel, commencing by a junction with that watercourse at a point 148 metres from its confluence with The Gores, passing eastwards, then south-eastwards and terminating in The Gores at that confluence;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn105" class="schProv1"><num>Work No. 8U(13)—</num><content>A cut, forming a diversion of The Gores, commencing at the confluence of the Ship and Shovel Relief Channel (Work <abbr title="Number">No.</abbr> 8U(4)) with that stream, passing eastwards then northwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 22, 22A, 22B, 22E, 22F and 22G), and terminating by a junction with The Gores at a point 70 metres east of the northern end of its existing culvert under the Tilbury Loop Railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn106" class="schProv1"><num>Work No. 8U(6)—</num><content>A cut, forming a diversion of Pooles Sewer, commencing by a junction with that watercourse 85 metres south of the southern side of the existing Manor Way level crossing on the Tilbury Loop Railway, passing eastwards and south-eastwards, then northwards under the railway (Work <abbr title="Number">No.</abbr> 8) and terminating by a junction with that watercourse at the southern end of its culvert under the Tilbury Loop Railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn107" class="schProv1"><num>Work No. 8U(7)—</num><content>A cut, forming a diversion of the Ferry Lane Sewer, commencing by a junction with that watercourse at the northern end of its culvert under the Tilbury Loop Railway west of Rainham Station, passing southwards under that railway and the railway (Work <abbr title="Number">No.</abbr> 8), then eastwards and southwards and terminating in that watercourse on the western side of Ferry Lane at a point 48 metres south of the existing Ferry Lane level crossing on the Tilbury Loop Railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn108" class="schProv1"><num>Work No. 8U(8)—</num><content>A cut, forming a diversion of the Rainham Cross Sewer, commencing at a point on the southern side of the Tilbury Loop Railway 375 metres east of the eastern end of Rainham Station, passing eastwards for a distance of 95 metres and there terminating by a junction with that watercourse;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn109" class="schProv1"><num>Work No. 8U(9)—</num><content>A cut, forming an improvement of the Rainham Main Sewer, commencing in that watercourse at a point 15 metres north of the northern end of its existing culvert under the Tilbury Loop Railway, passing under that railway and the railway (Work <abbr title="Number">No.</abbr> 8) and terminating in that watercourse at a point 52 metres south of the southern end of that existing culvert;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn110" class="schProv1"><num>Work No. 8U(10)—</num><content>A cut, forming a diversion of the Wennington Main Sewer, commencing by a junction with the cut (Work <abbr title="Number">No.</abbr> 8U(9)) at a point 10 metres north of its termination, passing south-eastwards on the southern side of the existing watercourse and terminating by a junction with that watercourse at a point 100 metres south of the southern end of a branch of that watercourse south of Manstead Gardens;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn111" class="schProv1"><num>Work No. 8U(11)—</num><content>A cut, forming an improvement of the Common Watercourse (Southall Sewers), commencing in that watercourse at a point 10 metres north-east of the northern end of its existing culvert under the Tilbury Loop Railway, passing south-westwards under that railway and the railway (Work <abbr title="Number">No.</abbr> 8) and terminating in that watercourse at a point 47 metres south-west of the southern end of that existing culvert;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn112" class="schProv1"><num>Work No. 8U(12)—</num><content>A cut, forming a diversion of Wennington Branch Sewer, commencing in that watercourse at a point 10 metres north-east of the northern end of its existing culvert under the Tilbury Loop Railway, passing under that railway and the railway (Work <abbr title="Number">No.</abbr> 8) and terminating in that watercourse at a point 40 metres south-west of the southern end of that existing culvert;In the London Borough of Havering and in the borough of Thurrock, in the county of Essex—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e5146"><heading> Wennington to Purfleet</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn113" class="schProv1"><num>Work No. 23—</num><content>A railway (3,835 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 8) at its termination, passing south-eastwards on the southern side of the realigned Tilbury Loop Railway (Work <abbr title="Number">No.</abbr> 23A) then on viaduct over that railway, then over the diverted Aveley Sewer (Work <abbr title="Number">No.</abbr> 23D) and under the new road (Work <abbr title="Number">No.</abbr> 23B(1)), then continuing over Mar Dyke and under the new road (Work <abbr title="Number">No.</abbr> 23C(2)), passing on the southern side of the Purfleet Bypass and terminating at a point 250 metres east of the junction of London Road, Purfleet with the Purfleet Bypass, including the said viaduct and a bridge over Mar Dyke;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn114" class="schProv1"><num>Work No. 23A—</num><content>A railway (1,185 metres in length), being a realignment of the Tilbury Loop Railway, commencing by a junction with that railway at a point 230 metres south-east of the Wennington Branch Sewer where that sewer passes in culvert under that railway, passing south-eastwards in tunnel under the railway (Work <abbr title="Number">No.</abbr> 23) and terminating by a junction with the Tilbury Loop Railway at a point 240 metres south-west of the point where Tank Hill Road is crossed on the level by the Tilbury Loop Railway;In the borough of Thurrock, in the county of Essex—</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn115" class="schProv1"><num>Work No. 23B(1)—</num><content>A road, forming a diversion of Tank Hill Road (A1090), commencing by a junction with Arterial Road, Purfleet (A13) at a point 165 metres north of its junction with Tank Hill Road, passing south-westwards then southwards over the diverted Aveley Sewer (Work <abbr title="Number">No.</abbr> 23D), the railway (Work <abbr title="Number">No.</abbr> 23), the Tilbury Loop Railway and Mar Dyke and terminating in that road at a point 15 metres north of the junction of Marlow Avenue with Tank Hill Road, including bridges over Works <abbr title="Numbers">Nos.</abbr> 23 and 23D, the Tilbury Loop Railway and Mar Dyke;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn116" class="schProv1"><num>Work No. 23B(2)—</num><content>A road, forming an access road into the Purfleet Industrial Estate, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 23B(1)) at a point 130 metres west of the junction of Tank Hill Road with Arterial Road, Purfleet (A13), passing westwards then northwards and terminating at a point in the said estate 155 metres north-west of its commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn117" class="schProv1"><num>Work No. 23B(3)—</num><content>A road, forming an access road, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 23B(1)) at a point 110 metres south-west of the point where Tank Hill Road is crossed on the level by the Tilbury Loop Railway, passing eastwards and terminating at a point 105 metres south of that level crossing;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn118" class="schProv1"><num>Work No. 23C—</num><content>Diversion of Arterial Road, Purfleet, and Purfleet Bypass and diversion of Tank Lane and Botany Way, comprising—</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn119" class="schProv1"><num>Work No. 23C(1)—</num><content>Diversion of the A13 (Arterial Road, Purfleet) commencing in that road at a point 360 metres west of its existing junction with Purfleet Bypass, passing eastwards by way of the northern junction roundabout forming part of Work <abbr title="Number">No.</abbr> 23C(2), and terminating in the A13 at a point 235 metres east of the said existing road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn120" class="schProv1"><num>Work No. 23C(2)—</num><content>A road, including junction roundabouts at its commencement and termination, commencing by a junction with the diverted Arterial Road, Purfleet (Work <abbr title="Number">No.</abbr> 23C(1)) at a point 48 metres north-east of the existing junction of Arterial Road with Purfleet Bypass, passing south-westwards over the railway (Work <abbr title="Number">No.</abbr> 23) and terminating by a junction with the diverted Tank Lane (Works <abbr title="Numbers">Nos.</abbr> 23C(4) and 23C(5)) at a point 150 metres west of the existing junction of Tank Lane with Botany Way, including a bridge over Work <abbr title="Number">No.</abbr> 23;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn121" class="schProv1"><num>Work No. 23C(3)—</num><content>Diversion of Purfleet Bypass at its junction with the A13 commencing by a junction with that road at the northern junction roundabout forming part of Work <abbr title="Number">No.</abbr> 23C(2), passing southwards and south-eastwards and terminating in Purfleet Bypass at a point 160 metres north-west of its junction with North Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn122" class="schProv1"><num>Work No. 23C(4)—</num><content>Diversion of Tank Lane commencing at a point 165 metres north of the bridge carrying Tank Lane over the Tilbury Loop Railway, passing southwards then eastwards along the northern side of Tank Lane, then south-eastwards along the line of that road and terminating at the southern junction roundabout forming part of Work <abbr title="Number">No.</abbr> 23C(2), at a point 150 metres west of the existing junction of Tank Lane with Botany Way;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn123" class="schProv1"><num>Work No. 23C(5)—</num><content>Diversion of Tank Lane and Botany Way, commencing at the southern junction roundabout forming part of Work <abbr title="Number">No.</abbr> 23C(2) at a point 150 metres north-west of its existing junction with Botany Way, passing eastwards then southwards on the line of Botany Way and terminating by a junction with that road at a point 115 metres south-west of its existing junction with Purfleet Bypass;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn124" class="schProv1"><num>Work No. 23D—</num><content>A cut, forming a diversion of the Aveley Sewer, commencing in that watercourse at a point 25 metres south-west of the southern end of its existing culvert under the Tilbury Loop Railway, passing in a north-easterly direction under the railways (Works <abbr title="Numbers">Nos.</abbr> 23 and 23A) and the new road (Work <abbr title="Number">No.</abbr> 23B(1)), then passing northwards and terminating at a point in a new balancing pond 95 metres north-west of the junction of Tank Hill Road with Arterial Road, Purfleet;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e5288"><heading> Purfleet to West Thurrock</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn125" class="schProv1"><num>Work No. 9—</num><content>A railway (1,537 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 23) at its termination, passing south-eastwards on viaduct over the A1090 (London Road, Purfleet), the Tilbury Loop Railway and the northbound Dartford Tunnel Approach Road (Canterbury Way), under a span of the southbound approach to the Queen Elizabeth <abbr class="acronym" title="2">II</abbr> Bridge, and over Oliver Close (North) (Work <abbr title="Number">No.</abbr> 9B) in the West Thurrock Industrial Estate to a point 90 metres west of the existing southernmost junction of Oliver Close with Oliver Road, then under Oliver Road (Work <abbr title="Number">No.</abbr> 9C) and terminating at a point 160 metres south-east of that existing road junction, including the said viaducts and a bridge over Work <abbr title="Number">No.</abbr> 9A(1);</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn126" class="schProv1"><num>Work No. 9B—</num><content>Diversion of Oliver Close (North) commencing in that road at a point 25 metres south of the westernmost corner of that road, passing northwards for a distance of 60 metres from that commencement under the railway (Work <abbr title="Number">No.</abbr> 9), then turning eastwards and terminating by a junction with Oliver Close (North) at a point 160 metres west of its junction with Oliver Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn127" class="schProv1"><num>Work No. 9C—</num><content>Diversion of Oliver Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 9), commencing in that road at the existing junction of that road with Oliver Close (North), passing southwards over Work <abbr title="Number">No.</abbr> 9 on the eastern side of the existing road, and terminating by a junction with Oliver Road at a point 130 metres south of its existing junction with Burnley Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn128" class="schProv1"><num>Work No. 9D—</num><content>Realignment of Burnley Road and Watson Close commencing by a junction with Oliver Road (Work <abbr title="Number">No.</abbr> 9C) at the existing road junction, passing eastwards along the line of, and then to the south of, Burnley Road, then turning northwards and terminating in Watson Close at a point 60 metres north of its existing junction with Burnley Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn129" class="schProv1"><num>Work No. 9F(1)—</num><content>A railway (835 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 9F(2)) at a point 275 metres from its commencement, passing westwards, south-westwards, southwards and south-eastwards and terminating at a point on the western side of Watson Close (Work <abbr title="Number">No.</abbr> 9D) at a point 45 metres north of the existing junction of that road with Burnley Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn130" class="schProv1"><num>Work No. 9F(2)—</num><content>A deviation railway (849 metres in length), commencing by a junction with the Tilbury Loop Railway at a point 325 metres east of the bridge carrying the southbound approach to the Queen Elizabeth <abbr class="acronym" title="2">II</abbr> Bridge over that railway, passing eastwards on the southern side of that railway and terminating at the eastern end of the existing sidings;In the borough of Thurrock, in the county of Essex, and in the borough of Dartford, parishes of Swanscombe and Greenhithe, Southfleet and Longfield and New Barn, in the borough of Gravesham, town of Gravesend, and in the district of Sevenoaks, parish of Horton Kirby and South Darenth, in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e5367"><heading> West Thurrock and Ebbsfleet to Singlewell</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn131" class="schProv1"><num>Work No. 10—</num><content>A railway (9,161 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 9) at its termination, passing south-eastwards to a point 249 metres from that commencement, then passing in tunnel beneath Burnley Road and Watson Close (Work <abbr title="Number">No.</abbr> 9D), then beneath the River Thames and Bell Wharf, Swanscombe, with shafts at Burnley Road, West Thurrock Power Station, Bell Wharf and Swanscombe Marsh, continuing in tunnel south-eastwards to a point 120 metres north-west of the existing junction of Green Manor Way with Lower Road, then passing south-eastwards and southwards, under Galley Hill Road (Work <abbr title="Number">No.</abbr> 10K), then in tunnel for a distance of 58 metres beneath the North Kent Railway, continuing under the railway (Work <abbr title="Number">No.</abbr> 10C) and the new road (Work <abbr title="Number">No.</abbr> 10S(1)), then on viaduct over the River Ebbsfleet, then in tunnel for a distance of 310 metres beneath the course of the former Gravesend West Branch Railway and the A2 (Watling Street) at a point 50 metres west of the southern abutment of the bridge carrying the B262 (Hall Road) over that road, then passing in tunnel for distances of 35 metres and 25 metres respectively beneath the B262 and the slip road to that road and Station Road on the southern side of the A2, then continuing south-eastwards on the southern side of the A2, then in tunnel for a distance of 80 metres beneath the railway (Work <abbr title="Number">No.</abbr> 11A) and on viaduct over the A227 (Wrotham Road) and terminating at a point 180 metres east of that road 340 metres south of the southern side of the bridge carrying the A2 over that road, including the said viaducts over the River Ebbsfleet and Wrotham Road;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn132" class="schProv1"><num>Work No. 10A—</num><content>A railway (1,732 metres in length), partly for construction purposes, commencing at the seaward end of the existing Swanscombe Jetty, passing south-eastwards from that jetty and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 10B) at a point 40 metres south-east of the intended bridge (Work <abbr title="Number">No.</abbr> 10K) carrying Galley Hill Road over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn133" class="schProv1"><num>Work No. 10B—</num><content>A railway (2,281 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10) at a point 113 metres north-west of the intended bridge (Work <abbr title="Number">No.</abbr> 10K) carrying Galley Hill Road over that railway, passing south-eastwards on the eastern side of that railway under that road, and in tunnel for a distance of 71 metres beneath the North Kent Railway, then passing eastwards over a private road between the Northfleet Cement Works and Springhead Road, then in tunnel for a distance of 60 metres beneath the North Kent Railway at a point 30 metres south-east of the eastern abutment of the bridge carrying that railway over the mineral railway at the entrance to Church Path Pit, then south-eastwards on the northern side of the North Kent Railway, under Springhead Road (Work <abbr title="Number">No.</abbr> 10N) and terminating by a junction with that railway at a point 110 metres east of the intended bridge forming part of Work <abbr title="Number">No.</abbr> 10N, including a bridge over the said private road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn134" class="schProv1"><num>Work No. 10C—</num><content>A railway (2,324 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10) at a point 140 metres north-west of the intended bridge (Work <abbr title="Number">No.</abbr> 10K) carrying Galley Hill Road over that railway, passing south-eastwards on the western side of that railway under that road and in tunnel for a distance of 54 metres beneath the North Kent Railway, then eastwards, over the railways (Works <abbr title="Numbers">Nos.</abbr> 10, 10D and 10E) and over the said private road between the Northfleet Cement Works and Springhead Road, then south-eastwards on viaduct across the northern bay of the Blue Lake south of the North Kent Railway and under Springhead Road (Work <abbr title="Number">No.</abbr> 10N) and terminating by a junction with that railway at a point 95 metres east of the intended bridge forming part of Work <abbr title="Number">No.</abbr> 10N, including the said viaduct and bridges over Works <abbr title="Numbers">Nos.</abbr> 10, 10D and 10E and the said private road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn135" class="schProv1"><num>Work No. 10D—</num><content>A railway (1,523 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10B) at a point 45 metres north-west of the northern portal of the intended tunnel by which that railway passes beneath the North Kent Railway, passing south-eastwards on the western side of Work <abbr title="Number">No.</abbr> 10B beneath the North Kent Railway in that tunnel, then continuing southwards on the eastern side of the railway (Work <abbr title="Number">No.</abbr> 10), under the railway (Work <abbr title="Number">No.</abbr> 10C) and the new road (Work <abbr title="Number">No.</abbr> 10S(1)) and terminating by a junction with Work <abbr title="Number">No.</abbr> 10 at a point 10 metres south of the commencement of the intended viaduct carrying that railway over the River Ebbsfleet;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn136" class="schProv1"><num>Work No. 10E—</num><content>A railway (1,445 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10C) 7 metres north-west of the southern portal of the intended tunnel by which that railway passes beneath the North Kent Railway, passing south-eastwards on the eastern side of Work <abbr title="Number">No.</abbr> 10C, then under that railway and continuing on the western side of the railway (Work <abbr title="Number">No.</abbr> 10), under the new road (Work <abbr title="Number">No.</abbr> 10S(1)) and terminating by a junction with Work <abbr title="Number">No.</abbr> 10 at a point 5 metres north of the commencement of the said intended viaduct carrying that railway over the River Ebbsfleet;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn137" class="schProv1"><num>Work No. 10F—</num><content>A railway (532 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10B) at a point 140 metres west of the bridge carrying the North Kent Railway over the mineral railway at the entrance to the Church Path Pit, passing eastwards under that bridge and terminating in that pit at a point 378 metres east of that railway bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn138" class="schProv1"><num>Work No. 10F(1)—</num><content>A railway (200 metres in length) commencing by a junction with the North Kent Railway at a point 230 metres north-west of the western end of the westbound platform of Northfleet Station passing eastwards and terminating by a junction with the sidings of the mineral railway on the southern side of the North Kent Railway at the western end of those sidings;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn139" class="schProv1"><num>Work No. 10G—</num><content>Improvement of Manor Way (West) commencing at the junction of that road with the A226 (London Road), passing north-eastwards and eastwards along the line of Manor Way (West) and terminating at a point 20 metres east of the junction of that road with Pilgrims Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn140" class="schProv1"><num>Work No. 10H—</num><content>A road commencing by a junction with Manor Way (West) (Work <abbr title="Number">No.</abbr> 10G) at the termination of that work, passing eastwards, then south-eastwards and terminating at the existing roundabout at the west end of the central access road in the Northfleet Industrial Estate;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn141" class="schProv1"><num>Work No. 10J—</num><content>A road, forming a diversion of Lower Road and Green Manor Way, commencing by a junction with Manor Way (West) (Work <abbr title="Number">No.</abbr> 10G) at its termination, passing northwards on the line of the footpath DS2 to a point 280 metres north of its existing junction with Lower Road, then turning eastwards and south-eastwards on the eastern side of the railway (Work <abbr title="Number">No.</abbr> 10) to a point on the northern side of Lower Road 330 metres east of its existing junction with Green Manor Way, then passing north-eastwards and eastwards on the line of Lower Road and terminating by a junction with Lower Road at a point 60 metres north of its junction with Stonebridge Road and Galley Hill Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn142" class="schProv1"><num>Work No. 10J(1)—</num><content>A road commencing by a junction with Green Manor Way at a point 310 metres north of its existing junction with Lower Road, passing southwards then south-westwards and terminating by a junction with the new road (Work <abbr title="Number">No.</abbr> 10J) at a point 85 metres from that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn143" class="schProv1"><num>Work No. 10J(2)—</num><content>A road commencing by a junction with Manor Way (East) at a point 110 metres north of its existing junction with Lower Road, passing southwards and terminating by a junction with the new road (Work <abbr title="Number">No.</abbr> 10J) at a point 105 metres from that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn144" class="schProv1"><num>Work No. 10K—</num><content>Realignment of Galley Hill Road, including a bridge over the railways (Works <abbr title="Numbers">Nos.</abbr> 10, 10A, 10B and 10C), commencing in that road at a point 270 metres east of its junction with London Road, Swanscombe, and terminating in Galley Hill Road at a point 310 metres west of its junction with Stonebridge Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn145" class="schProv1"><num>Work No. 10N—</num><content>Realignment of Springhead Road, including a bridge over the railways (Works <abbr title="Numbers">Nos.</abbr> 10B and 10C) and the North Kent Railway, commencing in that road at a point 40 metres north of the northern abutment of the existing bridge carrying that road over the North Kent Railway and terminating in that road at a point 110 metres south of the southern abutment of that existing bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn146" class="schProv1"><num>Work No. 10P—</num><content>Diversion of Downs Road commencing in that road at a point 310 metres south-east of its junction with the Hog Lane subway under the A2 (Watling Street), passing south-eastwards and eastwards then southwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 10, 11A and 11B) and terminating in Downs Road at a point 330 metres south of the existing junction with that road of the road to Northfleet Green, including bridges over Works <abbr title="Numbers">Nos.</abbr> 10, 11A and 11B;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn147" class="schProv1"><num>Work No. 10Q—</num><content>Diversion of the road from Downs Road to Northfleet Green commencing in that road at a point 20 metres east of the access from that road to Hazells, passing south-eastwards and terminating by a junction with Downs Road (Work <abbr title="Number">No.</abbr> 10P) at a point 210 metres north of the termination of that work;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn148" class="schProv1"><num>Work No. 10R—</num><content>A road, for construction purposes, including a bridge over the A2, commencing in the course of the former Gravesend West Branch Railway at a point 35 metres north-east of the northern side of that road, passing south-westwards over that road and terminating in the disused railway at a point 50 metres south-west of the southern side of that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn149" class="schProv1"><num>Work No. 10R(1)—</num><content>A cut, forming a diversion of the Swanscombe Main Drain south of the sewage disposal works on Swanscombe Marshes, commencing in that drain at a point 60 metres north of the junction of Pilgrims Road with Manor Way (West), passing northwards, then in culvert north-westwards under the new road (Work <abbr title="Number">No.</abbr> 10J), then northwards and terminating in that drain at the south-western corner of the said sewage works;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn150" class="schProv1"><num>Work No. 10R(2)—</num><content>A drainage pumping main commencing at a point 300 metres south-west of the western end of the platform of Northfleet Station, passing north-eastwards, under the railway (Work <abbr title="Number">No.</abbr> 10F(1)) and the North Kent Railway, then continuing north-eastwards and eastwards in Stonebridge Road and Grove Road between its junctions with Stonebridge Road and College Road, then eastwards in the Creek to a point 40 metres east of the junction of that road with College Road, then passing north-eastwards and terminating at a point at low water on the south bank of the River Thames 15 metres east of Robins Creek;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn151" class="schProv1"><num>Work No. 10S(1)—</num><content>A road commencing by a junction with the access road between the Northfleet Cement Works and Springhead Road at a point 75 metres south of the southern end of the bridge carrying that road over the River Ebbsfleet, passing southwards over that river, over the railways (Works <abbr title="Numbers">Nos.</abbr> 10, 10D and 10E), then south-westwards and terminating by a junction with the new road (Work <abbr title="Number">No.</abbr> 10S(2)) at a point 140 metres north of the junction with the existing Southfleet Road of the access road to the Northfleet West Grid Substation, including roundabouts at that commencement and termination and bridges over the river and Works <abbr title="Numbers">Nos.</abbr> 10, 10D and 10E;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn152" class="schProv1"><num>Work No. 10S(2)—</num><content>A road commencing at a point adjoining Southfleet Road 310 metres north of the existing junction with that road of the said road access to the Northfleet West Grid Substation, passing southwards to a point 120 metres south of that existing road junction then passing south-eastwards and terminating at a point 60 metres east of Southfleet Road, 220 metres north of the existing junction with the A2 of the road access from that road to the Northfleet West Grid Substation, including a roundabout at that termination;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn153" class="schProv1"><num>Work No. 10T(1)—</num><content>A road commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 10S(2)) at its termination, passing eastwards, then south-eastwards to a junction with Work <abbr title="Number">No.</abbr> 10T(4) at its termination, then eastwards over the railway (Work <abbr title="Number">No.</abbr> 10) in tunnel and terminating in the existing eastbound exit slip road of the A2 at Pepper Hill at a point 80 metres north-west of the junction of that slip road with Hall Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn154" class="schProv1"><num>Work No. 10T(3)—</num><content>A road commencing by a junction with the road (Work <abbr title="Number">No.</abbr> 10T(1)) at a point 85 metres north-west of the access to the Springhead Nursery from the existing access road on the northern side of the A2, passing south-eastwards on the southern side of Work <abbr title="Number">No.</abbr> 10T(1), over the railway (Work <abbr title="Number">No.</abbr> 10) in tunnel, and terminating in the eastbound carriageway of the A2 at a point 250 metres south-east of the bridge carrying Hall Road over the A2;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn155" class="schProv1"><num>Work No. 10T(4)—</num><content>A road, forming an exit slip road from the eastbound carriageway of the A2, commencing in that carriageway at a point 325 metres east of the footbridge over the A2 between Blue House and Swanscombe Park, passing eastwards over the new roads (Works <abbr title="Numbers">Nos.</abbr> 10T(6) and 10T(8)) and terminating by a junction with the road (Work <abbr title="Number">No.</abbr> 10T(1)) at a point 260 metres from its commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn156" class="schProv1"><num>Work No. 10T(6)—</num><content>A road, forming an entry slip road to the westbound carriageway of the A2, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 10S(2)) at its termination, passing southwards under the A2 then south-westwards, westwards and north-westwards to a point 300 metres west of the bridge carrying the A2 over the B259 (Park Corner Road) continuing westwards and terminating in the westbound carriageway of the A2 at a point 130 metres east of the said footbridge over the A2;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn157" class="schProv1"><num>Work No. 10T(7)—</num><content>A road commencing by a junction with the slip road (Work <abbr title="Number">No.</abbr> 10T(6)) at a point 325 metres north of the junction of Park Corner Road with the road leading to North End Farm, passing southwards and terminating by a junction with Park Corner Road at a point 150 metres from that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn158" class="schProv1"><num>Work No. 10T(8)—</num><content>A station access road, forming an exit slip road from the westbound carriageway of the A2, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 10S(2)) at its termination, passing southwards under the A2 on the western side of the slip road (Work <abbr title="Number">No.</abbr> 10T(6)) to a point on the western side of the B259 (Park Corner Road) 160 metres south of the southern end of the bridge carrying the A2 over that road, then turning south-westwards, north-westwards, northwards and north-eastwards, passing over the road and the slip road (Work <abbr title="Number">No.</abbr> 10T(6)) on the southern side of the A2, continuing eastwards and terminating in the westbound carriageway of the A2 at a point 190 metres north-west of the bridge carrying Hall Road over the A2;</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e5717"><heading> Longfield to Singlewell</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn159" class="schProv1"><num>Work No. 11—</num><content>A railway (4,402 metres in length) commencing by a junction with the London and Chatham Railway at a point 130 metres east of the eastern abutment of the bridge carrying that railway over Pinden Road, passing eastwards, then north-eastwards on the course of the former Gravesend West Branch Railway, over the B260 (Main Road, Longfield), under Whitehill Road (Work <abbr title="Number">No.</abbr> 11C), the B255 (Hook Green Road) (Work <abbr title="Number">No.</abbr> 11D) and the B259 (Dale Road) (Work <abbr title="Number">No.</abbr> 11E), then eastwards under New Barn Road (Work <abbr title="Number">No.</abbr> 11F), and terminating at a point 60 metres east of the intended bridge forming part of that work, including a bridge over the B260;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn160" class="schProv1"><num>Work No. 11A—</num><content>A railway (1,366 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 11) at its termination, passing eastwards over the railway (Work <abbr title="Number">No.</abbr> 10) in tunnel, then south-eastwards on the northern side of that railway under Downs Road (Work <abbr title="Number">No.</abbr> 10P) and terminating by a junction with that railway at a point 290 metres south-east of the intended bridge forming part of that work;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn161" class="schProv1"><num>Work No. 11B—</num><content>A railway (1,354 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 11) at its termination, passing south-eastwards on the southern side of the railway (Work <abbr title="Number">No.</abbr> 10) under Downs Road (Work <abbr title="Number">No.</abbr> 10P) and terminating by a junction with the railway at a point 275 metres south-east of the intended bridge forming part of that work;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn162" class="schProv1"><num>Work No. 11C—</num><content>Realignment of Whitehill Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 11), commencing in Whitehill Road at a point 375 metres south of the southern abutment of the existing bridge carrying that road over the disused railway and terminating in that road at its junction with Hook Green Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn163" class="schProv1"><num>Work No. 11D—</num><content>Realignment of the B255 (Hook Green Road), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 11), commencing in that road at a point 50 metres south-east of its junction with Whitehill Road and terminating in the B255 at a point 190 metres east of the eastern abutment of the existing bridge over the disused railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn164" class="schProv1"><num>Work No. 11E—</num><content>Realignment of the B259 (Dale Road), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 11), commencing in that road at a point 60 metres south of the southern abutment of the existing bridge over that disused railway and terminating in that road at a point 70 metres south of its junction with the B262 (Station Road);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn165" class="schProv1"><num>Work No. 11F—</num><content>Realignment of New Barn Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 11), commencing in that road at a point 25 metres south of the centre of the roundabout at the junction of that road with the B262 (Station Road) and terminating in New Barn Road at a point 370 metres south-west of that commencement;In the borough of Gravesham, parishes of Cobham and Shorne, and in the city of Rochester-upon-Medway, town of Rochester and parish of Cuxton, in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e5808"><heading> Singlewell to Strood</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn166" class="schProv1"><num>Work No. 12—</num><content>A railway (7,700 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 10) at its termination, passing eastwards on the southern side of the A2 (Watling Street), under Henhurst Road (Work <abbr title="Number">No.</abbr> 12D), Scotland Lane (Work <abbr title="Number">No.</abbr> 12E), Watling Street (B395) (Work <abbr title="Number">No.</abbr> 12F) and Halfpence Lane (C492) (Work <abbr title="Number">No.</abbr> 32C), then in tunnel for a distance of 75 metres beneath Work <abbr title="Number">No.</abbr> 32B and an adjoining area, under Brewers Road (Work <abbr title="Number">No.</abbr> 12H), over the access road (Work <abbr title="Number">No.</abbr> 12K) and under the access road (Work <abbr title="Number">No.</abbr> 12L), then passing south-eastwards on the western side of the M2, under a land bridge in Temple Wood, and terminating at a point 435 metres north-west of the southern end of the subway by which the footpath RS203 passes under the M2 as existing, including a bridge over Work <abbr title="Number">No.</abbr> 12K;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn167" class="schProv1"><num>Work No. 12A—</num><content>A railway (2,520 metres in length) on the northern side of the railway (Work <abbr title="Number">No.</abbr> 12) commencing by a junction with that railway at a point 50 metres east of its commencement, passing eastwards under Henhurst Road (Work <abbr title="Number">No.</abbr> 12D) and terminating by a junction with Work <abbr title="Number">No.</abbr> 12 at a point 515 metres east of the intended bridge carrying that road over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn168" class="schProv1"><num>Work No. 12B—</num><content>A railway (2,520 metres in length) on the southern side of the railway (Work <abbr title="Number">No.</abbr> 12) commencing by a junction with that railway at the said point 50 metres east of its commencement, passing eastwards under Henhurst Road (Work <abbr title="Number">No.</abbr> 12D) and terminating by a junction with Work <abbr title="Number">No.</abbr> 12 at the said point 515 metres east of the intended bridge carrying that road over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn169" class="schProv1"><num>Work No. 12C—</num><content>Diversion of Church Road commencing in that road at a point 170 metres north of the entrance from that road to St Margaret’s Church, Ifield Court, passing north-eastwards then south-eastwards and terminating by a junction with Henhurst Road (Work <abbr title="Number">No.</abbr> 12D) at a point 100 metres south of the southern abutment of the intended bridge carrying that road over the railways (Works <abbr title="Numbers">Nos.</abbr> 12, 12A and 12B);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn170" class="schProv1"><num>Work No. 12D—</num><content>Diversion of Henhurst Road, including a bridge over the railways (Works <abbr title="Numbers">Nos.</abbr> 12, 12A and 12B), commencing in that road at a point 40 metres south of its junction with the exit slip road from the westbound carriageway of the A2 and terminating in Henhurst Road at a point 60 metres north of the access from that road to Henhurst Cottage;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn171" class="schProv1"><num>Work No. 12E—</num><content>Diversion of Scotland Lane (Byway NS 195), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 12), commencing in Scotland Lane at a point 210 metres south of its existing junction with Watling Street (B395), passing north-eastwards then eastwards to a junction with the existing access to The Mount, then passing northwards over the railway and terminating by a junction with the new road (Work <abbr title="Number">No.</abbr> 12F) at a point 15 metres from the commencement of that work;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn172" class="schProv1"><num>Work No. 12F—</num><content>A road, forming a diversion of Watling Street (B395), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 12), commencing in that road at a point 130 metres south-east of the southern abutment of the bridge carrying that road over the A2, passing eastwards on the northern side of that road, then southwards over the railway and terminating by a junction with Halfpence Lane (C492) (Work <abbr title="Number">No.</abbr> 32C) at a point 80 metres north of its existing junction with Brewers Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn173" class="schProv1"><num>Work No. 12H—</num><content>Diversion of Brewers Road, including bridges over the railway (Work <abbr title="Number">No.</abbr> 12) and the A2, commencing in Brewers Road at its junction with Halfpence Lane (C492) passing eastwards, then north-eastwards over that railway and terminating in Brewers Road at a point 160 metres north-east of its junction with the slip roads to and from the eastbound carriageway of the A2;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn174" class="schProv1"><num>Work No. 12J—</num><content>An access road commencing by a junction with Brewers Road (Work <abbr title="Number">No.</abbr> 12H) at a point 55 metres south-west of the termination of that work, passing south-eastwards, then eastwards along the northern side of the A2 and terminating within the curtilage of Park Pale;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn175" class="schProv1"><num>Work No. 12K—</num><content>An access road to the Rochester and Cobham Park Golf Course, including a bridge over the A2, commencing by a junction with the access road (Work <abbr title="Number">No.</abbr> 12J) on the northern side of the A2 at a point 250 metres west of Park Pale, passing northwards and eastwards then southwards over that road and the A2 (including Works <abbr title="Numbers">Nos.</abbr> 31A, 31B, 34A and 35A), then westwards and southwards under the railway (Work <abbr title="Number">No.</abbr> 12), and terminating in the golf course south of the railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn176" class="schProv1"><num>Work No. 12L—</num><content>Diversion of an access road to Knights Place, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 12), commencing in the existing access road from the A2 at a point 170 metres south of that road, passing southwards over the railway and terminating in the existing access road at a point 110 metres north of the access from that road to Knights Cottage;In the city of Rochester-upon-Medway, town of Rochester and parish of Cuxton, in the borough of Tonbridge and Malling, parishes of Wouldham, Aylesford and Burham and in the borough of Maidstone, parishes of Boxley and Detling in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e5969"><heading> Strood to Detling</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn177" class="schProv1"><num>Work No. 13—</num><content>A railway (14,100 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 12) at its termination, passing south-eastwards, on the western side of the M2, over new roads (Works <abbr title="Numbers">Nos.</abbr> 36C, 36D and 36E) forming part of Junction 2 of the motorway, under the A228 (Rochester Road) (Work <abbr title="Number">No.</abbr> 36F), over the London and Chatham Railway, then on viaduct over the Strood and Maidstone Railway, the River Medway and Wouldham Road, then continuing south-eastwards on the western side of the M2 to a point at Nashenden Bottom, 120 metres north-west of the northern end of the go-kart racing track at Buckmore Park, south of Rochester Airport, then passing in tunnel (the North Downs Tunnel) for a distance of 3,190 metres beneath Blue Bell Hill and the North Downs, then passing south-eastwards under the Pilgrims Way (Work <abbr title="Number">No.</abbr> 13F), over Boarley Lane (Work <abbr title="Number">No.</abbr> 13G), then in tunnel for a distance of 330 metres beneath Boxley Road (Work <abbr title="Number">No.</abbr> 13H), continuing south-eastwards, under the A249 (Sittingbourne Road) (Work <abbr title="Number">No.</abbr> 13J), and Hockers Lane (Work <abbr title="Number">No.</abbr> 13K) and terminating at a point 270 metres east of the northern abutment of the bridge carrying Hockers Lane over the M20, including bridges over Works <abbr title="Numbers">Nos.</abbr> 36C, 36D and 36E, the London and Chatham Railway, the said viaduct, and a bridge over Work <abbr title="Number">No.</abbr> 13G;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn178" class="schProv1"><num>Work No. 13A—</num><content>Slip roads forming part of Junction 2 of the M2 pending widening of that motorway, being roads to be stopped up on the construction of the slip roads (Works <abbr title="Numbers">Nos.</abbr> 36A to 36D), comprising—</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn179" class="schProv1"><num>Work No. 13A(1)—</num><content>A road, forming an exit slip road from the existing eastbound carriageway of the M2, commencing in that carriageway at a point 75 metres south-east of the southern end of the subway by which the footpath RS 203 passes under the motorway, passing south-eastwards and terminating by a junction with the A228 (Rochester Road) (Work <abbr title="Number">No.</abbr> 13A(4)) at a point 70 metres east of the eastern abutment of the existing bridge carrying that road over the M2;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn180" class="schProv1"><num>Work No. 13A(2)—</num><content>A road, forming an entry slip road to the existing westbound carriageway of the M2, commencing in that carriageway at a point 345 metres south-east of the southern end of the subway by which the footpath NS 183 passes under the M2, passing south-eastwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 36C at a point 100 metres west of the southern end of the said subway for the footpath RS 203;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn181" class="schProv1"><num>Work No. 13A(3)—</num><content>A road forming an exit slip road from the existing westbound carriageway of the M2, commencing in that carriageway at a point 25 metres south-east of the southern abutment of the bridge carrying the M2 over the London and Chatham Railway, passing north-westwards under the railway (Work <abbr title="Number">No.</abbr> 13) and terminating by a junction with the western junction roundabout (part of Work <abbr title="Number">No.</abbr> 36E);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn182" class="schProv1"><num>Work No. 13A(4)—</num><content>A road, forming a diversion of the A228 (Rochester Road), commencing by a junction with the road (Work <abbr title="Number">No.</abbr> 36F) at a point 395 metres north-east of the commencement of that work, passing north-eastwards and eastwards and terminating by a junction with the A228 at a point 140 metres north-east of the junction with that road of the existing slip roads to the eastbound carriageway of the M2;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn183" class="schProv1"><num>Work No. 13B—</num><content>Diversion of Burham Road (D422) commencing by a junction with Wouldham Road at a point 30 metres south-west of the existing junction of those roads, passing south-eastwards and terminating by a junction with Burham Road 325 metres south of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn184" class="schProv1"><num>Work No. 13C—</num><content>Diversion of bridleway MR11 (Stony Lane), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 13), commencing in that bridleway at the northern end of the subway by which it passes under the M2, passing south-westwards under the M2, then north-westwards and south-westwards over the railway, then southwards and south-eastwards and terminating by a junction with Stony Lane at the north-eastern corner of Upper Nashenden Farm;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn185" class="schProv1"><num>Work No. 13D—</num><content>An access, for construction purposes, commencing by a junction with the existing westbound carriageway of the M2 at a point 160 metres north-west of the southern end of the existing subway by which Stony Lane passes under the motorway, passing north-westwards and westwards to the southern side of the railway (Work <abbr title="Number">No.</abbr> 13), passing south-eastwards on that side of the railway between chainages 4,000 and 4,190 metres, then passing eastwards, northwards and north-westwards and terminating by a junction with that carriageway of the motorway at a point 180 metres south-east of the bridge carrying Borstal Farm access over the M2;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn186" class="schProv1"><num>Work No. 13E—</num><content>Diversion of byway MR401, commencing by a junction with the byway at a point 160 metres south of its junction with Lower Warren Road, passing southwards over the railway (Work <abbr title="Number">No.</abbr> 13) in tunnel, then south-westwards and south-eastwards and terminating by a junction with byway MR401 at a point 225 metres south of that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn187" class="schProv1"><num>Work No. 13F—</num><content>Realignment of Pilgrims Way, including a bridge carrying that byway over the railway (Work <abbr title="Number">No.</abbr> 13), commencing in that byway at a point 85 metres east of the northern end of the subway by which the Pilgrims Way passes under the A229 (Chatham Road), passing eastwards then north-eastwards over the railway and terminating in that byway at a point 130 metres east of that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn188" class="schProv1"><num>Work No. 13G—</num><content>Diversion of Boarley Lane (D898) commencing in that road at a point 100 metres south of Boarley Cottage, passing southwards and south-eastwards under the railway (Work <abbr title="Number">No.</abbr> 13) and terminating in Boarley Lane at a point 50 metres north-east of the access to Boarley Oast;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn189" class="schProv1"><num>Work No. 13H—</num><content>Diversion of Boxley Road (C97) commencing in that road at its junction with Sandy Lane, passing north-westwards then north-eastwards over the railway (Work <abbr title="Number">No.</abbr> 13) in tunnel and terminating in that road at a point 50 metres north-east of the access to Street Farm, Boxley;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn190" class="schProv1"><num>Work No. 13J—</num><content>Realignment of the A249 (Sittingbourne Road), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 13), commencing in that road at a point 80 metres north-east of the junction with that road of the side road to Detling and terminating in Sittingbourne Road at a point 110 metres north of the northern abutment of the eastern bridge of the roundabout through which that road passes over the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn191" class="schProv1"><num>Work No. 13K—</num><content>Realignment of Hockers Lane, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 13), commencing in that road at a point 230 metres north of the northern abutment of the bridge carrying that road over the M20 and terminating in Hockers Lane at a point on that bridge 260 metres south of that commencement;In the borough of Maidstone, parishes of Detling, Thurnham, Hollingbourne, Broomfield, Harrietsham, Lenham and Boughton Malherbe, in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e6139"><heading> Detling to Lenham Heath</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn192" class="schProv1"><num>Work No. 14—</num><content>A railway (13,904 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 13) at its termination, passing south-eastwards over Thurnham Lane (Work <abbr title="Number">No.</abbr> 14A), Water Lane (Work <abbr title="Number">No.</abbr> 14B) and Crismill Lane (Work <abbr title="Number">No.</abbr> 14C), then over the Maidstone and Ashford Railway at a point 85 metres east of the bridge carrying the M20 over that railway, continuing south-eastwards in tunnel for a distance of 240 metres beneath the B2163 (Eyhorne Street) (Work <abbr title="Number">No.</abbr> 14D), then passing over Snagbrook Stream, under Hospital Road (Work <abbr title="Number">No.</abbr> 14E), over the A20 (Ashford Road) (Work <abbr title="Number">No.</abbr> 14F) and under Fairbourne Lane (Work <abbr title="Number">No.</abbr> 14H), over Bell Farm access (Work <abbr title="Number">No.</abbr> 14J), then under Runham Lane (Work <abbr title="Number">No.</abbr> 14K), Sandway Road (Work <abbr title="Number">No.</abbr> 14L), Old Ham Lane (Work <abbr title="Number">No.</abbr> 14M), in tunnel for a distance of 170 metres beneath Headcorn Road (Work <abbr title="Number">No.</abbr> 14N), then continuing under Boughton Road (Work <abbr title="Number">No.</abbr> 14P), Lenham Heath Road (Work <abbr title="Number">No.</abbr> 14Q) and Bowley Lane (Work <abbr title="Number">No.</abbr> 14S), over the Great Stour River at a point 40 metres north of the bridge carrying the M20 over that river, under the access road west of Hook Street (Work <abbr title="Number">No.</abbr> 14U) and terminating at a point 85 metres south of the junction of Bull Hill with Lenham Heath Road, including bridges over Works <abbr title="Numbers">Nos.</abbr> 14A, 14B and 14C, the Maidstone and Ashford Railway, Snagbrook Stream, Works <abbr title="Numbers">Nos.</abbr> 14F and 14J and the Great Stour River;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn193" class="schProv1"><num>Work No. 14A—</num><content>Diversion of Thurnham Lane commencing in that road at a point 10 metres north of the access from that road to Gorewood Farm, passing south-westwards and southwards under the railway (Work <abbr title="Number">No.</abbr> 14) and terminating in Thurnham Lane at a point 10 metres north of the southern side of the bridge carrying the M20 over that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn194" class="schProv1"><num>Work No. 14B—</num><content>Diversion of Water Lane commencing in that road at a point 185 metres north of the northern side of the bridge carrying the M20 over that road, passing south-westwards and southwards under the railway (Work <abbr title="Number">No.</abbr> 14) and terminating in Water Lane at a point 5 metres north of the southern side of that bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn195" class="schProv1"><num>Work No. 14C—</num><content>Diversion of bridleway KH134 (Crismill Lane) commencing in that bridleway at a point 30 metres south of the entrance to the Poer Meadow Shaw Pumping Station of the Mid-Kent Water Company, passing south-westwards, then south-eastwards and south-westwards under the railway (Work <abbr title="Number">No.</abbr> 14) and terminating in Crismill Lane at a point 5 metres north of the northern end of the subway by which that bridleway passes under the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn196" class="schProv1"><num>Work No. 14D—</num><content>Realignment of the B2163 (Eyhorne Street) commencing at a point in that road 140 metres north-east of the northern abutment of the bridge carrying that road over the M20, passing south-westwards over the railway (Work <abbr title="Number">No.</abbr> 14) in tunnel and terminating at a point 75 metres south-west of that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn197" class="schProv1"><num>Work No. 14E—</num><content>Diversion of Hospital Road (D971), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 180 metres north-east of the northern end of the subway by which that road passes under the M20, passing south-westwards, north-westwards, then south-westwards over the railway and south-eastwards and south-westwards and terminating in Hospital Road at a point 10 metres north-east of the southern end of that subway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn198" class="schProv1"><num>Work No. 14F—</num><content>Diversion of the A20 (Ashford Road) commencing in that road at a point 20 metres east of the southern side of the bridge carrying the M20 over that road west of Holm Mill, passing eastwards under the railway (Work <abbr title="Number">No.</abbr> 14), then south-eastwards on the northern side of Work <abbr title="Number">No.</abbr> 14 and terminating in the A20 at a point 25 metres south-east of its junction with Holm Mill Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn199" class="schProv1"><num>Work No. 14G—</num><content>Diversion of Greenway Court Road (D946) at its junction with the A20 (Ashford Road), commencing in Greenway Court Road at a point 110 metres north-east of its junction with Greenway Lane, passing south-westwards, then southwards on the eastern side of the existing road and terminating by a junction with the A20 (Work <abbr title="Number">No.</abbr> 14F) at a point 105 metres east of the intended bridge carrying the railway (Work <abbr title="Number">No.</abbr> 14) over that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn200" class="schProv1"><num>Work No. 14H—</num><content>Realignment of Fairbourne Lane, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 50 metres south of its junction with the A20 (Ashford Road), passing southwards over the railway and terminating at a point 45 metres south of the northern end of the bridge carrying that road over the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn201" class="schProv1"><num>Work No. 14J—</num><content>Diversion of the Bell Farm access from Sandway Road, Harrietsham, commencing by a junction with Sandway Road at a point 130 metres south-east of its junction with East Street, passing south-eastwards, then south-westwards and southwards under the railway (Work <abbr title="Number">No.</abbr> 14) and terminating in that access road at a point 35 metres south of the northern end of the subway by which it passes under the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn202" class="schProv1"><num>Work No. 14K—</num><content>Realignment of Runham Lane, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 60 metres south-west of its junction with Sandway Road, passing south-westwards over the railway and terminating in Runham Lane at a point 10 metres south-west of the north-eastern end of the bridge carrying that road over the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn203" class="schProv1"><num>Work No. 14L—</num><content>Diversion of Sandway Road (C92), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 180 metres south-east of its junction with Runham Lane, passing south-eastwards on the eastern side of Sandway Road, then southwards over the railway and terminating in that road at a point 190 metres north-west of its junction with Old Ham Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn204" class="schProv1"><num>Work No. 14M—</num><content>Diversion of Old Ham Lane (D986), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 360 metres north of its junction with Sandway Road and Lenham Heath Road, passing southwards over the railway and terminating in Old Ham Lane at that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn205" class="schProv1"><num>Work No. 14N—</num><content>Realignment of Headcorn Road commencing in that road at a point 220 metres north-east of its junction with Lenham Heath Road, passing south-westwards over the railway (Work <abbr title="Number">No.</abbr> 14) in tunnel and terminating in Headcorn Road at a point 130 metres north-east of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn206" class="schProv1"><num>Work No. 14P—</num><content>Realignment of Boughton Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14) commencing in that road at a point 140 metres north of its junction with Lenham Heath Road, passing southwards over the railway and terminating in Boughton Road at a point 70 metres north of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn207" class="schProv1"><num>Work No. 14Q—</num><content>Diversion of Lenham Heath Road (C92) at Sandway, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing in that road at a point 225 metres south-east of its junction with Boughton Road, passing south-eastwards then north-eastwards over the railway, then south-eastwards and eastwards and terminating in Lenham Heath Road at a point 590 metres north-west of its existing junction with Bowley Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn208" class="schProv1"><num>Work No. 14R—</num><content>Diversion of Lenham Heath Road (C92) at Chapel Mill commencing in that road at a point 260 metres north-west of its existing junction with Bowley Lane, passing south-eastwards over the Great Stour River and terminating in Lenham Heath Road at a point 310 metres south-east of that existing road junction, including a bridge over the Great Stour River;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn209" class="schProv1"><num>Work No. 14S—</num><content>Diversion of Bowley Lane at its junction with Lenham Heath Road, including bridges over the railway (Work <abbr title="Number">No.</abbr> 14) and the M20, commencing by a junction with Lenham Heath Road (Work <abbr title="Number">No.</abbr> 14R) at a point 225 metres south-east of the commencement of that work, passing southwards and south-westwards, over the railway and the motorway, and terminating in Bowley Lane at a point 165 metres south of the southern end of the existing bridge carrying that road over the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn210" class="schProv1"><num>Work No. 14T—</num><content>An access road, for construction purposes, commencing by a junction with the eastbound carriageway of the M20 at a point 75 metres north-west of the western side of the existing bridge carrying Bowley Lane over the motorway, passing south-eastwards and eastwards to a point on the southern side of the railway (Work <abbr title="Number">No.</abbr> 14) 220 metres south-east of the intended bridge carrying that road over the railway, then passing southwards and south-eastwards and terminating by a junction with that carriageway of the M20 at a point 210 metres north-west of the western side of the bridge carrying Hubbard’s Farm access road over the motorway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn211" class="schProv1"><num>Work No. 14U—</num><content>An access road on the line of Hubbard’s Farm access road west of Hook Street, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 14), commencing by a junction with Lenham Heath Road at a point 75 metres west of its junction with Bull Hill, passing southwards over the railway and terminating in the existing access road at the southern end of the bridge carrying it over the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn212" class="schProv1"><num>Work No. 14V—</num><content>An access road on the southern side of the railway (Work <abbr title="Number">No.</abbr> 14) commencing in the curtilage of Old Cottage, passing south-eastwards to a junction with the new road (Work <abbr title="Number">No.</abbr> 14U) at a point 120 metres south of its commencement, then continuing south-eastwards and terminating in the curtilage of Yew Tree Cottage off Hook Street (to be stopped up);In the borough of Maidstone, parish of Lenham, and in the borough of Ashford, town of Ashford and parishes of Charing, Hothfield and Westwell, in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e6402"><heading> Lenham Heath to Ashford Barracks</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn213" class="schProv1"><num>Work No. 15—</num><content>A railway (11,342 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 14) at its termination, passing south-eastwards under Egerton Road (Work <abbr title="Number">No.</abbr> 15C), Newlands Road (Work <abbr title="Number">No.</abbr> 15F) and Pluckley Road (Work <abbr title="Number">No.</abbr> 15G), passing eastwards in tunnel for a distance of 115 metres beneath Leacon Lane (Work <abbr title="Number">No.</abbr> 15J), and under the A20 (Maidstone Road) (Work <abbr title="Number">No.</abbr> 15K) then continuing south-eastwards over the M20 at a point 50 metres west of the bridge carrying the Maidstone and Ashford Railway over the motorway at Tutt Hill, passing under Westwell Lane (Work <abbr title="Number">No.</abbr> 15M) and over Station Road (Work <abbr title="Number">No.</abbr> 15N), under the A20 (Work <abbr title="Number">No.</abbr> 15P) and over Godinton Lane (Work <abbr title="Number">No.</abbr> 15Q) and terminating at a point in Rowcroft Barracks 530 metres north-west of the existing junction of Godinton Road with Chart Road, including bridges over the M20, Station Road and Godinton Lane;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn214" class="schProv1"><num>Work No. 15A—</num><content>A railway (2,576 metres in length) on the northern side of the railway (Work <abbr title="Number">No.</abbr> 15) commencing by a junction with that railway at a point 360 metres east of its commencement, passing eastwards under Egerton Road (Work <abbr title="Number">No.</abbr> 15C) and terminating by a junction with Work <abbr title="Number">No.</abbr> 15 at a point 125 metres north-west of the intended bridge carrying Newlands Road (Work <abbr title="Number">No.</abbr> 15F) over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn215" class="schProv1"><num>Work No. 15B—</num><content>A railway (2,576 metres in length) on the southern side of the railway (Work <abbr title="Number">No.</abbr> 15) commencing by a junction with that railway at the said point 360 metres east of its commencement, passing eastwards under Egerton Road (Work <abbr title="Number">No.</abbr> 15C) and terminating by a junction with Work <abbr title="Number">No.</abbr> 15 at the said point 125 metres north-west of the intended bridge carrying Newlands Road (Work <abbr title="Number">No.</abbr> 15F) over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn216" class="schProv1"><num>Work No. 15C—</num><content>Realignment of Egerton Road, including a bridge over the railways (Works <abbr title="Numbers">Nos.</abbr> 15, 15A and 15B), commencing in that road at a point 5 metres south-west of the southern end of the bridge carrying it over the M20, passing north-eastwards over those railways and terminating in Egerton Road at a point 130 metres north-east of its junction with Vicarage Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn217" class="schProv1"><num>Work No. 15D—</num><content>Realignment of Vicarage Lane commencing in that road at a point 65 metres north of its junction with Egerton Road and terminating at that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn218" class="schProv1"><num>Work No. 15E—</num><content>Diversion of Hurst Lane (D1198) at its junction with Newlands Road commencing in Hurst Lane at a point 260 metres north-west of that existing road junction, passing eastwards and terminating by a junction with Newlands Road (Work <abbr title="Number">No.</abbr> 15F) at a point 75 metres north of the said existing road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn219" class="schProv1"><num>Work No. 15F—</num><content>Realignment of Newlands Road (D1199), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 15), commencing in that road at a point 15 metres north of the northern abutment of the bridge carrying that road over the M20, passing northwards over the railway, then north-eastwards and terminating in Newlands Road at a point 135 metres north-east of its junction with Hurst Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn220" class="schProv1"><num>Work No. 15G—</num><content>Realignment of Pluckley Road (C493), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 15), commencing in that road at a point 25 metres south-west of the southern end of the bridge carrying it over the M20, passing north-eastwards and northwards over the motorway and the railway and terminating in Pluckley Road at a point 65 metres north of its existing junction with Leacon Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn221" class="schProv1"><num>Work No. 15H—</num><content>Diversion of Leacon Lane between Pluckley Road and Leacon Alders commencing by a junction with Pluckley Road at its existing junction with Leacon Lane, passing eastwards then south-eastwards under the railway (Work <abbr title="Number">No.</abbr> 15) and terminating in Leacon Lane at a point 195 metres west of the bridge carrying that road over the stream at Leacon Alders, including access to Oakover Nursery and Raywood Cottages and to the emergency access to the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn222" class="schProv1"><num>Work No. 15J—</num><content>Realignment of Leacon Lane east of Leacon Alders commencing in that road at a point 240 metres east of its junction with Hurstford Lane, passing north-eastwards over the railway (Work <abbr title="Number">No.</abbr> 15) in tunnel, and terminating in Leacon Lane at a point 200 metres south-west of its junction with the A20 (Maidstone Road);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn223" class="schProv1"><num>Work No. 15K—</num><content>Diversion of the A20 (Maidstone Road), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 15), commencing in that road at a point 25 metres north of its junction with Leacon Lane, passing south-eastwards over the railway on the western side of the existing road and terminating in the A20 at the north-western end of the bridge carrying that road over the M20, including access to Leda Cottages at a point 35 metres north-west of that termination;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn224" class="schProv1"><num>Work No. 15L—</num><content>A road for access to premises on the eastern side of the existing A20 commencing by a junction with the A20 (Work <abbr title="Number">No.</abbr> 15K) at a point on its eastern side 205 metres south-east of its commencement, passing eastwards, then south-eastwards and terminating by a junction with the remaining part of the existing road at a point 285 metres south-east of the commencement of Work <abbr title="Number">No.</abbr> 15K;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn225" class="schProv1"><num>Work No. 15M—</num><content>Diversion of Westwell Lane (D1227) commencing in that road at the southern end of the bridge carrying it over the M20, passing southwards on the eastern side of the existing road, then south-westwards over the Maidstone and Ashford Railway and the railway (Work <abbr title="Number">No.</abbr> 15), then passing south-eastwards and southwards and terminating in that road at a point 180 metres south of the southern abutment of the existing bridge carrying that road over the Maidstone and Ashford Railway, including a bridge over that railway and Work <abbr title="Number">No.</abbr> 15;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn226" class="schProv1"><num>Work No. 15N—</num><content>Realignment of Station Road, Westwell, commencing in that road at a point 15 metres south-west of the bridge carrying the Maidstone and Ashford Railway over that road, passing south-westwards under the railway (Work <abbr title="Number">No.</abbr> 15) and terminating in Station Road at a point 220 metres south-west of that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn227" class="schProv1"><num>Work No. 15P—</num><content>Diversion of the A20 (Maidstone Road), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 15), commencing in that road at a point 405 metres north-west of the entrance to Yonsea Farm, passing eastwards on the northern side of the existing road, over the railway, then south-eastwards and terminating in that road at a point at Potters Corner 25 metres south-east of the junction with that road of Godinton Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn228" class="schProv1"><num>Work No. 15Q—</num><content>Diversion of Godinton Lane commencing in that road at a point 225 metres south-west of its junction with the A20, passing south-westwards on the western side of the existing road, under the railway (Work <abbr title="Number">No.</abbr> 15) and terminating in Godinton Lane at a point 10 metres north-east of the access to North Lodge;In the borough of Ashford, town of Ashford and parish of Sevington, in the County of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e6602"><heading> Ashford Barracks to Sevington</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn229" class="schProv1"><num>Work No. 16—</num><content>A railway (4,535 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 15) at its termination, passing south-eastwards to a point 130 metres north-west of the existing junction of Godinton Road with Chart Road, then in tunnel for a distance of 565 metres beneath Chart Road (Work <abbr title="Number">No.</abbr> 16F) and Godinton Road (Works <abbr title="Numbers">Nos.</abbr> 16G and 16H), the railway (Work <abbr title="Number">No.</abbr> 16A) and the Maidstone and Ashford Railway (Work <abbr title="Number">No.</abbr> 16C), then under Beaver Road (Work <abbr title="Number">No.</abbr> 16N), over the Great Stour and the East Stour Rivers, the Ashford and Canterbury Railway and the railways (Works <abbr title="Numbers">Nos.</abbr> 16C and 16D), then over the railways (Works <abbr title="Numbers">Nos.</abbr> 16A and 16E), under Boys Hall Road (Work <abbr title="Number">No.</abbr> 16Q), and terminating at a point 225 metres west of the western side of the existing bridge carrying Bad Munstereifel Road over the Ashford and Folkestone Railway at Sevington, including bridges over Works <abbr title="Numbers">Nos.</abbr> 16A, 16C, 16D and 16E, the Great Stour and the East Stour Rivers, the Ashford and Canterbury Railway, and the Aylesford Stream (Work <abbr title="Number">No.</abbr> 16S);</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn230" class="schProv1"><num>Work No. 16A—</num><content>A railway (4,555 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 16) at a point 5 metres south-east of the commencement of that work, passing south-eastwards on the northern side of that railway, in tunnel for a distance of 405 metres beneath Chart Road (Work <abbr title="Number">No.</abbr> 16F), then passing southwards over the railway (Work <abbr title="Number">No.</abbr> 16) in tunnel, then south-eastwards and eastwards under Beaver Road (Work <abbr title="Number">No.</abbr> 16N), on existing bridges over the Great Stour and the East Stour Rivers, under Work <abbr title="Number">No.</abbr> 16, and Boys Hall Road (Work <abbr title="Number">No.</abbr> 16Q) and terminating by a junction with Work <abbr title="Number">No.</abbr> 16 at its termination, including bridges over Work <abbr title="Number">No.</abbr> 16K and the Aylesford Stream (Work <abbr title="Number">No.</abbr> 16S);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn231" class="schProv1"><num>Work No. 16B—</num><content>A railway (4,550 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 16) at a point 5 metres south-east of the commencement of that work, passing south-eastwards on the southern side of that railway, in tunnel for a distance of 475 metres beneath Chart Road (Work <abbr title="Number">No.</abbr> 16F) and Godinton Road (Works <abbr title="Numbers">Nos.</abbr> 16G and 16H), passing south-eastwards and eastwards under Beaver Road (Work <abbr title="Number">No.</abbr> 16N), on existing bridges over the Great Stour and East Stour Rivers, under Boys Hall Road (Work <abbr title="Number">No.</abbr> 16Q) and terminating by a junction with Work <abbr title="Number">No.</abbr> 16 at its termination, including bridges over Work <abbr title="Number">No.</abbr> 16K and the Aylesford Stream (Work <abbr title="Number">No.</abbr> 16S);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn232" class="schProv1"><num>Work No. 16C—</num><content>A railway (2,228 metres in length) commencing by a junction with the Maidstone and Ashford Railway at a point 200 metres north-west of the bridge carrying the Godinton Road over that railway, passing south-eastwards over the railway (Work <abbr title="Number">No.</abbr> 16) in tunnel, under Beaver Road (Work <abbr title="Number">No.</abbr> 16N), on existing bridges over the Great Stour and East Stour Rivers and terminating by a junction with the Ashford and Canterbury Railway at a point 70 metres east of the intended bridge carrying Work <abbr title="Number">No.</abbr> 16 over that railway, including a bridge over Work <abbr title="Number">No.</abbr> 16K;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn233" class="schProv1"><num>Work No. 16D—</num><content>A railway (954 metres in length), forming sidings on the Ashford and Canterbury and Ashford and Folkestone Railways, commencing at a point 45 metres south-east of the eastern abutment of the bridge carrying that railway over the East Stour River, passing south-eastwards on the southern side of the railway (Work <abbr title="Number">No.</abbr> 16C) to a junction with the Ashford and Canterbury Railway, then passing eastwards under the railway (Work <abbr title="Number">No.</abbr> 16) then south-eastwards and terminating at a point 125 metres north-west of the junction of Bentley Road with Hunter Avenue and Aylesford Place, including railway sidings;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn234" class="schProv1"><num>Work No. 16E—</num><content>A railway (748 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 16A) at a point 140 metres north-west of the intended bridge carrying the railway (Work <abbr title="Number">No.</abbr> 16) over that railway, passing south-eastwards under Work <abbr title="Number">No.</abbr> 16, on the northern side of Work <abbr title="Number">No.</abbr> 16A and terminating at a point 92 metres south-east of the eastern side of the existing Aylesford Place level crossing (to be stopped up), including railway sidings;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn235" class="schProv1"><num>Work No. 16F—</num><content>Realignment of the A28 (Chart Road) commencing in that road at a point 45 metres east of the junction of Hilton Road with that road, passing eastwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A and 16B) in tunnel and terminating in that road at a point 3 metres west of the western side of the bridge carrying the Maidstone and Ashford Railway over that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn236" class="schProv1"><num>Work No. 16G—</num><content>Realignment of Godinton Road (B2074) and Carlton Road (E1467) commencing by a junction with Chart Road (Work <abbr title="Number">No.</abbr> 16F) at the existing junction of that road with Godinton Road, passing south-eastwards on the line of that road over the railway (Work <abbr title="Number">No.</abbr> 16B) in tunnel, then passing south-westwards on the line of Carlton Road and terminating in that road at a point 63 metres south-west of its junction with Godinton Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn237" class="schProv1"><num>Work No. 16H—</num><content>A road commencing by a junction with Godinton Road (Work <abbr title="Number">No.</abbr> 16G) at a point 80 metres south-east of its existing junction with Chart Road, passing north-eastwards over the railways (Works Nos 16, 16A and 16B) in tunnel, then south-eastwards over the Maidstone and Ashford Railway (Work <abbr title="Number">No.</abbr> 16C) and terminating in Godinton Road at a point 45 metres north-west of its junction with James Street, including a bridge over the Maidstone and Ashford Railway (Work <abbr title="Number">No.</abbr> 16C);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn238" class="schProv1"><num>Work No. 16J—</num><content>Realignment of Bridge Road commencing in that road at a point 45 metres south-west of its existing junction with Godinton Road, passing north-eastwards, and terminating by a junction with Work <abbr title="Number">No.</abbr> 16G at that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn239" class="schProv1"><num>Work No. 16K—</num><content>An access road and cycle track commencing in Gasworks Lane at a point 30 metres south of its junction with the A292 (Elwick Road), passing south-westwards for a distance of 108 metres, on the western side of Gasworks Lane (to be stopped up), over the railway (Work <abbr title="Number">No.</abbr> 16), then continuing as a cycle track south-westwards, then eastwards and westwards, under the railways (Works <abbr title="Numbers">Nos.</abbr> 16A, 16B and 16C) and the Tonbridge and Ashford Railway, and terminating in Gasworks Lane at a point 10 metres south of the southern end of the existing bridge carrying that last mentioned railway over that road, including a bridge over Work <abbr title="Number">No.</abbr> 16;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn240" class="schProv1"><num>Work No. 16L—</num><content>A road commencing by a junction with Leacon Road at its junction with Norfolk Drive, passing eastwards and terminating by a junction with Gasworks Lane at a point 120 metres south of the southern end of the bridge carrying the Tonbridge and Ashford Railway over that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn241" class="schProv1"><num>Work No. 16M—</num><content>A cycle track commencing by a junction with the footpath AU 37 at a point 32 metres south of its junction with the A292 (Elwick Road), passing south-westwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A, 16B and 16C), the Maidstone and Ashford and the Tonbridge and Ashford Railways, then passing westwards, then eastwards and terminating by a junction with the footpath at a point 5 metres south-west of the southern end of the footbridge carrying that footpath over the Tonbridge and Ashford Railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn242" class="schProv1"><num>Work No. 16N—</num><content>Diversion of the A2070 (Beaver Road) commencing in that road at its junction with the A292 (Elwick Road and Station Road), passing southwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A, 16B and 16C) and terminating in the A2070 at its junction with the Romney Marsh Road, including a bridge over the said railways and a junction roundabout at that termination;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn243" class="schProv1"><num>Work No. 16P—</num><content>A cycle track commencing at the southern end of Alsops Road, passing eastwards, then westwards and eastwards, then southwards over the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A and 16B) and the Ashford and Folkestone Railway, then continuing westwards and eastwards and terminating by a junction with Crowbridge Road at a point 60 metres west of the junction of that road with Gladstone Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn244" class="schProv1"><num>Work No. 16QQ—</num><content>Diversion of Boys Hall Road and Canterbury Road (E1466), including a bridge over the Ashford and Folkestone Railway in place of the existing bridge over that railway and over the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A and 16B) and the new road (Work <abbr title="Number">No.</abbr> 16RR), commencing in Boys Hall Road at a point 215 metres north-east of the existing junction of Crowbridge Road with that road, passing south-westwards over Works <abbr title="Numbers">Nos.</abbr> 16, 16A and 16B, the Ashford and Folkestone Railway and Work <abbr title="Number">No.</abbr> 16RR on the eastern side of the existing road and terminating in Canterbury Road at a point 150 metres south-west of that existing road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn245" class="schProv1"><num>Work No. 16RR—</num><content>A road, forming in part a realignment of Crowbridge Road (D4488), commencing in that road at a point 230 metres north-west of its existing junction with Canterbury Road, passing south-eastwards under Work <abbr title="Number">No.</abbr> 16QQ then passing southwards, south-westwards and south-eastwards and terminating at a roundabout in the northern corner of Orbital Park, Ashford, at a point 520 metres north-west of the junction of Bad Munstereifel Road (Work <abbr title="Number">No.</abbr> 17A) with the access road to Orbital Park, Ashford;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn246" class="schProv1"><num>Work No. 16RR(1)—</num><content>A road commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 16QQ) at a point 40 metres north-east of the junction of Mead Road with Canterbury Road, passing south-eastwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 16RR at a point 120 metres south-east of that road junction;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn247" class="schProv1"><num>Work No. 16S—</num><content>A cut, forming a diversion of the Aylesford Stream, commencing in that stream at a point 185 metres upstream from the northern side of the bridge carrying the Ashford and Folkestone Railway over that stream, passing westwards under the railways (Works <abbr title="Numbers">Nos.</abbr> 16, 16A and 16B) and terminating in that stream at a point 5 metres north of the southern side of the said bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn248" class="schProv1"><num>Work No. 16T—</num><content>A railway (1,201 metres in length), forming sidings, commencing by a junction with the Ashford to Canterbury Railway at a point 4 metres south of the southern side of the bridge carrying Hythe Road over that railway, passing southwards, westwards then north-westwards and terminating in the Ashford Goods Yard at a point 200 metres east of the south-western side of the bridge carrying the Ashford to Folkestone Railway over the East Stour river;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn249" class="schProv1"><num>Work No. 16U—</num><content>A railway (100 metres in length), forming a cross-over, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 16E) at a point 60 metres west of the junction of Bentley Road with Hunter Avenue and Aylesford Place, passing south-eastwards and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 16A) at a point 85 metres south of that road junction;In the borough of Ashford, parishes of Sevington, Mersham, Smeeth and Aldington, and in the district of Shepway, parishes of Sellindge, Stanford, Saltwood and Postling, in the county of Kent—</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn250" class="schProv1"><num>Work No. 17—</num><content>A railway (12,300 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 16) at its termination, passing south-eastwards on the northern side of the Ashford and Folkestone Railway, under Bad Munstereifel Road (Work <abbr title="Number">No.</abbr> 17A) and Highfield Lane (Work <abbr title="Number">No.</abbr> 17C), over Blind Lane (Work <abbr title="Number">No.</abbr> 17D), then in tunnel beneath Church Road, Mersham for a distance of 160 metres, then passing eastwards, under Station Road, Smeeth (Work <abbr title="Number">No.</abbr> 17H), over Church Lane, Sellindge, (Work <abbr title="Number">No.</abbr> 17K), then on the southern side of the Sellindge Converter Station, under Harringe Lane (Work <abbr title="Number">No.</abbr> 17L), over the A20 (Ashford Road) at Sellindge (Work <abbr title="Number">No.</abbr> 17M) and the East Stour River west of Stone Street, Westenhanger, under the B2068 Link Road (Work <abbr title="Number">No.</abbr> 17P) and the A20 (Ashford Road) (Work <abbr title="Number">No.</abbr> 17Q) to a point alongside the western portal of the tunnel on the Ashford and Folkestone Railway beneath the access to Sandling Park, then in tunnel for a distance of 90 metres beneath that access and terminating at a point 427 metres east of the eastern portal of that tunnel at the access to Sandling Park, including bridges over Works <abbr title="Numbers">Nos.</abbr> 17D, 17K and 17M;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn251" class="schProv1"><num>Work No. 17A—</num><content>Realignment of Bad Munstereifel Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge over that railway, commencing in that road at a point 330 metres north-east of the north-eastern abutment of the said existing bridge passing south-westwards over the two railways and terminating in that road at a point 420 metres south-west of the south-western abutment of that existing bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn252" class="schProv1"><num>Work No. 17B—</num><content>Diversion of Highfield Lane and Church Road north of the bridge carrying Highfield Lane over the Ashford and Folkestone Railway, commencing in Church Road at a point 260 metres south of its junction with Bad Munstereifel Road, passing southwards, then eastwards on the line of Church Road to its junction with Highfield Lane, then passing north-eastwards on the line of that road to a point 120 metres north-east of that road junction, then passing eastwards and terminating by a junction with Highfield Lane (Work <abbr title="Number">No.</abbr> 17C) at a point 120 metres south-west of the commencement of that work;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn253" class="schProv1"><num>Work No. 17C—</num><content>A new road, forming a diversion of Highfield Lane and Church Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge carrying Highfield Lane over that railway, commencing by a junction with Highfield Lane at a point 260 metres north-east of its existing junction with Church Road, passing westwards, then south-westwards and southwards on the eastern side of the existing road, over the two railways, and terminating by a junction with Highfield Lane at a point 40 metres south of the access from that road to The Dean;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn254" class="schProv1"><num>Work No. 17C(1)—</num><content>A road for access to premises on the eastern side of Highfield Lane south of the Ashford and Folkestone Railway, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 17C) at a point 100 metres north of the termination of that work, passing eastwards and terminating by a junction with the remaining part of Highfield Lane at a point 80 metres north of the access to The Dean;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn255" class="schProv1"><num>Work No. 17D—</num><content>Realignment of Blind Lane commencing in that road at a point 180 metres north-east of the existing bridge carrying the Ashford and Tonbridge Railway over that road, passing under that railway and the railway (Work <abbr title="Number">No.</abbr> 17) and terminating in Blind Lane at a point 90 metres south-west of the said existing bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn256" class="schProv1"><num>Work No. 17E—</num><content>A tunnel over the Ashford and Folkestone Railway coterminous with the tunnel forming part of the railway (Work <abbr title="Number">No.</abbr> 17), beneath Church Road, Mersham (Work <abbr title="Number">No.</abbr> 17F);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn257" class="schProv1"><num>Work No. 17F—</num><content>A road, forming a diversion of Church Road, Mersham, commencing in that road at a point 240 metres south-west of its junction with Bower Road, passing south-westwards and southwards on the eastern side of the existing road, over the railway (Work <abbr title="Number">No.</abbr> 17) in tunnel and the Ashford and Folkestone Railway in tunnel (Work <abbr title="Number">No.</abbr> 17E), and terminating in Church Road at a point 190 metres north of its junction with Jemmett Lane;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn258" class="schProv1"><num>Work No. 17G—</num><content>A road for access to premises on the western side of Church Road, Mersham, north of the Ashford and Folkestone Railway, commencing in the remaining part of Church Road at a point opposite Bridge Cottage and terminating by a junction with Church Road (Work <abbr title="Number">No.</abbr> 17F) at a point 180 metres south-west of its commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn259" class="schProv1"><num>Work No. 17H—</num><content>Diversion of the B2069 (Station Road, Smeeth), including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge carrying that road over that railway, commencing in Station Road at a point 260 metres south-west of the access to Park Wood Cottage, passing northwards on the western side of the existing road over the two railways, and terminating in Station Road at a point 130 metres north of the northern abutment of that existing bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn260" class="schProv1"><num>Work No. 17J(1)—</num><content>A cut, forming a diversion of a tributary of the East Stour River west of Church Lane, Sellindge, commencing in that stream at a point 130 metres east of the northern end of the culvert by which it passes under the Ashford and Folkestone Railway, passing westwards, then southwards and terminating in that stream at a point 10 metres north of the northern end of that culvert;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn261" class="schProv1"><num>Work No. 17J(2)—</num><content>A cut, forming a diversion of the East Stour River, commencing in that river at a point 60 metres south-west of the southern end of the culvert by which that river passes under the Ashford and Folkestone Railway 290 metres east of Grove Bridge, passing eastwards then southwards and terminating in that river at a point 80 metres south of the southern end of the culvert by which that river passes under that railway 750 metres east of Grove Bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn262" class="schProv1"><num>Work No. 17J(3)—</num><content>A cut, forming a diversion of the East Stour River at Westenhanger, commencing in that river at the northern end of the culvert by which that river passes under the Ashford and Folkestone Railway west of Stone Street, passing eastwards on the northern side of the railway (Work <abbr title="Number">No.</abbr> 17), and terminating in that river at a point 170 metres north-east of that commencement;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn263" class="schProv1"><num>Work No. 17K—</num><content>A diversion of Church Lane, Sellindge, commencing in that road at a point 20 metres north of the northern side of the existing bridge carrying the Ashford and Folkestone Railway over that road, passing south-eastwards under the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway and terminating in Church Lane at a point 280 metres south of the southern side of that existing bridge;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn264" class="schProv1"><num>Work No. 17L—</num><content>A realignment of Harringe Lane, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge carrying that road over that railway, commencing in that road at a point 50 metres north of the northern end of the bridge carrying that road over the M20, passing southwards over the motorway and over the two railways and terminating in Harringe Lane at a point 50 metres north of the bridge carrying that road over the East Stour River;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn265" class="schProv1"><num>Work No. 17M—</num><content>Realignment of the A20 (Ashford Road) at Sellindge commencing in that road at the southern side of the bridge carrying the M20 over that road, passing southwards on the line of the A20, under the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway, and terminating in that road at a point 50 metres south of the southern side of the bridge carrying that last-mentioned railway over that road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn266" class="schProv1"><num>Work No. 17N—</num><content>A road commencing by a junction with Stone Street at a point 80 metres west of the southern end of the bridge carrying the emergency services access road over the M20 at Stanford, passing south-eastwards then eastwards on the northern side of the railway (Work <abbr title="Number">No.</abbr> 17), then northwards, and terminating by a junction with the roundabout at Junction 11 of the M20 at a point 70 metres west of the junction with that roundabout of the westbound slip road of the B2068 Link Road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn267" class="schProv1"><num>Work No. 17P—</num><content>Realignment of the B2068 Link Road, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge carrying that road over that railway, commencing in that road at the existing junction of that road with the roundabout at Junction 11 of the M20, passing southwards over those two railways and terminating in that road at the existing roundabout at its junction with the A20 (Ashford Road);</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn268" class="schProv1"><num>Work No. 17Q—</num><content>Diversion of the A20 (Ashford Road) at Sandling, including a bridge over the railway (Work <abbr title="Number">No.</abbr> 17) and the Ashford and Folkestone Railway in place of the existing bridge carrying that road over that railway, commencing in that road at the existing roundabout at its junction with the B2068 Link Road, passing north-eastwards over those two railways and terminating in that road at a point 220 metres north-east of the northern abutment of that existing bridge;In the district of Shepway, parishes of Saltwood and Newington and town of Folkestone, in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e7132"><heading> Saltwood to Folkestone</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn269" class="schProv1"><num>Work No. 18A—</num><content>A railway (3,476 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 17) at its termination, passing eastwards under Sandling Road (Work <abbr title="Number">No.</abbr> 18H) on the northern side of the Ashford and Folkestone Railway and the northern side of the Dollands Moor Freight Yard, then under the roundabout (part of Work <abbr title="Number">No.</abbr> 18J) and terminating at a point on the western side of the M20 at Newington 215 metres south-west of the junction of Newington Road with the A20;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn270" class="schProv1"><num>Work No. 18AA—</num><content>A railway (1,700 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 18A) at its termination, passing eastwards over the M20 and the A20 and an access road within the Channel Tunnel Terminal and terminating by a junction with the Eurotunnel Railway at a point 1,430 metres east of the western end of the bridge carrying that railway over the A20, including bridges over the M20, the A20 and the said access road;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn271" class="schProv1"><num>Work No. 18B—</num><content>A railway (4,400 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 17) at its termination, passing eastwards on the northern side of the Ashford and Folkestone Railway, under Sandling Road (Work <abbr title="Number">No.</abbr> 18H), then over the Saltwood Tunnel on that railway, continuing on the southern side of that railway and the Dollands Moor Freight Yard, over the railway (Work <abbr title="Number">No.</abbr> 18E), under the B2065 (Hythe Road) (Work <abbr title="Number">No.</abbr> 18J), on existing bridges over the M20 and the A20 and terminating by a junction with the Eurotunnel Railway at a point 570 metres east of the eastern end of the bridge carrying that railway over the A20, including a bridge over Work <abbr title="Number">No.</abbr> 18E;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn272" class="schProv1"><num>Work No. 18C—</num><content>A railway (1,591 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 18B) at chainage 369 metres, passing eastwards on the southern side of the railway (Work <abbr title="Number">No.</abbr> 18A), then south-eastwards and terminating by a junction with the northern sidings of the Dollands Moor Freight Yard at a point 370 metres east of the eastern portal of the Saltwood Tunnel;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn273" class="schProv1"><num>Work No. 18D—</num><content>A railway (352 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 18A) at chainage 588 metres, passing eastwards and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 18C) at chainage 571 metres;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn274" class="schProv1"><num>Work No. 18E—</num><content>A deviation railway (2,136 metres in length), forming a diversion of the Ashford and Folkestone Railway, commencing by a junction with that railway at the eastern portal of the Saltwood Tunnel, passing eastwards under the railway (Work <abbr title="Number">No.</abbr> 18B) and the B2065 (Hythe Road) (Work <abbr title="Number">No.</abbr> 18J) and terminating by a junction with the Ashford and Folkestone Railway at a point 470 metres west of the bridge carrying Cheriton High Street over that railway;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn275" class="schProv1"><num>Work No. 18F—</num><content>A railway (1,423 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 18E) at chainage 150 metres, passing eastwards under the B2065 (Hythe Road) (Work <abbr title="Number">No.</abbr> 18J), and terminating by a junction with the Eurotunnel Railway at a point 365 metres east of the existing bridge carrying that road over the Dollands Moor Freight Yard;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn276" class="schProv1"><num>Work No. 18G—</num><content>A railway (1,272 metres in length) commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 18E) at chainage 750 metres, passing eastwards under the B2065 (Hythe Road) (Work <abbr title="Number">No.</abbr> 18J) and terminating by a junction with the railway (Work <abbr title="Number">No.</abbr> 18B) at a point 90 metres east of the western end of the bridge carrying that railway over the M20;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn277" class="schProv1"><num>Work No. 18H—</num><content>Realignment of Sandling Road, including a bridge over the railways (Works <abbr title="Numbers">Nos.</abbr> 18A and 18B), commencing in that road at the bridge carrying that road over the Ashford and Folkestone Railway, passing north-westwards over those railways and terminating in Sandling Road at a point 140 metres south-east of the junction of that road with the A20 (Ashford Road), including a bridge over Works <abbr title="Numbers">Nos.</abbr> 18A and 18B;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn278" class="schProv1"><num>Work No. 18J—</num><content>Realignment of the B2065 (Hythe Road), including a roundabout at the junction of that road with the exit slip road from the Channel Tunnel Terminal (Work <abbr title="Number">No.</abbr> 18K) and bridges carrying that roundabout over the railway (Work <abbr title="Number">No.</abbr> 18A), commencing in the B2065 at a point 183 metres south of the centre of the roundabout at the Beechborough Cross Roads, passing southwards over Work <abbr title="Number">No.</abbr> 18A, then on viaduct over Dollands Moor Freight Yard and over the railways (Works <abbr title="Numbers">Nos.</abbr> 18B, 18E, 18F and 18G) and terminating in the B2065 at a point 215 metres north of its junction with the bridleway HE 260, including the said roundabout bridges and viaduct;</content></paragraph><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn279" class="schProv1"><num>Work No. 18K—</num><content>A road commencing by a junction with the north-eastern side of the roundabout (part of Work <abbr title="Number">No.</abbr> 18J), passing north-eastwards and eastwards and terminating by a junction with the exit slip road from the Channel Tunnel Terminal at a point 250 metres from the western end of the bridge carrying that road over the M20;In the London Borough of Hammersmith and Fulham—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e7286"><heading> White City Sidings</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn280" class="schProv1"><num>Work No. 19—</num><content>A railway (1,050 metres in length), forming a diversion of the northbound track of the West London Line between North Pole Junction and Kensington Olympia, commencing by a junction with that railway at a point 25 metres south-east of the bridge over that railway beneath Westway west of the junction of that road with West Cross Route, passing south-eastwards on the western side of that railway under the bridge carrying the Hammersmith and City Line of the London Underground over that railway and terminating by a junction with the West London Line at a point 170 metres north of the northern portal of the tunnel in which that railway passes beneath the junction of West Cross Route with Holland Park Avenue, Shepherds Bush Green and the Uxbridge Road;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn281" class="schProv1"><num>Work No. 19A—</num><content>A railway (715 metres in length), forming a siding of the West London Line, commencing by a junction with the railway (Work <abbr title="Number">No.</abbr> 19) at its commencement, passing south-eastwards on the eastern side of that railway, under the bridge carrying the Hammersmith and City Line of the London Underground over that railway and terminating at a point 258 metres south of the southern side of the said railway bridge;In the borough of Gravesham, parishes of Shorne and Higham, in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e7307"><heading> Hoo Sidings</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn282" class="schProv1"><num>Work No. 20A—</num><content>A railway (1,111 metres in length), forming sidings of the Gravesend and Higham Railway at Hoo Junction, commencing by a junction with that railway on the eastern side of the Queens Farm Road level crossing on that railway, passing eastwards on the northern side of that railway, then north-eastwards on the southern side of the Grain Branch of that railway and terminating at a point 120 metres south of the south-western abutment of the bridge carrying that railway over the former Thames and Medway Canal;</content></paragraph></hcontainer><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn283" class="schProv1"><num>Work No. 20B—</num><content>A railway (827 metres in length), forming sidings of the Gravesend and Higham Railway at Hoo Junction, commencing by a junction with that railway on the eastern side of the Queens Farm Road level crossing on that railway, passing eastwards then south-eastwards on the southern side of that railway and terminating at the eastern end of the existing siding of that railway, including railway sidings;In the districts of Dover and Thanet, parishes of Minster and Sandwich, in the county of Kent—</content></paragraph><hcontainer name="subheading" class="schGroup7" eId="d25e7325"><heading> Richborough Sidings</heading><paragraph eId="schedule-1-crossheading-description-of-works_paragraph-Workn284" class="schProv1"><num>Work No. 21—</num><content>A railway (1,139 metres in length), forming sidings at the Richborough Power Station at Stonelees, commencing by a junction with the Margate and Dover Railway at a point 530 metres north-west of the north-western abutment of the bridge carrying that railway over the River Stour, passing south-eastwards and terminating at a point 470 metres west of the north-western end of the culvert carrying the A256 (Ramsgate Road) over Minster Stream, including railway sidings.</content></paragraph></hcontainer></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-1-crossheading-interpretation"><heading> Interpretation</heading><paragraph eId="schedule-1-paragraph-2" class="schProv1"><num>2</num><content>In paragraph 1 above—<blockList class="unordered none" ukl:Name="UnorderedList" ukl:Decoration="none"><item>references to the Tilbury Loop Railway are references to the Tilbury Line of the London Tilbury and Southend Railway;</item><item>references to the M2 and the M20 are references to the special roads so designated;</item><item>references to the A13 and the A20 are references to the trunk roads so designated and references to the intended A13 are to a new road to be constructed in substitution for part of the A13; and</item></blockList><blockContainer ukl:Name="BlockText">“<term refersTo="#term-westbound" eId="term-westbound">westbound</term>” in any description of the direction of road or railway traffic signifies travel in the direction of London, whether or not London is the destination, and “<term refersTo="#term-eastbound" eId="term-eastbound">eastbound</term>” signifies travel in the opposite direction.</blockContainer></content></paragraph></hcontainer></hcontainer><hcontainer name="schedule" eId="schedule-2"><num>SCHEDULE 2<authorialNote class="referenceNote">Section 2.</authorialNote></num><heading> Works: Further and Supplementary Provisions</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-2-crossheading-subsidiary-works"><heading> Subsidiary works</heading><paragraph eId="schedule-2-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-2-paragraph-1-1"><num>(1)</num><intro>The nominated undertaker may, for the purposes of or in connection with the scheduled works, do any of the following within the limits of deviation for those works or within the limits of land to be acquired or used—</intro><level class="para1" eId="schedule-2-paragraph-1-1-a"><num>(a)</num><content>make, provide and maintain all such approaches, bridges, subways, interchanges, roundabouts, turning places, lifts, stairs, escalators, ramps, passages, means of access, shafts, stagings, buildings, apparatus, plant and machinery as may be necessary or convenient,</content></level><level class="para1" eId="schedule-2-paragraph-1-1-b"><num>(b)</num><content>make junctions and communications (including the provision of steps or ramps for the use of persons on foot) with any highway or access way intersected or interfered with by, or contiguous to, any of those works, and widen or alter any highway or access way for the purpose of connecting it with any of those works or another highway, or of crossing under or over the highway or access way,</content></level><level class="para1" eId="schedule-2-paragraph-1-1-c"><num>(c)</num><content>construct, provide and maintain all such embankments, aprons, abutments, retaining walls, wing walls, culverts and other works as may be necessary or convenient,</content></level><level class="para1" eId="schedule-2-paragraph-1-1-d"><num>(d)</num><content>alter or remove any structure erected upon any highway or adjoining land,</content></level><level class="para1" eId="schedule-2-paragraph-1-1-e"><num>(e)</num><content>alter the position of apparatus, including mains, sewers, drains and cables,</content></level><level class="para1" eId="schedule-2-paragraph-1-1-f"><num>(f)</num><content>alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses, and</content></level><level class="para1" eId="schedule-2-paragraph-1-1-g"><num>(g)</num><content>carry out and maintain such other works, of whatever description, as may be necessary or expedient.</content></level></subparagraph><subparagraph eId="schedule-2-paragraph-1-2"><num>(2)</num><content>Sub-paragraph (1) above shall not authorise the making of any cut for drainage purposes which is more than 3.35 metres wide at the bottom.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-2-crossheading-highway-accesses"><heading> Highway accesses</heading><paragraph eId="schedule-2-paragraph-2" class="schProv1"><num>2</num><intro>Without prejudice to paragraph 1(1)(b) above, the nominated undertaker may, for the purposes of or in connection with the works authorised by this Part of this Act—</intro><level class="para1" eId="schedule-2-paragraph-2-a"><num>(a)</num><content>form and lay out means of access, and</content></level><level class="para1" eId="schedule-2-paragraph-2-b"><num>(b)</num><content>improve existing means of access,</content></level><wrapUp>in the locations shown on the deposited plans.</wrapUp></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-2-crossheading-overhead-line-diversions"><heading> Overhead line diversions</heading><paragraph eId="schedule-2-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-2-paragraph-3-1"><num>(1)</num><content>Without prejudice to paragraph 1(1)(e) above, the nominated undertaker may, for the purposes of, or in connection with, the works authorised by this Part of this Act, undertake the electric line diversions specified in the following table.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th><default:th>(3)</default:th></default:tr><default:tr><default:th>Area</default:th><default:th>Overhead line to be taken down</default:th><default:th>New overhead line to be provided</default:th></default:tr><default:tr><default:th colspan="3">GREATER LONDON</default:th></default:tr><default:tr><default:td>London Borough of Barking and Dagenham</default:td><default:td>Barking corridor 275kV overhead electric cable (ZBA) between points EC106, EC107 and EC108</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC106, EC109 and EC108 or thereabouts.</default:td></default:tr><default:tr><default:td>London Borough of Barking and Dagenham and London Borough of Havering</default:td><default:td>Barking corridor 275kV overhead electric cable (ZBA) between points EC87, EC88, EC89, EC1, EC2, EC3, EC4, EC5, EC6, EC7, EC8, EC9, EC10, EC11 and EC12</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC87, EC90, EC91, EC13, EC92, EC93, EC94, EC95, EC18, EC19, EC20, EC21, EC22 and EC12 or thereabouts.</default:td></default:tr><default:tr><default:td>London Borough of Havering</default:td><default:td>Havering overhead electric cable (ZBA) between points EC23, EC24 and EC25</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC23, EC26 and EC25 or thereabouts.</default:td></default:tr><default:tr><default:th colspan="3">COUNTY OF ESSEX</default:th></default:tr><default:tr><default:td>Borough of Thurrock</default:td><default:td>Purfleet Road 400kV overhead electric cable (ZR) between points EC103, EC27, EC28, EC29 and EC30</default:td><default:td>New overhead electric cable to be provided on land within the points EC103, EC27, EC28, EC29 and EC30 relevant limits between points EC103, EC104, EC28, EC105 and EC30 or thereabouts.</default:td></default:tr><default:tr><default:td/><default:td>Aveley 275kV overhead electric cable (ZBA) between points EC96, EC97, EC98 and EC99</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC96, EC100, EC101, EC102 and EC99 or thereabouts.</default:td></default:tr><default:tr><default:th colspan="3">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Dartford, Parish of Swanscombe and Greenhithe</default:td><default:td>Dartford 132kV overhead electric cable (south) (PK) between points EC48, EC49 and EC50</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC48, EC51, EC52 and EC50 or thereabouts.</default:td></default:tr><default:tr><default:td>Borough of Dartford, Parish of Swanscombe and Greenhithe and Borough of Gravesham, Town of Gravesend</default:td><default:td>Dartford 132kV overhead electric cable (north) (PJ) between points EC40, EC41, EC42, EC43 and EC44</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC40, EC45, EC42, EC46, EC47 and EC44 or thereabouts.</default:td></default:tr><default:tr><default:td>Borough of Dartford, Parish of Southfleet and Borough of Gravesham, Town of Gravesend</default:td><default:td>Dartford 400kV overhead electric cable (4TP) between points EC53, EC54, EC55 and EC56</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC53, EC57, EC58 and EC56 or thereabouts.</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Town of Gravesend and Borough of Dartford, Parish of Swanscombe and Greenhithe</default:td><default:td>Gravesend 400kV overhead electric cable (ZR) between points EC33, EC34, EC35 and EC36</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC33, EC37, EC38, EC39 and EC36 or thereabouts.</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Town of Gravesend</default:td><default:td>Pepper Hill 400kV overhead electric cable (YN) between points EC59, EC60, EC61 and EC62</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC59, EC63, EC64, EC65 and EC62 or thereabouts.</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Shorne</default:td><default:td>Singlewell 400kV overhead electric cable (4YN) between points EC66, EC67 and EC68</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC66, EC69 and EC68 or thereabouts.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Boxley</default:td><default:td>Pilgrims Way 400kV overhead electric cable (TP) between points EC70, EC71 and EC72</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC70, EC73, EC74 and EC72 or thereabouts.</default:td></default:tr><default:tr><default:td/><default:td>Boxley 132kV overhead electric cable (PN) between points EC75, EC76, EC77 and EC78</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC75, EC76, EC79 and EC78 or thereabouts.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Aldington</default:td><default:td>Sellindge 400kV overhead electric cable (VO) between points EC80 and EC81</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC80, EC82 and EC81 or thereabouts.</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Sellindge</default:td><default:td>Sellindge East 132kV overhead electric cable (PV) between points EC83, EC84 and EC85</default:td><default:td>New overhead electric cable to be provided on land within the relevant limits between points EC83, EC86 and EC85 or thereabouts.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></subparagraph><subparagraph eId="schedule-2-paragraph-3-2"><num>(2)</num><content>In sub-paragraph (1) above, references to land within the relevant limits are to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-2-crossheading-mitigation-and-protection-works"><heading> Mitigation and protection works</heading><paragraph eId="schedule-2-paragraph-4" class="schProv1"><num>4</num><intro>The nominated undertaker may within the limits of deviation for the scheduled works or within the limits of land to be acquired or used—</intro><level class="para1" eId="schedule-2-paragraph-4-a"><num>(a)</num><content>carry out and maintain landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of any of the works authorised by this Part of this Act, and</content></level><level class="para1" eId="schedule-2-paragraph-4-b"><num>(b)</num><content>carry out and maintain works for the benefit or protection of land affected by any of the works authorised by this Part of this Act.</content></level></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-2-crossheading-euston-road-and-york-way-improvement-works"><heading> Euston Road and York Way improvement works</heading><paragraph eId="schedule-2-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-2-paragraph-5-1"><num>(1)</num><intro>The nominated undertaker may, within the limits of deviation for the scheduled works or within the limits of land to be acquired or used, carry out in Euston Road and York Way in the London Borough of Camden and their side roads, works for—</intro><level class="para1" eId="schedule-2-paragraph-5-1-a"><num>(a)</num><content>the variation of the relative widths of carriageways and footways, or</content></level><level class="para1" eId="schedule-2-paragraph-5-1-b"><num>(b)</num><content>the division, or variation of the division, of carriageways (including the provision, or variation, of central reservations),</content></level><wrapUp>and works ancillary to any such works.</wrapUp></subparagraph><subparagraph eId="schedule-2-paragraph-5-2"><num>(2)</num><content>The nominated undertaker may alter or remove any works executed by it under this paragraph.</content></subparagraph><subparagraph eId="schedule-2-paragraph-5-3"><num>(3)</num><content>The exercise of the powers conferred by this paragraph shall be subject to the consent of the council of the London Borough of Camden, such consent not to be unreasonably withheld.</content></subparagraph><subparagraph eId="schedule-2-paragraph-5-4"><num>(4)</num><content>Any dispute with the council of the London Borough of Camden under sub-paragraph (3) above shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-2-crossheading-underpinning-of-buildings"><heading> Underpinning of buildings</heading><paragraph eId="schedule-2-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-2-paragraph-6-1"><num>(1)</num><content>This paragraph applies where it is necessary or expedient in consequence of or in connection with the construction of any of the works authorised by this Part of this Act to underpin or strengthen a building within the relevant distance of the work.</content></subparagraph><subparagraph eId="schedule-2-paragraph-6-2"><num>(2)</num><content>The nominated undertaker may underpin or strengthen the building on giving at least 28 days’ notice to the owners and occupiers of the building of its intention to do so.</content></subparagraph><subparagraph eId="schedule-2-paragraph-6-3"><num>(3)</num><content>If, within 21 days of the giving of a notice under sub-paragraph (2) above, the person to whom the notice has been given gives to the nominated undertaker notice disputing that this paragraph applies, the question of its application shall be referred to arbitration.</content></subparagraph><subparagraph eId="schedule-2-paragraph-6-4"><num>(4)</num><content>If, under sub-paragraph (3) above, the arbitrator decides that this paragraph does apply, he shall, if one of the parties to the dispute so requires, prescribe how the underpinning or strengthening is to be carried out.</content></subparagraph><subparagraph eId="schedule-2-paragraph-6-5"><num>(5)</num><content>Where the underpinning or strengthening of a building under this paragraph cannot be carried out reasonably conveniently without entering land adjacent to the building, the nominated undertaker may, on giving at least 14 days’ notice to the owners and occupiers of the adjacent land, enter the land (but not any building on it) and carry out the work.</content></subparagraph><subparagraph eId="schedule-2-paragraph-6-6"><num>(6)</num><content>In case of emergency, the power conferred by sub-paragraph (2) or (5) above shall be exercisable without notice.</content></subparagraph><subparagraph eId="schedule-2-paragraph-6-7"><num>(7)</num><intro>For the purpose of deciding how to exercise its powers under this paragraph, the nominated undertaker may at any reasonable time enter and survey—</intro><level class="para1" eId="schedule-2-paragraph-6-7-a"><num>(a)</num><content>any building within the relevant distance of any of the works authorised by this Part of this Act, or</content></level><level class="para1" eId="schedule-2-paragraph-6-7-b"><num>(b)</num><content>any land adjacent to such a building (but not any building on any such land).</content></level></subparagraph><subparagraph eId="schedule-2-paragraph-6-8"><num>(8)</num><content><mod>Section 6 of the <noteRef href="#c1252071" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981 (service of documents) shall apply to the service of notices under this paragraph with, in subsection (4), the substitution for the words from “authority” to “document is to be served” of <quotedText>“ nominated undertaker ”</quotedText>.</mod></content></subparagraph><subparagraph eId="schedule-2-paragraph-6-9"><num>(9)</num><intro>In this paragraph—</intro><hcontainer name="definition"><content>“<term refersTo="#term-building" eId="term-building">building</term>” includes any structure and, in the case of a work under the surface of the ground, reference to a building within the relevant distance of that work includes a reference to any building within the relevant distance of any point on the surface below which the work is situated,</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-notice" eId="term-notice">notice</term>” means notice in writing, and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-relevant-distance" eId="term-relevant-distance">relevant distance</term>”, in relation to any work, means—<blockList class="ordered roman parens" ukl:Name="OrderedList" ukl:Type="roman" ukl:Decoration="parens"><item><num>(i)</num>where the work relates to an underground railway, 50 metres, and</item><item><num>(ii)</num>where it does not, 35 metres.</item></blockList></content></hcontainer></subparagraph></paragraph><paragraph eId="schedule-2-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-2-paragraph-7-1"><num>(1)</num><content>This paragraph applies where it is necessary or expedient in consequence of or in connection with the construction of any of the works authorised by this Part of this Act further to underpin or strengthen a building which has been underpinned or strengthened under paragraph 6 above.</content></subparagraph><subparagraph eId="schedule-2-paragraph-7-2"><num>(2)</num><content>The nominated undertaker may, at any time within the permitted period, further underpin or strengthen the building on giving at least 28 days’ notice to the owners and occupiers of the building of its intention to do so.</content></subparagraph><subparagraph eId="schedule-2-paragraph-7-3"><num>(3)</num><content>If, within 21 days of the giving of a notice under sub-paragraph (2) above, the person to whom the notice has been given gives to the nominated undertaker notice disputing that this paragraph applies, the question of its application shall be referred to arbitration.</content></subparagraph><subparagraph eId="schedule-2-paragraph-7-4"><num>(4)</num><content>If, under sub-paragraph (3) above, the arbitrator decides that this paragraph does apply, he shall, if one of the parties to the dispute so requires, prescribe how the underpinning or strengthening is to be carried out.</content></subparagraph><subparagraph eId="schedule-2-paragraph-7-5"><num>(5)</num><content>Where the underpinning or strengthening of a building under this paragraph cannot be carried out reasonably conveniently without entering land adjacent to the building, the nominated undertaker may, on giving at least 14 days’ notice to the owners and occupiers of the adjacent land, enter the land (but not any building on it) and carry out the work.</content></subparagraph><subparagraph eId="schedule-2-paragraph-7-6"><num>(6)</num><content>In case of emergency, the power conferred by sub-paragraph (2) or (5) above shall be exercisable without notice.</content></subparagraph><subparagraph eId="schedule-2-paragraph-7-7"><num>(7)</num><intro>For the purpose of deciding how to exercise its powers under this paragraph, the nominated undertaker may at any reasonable time enter and survey—</intro><level class="para1" eId="schedule-2-paragraph-7-7-a"><num>(a)</num><content>any building which has been underpinned or strengthened under paragraph 6 above, or</content></level><level class="para1" eId="schedule-2-paragraph-7-7-b"><num>(b)</num><content>any land adjacent to such a building (but not any building on any such land).</content></level></subparagraph><subparagraph eId="schedule-2-paragraph-7-8"><num>(8)</num><content><mod>Section 6 of the <noteRef href="#c1252073" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981 (service of documents) shall apply to the service of notices under this paragraph with, in subsection (4), the substitution for the words from “authority” to “document is to be served” of <quotedText>“ nominated undertaker ”</quotedText>.</mod></content></subparagraph><subparagraph eId="schedule-2-paragraph-7-9"><num>(9)</num><content>In sub-paragraph (2) above, the reference to the permitted period is to the period beginning with the completion of the underpinning or strengthening under paragraph 6 above and ending 5 years after the date on which the work which necessitated the underpinning or strengthening was brought into general use.</content></subparagraph><subparagraph eId="schedule-2-paragraph-7-10"><num>(10)</num><content>In this paragraph, “<term refersTo="#term-notice" eId="term-notice">notice</term>” means notice in writing.</content></subparagraph></paragraph><paragraph eId="schedule-2-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-2-paragraph-8-1"><num>(1)</num><content>Where the nominated undertaker exercises any power under paragraph 6 or 7 above, it shall compensate the owners and occupiers of the building or land in relation to which the power is exercised for any loss which they may suffer by reason of the exercise of the power.</content></subparagraph><subparagraph eId="schedule-2-paragraph-8-2"><num>(2)</num><content>Any dispute as to a person’s entitlement to compensation under sub-paragraph (1) above, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the <noteRef href="#c1252075" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1961.</content></subparagraph><subparagraph eId="schedule-2-paragraph-8-3"><num>(3)</num><content>Nothing in this paragraph shall affect liability to pay compensation under section 6 of the <noteRef href="#c1252076" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Clauses Consolidation Act 1845, as incorporated with this Act, or section 10(2) of the <noteRef href="#c1252077" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (1) above.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-2-crossheading-discharge-of-water"><heading> Discharge of water</heading><paragraph eId="schedule-2-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-2-paragraph-9-1"><num>(1)</num><content>The nominated undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the works authorised by this Part of this Act and for that purpose may lay down, take up and alter pipes and may, on any land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used make connections with the watercourse, sewer or drain.</content></subparagraph><subparagraph eId="schedule-2-paragraph-9-2"><num>(2)</num><content>The nominated undertaker shall not discharge any water into any public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose but shall not be unreasonably withheld.</content></subparagraph><subparagraph eId="schedule-2-paragraph-9-3"><num>(3)</num><content>The nominated undertaker shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the person to whom the sewer or drain belongs, but such approval shall not be unreasonably withheld.</content></subparagraph><subparagraph eId="schedule-2-paragraph-9-4"><num>(4)</num><content>The nominated undertaker shall not, in the exercise of the powers conferred by this paragraph, damage or interfere with the beds or banks of any watercourse forming part of a main river.</content></subparagraph><subparagraph eId="schedule-2-paragraph-9-5"><num>(5)</num><content>The nominated undertaker shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this paragraph is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.</content></subparagraph><subparagraph eId="schedule-2-paragraph-9-6"><num>(6)</num><content>This paragraph does not authorise the doing of anything prohibited by section 85(1), (2) or (3) of the <noteRef href="#c1252079" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Resources Act 1991 (offences of polluting controlled waters).</content></subparagraph><subparagraph eId="schedule-2-paragraph-9-7"><num>(7)</num><content>Any dispute as to the giving of consent under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.</content></subparagraph><subparagraph eId="schedule-2-paragraph-9-8"><num>(8)</num><intro>In this paragraph—</intro><level class="para1" eId="schedule-2-paragraph-9-8-a"><num>(a)</num><content>“<term refersTo="#term-public-sewer-or-drain" eId="term-public-sewer-or-drain">public sewer or drain</term>” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board, a local authority, an urban development corporation <ins class="first last" ukl:ChangeId="key-455f242640f77e4c9d30f7d4c989f84e-1479178480766" ukl:CommentaryRef="key-455f242640f77e4c9d30f7d4c989f84e"><noteRef uk:name="commentary" href="#key-455f242640f77e4c9d30f7d4c989f84e" class="commentary"/>, a Mayoral development corporation</ins> <ins class="first last" ukl:ChangeId="key-9d26c3801ab4a39dd70ff0d1c463dd14-1780492524028" ukl:CommentaryRef="key-9d26c3801ab4a39dd70ff0d1c463dd14"><noteRef uk:name="commentary" href="#key-9d26c3801ab4a39dd70ff0d1c463dd14" class="commentary"/>for an area in Greater London</ins> or a harbour authority within the meaning of the <noteRef href="#c1252080" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Harbours Act 1964,</content></level><level class="para1" eId="schedule-2-paragraph-9-8-b"><num>(b)</num><content>“<term refersTo="#term-watercourse" eId="term-watercourse">watercourse</term>” includes rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows, except a public sewer or drain, and</content></level><level class="para1" eId="schedule-2-paragraph-9-8-c"><num>(c)</num><content>other expressions used both in this paragraph and in the Water Resources Act 1991 have the same meanings as in that Act.</content></level></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-2-crossheading-entry-for-preparatory-purposes"><heading> Entry for preparatory purposes</heading><paragraph eId="schedule-2-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-2-paragraph-10-1"><num>(1)</num><intro>The nominated undertaker may, for the purposes of this Part of this Act—</intro><level class="para1" eId="schedule-2-paragraph-10-1-a"><num>(a)</num><content>survey or investigate any land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used or which may be affected by the works authorised by this Part of this Act,</content></level><level class="para1" eId="schedule-2-paragraph-10-1-b"><num>(b)</num><content>without prejudice to the generality of paragraph (a) above, make trial holes in such positions as it thinks fit on any such land to investigate the nature of the surface layer and subsoil and remove soil samples,</content></level><level class="para1" eId="schedule-2-paragraph-10-1-c"><num>(c)</num><content>without prejudice to the generality of paragraph (a) above, carry out archaeological investigations on any such land,</content></level><level class="para1" eId="schedule-2-paragraph-10-1-d"><num>(d)</num><content>take steps to protect or remove any flora or fauna on any such land which may be affected by the carrying out of the works authorised by this Part of this Act,</content></level><level class="para1" eId="schedule-2-paragraph-10-1-e"><num>(e)</num><content>place on, leave on and remove from any such land apparatus for use in connection with the exercise of any of the powers conferred by paragraphs (a) to (d) above, and</content></level><level class="para1" eId="schedule-2-paragraph-10-1-f"><num>(f)</num><content>enter on any such land for the purpose of exercising any of the powers conferred by paragraphs (a) to (e) above.</content></level></subparagraph><subparagraph eId="schedule-2-paragraph-10-2"><num>(2)</num><content>No land may be entered, or equipment placed or left on or removed from land, under sub-paragraph (1) above unless at least 7 days’ notice has been served on every owner and occupier of the land.</content></subparagraph><subparagraph eId="schedule-2-paragraph-10-3"><num>(3)</num><content>The power conferred by paragraph (f) of sub-paragraph (1) above includes power to enter with such vehicles and equipment as are necessary for the purpose of exercising any of the other powers conferred by that sub-paragraph.</content></subparagraph><subparagraph eId="schedule-2-paragraph-10-4"><num>(4)</num><content>Any person exercising the power conferred by sub-paragraph (1)(f) above on behalf of the nominated undertaker shall, if requested to do so, produce written evidence of his authority.</content></subparagraph><subparagraph eId="schedule-2-paragraph-10-5"><num>(5)</num><content>This paragraph shall not authorise the making of trial holes in a carriageway or footway without the consent of the highway authority, but such consent shall not be unreasonably withheld.</content></subparagraph><subparagraph eId="schedule-2-paragraph-10-6"><num>(6)</num><content>Any dispute as to the giving of consent under sub-paragraph (5) above shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.</content></subparagraph><subparagraph eId="schedule-2-paragraph-10-7"><num>(7)</num><content>The nominated undertaker shall compensate the owners and occupiers of land in respect of which the powers conferred by this paragraph are exercised for any loss which they may suffer by reason of the exercise of those powers.</content></subparagraph><subparagraph eId="schedule-2-paragraph-10-8"><num>(8)</num><content>Any dispute as to a person’s entitlement to compensation under sub-paragraph (7) above, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the <noteRef href="#c1252082" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1961.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-2-crossheading-temporary-interference-with-waterways"><heading> Temporary interference with waterways</heading><paragraph eId="schedule-2-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-2-paragraph-11-1"><num>(1)</num><content>The powers conferred by this paragraph shall be exercisable for the purpose of, or in connection with, the exercise of the powers conferred by this Part of this Act in relation to Work <abbr title="Number">No.</abbr> 1A, 1AA, 1B, 1BB, 1C, 1CC, 1D, 1DD, 1EE, 1FF, 1HH, 1K, 2, 2A, 2AA, 2B, 2BB, 3, 3B, 3C, 5D(1), 6, 6G, 10, 10A, 10R(2), 13 or 22J.</content></subparagraph><subparagraph eId="schedule-2-paragraph-11-2"><num>(2)</num><intro>The nominated undertaker may—</intro><level class="para1" eId="schedule-2-paragraph-11-2-a"><num>(a)</num><content>temporarily interfere with the relevant waterway, at any point within the limits of deviation for the scheduled works or within the limits of land to be acquired or used, by constructing or maintaining such temporary works, or by carrying out such dredging works, as it considers necessary or expedient,</content></level><level class="para1" eId="schedule-2-paragraph-11-2-b"><num>(b)</num><content>temporarily moor or anchor barges or other vessels or craft in the relevant waterway, or</content></level><level class="para1" eId="schedule-2-paragraph-11-2-c"><num>(c)</num><content>temporarily close the relevant waterway, or a part of it, to navigation.</content></level></subparagraph><subparagraph eId="schedule-2-paragraph-11-3"><num>(3)</num><intro>The power conferred by sub-paragraph (2)(c) above shall be exercised in a way which secures—</intro><level class="para1" eId="schedule-2-paragraph-11-3-a"><num>(a)</num><content>that no more of the waterway is closed to navigation at any time than is necessary in the circumstances, and</content></level><level class="para1" eId="schedule-2-paragraph-11-3-b"><num>(b)</num><content>that, if complete closure of the waterway to navigation becomes necessary, all reasonable steps are taken to secure that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use it.</content></level></subparagraph><subparagraph eId="schedule-2-paragraph-11-4"><num>(4)</num><content>The nominated undertaker shall not be liable for any loss suffered, or costs or expenses incurred, by any person as a direct or indirect result of any closure of a waterway in accordance with this paragraph.</content></subparagraph><subparagraph eId="schedule-2-paragraph-11-5"><num>(5)</num><intro>In this paragraph, “<term refersTo="#term-relevant-waterway" eId="term-relevant-waterway">relevant waterway</term>” means—</intro><level class="para1" eId="schedule-2-paragraph-11-5-a"><num>(a)</num><content>in relation to Works <abbr title="Numbers">Nos.</abbr> 1A, 1AA, 1B, 1BB, 1C, 1CC, 1D, 1DD, 1EE, 1FF, 1HH, 1K, 2, 2A, 2AA, 2B, 2BB, 3, 3B, 3C and 5D(1), the Regent’s Canal,</content></level><level class="para1" eId="schedule-2-paragraph-11-5-b"><num>(b)</num><content>in relation to Works <abbr title="Numbers">Nos.</abbr> 6 and 6G, the River Lea,</content></level><level class="para1" eId="schedule-2-paragraph-11-5-c"><num>(c)</num><content>in relation to Works <abbr title="Numbers">Nos.</abbr> 10, 10A, 10R(2) and 22J, the River Thames, and</content></level><level class="para1" eId="schedule-2-paragraph-11-5-d"><num>(d)</num><content>in relation to Work <abbr title="Number">No.</abbr> 13, the River Medway.</content></level></subparagraph></paragraph></hcontainer></hcontainer><hcontainer name="schedule" eId="schedule-3"><num>SCHEDULE 3<authorialNote class="referenceNote">Section 3.</authorialNote></num><heading> Highways</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-3-crossheading-stopping-up-nonlevel-crossings"><heading> Stopping up: non-level crossings</heading><paragraph eId="schedule-3-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-3-paragraph-1-1"><num>(1)</num><content>Subject to the provisions of this paragraph, the nominated undertaker may, in connection with the construction of the works authorised by this Part of this Act, stop up each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of the following table.</content></subparagraph><subparagraph eId="schedule-3-paragraph-1-2"><num>(2)</num><intro>No highway or part of a highway specified in columns (1) and (2) of Part I of the following table shall be stopped up under this paragraph unless all the land which abuts on it falls within one or more of the following categories, namely—</intro><level class="para1" eId="schedule-3-paragraph-1-2-a"><num>(a)</num><content>land to which there is no right of access directly from the highway or part to be stopped up,</content></level><level class="para1" eId="schedule-3-paragraph-1-2-b"><num>(b)</num><content>land to which there is reasonably convenient access otherwise than directly from the highway or part to be stopped up,</content></level><level class="para1" eId="schedule-3-paragraph-1-2-c"><num>(c)</num><content>land the owners and occupiers of which have agreed to the stopping up of the highway or part, and</content></level><level class="para1" eId="schedule-3-paragraph-1-2-d"><num>(d)</num><content>land which is in the possession of the Secretary of State.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-1-3"><num>(3)</num><intro>No highway or part of a highway specified in columns (1) and (2) of Part II of the following table shall be stopped up under this paragraph if a new highway is specified in relation to it in column (3) of that Part of the table, by reference to the letters and numbers shown on the deposited plans or by reference to scheduled works, until—</intro><level class="para1" eId="schedule-3-paragraph-1-3-a"><num>(a)</num><content>where the new highway is provided in exercise of the powers conferred by this Part of this Act, the later of the date of practical completion and the date on which it is first open for public use, and</content></level><level class="para1" eId="schedule-3-paragraph-1-3-b"><num>(b)</num><content>where it is not, the date on which it is first open for public use.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-1-4"><num>(4)</num><content>Where a new highway specified in column (3) of Part II of the following table is provided in exercise of the powers conferred by this Part of this Act, the date of practical completion of the highway, or the date on which it is first open for public use, shall be taken for the purposes of sub-paragraph (3) above to be what it is taken to be for the purposes of paragraph 11(2) below.</content></subparagraph><wrapUp><tblock class="table" ukl:Orientation="portrait"><num>The Table</num><heading>Highways to be Stopped Up</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:td/></default:tr></default:tbody></default:table></foreign></tblock><tblock class="table" ukl:Orientation="portrait"><num>Part I</num><heading> Highways to be Stopped Up Without Provision of Substitute</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th></default:tr><default:tr><default:th>Area</default:th><default:th>Highway or part to be stopped up</default:th></default:tr><default:tr><default:th colspan="2">GREATER LONDON</default:th></default:tr><default:tr><default:td>London Borough of Camden</default:td><default:td>Battlebridge Road between points E3 and E4 Wellers Court between points F1 and F2 Clarence Passage between points G1 and G2 Stanley Passage between points H1 and H2</default:td></default:tr><default:tr><default:td>London Borough of Barking and Dagenham</default:td><default:td>Footpath 47 between points M4 and M5</default:td></default:tr><default:tr><default:th colspan="2">COUNTY OF ESSEX</default:th></default:tr><default:tr><default:td>Borough of Thurrock</default:td><default:td>Oliver Close between points F4 and F5</default:td></default:tr><default:tr><default:th colspan="2">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Dartford, Parishes of Swanscombe and Greenhithe and Southfleet</default:td><default:td>Access road adjoining A2 between points D6, D7 and D8</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Town of Gravesend</default:td><default:td>Footpath NU15 between points D3 and D4</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Cobham</default:td><default:td>Old Watling Street (B395) between points K1 and K2</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Parish of Cuxton</default:td><default:td>Footpath RS 205 between points D1 and D2 Footpath RR 27 between points D2 and D3</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Hollingbourne</default:td><default:td>Musket Lane between points A4 and A3</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Harrietsham</default:td><default:td>Footpath KH275 between points E5 and E3</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Charing</default:td><default:td>Footpath AW47 between points K1 and K2</default:td></default:tr><default:tr><default:td>Borough of Ashford, Town of Ashford</default:td><default:td>Gasworks Lane (D4543) between points E1 and E2</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Mersham</default:td><default:td>Footpath AE 386 between points C10 and C11</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Smeeth</default:td><default:td>Footpath AE 434 between points C3 and C2</default:td></default:tr><default:tr><default:td>District of Shepway, Parishes of Saltwood and Stanford</default:td><default:td>Footpath HE 346 between points A2 and A5 Stone Street between points B1 and B2</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Saltwood</default:td><default:td>Footpath HE 279 between points C9 and C10 Sandy Lane (D1752) between points C11 and C8</default:td></default:tr></default:tbody></default:table></foreign></tblock><tblock class="table" ukl:Orientation="portrait"><num>Part II</num><heading> Highways to be Stopped Up Only on Provision of Substitute</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th><default:th>(3)</default:th></default:tr><default:tr><default:th>Area</default:th><default:th>Highway or part to be stopped up</default:th><default:th>New highway to be substituted for it</default:th></default:tr><default:tr><default:th colspan="3">GREATER LONDON</default:th></default:tr><default:tr><default:td>London Borough of Camden</default:td><default:td>Midland Road between points B1 and B2</default:td><default:td>Work <abbr title="Number">No.</abbr> 5B</default:td></default:tr><default:tr><default:td/><default:td>Pancras Road between points C1, B2 and C2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 5B, 5C and 5D</default:td></default:tr><default:tr><default:td/><default:td>Taxi Road between points D1, D2 and D3</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 5F and 5F(1)</default:td></default:tr><default:tr><default:td/><default:td>Cheney Road between points E1, E2 and E3</default:td><default:td>Work <abbr title="Number">No.</abbr> 5C</default:td></default:tr><default:tr><default:td/><default:td>Goods Way between points K1 and K5</default:td><default:td>Work <abbr title="Number">No.</abbr> 5D</default:td></default:tr><default:tr><default:td/><default:td>Camley Street between points K4 and K6</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 5A and 5C</default:td></default:tr><default:tr><default:td/><default:td>York Way between points L1 and L2</default:td><default:td>Work <abbr title="Number">No.</abbr> 5Q</default:td></default:tr><default:tr><default:td>London Borough of Islington</default:td><default:td>Randell’s Road between points A1 and A2</default:td><default:td>Work <abbr title="Number">No.</abbr> 5Q(1)</default:td></default:tr><default:tr><default:td>London Borough of Barking and Dagenham</default:td><default:td>Pooles Lane between points M1 and M2</default:td><default:td>Work <abbr title="Number">No.</abbr> 22H(1) between its commencement and its junction with Work <abbr title="Number">No.</abbr> 22H(2), and Work <abbr title="Number">No.</abbr> 22H(2)</default:td></default:tr><default:tr><default:td/><default:td>Choats Manor Way between points M3 and M4</default:td><default:td>Work <abbr title="Number">No.</abbr> 22H(1) between its commencement and its junction with Work <abbr title="Number">No.</abbr> 8P(3)</default:td></default:tr><default:tr><default:td/><default:td>Choats Road between points L1 and L2</default:td><default:td>Work <abbr title="Number">No.</abbr> 8P(3)</default:td></default:tr><default:tr><default:td/><default:td>Hindmans Way between points L2 and L3</default:td><default:td>Work <abbr title="Number">No.</abbr> 8P(3)</default:td></default:tr><default:tr><default:td/><default:td>Chequers Lane between points L4 and L5</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 8P(3) and 8P(4)</default:td></default:tr><default:tr><default:td/><default:td>Kent Avenue between points J1 and J2</default:td><default:td>Work <abbr title="Number">No.</abbr> 8Q</default:td></default:tr><default:tr><default:td/><default:td>Thames Avenue between points K1 and K2</default:td><default:td>Work <abbr title="Number">No.</abbr> 8R</default:td></default:tr><default:tr><default:td>London Borough of Havering</default:td><default:td>Creekside between points C1 and C2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 8S and 8T</default:td></default:tr><default:tr><default:td/><default:td>Lamson Road between points D1 and D3</default:td><default:td>Work <abbr title="Number">No.</abbr> 8S</default:td></default:tr><default:tr><default:th colspan="3">COUNTY OF ESSEX</default:th></default:tr><default:tr><default:td>Borough of Thurrock</default:td><default:td>Footpath FP145 between points L1 and L2</default:td><default:td>New footpath between points L1, L3, L4, L5, L6, L7 and L2</default:td></default:tr><default:tr><default:td/><default:td>Arterial Road, Purfleet between points M1 and M2</default:td><default:td>Work <abbr title="Number">No.</abbr> 23C(1)</default:td></default:tr><default:tr><default:td/><default:td>Purfleet Bypass between points M3 and M4</default:td><default:td>Work <abbr title="Number">No.</abbr> 23C(3)</default:td></default:tr><default:tr><default:td/><default:td>Tank Lane between points M5 and M6</default:td><default:td>Work <abbr title="Number">No.</abbr> 23C(5) and Work <abbr title="Number">No.</abbr> 23C(4) between point M5 and its termination</default:td></default:tr><default:tr><default:td/><default:td>Botany Way between points M8 and M9</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 23C(2), 23C(3) and 23C(5)</default:td></default:tr><default:tr><default:td/><default:td>Footpath 167 between points N1 and N2</default:td><default:td>New footpath between points N1, N3 and N2</default:td></default:tr><default:tr><default:td/><default:td>Oliver Close (North) between points F1, F2 and F3</default:td><default:td>Work <abbr title="Number">No.</abbr> 9B</default:td></default:tr><default:tr><default:td/><default:td>Oliver Road between points G1 and G2</default:td><default:td>Work <abbr title="Number">No.</abbr> 9C</default:td></default:tr><default:tr><default:td/><default:td>Burnley Road and Watson Close between points H1, H2 and H3</default:td><default:td>Work <abbr title="Number">No.</abbr> 9D</default:td></default:tr><default:tr><default:td/><default:td>A1090 (Tank Hill Road) between points J8 and J2</default:td><default:td>Work <abbr title="Number">No.</abbr> 23B(1) and new footpath between points J8 and J9</default:td></default:tr><default:tr><default:td/><default:td>Access road to Purfleet Industrial Park between points J5 and J6</default:td><default:td>Work <abbr title="Number">No.</abbr> 23B(1) between its commencement and its junction with Work <abbr title="Number">No.</abbr> 23B(2), and Work <abbr title="Number">No.</abbr> 23B(2)</default:td></default:tr><default:tr><default:th colspan="3">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Dartford, Parish of Swanscombe and Greenhithe</default:td><default:td>Green Manor Way between points B1 and B2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 10J and 10J(1)</default:td></default:tr><default:tr><default:td/><default:td>Footpath DS17 between points D1 and D2</default:td><default:td>New footpath between points D1, D3 and D2</default:td></default:tr><default:tr><default:td>Borough of Dartford, Parish of Swanscombe and Greenhithe and Borough of Gravesham, Town of Gravesend</default:td><default:td>Lower Road between points B3 and B4</default:td><default:td>Work <abbr title="Number">No.</abbr> 10J</default:td></default:tr><default:tr><default:td>Borough of Dartford, Parishes of Swanscombe and Greenhithe and Southfleet</default:td><default:td>Park Corner Road and Southfleet Road (B259) between points E1, E2 and E3</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 10S(2) and 10(T)(6) to 10T(8)</default:td></default:tr><default:tr><default:td/><default:td>Access road between points F1 and F2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 10S(2), 10T(1), 10T(4), 10T(6) and 10T(8)</default:td></default:tr><default:tr><default:td>Borough of Dartford, Parish of Southfleet</default:td><default:td>Slip road from A2 to Park Corner Road between points C1 and C2</default:td><default:td>Work <abbr title="Number">No.</abbr> 10T(8)</default:td></default:tr><default:tr><default:td/><default:td>Footpath DR132 between points B1 and B2</default:td><default:td>New footpath between points B2 and B3</default:td></default:tr><default:tr><default:td/><default:td>New Barn Road between points A1 and A2</default:td><default:td>Work <abbr title="Number">No.</abbr> 11F</default:td></default:tr><default:tr><default:td/><default:td>Hook Green Road between points D1 and D2</default:td><default:td>Work <abbr title="Number">No.</abbr> 11D</default:td></default:tr><default:tr><default:td>Borough of Dartford, Parishes of Longfield and New Barn and Southfleet</default:td><default:td>Whitehill Road between points A1 and A2</default:td><default:td>Work <abbr title="Number">No.</abbr> 11C</default:td></default:tr><default:tr><default:td>Borough of Dartford, Parish of Longfield and New Barn and District of Sevenoaks, Parish of Horton Kirby and South Darenth</default:td><default:td>Footpath DR160 between points B1 and B2</default:td><default:td>New footpath between points B1, B3, B4 and B2</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Town of Gravesend</default:td><default:td>Manor Way between points B5 and B6</default:td><default:td>Work <abbr title="Number">No.</abbr> 10J(2)</default:td></default:tr><default:tr><default:td/><default:td>Footpath NU14 between points A1 and A2</default:td><default:td>New footpath between points A1, A3, A4 and A2</default:td></default:tr><default:tr><default:td/><default:td>Footpath NU 7A between points B1 and B2</default:td><default:td>New footpath between points B1, B3 and B2</default:td></default:tr><default:tr><default:td/><default:td>Footpath NU14 between points C1 and C2</default:td><default:td>New footpath between points C1, C3 and C2</default:td></default:tr><default:tr><default:td/><default:td>Footpath NU16 between points D1 and D2</default:td><default:td>New footpath between points D1 and D5</default:td></default:tr><default:tr><default:td/><default:td>Bridleway NU24 between points F1 and F2</default:td><default:td>New bridleway between points F1, F5, F6 and F2</default:td></default:tr><default:tr><default:td/><default:td>Footpath NU23 between points F3 and F4</default:td><default:td>New footpath between points F4 and F2</default:td></default:tr><default:tr><default:td/><default:td>Downs Road between points G1 and G2</default:td><default:td>Work <abbr title="Number">No.</abbr> 10P</default:td></default:tr><default:tr><default:td/><default:td>Access road to Hazells between points H1 and H2</default:td><default:td>Work <abbr title="Number">No.</abbr> 10Q</default:td></default:tr><default:tr><default:td/><default:td>Bridleway NU27 between points J1 and J2</default:td><default:td>New bridleway between points J1, J3, J4 and J2</default:td></default:tr><default:tr><default:td/><default:td>Footpath NU29 between points L1 and L2</default:td><default:td>New footpath between points L1, K3, L3 and L2</default:td></default:tr><default:tr><default:td/><default:td>Footpath NU9 between points K1 and K2</default:td><default:td>New footpath between points K1 and K3</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Town of Gravesend and Parish of Cobham</default:td><default:td>Footpaths NU18, NS193 and NG15 between points M1 and M4</default:td><default:td>New footpath between points M4 and M5</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Cobham</default:td><default:td>Church Road between points A1 and A2</default:td><default:td>Work <abbr title="Number">No.</abbr> 12C and new footpath between points A3, A4, A5 and A2</default:td></default:tr><default:tr><default:td/><default:td>Footpaths NG16 and NS175 between points B1 and B3</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 12C and 12D and new footpath between points B3 and B4</default:td></default:tr><default:tr><default:td/><default:td>Henhurst Road between points C1 and C2</default:td><default:td>Work <abbr title="Number">No.</abbr> 12D</default:td></default:tr><default:tr><default:td/><default:td>Footpath NS177 between points D1 and D2</default:td><default:td>Work No.12D and new footpaths between points D1 and D3 and between points D4 and D2</default:td></default:tr><default:tr><default:td/><default:td>Access road between points E1, E4 and E2</default:td><default:td>New access roads between points E1, E3 and E2 and between points E3 and E4</default:td></default:tr><default:tr><default:td/><default:td>Scotland Lane (Byway NS195) between points F1 and F2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 12E and 12F</default:td></default:tr><default:tr><default:td/><default:td>Watling Street (B395) between points G1 and G2</default:td><default:td>Work <abbr title="Number">No.</abbr> 12F</default:td></default:tr><default:tr><default:td/><default:td>Access road between points F3 and F4</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 12E and 12F</default:td></default:tr><default:tr><default:td/><default:td>Halfpence Lane (C492) and slip road to A2 between points H1 and H3</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 32B and 32C</default:td></default:tr><default:tr><default:td/><default:td>Slip road from A2 to Halfpence Lane between points H4 and H2</default:td><default:td>Work <abbr title="Number">No.</abbr> 32B</default:td></default:tr><default:tr><default:td/><default:td>Footpath NS179 between points L1 and L2</default:td><default:td>New footpaths between points L3 and L4 and between points L2 and L5</default:td></default:tr><default:tr><default:td/><default:td>Access road between points M1 and M2</default:td><default:td>Work <abbr title="Number">No.</abbr> 12L</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Shorne</default:td><default:td>A2 eastbound slip road between points J3 and J4</default:td><default:td>Work <abbr title="Number">No.</abbr> 32A</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parishes of Cobham and Shorne</default:td><default:td>Brewers Road between points J1 and J2</default:td><default:td>Work <abbr title="Number">No.</abbr> 12H</default:td></default:tr><default:tr><default:td/><default:td>Access road between points K3 and K2</default:td><default:td>Work <abbr title="Number">No.</abbr> 12K</default:td></default:tr><default:tr><default:td/><default:td>Footpath NS180 between points K2 and K4</default:td><default:td>Work <abbr title="Number">No.</abbr> 12K</default:td></default:tr><default:tr><default:td/><default:td>Footpath NS161 between points K6, K2, K8 and K5</default:td><default:td>Work <abbr title="Number">No.</abbr> 12K and new footpath between points L5, K7 and K5</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Town of Rochester and Parish of Cuxton</default:td><default:td>Footpath RS203 between points B2 and B3</default:td><default:td>New footpath between points B2, B5, B4 and B3</default:td></default:tr><default:tr><default:td/><default:td>A228 (Rochester Road) between points C1 and C3</default:td><default:td>Work <abbr title="Number">No.</abbr> 13A(4) and Work <abbr title="Number">No.</abbr> 36F between its commencement and its junction with Work <abbr title="Number">No.</abbr> 13A(4)</default:td></default:tr><default:tr><default:td/><default:td>M2 westbound entry slip road between points C6 and C7</default:td><default:td>Work <abbr title="Number">No.</abbr> 13A(2), Work <abbr title="Number">No.</abbr> 36C between its junction with Work <abbr title="Number">No.</abbr> 13A(2) and its termination, and Work <abbr title="Number">No.</abbr> 36E between its junction with Work <abbr title="Number">No.</abbr> 36C and its termination</default:td></default:tr><default:tr><default:td/><default:td>M2 westbound exit slip road between points C8 and C7</default:td><default:td>Work <abbr title="Number">No.</abbr> 13A(3) and Work <abbr title="Number">No.</abbr> 36E between its junction with Work <abbr title="Number">No.</abbr> 36C and its termination</default:td></default:tr><default:tr><default:td/><default:td>M2 eastbound exit slip road between points C9 and C4</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 13A(1) and 13A(4) and Work <abbr title="Number">No.</abbr> 36F between its commencement and its junction with Work <abbr title="Number">No.</abbr> 13A(4)</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Town of Rochester</default:td><default:td>Burham Road (D422) between points A1 and A2</default:td><default:td>Work <abbr title="Number">No.</abbr> 13B</default:td></default:tr><default:tr><default:td/><default:td>Bridleway RR16 between points E4, E11 and E12</default:td><default:td>Work <abbr title="Number">No.</abbr> 13C between its junction with Work <abbr title="Number">No.</abbr> 38F and its termination, Work <abbr title="Number">No.</abbr> 38F between point E13 and its termination, and new bridleway between points E4 and E13 (having a junction at point E4 with bridleway RR16 as existing, so far as not stopped up under paragraph 3 of Schedule 12 below, or, if so stopped up, with Work <abbr title="Number">No.</abbr> 38C)</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Town of Rochester and Borough of Tonbridge and Malling, Parish of Wouldham</default:td><default:td>Bridleway MR11 (Stony Lane) between points A1 and A2</default:td><default:td>Work <abbr title="Number">No.</abbr> 13C</default:td></default:tr><default:tr><default:td/><default:td>Bridleway MR12 between points E12 and A1</default:td><default:td>Work <abbr title="Number">No.</abbr> 13C</default:td></default:tr><default:tr><default:td>Borough of Tonbridge and Malling, Parish of Aylesford</default:td><default:td>Byway MR401 between points T1 and T2</default:td><default:td>Work <abbr title="Number">No.</abbr> 13E</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Boxley</default:td><default:td>Boarley Lane (D898) between points A1 and A2</default:td><default:td>Work <abbr title="Number">No.</abbr> 13G</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH25 between points B1 and B2</default:td><default:td>New footpath between points B1, B3 and B2</default:td></default:tr><default:tr><default:td/><default:td>Boxley Road (C97) between points C1 and C2</default:td><default:td>Work <abbr title="Number">No.</abbr> 13H</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH15 between points D1 and D2</default:td><default:td>New footpath between points D1, D3 and D2</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Thurnham</default:td><default:td>Footpath KH71 between points A1, A2 and A3</default:td><default:td>New footpath between points A1, A4, A5 and A6</default:td></default:tr><default:tr><default:td/><default:td>Thurnham Lane between points B1 and B2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14A</default:td></default:tr><default:tr><default:td/><default:td>Bridleway KH123 between points C1, C2 and C3</default:td><default:td>New bridleway between points C1 and C4</default:td></default:tr><default:tr><default:td/><default:td>Water Lane between points D1 and D2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14B</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH130 between points E1, E4 and E2</default:td><default:td>New footpaths between points E1, E3 and E2 and between points E3 and E4</default:td></default:tr><default:tr><default:td/><default:td>Bridleway KH134 (Crismill Lane) between points F1 and F2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14C</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parishes of Thurnham and Hollingbourne</default:td><default:td>Footpath KH141 between points G1 and G2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14C and new footpath between points G3 and G2</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Hollingbourne</default:td><default:td>Footpath KH132A between points A1 and A2</default:td><default:td>New footpath between points A1 and A3</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH198 between points C1, C2 and C3</default:td><default:td>New footpath between points C1, C4, C3 and C5</default:td></default:tr><default:tr><default:td/><default:td>Hospital Road (D971) between points D1 and D2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14E</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Broomfield</default:td><default:td>Footpath KH201 between points A1, A2 and A3</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 14F and 14G and new footpath between points A1, A4 and A5</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parishes of Broomfield and Hollingbourne</default:td><default:td>Greenway Court Road (D946) between points E1 and E2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 14F and 14G</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parishes of Broomfield and Harrietsham</default:td><default:td>A20 (Ashford Road) between points B1 and B2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14F</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Harrietsham</default:td><default:td>Footpath KH343 between points A1 and A5</default:td><default:td>New footpaths between points A1, A2 and A4 and between points A2 and A3</default:td></default:tr><default:tr><default:td/><default:td>Bridleway between points C1 and C2</default:td><default:td>New bridleway between those points</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH272 between points E1, E2, E3 and E4</default:td><default:td>New footpaths between points E1, E5 and E4 and between points E1 and E6</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH272A between points F1, F2 and F3</default:td><default:td>New footpath between points F1, F4 and F5</default:td></default:tr><default:tr><default:td/><default:td>Access road between points G1 and G2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14J</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Lenham</default:td><default:td>Footpath KH416 between points A1 and A2</default:td><default:td>New footpath between points A1 and A3</default:td></default:tr><default:tr><default:td/><default:td>Sandway Road (C92) between points C1 and C2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14L</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH414B between points D1 and D2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14L and new footpaths between points D3 and D1 and between points D4 and D5</default:td></default:tr><default:tr><default:td/><default:td>Old Ham Lane (D986) between points E1 and E2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14M</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH415 between points F3, F1 and F2</default:td><default:td>New footpath between points F4 and F5</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parishes of Boughton Malherbe and Lenham</default:td><default:td>Lenham Heath Road (C92) between points J1 and J2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14Q</default:td></default:tr><default:tr><default:td/><default:td>Lenham Heath Road (C92) between points K1 and K2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14R</default:td></default:tr><default:tr><default:td/><default:td>Bowley Lane between points L1 and L2</default:td><default:td>Work <abbr title="Number">No.</abbr> 14S</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Lenham</default:td><default:td>Access road to Water Street Cottage between points M1 and M2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 14U and 14V</default:td></default:tr><default:tr><default:td/><default:td>Hook Street between points P1 and P2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 14U and 14V</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH408A between points Q1, Q2, Q3 and Q4</default:td><default:td>New footpath between points Q1 and Q4</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH407A between points R1 and R2</default:td><default:td>New footpath between points R1, R3, R4 and R2</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Charing</default:td><default:td>Bridleway AW58 between points D1, D2 and C3 and footpath AW17 between points C1 and C3</default:td><default:td>New bridleway and footpath between points D1, C1 and D3</default:td></default:tr><default:tr><default:td/><default:td>Hurst Lane (D1198) between points E1 and E2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 15E and 15F</default:td></default:tr><default:tr><default:td/><default:td>Newlands Road (D1199) between points F1 and F2</default:td><default:td>Work <abbr title="Number">No.</abbr> 15F</default:td></default:tr><default:tr><default:td/><default:td>Footpath AW30 between points G1 and G2</default:td><default:td>New footpath between points G3 and G2</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parishes of Charing and Little Chart</default:td><default:td>Leacon Lane (D1220) between points J1 and J2 and between points J3 and J4</default:td><default:td>Work <abbr title="Number">No.</abbr> 15H</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Charing</default:td><default:td>Footpath AW44 between points L1 and L2</default:td><default:td>New footpath between points L3, L4 and L2</default:td></default:tr><default:tr><default:td/><default:td>Footpath AW40 between points M1 and M2</default:td><default:td>New footpath between points M1, M3 and M2</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parishes of Charing, Hothfield and Westwell</default:td><default:td>A20 (Maidstone Road) at West Leacon between points P1 and P2 and between points P3 and P4</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 15K and 15L</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Westwell</default:td><default:td>Westwell Lane (D1227) between points B1 and B2</default:td><default:td>Work <abbr title="Number">No.</abbr> 15M</default:td></default:tr><default:tr><default:td/><default:td>Footpath AW123 between points A1 and A2</default:td><default:td>Work No.15M and new footpath between points A1 and A3</default:td></default:tr><default:tr><default:td/><default:td>Footpath AW124 between points C1, C2 and C3</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 15M and 15N and new footpath between points C4 and C5</default:td></default:tr><default:tr><default:td/><default:td>Footpath AW124 between points E1, E2 and E3</default:td><default:td>New footpath between points E1 and E3</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parishes of Hothfield and Westwell</default:td><default:td>A20 (Maidstone Road) at Yonsea between points F1 and F2</default:td><default:td>Work <abbr title="Number">No.</abbr> 15P</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Hothfield</default:td><default:td>Byway AW173 between points A1, A2 and A3</default:td><default:td>New byway between points A4 and A3</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Hothfield and Town of Ashford</default:td><default:td>Godinton Lane (C154) between points B1 and B2</default:td><default:td>Work <abbr title="Number">No.</abbr> 15Q</default:td></default:tr><default:tr><default:td>Borough of Ashford, Town of Ashford</default:td><default:td>Footpath AU67 between points A1 and A2</default:td><default:td>New footpath between points A1 and A3</default:td></default:tr><default:tr><default:td/><default:td>Godinton Road (B2074) between points C1 and C2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 16G and 16H</default:td></default:tr><default:tr><default:td/><default:td>Carlton Road (E1467) between points C4 and C5</default:td><default:td>Work <abbr title="Number">No.</abbr> 16G</default:td></default:tr><default:tr><default:td/><default:td>Footpath AU34 between points D1, D2 and D6</default:td><default:td>New footpath between points D1, D3, D4, D5 and D6</default:td></default:tr><default:tr><default:td/><default:td>Footpath AU37 between points F1 and F2</default:td><default:td>Work <abbr title="Number">No.</abbr> 16M</default:td></default:tr><default:tr><default:td/><default:td>Beaver Road (A2070) between points G1 and G2</default:td><default:td>Work <abbr title="Number">No.</abbr> 16N</default:td></default:tr><default:tr><default:td/><default:td>Footpath AU52 between points J1 and J2</default:td><default:td>New footpath between points J1, J3, J4, J5 and J2</default:td></default:tr><default:tr><default:td/><default:td>Boys Hall Road and Canterbury Road (E1466) between points P1 and P2</default:td><default:td>Work <abbr title="Number">No.</abbr> 16QQ</default:td></default:tr><default:tr><default:td/><default:td>Footpath AU51 between points Q1 and Q2</default:td><default:td>Work <abbr title="Number">No.</abbr> 16RR(1) and Work <abbr title="Number">No.</abbr> 16RR between its junction with Work <abbr title="Number">No.</abbr> 16RR(1) and point Q2</default:td></default:tr><default:tr><default:td/><default:td>Crowbridge Road (D4488) between points N1 and N2</default:td><default:td>Work <abbr title="Number">No.</abbr> 16RR(1) and Work <abbr title="Number">No.</abbr> 16RR between its commencement and its junction with Work <abbr title="Number">No.</abbr> 16RR(1)</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Sevington</default:td><default:td>Footpath AE341 between points A1 and A2</default:td><default:td>New footpath between points A1 and A5</default:td></default:tr><default:tr><default:td/><default:td>Footpath AE343 between points A2, A7 and A3</default:td><default:td>New footpath between points A5, A6 and A3</default:td></default:tr><default:tr><default:td/><default:td>Footpath AE342 between points A2 and A4</default:td><default:td>New footpath between points A5 and A8</default:td></default:tr><default:tr><default:td/><default:td>Highfield Lane between points B5, B4, B6 and B7 and between points B8 and B9</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 17B, 17C and 17C(1)</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parishes of Sevington and Mersham</default:td><default:td>Footpath AE344 between points C1 and C2 and footpath AE364 between points C2, C4 and C5</default:td><default:td>New footpath between points C6, C7, C8, C9, C3 and C5</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Mersham</default:td><default:td>Church Road (C177) between points B1 and B2 and between points B3 and B4</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 17F and 17G</default:td></default:tr><default:tr><default:td/><default:td>Footpath AE369 between points D1 and D2</default:td><default:td>New footpath between points D1 and D3</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parishes of Mersham and Smeeth</default:td><default:td>Footpath AE373 between points E1 and E2</default:td><default:td>New footpath between points E1, E3 and E2</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Smeeth</default:td><default:td>Footpath AE428 between points A1, A2 and A3 and footpath AE430 between points A2 and A4</default:td><default:td>New footpath between points A3, A5, A1 and A4</default:td></default:tr><default:tr><default:td/><default:td>Station Road (B2069) between points B1 and B2</default:td><default:td>Work <abbr title="Number">No.</abbr> 17H</default:td></default:tr><default:tr><default:td/><default:td>Footpath AE435 between points C1 and C8</default:td><default:td>New footpath between points C1, C3, and C4</default:td></default:tr><default:tr><default:td/><default:td>Footpath AE437 between points C7 and C5</default:td><default:td>New footpath between points C7, C6, C4 and C5</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Aldington</default:td><default:td>Church Lane (B1424) between points E1 and E2</default:td><default:td>Work <abbr title="Number">No.</abbr> 17K</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Sellindge</default:td><default:td>Footpath HE309 between points A1, A3 and A4</default:td><default:td>New footpath between points A1, A2 and A4</default:td></default:tr><default:tr><default:td/><default:td>Bridleway HE271A between points C1, C2 and C3</default:td><default:td>New bridleway between points C1 and C4 and new footpath between points C1, C2 and C3</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Stanford</default:td><default:td>Footpath HE274 between points A1, A2 and A4</default:td><default:td>New footpath between points A1 and A4</default:td></default:tr><default:tr><default:td>District of Shepway, Parishes of Postling, Saltwood and Stanford</default:td><default:td>Footpath HE227 between points B3, C1, C2, C3 and C4</default:td><default:td>Work No.17N and new footpaths between points B3, B4 and C5 and between points C6 and C4</default:td></default:tr><default:tr><default:td>District of Shepway, Parishes of Postling and Saltwood</default:td><default:td>A20 (Ashford Road) between points B1 and B2</default:td><default:td>Work <abbr title="Number">No.</abbr> 17Q and new footpath between points B3, B4 and B5</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Saltwood</default:td><default:td>Footpath HE294 between points A1 and A2</default:td><default:td>Work <abbr title="Number">No.</abbr> 18H and new footpath between points A1 and A3</default:td></default:tr><default:tr><default:td/><default:td>Footpath HE280 between points C1, C2 and C3</default:td><default:td>New footpath between points C4 and C5</default:td></default:tr><default:tr><default:td/><default:td>Footpath HE349 between points C3, C10, C6 and C7</default:td><default:td>New footpath between points C8, C9 and C7</default:td></default:tr><default:tr><default:td/><default:td>Bridleway HE350 between points C11 and C12</default:td><default:td>New bridleway between points C12 and C8</default:td></default:tr></default:tbody></default:table></foreign></tblock></wrapUp></paragraph><paragraph eId="schedule-3-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-3-paragraph-2-1"><num>(1)</num><intro>Subject to the provisions of this paragraph, the nominated undertaker may, in connection with the construction of the works authorised by this Part of this Act, stop up any bridleway or footpath, or part of a bridleway or footpath, which is—</intro><level class="para1" eId="schedule-3-paragraph-2-1-a"><num>(a)</num><content>within the limits of deviation for the scheduled works or within the limits of land to be acquired or used, and</content></level><level class="para1" eId="schedule-3-paragraph-2-1-b"><num>(b)</num><content>not specified in columns (1) and (2) of the table in paragraph 1 above.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-2-2"><num>(2)</num><content>The power conferred by sub-paragraph (1) above shall not be exercised unless the proposed stopping up has been confirmed by the <ins class="first last" ukl:ChangeId="d29p8385" ukl:CommentaryRef="c1899097"><noteRef uk:name="commentary" href="#c1899097" class="commentary"/>appropriate Ministers</ins> upon application by the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-3-paragraph-2-3"><num>(3)</num><intro>The <ins class="first last" ukl:ChangeId="d29p8395" ukl:CommentaryRef="c1899098"><noteRef uk:name="commentary" href="#c1899098" class="commentary"/>appropriate Ministers</ins> shall grant an application under sub-paragraph (2) above if, but only if, <ins class="first last" ukl:ChangeId="d29p8399" ukl:CommentaryRef="c1899099"><noteRef uk:name="commentary" href="#c1899099" class="commentary"/>they are</ins> satisfied—</intro><level class="para1" eId="schedule-3-paragraph-2-3-a"><num>(a)</num><content>that an alternative bridleway or footpath has been provided,</content></level><level class="para1" eId="schedule-3-paragraph-2-3-b"><num>(b)</num><content>that an alternative bridleway or footpath will be provided before the proposed stopping up takes place, or</content></level><level class="para1" eId="schedule-3-paragraph-2-3-c"><num>(c)</num><content>that the provision of an alternative bridleway or footpath is not required.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-2-4"><num>(4)</num><content>Where the <ins class="first last" ukl:ChangeId="d29p8427" ukl:CommentaryRef="c1899140"><noteRef uk:name="commentary" href="#c1899140" class="commentary"/>appropriate Ministers grant</ins> an application under sub-paragraph (2) above, <ins class="first last" ukl:ChangeId="d29p8431" ukl:CommentaryRef="c1899145"><noteRef uk:name="commentary" href="#c1899145" class="commentary"/>they</ins> shall notify the nominated undertaker of the basis on which the application is granted.</content></subparagraph><subparagraph eId="schedule-3-paragraph-2-5"><num>(5)</num><content>Where the basis on which an application under sub-paragraph (2) above is granted is that an alternative bridleway or footpath will be provided, the proposed stopping up shall not take place until the alternative has been provided.</content></subparagraph><subparagraph eId="schedule-3-paragraph-2-6"><num>(6)</num><intro>Before making an application under sub-paragraph (2) above, the nominated undertaker shall publish in at least one local newspaper circulating in the relevant area a notice—</intro><level class="para1" eId="schedule-3-paragraph-2-6-a"><num>(a)</num><intro>specifying—</intro><level class="para2" eId="schedule-3-paragraph-2-6-a-i"><num>(i)</num><content>the bridleway or footpath, or part, proposed to be stopped up,</content></level><level class="para2" eId="schedule-3-paragraph-2-6-a-ii"><num>(ii)</num><content>what, if any, alternative bridleway or footpath is proposed, and</content></level><level class="para2" eId="schedule-3-paragraph-2-6-a-iii"><num>(iii)</num><content>if no alternative is proposed, the reasons why,</content></level></level><level class="para1" eId="schedule-3-paragraph-2-6-b"><num>(b)</num><content>specifying a place in the relevant area where a map or plan illustrating the proposals may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of publication of the notice (“<term refersTo="#term-the-publication-date" eId="term-the-publication-date">the publication date</term>”),</content></level><level class="para1" eId="schedule-3-paragraph-2-6-c"><num>(c)</num><content>stating that any person may within that period make representations about confirmation under sub-paragraph (2) above of the proposed stopping up, and</content></level><level class="para1" eId="schedule-3-paragraph-2-6-d"><num>(d)</num><content>specifying the manner in which such representations may be made.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-2-7"><num>(7)</num><intro>Not later than the publication date, the nominated undertaker shall—</intro><level class="para1" eId="schedule-3-paragraph-2-7-a"><num>(a)</num><content>serve a copy of the notice, together with any map or plan to which it refers, on every local authority whose area includes any of the land on which the bridleway or footpath, or part, proposed to be stopped up is situated, and</content></level><level class="para1" eId="schedule-3-paragraph-2-7-b"><num>(b)</num><content>cause a copy of the notice to be displayed in a prominent position at the ends of the bridleway or footpath, or part, proposed to be stopped up.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-2-8"><num>(8)</num><content>Before granting an application under sub-paragraph (2) above, the <ins class="first last" ukl:ChangeId="d29p8516" ukl:CommentaryRef="c1899150"><noteRef uk:name="commentary" href="#c1899150" class="commentary"/>appropriate Ministers</ins> shall consider any representations made to <ins class="first last" ukl:ChangeId="d29p8520" ukl:CommentaryRef="c1899153"><noteRef uk:name="commentary" href="#c1899153" class="commentary"/>them</ins> in accordance with the nominated undertaker’s notice which have not been withdrawn.</content></subparagraph><subparagraph eId="schedule-3-paragraph-2-9"><num>(9)</num><content>Unless <ins class="first last" ukl:ChangeId="d29p8530" ukl:CommentaryRef="c1899154"><noteRef uk:name="commentary" href="#c1899154" class="commentary"/>they direct</ins> otherwise, <ins class="first last" ukl:ChangeId="d29p8534" ukl:CommentaryRef="c1899155"><noteRef uk:name="commentary" href="#c1899155" class="commentary"/>the Secretary of State's functions</ins> in relation to an application under sub-paragraph (2) above shall, instead of being carried out by <ins class="first last" ukl:ChangeId="d29p8538" ukl:CommentaryRef="c1899158"><noteRef uk:name="commentary" href="#c1899158" class="commentary"/>them</ins>, be carried out by a person appointed by <ins class="first last" ukl:ChangeId="d29p8542" ukl:CommentaryRef="c1899163"><noteRef uk:name="commentary" href="#c1899163" class="commentary"/>them</ins> for the purpose.</content></subparagraph><subparagraph eId="schedule-3-paragraph-2-10"><num>(10)</num><content>In sub-paragraph (6) above, references to the relevant area are to the area in which the bridleway or footpath, or part, proposed to be stopped up is situated.</content></subparagraph><subparagraph eId="schedule-3-paragraph-2-11"><num>(11)</num><content>In sub-paragraph (7)(a) above, “<term refersTo="#term-local-authority" eId="term-local-authority">local authority</term>” means the council of a county, district, parish or London borough, a joint authority established by Part IV of the <noteRef href="#c1899168" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Local Government Act 1985, <ins class="first last" ukl:ChangeId="key-814d9e045ef038147c86805dd3b1f7fe-1503381195989" ukl:CommentaryRef="key-814d9e045ef038147c86805dd3b1f7fe"><noteRef uk:name="commentary" href="#key-814d9e045ef038147c86805dd3b1f7fe" class="commentary"/>the London Fire Commissioner,</ins> a housing action trust established under Part III of the <noteRef href="#c1899173" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Housing Act 1988 and the parish meeting of a rural parish not having a separate parish council.</content></subparagraph><subparagraph eId="schedule-3-paragraph-2-12"><num><ins class="first" ukl:ChangeId="d29p8569" ukl:CommentaryRef="c1899241"><noteRef uk:name="commentary" href="#c1899241" class="commentary"/>(12)</ins></num><content><ins class="last" ukl:ChangeId="d29p8569" ukl:CommentaryRef="c1899241">In this paragraph references to the appropriate Ministers are to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport, Local Government and the Regions and, in relation to the carrying out of any functions, are to those Ministers acting jointly.</ins></content></subparagraph></paragraph><paragraph eId="schedule-3-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-3-paragraph-3-1"><num>(1)</num><intro>On a highway or part of a highway being stopped up under paragraph 1 or 2 above—</intro><level class="para1" eId="schedule-3-paragraph-3-1-a"><num>(a)</num><content>all rights of way over or along it shall be extinguished, and</content></level><level class="para1" eId="schedule-3-paragraph-3-1-b"><num>(b)</num><content>the Secretary of State may appropriate and use, without making any payment, so much of the site of it as is bounded on both sides by land which he owns.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-3-2"><num>(2)</num><content>The nominated undertaker shall compensate any person who suffers loss by the extinguishment under this paragraph of a private right of way.</content></subparagraph><subparagraph eId="schedule-3-paragraph-3-3"><num>(3)</num><content>Any dispute as to a person’s entitlement to compensation under sub-paragraph (2) above, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the <noteRef href="#c1899298" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1961.</content></subparagraph><subparagraph eId="schedule-3-paragraph-3-4"><num>(4)</num><content>The Secretary of State shall not be entitled to any mines or minerals under land which he is entitled to appropriate and use under sub-paragraph (1)(b) above, with the exception of minerals necessarily extracted or used in the construction of the undertaking which the nominated undertaker is authorised to carry on by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-3-paragraph-3-5"><num>(5)</num><intro>Part III of Schedule 2 to the <noteRef href="#c1899299" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981 (regulation of the working of mines or minerals underlying an authorised undertaking) shall apply in relation to the working of any mines or minerals underlying land which the Secretary of State is entitled to appropriate and use under sub-paragraph (1)(b) above with the following modifications—</intro><level class="para1" eId="schedule-3-paragraph-3-5-a"><num>(a)</num><content>references to the undertaking shall be construed as references to the undertaking which the nominated undertaker is authorised to carry on by this Part of this Act,</content></level><level class="para1" eId="schedule-3-paragraph-3-5-b"><num>(b)</num><content>in paragraphs 3 to 5 and 7 to 9, references to the acquiring authority shall be construed as references to the nominated undertaker, and</content></level><level class="para1" eId="schedule-3-paragraph-3-5-c"><num>(c)</num><content>in paragraph 6, the first of the references to the acquiring authority shall be construed as a reference to the nominated undertaker.</content></level></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-3-crossheading-stopping-up-level-crossings"><heading> Stopping up: level crossings</heading><paragraph eId="schedule-3-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-3-paragraph-4-1"><num>(1)</num><content>The nominated undertaker may, in connection with the construction of the works authorised by this Part of this Act, stop up each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1), (2) and (3) of the following table.</content></subparagraph><subparagraph eId="schedule-3-paragraph-4-2"><num>(2)</num><content>The nominated undertaker shall construct the footbridges referred to in column (3) of the following table, but the power conferred by sub-paragraph (1) above shall be independent of the duty imposed by this sub-paragraph.</content></subparagraph><subparagraph eId="schedule-3-paragraph-4-3"><num>(3)</num><intro>On a highway or part of a highway being stopped up under this paragraph—</intro><level class="para1" eId="schedule-3-paragraph-4-3-a"><num>(a)</num><content>all rights of way over or along it shall be extinguished, and</content></level><level class="para1" eId="schedule-3-paragraph-4-3-b"><num>(b)</num><content>the place where the former highway crossed the railway shall cease to be a level crossing for the purposes of any enactment.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-4-4"><num>(4)</num><content>The nominated undertaker shall compensate any person who suffers loss by the extinguishment under this paragraph of a private right of way.</content></subparagraph><subparagraph eId="schedule-3-paragraph-4-5"><num>(5)</num><content>Any dispute as to a person’s entitlement to compensation under sub-paragraph (4) above, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the <noteRef href="#c1899304" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1961.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th><default:th>(3)</default:th></default:tr><default:tr><default:th>Area</default:th><default:th>Name of highway at crossing</default:th><default:th>Extent of closure and nature of work</default:th></default:tr><default:tr><default:th colspan="3">GREATER LONDON</default:th></default:tr><default:tr><default:td>London Borough of Barking and Dagenham</default:td><default:td>Chequers Lane</default:td><default:td>Chequers Lane to be stopped up between points H1 and H2. Footbridge to be provided to carry a new footpath between points H3, H4, H5 and H6.</default:td></default:tr><default:tr><default:td>London Borough of Havering</default:td><default:td>Manor Way</default:td><default:td>Manor Way to be stopped up between points A1 and A2. Footbridge to be provided to carry a new footpath between points A1, A3, A4, A5, A6 and A2.</default:td></default:tr><default:tr><default:td/><default:td>Ferry Lane</default:td><default:td>Ferry Lane to be stopped up between points F1 and F2. Footbridge to be provided to carry a new footpath between points F3, F4, F5, F6, F7 and F2.</default:td></default:tr><default:tr><default:th colspan="3">COUNTY OF ESSEX</default:th></default:tr><default:tr><default:td>Borough of Thurrock</default:td><default:td>A1090 (Tank Hill Road)</default:td><default:td>A1090 (Tank Hill Road) to be stopped up between points J1 and J7.</default:td></default:tr><default:tr><default:th colspan="3">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Ashford, Town of Ashford</default:td><default:td>Aylesford Place</default:td><default:td>Aylesford Place to be stopped up between points H1 and H2.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-3-crossheading-permanent-obstruction"><heading> Permanent obstruction</heading><paragraph eId="schedule-3-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-3-paragraph-5-1"><num>(1)</num><content>The powers conferred by paragraph 1 or 4 of Schedule 2 to this Act may be exercised in such a way as to obstruct the highway, but only with the consent of the highway authority, such consent not to be unreasonably withheld.</content></subparagraph><subparagraph eId="schedule-3-paragraph-5-2"><num>(2)</num><content>Any dispute with a highway authority under sub-paragraph (1) above shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.</content></subparagraph><subparagraph eId="schedule-3-paragraph-5-3"><num>(3)</num><content>If a highway authority which receives an application for consent under sub-paragraph (1) above fails to notify the applicant of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have granted it.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-3-crossheading-temporary-interference"><heading> Temporary interference</heading><paragraph eId="schedule-3-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-3-paragraph-6-1"><num>(1)</num><intro>For the purposes of the works authorised by this Part of this Act, the nominated undertaker may—</intro><level class="para1" eId="schedule-3-paragraph-6-1-a"><num>(a)</num><content>temporarily stop up or alter or divert any highway or part of a highway,</content></level><level class="para1" eId="schedule-3-paragraph-6-1-b"><num>(b)</num><intro>for any reasonable time—</intro><level class="para2" eId="schedule-3-paragraph-6-1-b-i"><num>(i)</num><content>divert traffic from, and</content></level><level class="para2" eId="schedule-3-paragraph-6-1-b-ii"><num>(ii)</num><content>prevent persons passing along,</content></level><wrapUp>any highway or part of a highway, and</wrapUp></level><level class="para1" eId="schedule-3-paragraph-6-1-c"><num>(c)</num><content>break up or interfere with any highway or part of a highway (including any sewer, drain or tunnel in it).</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-6-2"><num>(2)</num><content>The nominated undertaker shall provide reasonable access for pedestrians going to or from premises abutting on a highway affected by the exercise of the powers conferred by this paragraph if there would otherwise be no such access.</content></subparagraph><subparagraph eId="schedule-3-paragraph-6-3"><num>(3)</num><content>It is hereby declared for the avoidance of doubt that there is no need to reinstate a highway or part of a highway in relation to which any of the powers conferred by sub-paragraph (1) above has been exercised where the exercise of the power comes to an end on the exercise, in relation to the highway or part, of the power conferred by paragraph 1(1) or 2(1) above.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-3-crossheading-street-works"><heading> Street works</heading><paragraph eId="schedule-3-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-3-paragraph-7-1"><num>(1)</num><intro>The nominated undertaker may, for the purposes of the works authorised by this Part of this Act, enter upon any highway within the limits of deviation for the scheduled works or within the limits of land to be acquired or used and—</intro><level class="para1" eId="schedule-3-paragraph-7-1-a"><num>(a)</num><content>place apparatus in it,</content></level><level class="para1" eId="schedule-3-paragraph-7-1-b"><num>(b)</num><content>maintain apparatus in it,</content></level><level class="para1" eId="schedule-3-paragraph-7-1-c"><num>(c)</num><content>change the position of apparatus in it,</content></level><level class="para1" eId="schedule-3-paragraph-7-1-d"><num>(d)</num><content>remove apparatus from it, and</content></level><level class="para1" eId="schedule-3-paragraph-7-1-e"><num>(e)</num><content>execute any works required for, or incidental to, any works authorised by paragraph (a), (b), (c) or (d) above.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-7-2"><num>(2)</num><content>In this paragraph, “<term refersTo="#term-apparatus" eId="term-apparatus">apparatus</term>” has the same meaning as in Part III of the <noteRef href="#c1899308" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991.</content></subparagraph></paragraph><paragraph eId="schedule-3-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-3-paragraph-8-1"><num>(1)</num><intro>Works to which sub-paragraph (2) below applies shall be treated for the purposes of Part III of the New Roads and Street Works Act 1991 (street works) as major highway works if—</intro><level class="para1" eId="schedule-3-paragraph-8-1-a"><num>(a)</num><content>they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) of that Act (which defines what highway authority works are major highway works), or</content></level><level class="para1" eId="schedule-3-paragraph-8-1-b"><num>(b)</num><content>they are works which, had they been executed under the powers of the highway authority, might have been carried out in exercise of the powers conferred by section 64 (dual carriageways and roundabouts) or 184 (vehicle crossings over footways and verges) of the <noteRef href="#c1899330" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Highways Act 1980.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-8-2"><num>(2)</num><content>This sub-paragraph applies to any works executed under this Part of this Act in relation to a highway which consists of or includes a carriageway, other than those executed under power delegated to a highway authority by an agreement under paragraph 14(2) below.</content></subparagraph><subparagraph eId="schedule-3-paragraph-8-3"><num>(3)</num><content>In Part III of the New Roads and Street Works Act 1991, references, in relation to major highway works, to the highway authority concerned shall, in relation to works which are major highway works by virtue of sub-paragraph (1) above, be construed as references to the nominated undertaker.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-3-crossheading-construction"><heading> Construction</heading><paragraph eId="schedule-3-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-3-paragraph-9-1"><num>(1)</num><intro>Where under this Part of this Act the nominated undertaker—</intro><level class="para1" eId="schedule-3-paragraph-9-1-a"><num>(a)</num><content>constructs a new highway, or</content></level><level class="para1" eId="schedule-3-paragraph-9-1-b"><num>(b)</num><content>alters a highway, otherwise than by carrying out street works within the meaning of Part III of the New Roads and Street Works Act 1991,</content></level><wrapUp>the construction or alteration shall be completed to the reasonable satisfaction of the highway authority.</wrapUp></subparagraph><subparagraph eId="schedule-3-paragraph-9-2"><num>(2)</num><content>Where work to which sub-paragraph (1) above applies has been completed to the reasonable satisfaction of a highway authority, it shall certify that fact in writing to the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-3-paragraph-9-3"><num>(3)</num><intro>If the nominated undertaker requests a highway authority to issue a certificate under sub-paragraph (2) above and the highway authority does not before the end of the period of 28 days beginning with the date on which the request was made—</intro><level class="para1" eId="schedule-3-paragraph-9-3-a"><num>(a)</num><content>issue a certificate under that sub-paragraph, or</content></level><level class="para1" eId="schedule-3-paragraph-9-3-b"><num>(b)</num><content>notify the nominated undertaker of its decision to refuse to issue such a certificate,</content></level><wrapUp>it shall be deemed to have issued such a certificate at the end of that period.</wrapUp></subparagraph><subparagraph eId="schedule-3-paragraph-9-4"><num>(4)</num><content>Any dispute with a highway authority under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.</content></subparagraph></paragraph><paragraph eId="schedule-3-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-3-paragraph-10-1"><num>(1)</num><intro>Sub-paragraph (2) below applies where under this Part of this Act the nominated undertaker—</intro><level class="para1" eId="schedule-3-paragraph-10-1-a"><num>(a)</num><content>realigns a highway which is constituted by or comprises a carriageway, or</content></level><level class="para1" eId="schedule-3-paragraph-10-1-b"><num>(b)</num><content>constructs a new highway which is constituted by or comprises a carriageway,</content></level><wrapUp>and the highway is one for which a local highway authority is the highway authority.</wrapUp></subparagraph><subparagraph eId="schedule-3-paragraph-10-2"><num>(2)</num><content>The realignment, or construction, shall be carried out in accordance with plans, sections and specifications approved by the highway authority at the request of the nominated undertaker, such approval not to be unreasonably withheld.</content></subparagraph><subparagraph eId="schedule-3-paragraph-10-3"><num>(3)</num><content>Any dispute with a highway authority under sub-paragraph (2) above shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.</content></subparagraph><subparagraph eId="schedule-3-paragraph-10-4"><num>(4)</num><content>If, on application by the nominated undertaker for the approval of plans, sections or specifications under sub-paragraph (2) above, the highway authority fails to notify the nominated undertaker of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have approved the plans, sections or specifications as submitted.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-3-crossheading-maintenance"><heading> Maintenance</heading><paragraph eId="schedule-3-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-3-paragraph-11-1"><num>(1)</num><intro>Sub-paragraph (2) below applies where under this Part of this Act the nominated undertaker—</intro><level class="para1" eId="schedule-3-paragraph-11-1-a"><num>(a)</num><content>constructs a new highway, or</content></level><level class="para1" eId="schedule-3-paragraph-11-1-b"><num>(b)</num><content>alters a highway, otherwise than by carrying out street works within the meaning of Part III of the <noteRef href="#c1899334" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-11-2"><num>(2)</num><intro>Unless otherwise agreed between the nominated undertaker and the highway authority, the new or altered highway shall be maintained by and at the expense of the nominated undertaker for a period of 12 months from the later of—</intro><level class="para1" eId="schedule-3-paragraph-11-2-a"><num>(a)</num><content>the date of practical completion, and</content></level><level class="para1" eId="schedule-3-paragraph-11-2-b"><num>(b)</num><content>the date on which it is first open for public use;</content></level><wrapUp>and after the end of that period shall be maintained by and at the expense of the highway authority.</wrapUp></subparagraph><subparagraph eId="schedule-3-paragraph-11-3"><num>(3)</num><content>Where in relation to a highway to which sub-paragraph (2) above applies the highway authority is satisfied that the highway is practically complete or is open for public use, it shall, at the request of the nominated undertaker, certify to it in writing the date of practical completion of the highway or, as the case may be, the date on which it was first open for public use.</content></subparagraph><subparagraph eId="schedule-3-paragraph-11-4"><num>(4)</num><content>If the highway authority refuses a request to issue a certificate under sub-paragraph (3) above, or if the nominated undertaker disputes the date given in a certificate under that sub-paragraph, the matter shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.</content></subparagraph><subparagraph eId="schedule-3-paragraph-11-5"><num>(5)</num><intro>For the purposes of sub-paragraph (2) above, the date of practical completion of a highway, or the date on which it is first open for public use, shall be taken to be—</intro><level class="para1" eId="schedule-3-paragraph-11-5-a"><num>(a)</num><content>where the date has been determined under sub-paragraph (4) above, the date so determined, and</content></level><level class="para1" eId="schedule-3-paragraph-11-5-b"><num>(b)</num><content>where it has not, the date certified under sub-paragraph (3) above.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-11-6"><num>(6)</num><intro>Sub-paragraph (2) above shall not have effect to impose any obligation in relation to—</intro><level class="para1" eId="schedule-3-paragraph-11-6-a"><num>(a)</num><content>the structure of any bridge carrying a highway over, or</content></level><level class="para1" eId="schedule-3-paragraph-11-6-b"><num>(b)</num><content>the structure of any tunnel carrying a highway under,</content></level><wrapUp>any railway of the nominated undertaker.</wrapUp></subparagraph><subparagraph eId="schedule-3-paragraph-11-7"><num>(7)</num><content>Nothing in this paragraph shall prejudice the operation of section 87 of the New Roads and Street Works Act 1991.</content></subparagraph></paragraph><paragraph eId="schedule-3-paragraph-12" class="schProv1"><num>12</num><content>Notwithstanding anything in section 46 of the <noteRef href="#c1899336" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Clauses Consolidation Act 1845, as incorporated with this Act, the nominated undertaker shall not be liable to maintain the surface of any highway under or over which the scheduled works shall be constructed, or the immediate approaches to any such highway.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-3-crossheading-bridges-carrying-highways"><heading> Bridges carrying highways</heading><paragraph eId="schedule-3-paragraph-13" class="schProv1"><num>13</num><content>Each of sections 116 and 117 of the <noteRef href="#c1899338" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Transport Act 1968 (duties as respects bridges carrying highways over railways) shall apply as if the nominated undertaker were one of the boards mentioned in that section.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-3-crossheading-agreements-with-highway-authorities-etc"><heading> Agreements with highway authorities <abbr title="et cetera" xml:lang="la">etc.</abbr></heading><paragraph eId="schedule-3-paragraph-14" class="schProv1"><num>14</num><subparagraph eId="schedule-3-paragraph-14-1"><num>(1)</num><intro>Where under this Schedule the nominated undertaker is authorised to stop up or interfere with an existing highway or part of an existing highway, it may enter into agreements with the persons having the charge, management or control of the highway concerning the construction (or contribution towards the expense of the construction) of—</intro><level class="para1" eId="schedule-3-paragraph-14-1-a"><num>(a)</num><content>any new highway to be provided in substitution,</content></level><level class="para1" eId="schedule-3-paragraph-14-1-b"><num>(b)</num><content>any alteration of the existing highway, and</content></level><level class="para1" eId="schedule-3-paragraph-14-1-c"><num>(c)</num><content>any other related matters.</content></level></subparagraph><subparagraph eId="schedule-3-paragraph-14-2"><num>(2)</num><content>The nominated undertaker may, by agreement with any such persons, delegate to them the power of constructing any such new highway or any such alteration of an existing highway, including any bridge over any railway, and, where the nominated undertaker is responsible for maintaining the new or altered highway (or bridge), the power to maintain it.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-3-crossheading-use-of-subsoil"><heading> Use of subsoil</heading><paragraph eId="schedule-3-paragraph-15" class="schProv1"><num>15</num><content>The nominated undertaker may enter upon, take and use for the purposes of the works authorised by this Part of this Act so much of the subsoil of any highway within the limits of deviation for the scheduled works or within the limits of land to be acquired or used as shall be required for the purpose of the construction or maintenance of those works, without being required to acquire that subsoil or any interest therein.</content></paragraph></hcontainer></hcontainer><hcontainer name="schedule" eId="schedule-4"><num>SCHEDULE 4<authorialNote class="referenceNote">Section 4.</authorialNote></num><heading> Acquisition of Land within Limits Shown on Deposited Plans</heading><part eId="schedule-4-part-I"><num>Part I</num><heading> Purposes for which Certain Land may be Acquired or Used</heading><content><tblock class="table" ukl:Orientation="portrait"><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th><default:th>(3)</default:th></default:tr><default:tr><default:th>Area</default:th><default:th>Number of land shown on deposited plans</default:th><default:th>Purpose for which land may be acquired or used</default:th></default:tr><default:tr><default:th colspan="3">GREATER LONDON</default:th></default:tr><default:tr><default:td>London Borough of Camden</default:td><default:td>15, 16 and 159</default:td><default:td>The provision of car parking, a working site, and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>1 to 13, 149 to 151 and 153 to 158</default:td><default:td>Road improvement works and alterations to ventilation shafts.</default:td></default:tr><default:tr><default:td/><default:td>37</default:td><default:td>The provision of parking, a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>61</default:td><default:td>The provision of parking and a working site.</default:td></default:tr><default:tr><default:td/><default:td>79</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>63, 64, 74 and 76 to 78</default:td><default:td>The provision of access for protective works.</default:td></default:tr><default:tr><default:td/><default:td>87</default:td><default:td>The provision of access for construction purposes and a working site.</default:td></default:tr><default:tr><default:td/><default:td>182 and 189 to 192</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>194, 196 and 197</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>198 to 200</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>203 and 204</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>227</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>London Borough of Islington</default:td><default:td>1 and 2</default:td><default:td>Road improvement works.</default:td></default:tr><default:tr><default:td/><default:td>331, 333, 334, 336 and 337</default:td><default:td>The construction of a ventilation shaft, provision of permanent access thereto, and a working site.</default:td></default:tr><default:tr><default:td/><default:td>786 and 1048</default:td><default:td>The provision of electricity supply apparatus, access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>782 and 1050</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>787 and 788</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>792 and 794</default:td><default:td>The provision of protective works for public utilities’ apparatus.</default:td></default:tr><default:tr><default:td>London Borough of Hackney</default:td><default:td>184 and 212</default:td><default:td>The construction of a ventilation shaft, provision of permanent access thereto, and a working site.</default:td></default:tr><default:tr><default:td/><default:td>773 to 777</default:td><default:td>The provision of access for construction purposes and river bank strengthening works.</default:td></default:tr><default:tr><default:td/><default:td>778 and 779</default:td><default:td>The provision of barge moorings and barge loading facilities.</default:td></default:tr><default:tr><default:td/><default:td>780</default:td><default:td>The provision of barge loading facilities, spoil handling plant and machinery, a temporary shaft to Work <abbr title="Number">No.</abbr> 6, a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>781 and 782</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>London Borough of Newham</default:td><default:td>1 and 2 (part)</default:td><default:td>The provision of a working site, access for construction purposes and river bank strengthening works.</default:td></default:tr><default:tr><default:td/><default:td>2 (part), 5 (part), 7 (part) and 8 (part)</default:td><default:td>Alteration of overhead electric cables for electricity supply for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>6</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>7 (part)</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td/><default:td>1, 4, 5 (part) and 8 (part)</default:td><default:td>The provision of a working site, drainage works and river bank strengthening works and diversion of a telephone cable.</default:td></default:tr><default:tr><default:td/><default:td>7 (part), 8 (part) and 11 (part)</default:td><default:td>The provision of permanent access for operational purposes and diversion of a telephone cable.</default:td></default:tr><default:tr><default:td/><default:td>8 (part) and 11 (part)</default:td><default:td>The provision of a working site and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>8 (part)</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td/><default:td>8 (part), 12 (part), 14 and 15</default:td><default:td>The provision of a working site, access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>8 (part), 12 (part) and 13</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>519 to 521, 541 and 550</default:td><default:td>The construction of a ventilation shaft, provision of permanent access thereto, and a working site.</default:td></default:tr><default:tr><default:td/><default:td>1237 (part), 1244 and 1245</default:td><default:td>The construction of a ventilation shaft, provision of permanent access thereto, and a working site.</default:td></default:tr><default:tr><default:td/><default:td>1237 (part) and 1239</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td/><default:td>1253 and 1254 (part)</default:td><default:td>The provision of barge moorings and barge loading facilities.</default:td></default:tr><default:tr><default:td/><default:td>1254 (part)</default:td><default:td>The provision of spoil handling plant and machinery, a conveyor, a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>1255 and 1260</default:td><default:td>The provision of spoil handling plant and machinery, a conveyor and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>1261</default:td><default:td>The provision of spoil handling plant and machinery and a conveyor.</default:td></default:tr><default:tr><default:td/><default:td>1262 and 1263 (part)</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>1263 (part) and 1264 (part)</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>1264 (part), 1265 and 1268</default:td><default:td>The provision of a temporary footbridge and raising of the existing footbridge.</default:td></default:tr><default:tr><default:td/><default:td>1269</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>London Borough of Waltham Forest</default:td><default:td>1 and 3</default:td><default:td>The provision of a working site and a temporary tunnel segments manufacturing facility, a maintenance and servicing depot, access and drainage works.</default:td></default:tr><default:tr><default:td/><default:td>5 to 8 (part)</default:td><default:td>The provision of drainage works.</default:td></default:tr><default:tr><default:td/><default:td>8 (part) and 9</default:td><default:td>The provision of access for construction of drainage works.</default:td></default:tr><default:tr><default:td/><default:td>10</default:td><default:td>The provision of access for construction of drainage works.</default:td></default:tr><default:tr><default:td/><default:td>13 and 14</default:td><default:td>The provision of drainage works.</default:td></default:tr><default:tr><default:td>London Borough of Barking and Dagenham</default:td><default:td>161, 166 (part), 167 (part), 168 and 169</default:td><default:td>The provision of underground electric cables for electricity supply apparatus.</default:td></default:tr><default:tr><default:td/><default:td>195 and 199</default:td><default:td>The provision of a turning head.</default:td></default:tr><default:tr><default:td/><default:td>196 (part) and 197 (part)</default:td><default:td>Reinstatement of railway sidings.</default:td></default:tr><default:tr><default:td/><default:td>206 and 209</default:td><default:td>Alterations to a proposed service bridge and the provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>205</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>182</default:td><default:td>Road improvement works.</default:td></default:tr><default:tr><default:td/><default:td>195, 198 (part), 200 (part) to 202</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>198 (part)</default:td><default:td>The provision of a working site and diversion of high pressure gas pipelines and other public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>208 (part)</default:td><default:td>The diversion of high pressure gas pipelines, a water pipe, overhead electric cables and other public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>208 (part) and 210</default:td><default:td>The diversion of high pressure gas pipelines, a water pipe, overhead electric cables and other public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>221 to 226 (part)</default:td><default:td>The diversion of gas pipelines, overhead electric cables and other public utilities’ apparatus and provision of a working site.</default:td></default:tr><default:tr><default:td/><default:td>215 and 226 (part)</default:td><default:td>The provision of accesses for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>217 to 219</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>766 and 768</default:td><default:td>The construction of a ventilation shaft, provision of permanent access thereto and a working site.</default:td></default:tr><default:tr><default:td/><default:td>787, 788 and 790 to 793</default:td><default:td>The provision of protective works for public utilities’ apparatus and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>789 and 795 (part)</default:td><default:td>The provision of a working site, access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>795 (part) and 798</default:td><default:td>The provision of electricity supply apparatus and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>797</default:td><default:td>The provision of electricity supply apparatus and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>800, 801 and 831</default:td><default:td>The provision of a working site, a conveyor, spoil handling plant and machinery, diversion of overhead electric cables and other public utilities’ apparatus and access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>802</default:td><default:td>The diversion of public utilities’ apparatus</default:td></default:tr><default:tr><default:td/><default:td>803, 804, 808 and 809</default:td><default:td>The provision of a working site, a turning head and access for construction purposes, diversion of public utilities’ apparatus and alteration of watercourses.</default:td></default:tr><default:tr><default:td/><default:td>805 to 807</default:td><default:td>The provision of access for construction purposes, diversion of overhead electric cables and other public utilities’ apparatus and alteration of watercourses.</default:td></default:tr><default:tr><default:td/><default:td>814 and 815</default:td><default:td>Provision of a turning head, alteration of watercourses and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>829 and 830</default:td><default:td>The provision of a conveyor, spoil handling plant and machinery, and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>839</default:td><default:td>The use of a jetty and provision of moorings in the River Thames.</default:td></default:tr><default:tr><default:td/><default:td>841</default:td><default:td>The diversion of public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>818, 819, 821, 822, 842 to 845 and 846 (part)</default:td><default:td>The diversion of overhead electric cables and other public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>846 (part) and 847 to 849</default:td><default:td>The diversion of overhead electric cables, high pressure gas pipelines and other public utilities’ apparatus.</default:td></default:tr><default:tr><default:td>London Borough of Havering</default:td><default:td>1 to 4</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>7, 8, 10 (part), 11 and 12</default:td><default:td>The provision of electricity supply apparatus, diversion of gas pipelines, overhead electric cables and other public utilities’ apparatus and provision of a working site.</default:td></default:tr><default:tr><default:td/><default:td>10 (part) and 15, 16, 17 (part) and 18 (part)</default:td><default:td>The diversion of high pressure gas pipelines, overhead electric cables and other public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>10 (part)</default:td><default:td>Connection of diverted high pressure gas pipelines to the existing network.</default:td></default:tr><default:tr><default:td/><default:td>10 (part)</default:td><default:td>The provision of a balancing pond, a working site, diversion of public utilities’ apparatus and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>19 to 22</default:td><default:td>The construction of a turning head and provision of a footbridge.</default:td></default:tr><default:tr><default:td/><default:td>17 (part) and 18 (part)</default:td><default:td>The diversion of public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>18 (part)</default:td><default:td>The provision of permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>25 to 30 and 45</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>18 (part), 50 (part), 51, and 61</default:td><default:td>The provision of flood storage land at Rainham Creek.</default:td></default:tr><default:tr><default:td/><default:td>50 (part) and 59 to 66</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>55 and 56</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>18 (part), 52, 53, 79 (part), 80 (part) and 81 to 83</default:td><default:td>The diversion of high pressure gas pipelines.</default:td></default:tr><default:tr><default:td/><default:td>57, 72 and 73</default:td><default:td>The construction of a turning head and provision of a new footbridge.</default:td></default:tr><default:tr><default:td/><default:td>79 (part) and 80 (part)</default:td><default:td>The provision of a working site, alteration of watercourses and diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>79 (part)</default:td><default:td>The diversion of a high pressure gas pipeline and alteration of watercourses.</default:td></default:tr><default:tr><default:td/><default:td>79 (part), 80 (part) and 84 (part)</default:td><default:td>The diversion of a high pressure gas pipeline and provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>84 (part) and 86 (part)</default:td><default:td>The diversion of a high pressure gas pipeline, diversion of overhead electric cables, alteration of watercourses and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>85</default:td><default:td>The provision of noise barriers.</default:td></default:tr><default:tr><default:td/><default:td>87 (part), and 88</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>87 (part), 89 and 90 (part)</default:td><default:td>The provision of noise barriers and diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>84 (part) and 86 (part)</default:td><default:td>The provision of landscaping, alteration of watercourses and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>86 (part)</default:td><default:td>The alteration of watercourses.</default:td></default:tr><default:tr><default:td/><default:td>90 (part) to 92</default:td><default:td>The alteration of watercourses.</default:td></default:tr><default:tr><default:td/><default:td>93 and 94</default:td><default:td>The diversion of overhead electric cables, high pressure gas pipeines and other public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>95 to 107</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>108</default:td><default:td>The diversion of public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>109</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td>London Borough of Hammersmith and Fulham</default:td><default:td>1, 2 and 8 to 12</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:th colspan="3">COUNTY OF ESSEX</default:th></default:tr><default:tr><default:td>Borough of Thurrock</default:td><default:td>4 (part)</default:td><default:td>The alteration of watercourses.</default:td></default:tr><default:tr><default:td/><default:td>42 and 44</default:td><default:td>The diversion of water and gas pipes.</default:td></default:tr><default:tr><default:td/><default:td>39 and 45</default:td><default:td>The provision of a working site and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>47 and 48 (part)</default:td><default:td>The provision of landscaping.</default:td></default:tr><default:tr><default:td/><default:td>46, 48 (part), 49 and 51</default:td><default:td>The provision of a working site, landscaping and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>48 (part) and 50</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>54 (part) and 55 (part)</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>52, 54 (part) and 55 (part) to 67</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>81, 83, 84, 89, 93, 94, 96 and 98</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>91 and 92</default:td><default:td>The provision of a spoil disposal site.</default:td></default:tr><default:tr><default:td/><default:td>100</default:td><default:td>The construction of a ventilation shaft, provision of permanent access thereto and a working site.</default:td></default:tr><default:tr><default:td/><default:td>101 and 102</default:td><default:td>The provision of permanent access to a ventilation shaft and a working site.</default:td></default:tr><default:tr><default:td/><default:td>104</default:td><default:td>The diversion of overhead electric cables, provision of a working site and diversion of high pressure gas pipelines.</default:td></default:tr><default:tr><default:td/><default:td>107</default:td><default:td>The provision of a working site and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>108 and 155</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>109 to 114</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>120 and 126</default:td><default:td>The provision of landscaping, diversion of overhead electric cables and provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>128 and 129</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>130</default:td><default:td>The provision of landscaping, diversion of overhead electric cables and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>131, 137 and 138</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>141 and 142</default:td><default:td>The provision of access to public utilities’ apparatus.</default:td></default:tr><default:tr><default:th colspan="3">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Dartford, Parish of Swanscombe and Greenhithe</default:td><default:td>1 and 2</default:td><default:td>Use of working jetty and moorings in the River Thames.</default:td></default:tr><default:tr><default:td/><default:td>2 (part) and 3 (part)</default:td><default:td>The provision of working sites, spoil settlement lagoons, and spoil disposal.</default:td></default:tr><default:tr><default:td/><default:td>2 (part)</default:td><default:td>The provision of working sites, access for construction purposes and spoil disposal.</default:td></default:tr><default:tr><default:td/><default:td>2 (part)</default:td><default:td>The provision of a ventilation shaft and permanent access thereto, and a working site.</default:td></default:tr><default:tr><default:td/><default:td>2 (part) and 11 (part)</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>11, 13 and 14</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>15 (part)</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>15 (part), 18, 19, 20, 24 and 25 (part)</default:td><default:td>The provision of landscaping and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>25 (part), 26 to 32 and 33 (part)</default:td><default:td>The provision of an international and domestic passenger station with ancillary development and parking, diversion of overhead electric cables and provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>21, 22, 23 and 25 (part)</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>25 (part)</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>36 and 39</default:td><default:td>The diversion of overhead electric cables and provision of a new access to Northfleet West Grid sub-station.</default:td></default:tr><default:tr><default:td/><default:td>25 (part), 41 and 42</default:td><default:td>The provision of access for construction purposes and diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>33</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td>Borough of Dartford, Parish of Southfleet</default:td><default:td>11</default:td><default:td>Alteration of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>12 and 13</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>16, 19 and 32 (part)</default:td><default:td>The diversion of underground electric cables.</default:td></default:tr><default:tr><default:td/><default:td>26</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>19 (part)</default:td><default:td>The provision of a working site, access for construction purposes and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>19 (part)</default:td><default:td>The provision of a working site, and diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>74</default:td><default:td>The provision of a working site, protective works and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>49 (parts)</default:td><default:td>The provision of working sites.</default:td></default:tr><default:tr><default:td/><default:td>53</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>49 (part) and 54</default:td><default:td>The provision of access for construction purposes and permanent access to electrical apparatus.</default:td></default:tr><default:tr><default:td/><default:td>44</default:td><default:td>The provision of a balancing pond.</default:td></default:tr><default:tr><default:td/><default:td>11, 14 and 31, 32 (part), 33 and 34</default:td><default:td>The provision of a working site, access for construction purposes and diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td>Borough of Dartford, Parish of Longfield and New Barn</default:td><default:td>2, 5 and 6</default:td><default:td>The provision of a balancing pond, landscaping, diversion of a high pressure gas pipeline and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>9 and 12</default:td><default:td>The diversion of a high pressure gas pipeline, provision of balancing ponds and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>10</default:td><default:td>The provision of a working site, protective works and landscaping.</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Town of Gravesend</default:td><default:td>1</default:td><default:td>The provision of spoil settlement lagoons and spoil disposal.</default:td></default:tr><default:tr><default:td/><default:td>2, 3 and 4</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>10</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>12 to 14</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>15, 16 (part) and 17 (part)</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>16 (part) and 17 (part)</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>16 (part), 17 (part), 22 to 30 (part), 31 (part), 32 (part), 33 (part), 34 (part), 45 (part) and 46 (part)</default:td><default:td>The provision of an international and domestic passenger station with ancillary development and parking and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>31 (part), 32 (part), 33 (part), 34 (part), 35 and 36</default:td><default:td>The diversion of overhead electric cables, landscaping and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>16 (part), 45 (part) and 46 (part)</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>30 (part)</default:td><default:td>The provision of protective works for a pumping station and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>44, 47, 48, 62 and 63</default:td><default:td>The provision of a working site, spoil disposal site and use of jetty and rail access.</default:td></default:tr><default:tr><default:td/><default:td>30 (part)</default:td><default:td>The provision of landscaping.</default:td></default:tr><default:tr><default:td/><default:td>42</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>70 (part)</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td/><default:td>68</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>30 (part), 31 (part), 70 (part) and 71 (part)</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>37 and 74 to 79</default:td><default:td>The alteration of overhead electric cables, the provision of access for construction purposes, a working site and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>72</default:td><default:td>The alteration of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>78, 80 and 81</default:td><default:td>The provision of access for work on overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>88, 89 (part) and 90 to 93</default:td><default:td>The provision of a working site, a balancing pond, diversion of overhead electric cables and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>99, 100 (part) and 101 (part)</default:td><default:td>The provision of a working site and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>93, 100 (part), 101 (part) and 102</default:td><default:td>The provision of landscaping.</default:td></default:tr><default:tr><default:td/><default:td>97</default:td><default:td>The diversion of overhead electric cables and provision of landscaping.</default:td></default:tr><default:tr><default:td/><default:td>105, 107 and 108</default:td><default:td>The provision of a spoil disposal site and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>109 to 112</default:td><default:td>The provision of pedestrian access, a footbridge, a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>District of Sevenoaks, Parish of Horton Kirby and South Darenth</default:td><default:td>3, 4 and 5</default:td><default:td>The provision of an electricity supply to an existing railway and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>2</default:td><default:td>The diversion of a high pressure gas pipeline.</default:td></default:tr><default:tr><default:td>District of Sevenoaks, Parish of Swanley</default:td><default:td>1</default:td><default:td>The provision of electricity supply apparatus to existing railway.</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Cobham</default:td><default:td>1 to 6 and 7 (part)</default:td><default:td>The provision of landscaping, a spoil disposal site and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>7 (part)</default:td><default:td>The diversion of a high pressure gas pipeline.</default:td></default:tr><default:tr><default:td/><default:td>9 (part)</default:td><default:td>The provision of a spoil disposal site and diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>9 (part), 10, 11 and 12</default:td><default:td>The provision of a balancing pond, landscaping, diversion of a high pressure gas pipeline, overhead electric cables, a connection to electricity supply apparatus and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>9 (part)</default:td><default:td>The provision of electricity supply apparatus, connection to the electricity supply and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>23, 25, and 26</default:td><default:td>The diversion of a water pipe.</default:td></default:tr><default:tr><default:td/><default:td>28</default:td><default:td>The provision of a working site and temporary road diversion.</default:td></default:tr><default:tr><default:td/><default:td>34 (part)</default:td><default:td>The diversion of a footpath.</default:td></default:tr><default:tr><default:td/><default:td>34 (part) and 40 (part)</default:td><default:td>Restoration of Repton Ponds.</default:td></default:tr><default:tr><default:td/><default:td>40 (part)</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td/><default:td>42 (part)</default:td><default:td>The provision of landscaping, diversion of a high pressure gas pipeline and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>42 (part) and 47</default:td><default:td>The provision of a working site, access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>42 (part)</default:td><default:td>The provision of electricity supply apparatus.</default:td></default:tr><default:tr><default:td/><default:td>48</default:td><default:td>The diversion of pipelines, diversion of a footpath and landscaping.</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Higham</default:td><default:td>9 and 10</default:td><default:td>The provision of access to a railhead to be used for construction purposes.</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Shorne</default:td><default:td>1 and 2</default:td><default:td>Alteration of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>18</default:td><default:td>The provision of access to a railhead to be used for construction purposes.</default:td></default:tr><default:tr><default:td>City of Rochester Upon Medway, Parish of Cuxton</default:td><default:td>4</default:td><default:td>The diversion of pipelines, diversion of a footpath and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>5 and 6</default:td><default:td>The provision of a working site, new woodland planting and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>11 to 18, 21, 22, 27 and 29</default:td><default:td>The provision of a working site, permanent access for operational purposes to Medway Bridge (comprised in Work <abbr title="Number">No.</abbr> 13), access for construction purposes and landscaping.</default:td></default:tr><default:tr><default:td>City of Rochester Upon Medway, Town of Rochester</default:td><default:td>8, 9, 10 and 12</default:td><default:td>The provision of a spoil disposal site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>27 to 30 (part), 33 (part) and 39 (part)</default:td><default:td>The provision of a working site and access to the River Medway for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>18 to 22, 30 (part), 33 (part) and 39 (part)</default:td><default:td>The provision of drainage works.</default:td></default:tr><default:tr><default:td/><default:td>36, 49, 52, 53 and 62</default:td><default:td>Access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>39 (part)</default:td><default:td>The provision of a working site, access for construction purposes and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>40, 45, 46, 48, 51 and 63</default:td><default:td>The provision of a working site, landscaping, and protective works to water mains.</default:td></default:tr><default:tr><default:td/><default:td>64 and 67</default:td><default:td>The provision of landscaping.</default:td></default:tr><default:tr><default:td/><default:td>65, 68, 69 and 71</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>Borough of Tonbridge and Malling, Parish of Wouldham</default:td><default:td>1 and 2</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>11 and 13</default:td><default:td>The provision of new woodland planting.</default:td></default:tr><default:tr><default:td>Borough of Tonbridge and Malling, Parish of Aylesford</default:td><default:td>1, 4, 29 and 41</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>190 (part)</default:td><default:td>The provision of a working site and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>190 (part) and 193 to 195</default:td><default:td>The provision of a working site, access for construction purposes, landscaping, a balancing pond, diversion of overhead electric cables and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>190 (part)</default:td><default:td>The provision of electricity supply apparatus and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Boxley</default:td><default:td>38 (part)</default:td><default:td>The provision of electricity supply apparatus and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>37, 38 (part), 39, 40, 41 and 42 (part)</default:td><default:td>The diversion of overhead electric cables and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>38 (part), 42 (part) and 43</default:td><default:td>The provision of drainage works, landscaping and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>44 (part)</default:td><default:td>The provision of landscaping and diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>44 (part)</default:td><default:td>The provision of a balancing pond and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>44 (part) and 45 to 49</default:td><default:td>The provision of a working site, drainage works and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>52 (part) and 53</default:td><default:td>The provision of landscaping and permanent access to a balancing pond and for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>52 (part) and 54 (part)</default:td><default:td>The provision of landscaping, footpath diversion and diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>54 (part) and 58</default:td><default:td>The provision of drainage works.</default:td></default:tr><default:tr><default:td/><default:td>60</default:td><default:td>The provision of new woodland planting.</default:td></default:tr><default:tr><default:td/><default:td>73, 74, 80, 81, 82, and 86 (part)</default:td><default:td>The provision of a balancing pond, landscaping, diversion of a gas pipeline and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>86 (part)</default:td><default:td>The provision of a working site and a footpath diversion.</default:td></default:tr><default:tr><default:td/><default:td>86 (part), 88 and 89 (part)</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>89 (part) and 90</default:td><default:td>The provision of new woodland planting.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Detling</default:td><default:td>1</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>4 and 7 (part)</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>5, 7 (part) and 8</default:td><default:td>The provision of a balancing pond, landscaping and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>14 and 17</default:td><default:td>The provision of a balancing pond and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Thurnham</default:td><default:td>1 and 3</default:td><default:td>The provision of new woodland planting.</default:td></default:tr><default:tr><default:td/><default:td>5</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>8</default:td><default:td>The provision of a balancing pond, diversion of a footpath, landscaping and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>14</default:td><default:td>The provision of a site for nature conservation.</default:td></default:tr><default:tr><default:td/><default:td>18</default:td><default:td>The provision of a working site, landscaping and access for construction purposes.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Hollingbourne</default:td><default:td>1, 3, 4 (part) and 5</default:td><default:td>The provision of a working site, landscaping and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>4 (part), 6, 9 and 10 (part)</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>7 (part) and 8</default:td><default:td>Alteration of a watercourse, provision of a balancing pond and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>7 (part), 16, 17 and 18</default:td><default:td>The provision of drainage works.</default:td></default:tr><default:tr><default:td/><default:td>10 (part)</default:td><default:td>The provision of drainage works, a balancing pond and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>11, 13 and 14</default:td><default:td>The provision of landscaping.</default:td></default:tr><default:tr><default:td/><default:td>19, 20, 24 and 26</default:td><default:td>The provision of permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>29, 32 and 33</default:td><default:td>The provision of balancing ponds and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Leeds</default:td><default:td>1</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Harrietsham</default:td><default:td>8, 9 and 10</default:td><default:td>The provision of a balancing pond, drainage works and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>13</default:td><default:td>The provision of drainage works, a balancing pond and a working site.</default:td></default:tr><default:tr><default:td/><default:td>2, 20, and 21</default:td><default:td>The diversion of public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>32, 34 and 35 to 38 (part)</default:td><default:td>The provision of balancing ponds, drainage works, a working site, access for construction purposes and footpath diversions, landscaping and permanent accesses for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>38 (part), 41 and 42</default:td><default:td>The provision of landscaping and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>43, 45 and 46</default:td><default:td>The provision of a waste disposal site, borrow pit, protective works, landscaping and access for maintenance and construction purposes.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Ulcombe</default:td><default:td>1</default:td><default:td>The provision of a balancing pond, drainage works and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Lenham</default:td><default:td>6</default:td><default:td>The provision of a waste disposal site, borrow pit, protective works, landscaping and access for maintenance and construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>10 and 11</default:td><default:td>The provision of drainage works and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>20 (part)</default:td><default:td>The provision of a spoil disposal site and a balancing pond.</default:td></default:tr><default:tr><default:td/><default:td>20 (part)</default:td><default:td>The provision of a spoil disposal site.</default:td></default:tr><default:tr><default:td/><default:td>33 and 34</default:td><default:td>The provision of a balancing pond.</default:td></default:tr><default:tr><default:td/><default:td>87 to 89 (part)</default:td><default:td>The provision of permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>89 (part), 90 and 91</default:td><default:td>The provision of permanent access for operational purposes.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Charing</default:td><default:td>21 and 22</default:td><default:td>The provision of landscaping and new woodland planting.</default:td></default:tr><default:tr><default:td/><default:td>38 and 39</default:td><default:td>The provision of landscaping.</default:td></default:tr><default:tr><default:td/><default:td>51</default:td><default:td>The provision of replacement access to premises.</default:td></default:tr><default:tr><default:td/><default:td>66</default:td><default:td>The diversion of public utilities’ apparatus.</default:td></default:tr><default:tr><default:td/><default:td>76 and 77</default:td><default:td>The provision of an accommodation access.</default:td></default:tr><default:tr><default:td/><default:td>68, 70, 71 and 72</default:td><default:td>The provision of drainage works.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Hothfield</default:td><default:td>1 and 2</default:td><default:td>The provision of drainage works.</default:td></default:tr><default:tr><default:td/><default:td>6</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>7, 8 (part), 10 (part) and 12 (part)</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>8 (part), 10 (part), 11, and 12 (part)</default:td><default:td>The provision of a working site, landscaping and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>12 (part), 14 and 16</default:td><default:td>The provision of a working site, landscaping and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Westwell</default:td><default:td>1, 4, 5, and 20 (part)</default:td><default:td>The provision of a working site, spoil disposal site, landscaping and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>16, 17, 18, 19, 20 (part) and 21 (part)</default:td><default:td>The provision of a working site and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>21 (part), 24, 25, 26, 27, 40, 41 and 42</default:td><default:td>The provision of access for construction purposes, a working site and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>44 and 45</default:td><default:td>The provision of landscaping.</default:td></default:tr><default:tr><default:td/><default:td>47 and 48</default:td><default:td>The provision a spoil disposal site and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>56, 57, 60 (part), 65 and 67</default:td><default:td>The provision of a borrow pit, spoil disposal site, access for construction purposes, an accommodation access and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>49 and 60 (part)</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Town of Ashford</default:td><default:td>8</default:td><default:td>The provision of a working site and landscaping.</default:td></default:tr><default:tr><default:td/><default:td>6, 10, 12 (part) and 13</default:td><default:td>The provision of drainage works and diversion of a gas main.</default:td></default:tr><default:tr><default:td/><default:td>12 (part) and 14 (part)</default:td><default:td>The provision of accommodation access to premises, landscaping and a working site.</default:td></default:tr><default:tr><default:td/><default:td>14 (part) and 16</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td/><default:td>14 (part) and 15</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>34 to 37 and 48</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>59 to 73 and 76</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>78 (part)</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>46, 78 (part), 79 and 80</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>85, 86, 89, 94 and 95</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>84 and 88</default:td><default:td>The provision of access for construction purposes and permanent emergency access to the gas holder station and depot.</default:td></default:tr><default:tr><default:td/><default:td>92, 93, 98 (part), 99 and 100</default:td><default:td>The provision of access for construction purposes and permanent emergency access to the gas holder station and depot.</default:td></default:tr><default:tr><default:td/><default:td>110, 111, 117 and 122</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>125 (part) and 131</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>178, 181, 183, 194 and 195</default:td><default:td>The provision of flood storage lands and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>144, 145, 177, 179, 180, 184, 185 and 186</default:td><default:td>The provision of drainage works and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>238 to 241</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Sevington</default:td><default:td>5</default:td><default:td>The provision of drainage works, a balancing pond and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>7 and 8</default:td><default:td>The provision of a working site, access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>9 and 12 (part)</default:td><default:td>The provision of drainage works, a balancing pond and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>12 (part), 16 and 19</default:td><default:td>The provision of a railhead, a working site, a balancing pond, access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>28</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td/><default:td>34</default:td><default:td>The provision of drainage works and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>33</default:td><default:td>The provision of a spoil disposal site.</default:td></default:tr><default:tr><default:td/><default:td>35</default:td><default:td>The provision of access for construction purposes, permanent access for operational purposes and dedication of road as a public highway connecting to Bad Munstereifel Road.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Mersham</default:td><default:td>1</default:td><default:td>The provision of a spoil disposal site.</default:td></default:tr><default:tr><default:td/><default:td>4</default:td><default:td>The provision of drainage works, noise barriers and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>11, 14, 15, 17, 20 and 27</default:td><default:td>The provision of drainage works, a balancing pond, noise barriers, landscaping, access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>19, 21, 22, 25 and 26</default:td><default:td>The provision of landscaping, access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>37, 41, 42, 45 and 46</default:td><default:td>The provision of a working site, access for construction purposes, diversion of public utilities’ apparatus, a balancing pond and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>43</default:td><default:td>The provision of noise barriers and drainage works and access for construction purposes.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Smeeth</default:td><default:td>6, 8, 13 and 16</default:td><default:td>The provision of drainage works, footpath diversions, landscaping and permanent access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>24, 27</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>9, 10, 11 and 12</default:td><default:td>The provision of drainage works, a balancing pond, landscaping and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>21 and 28</default:td><default:td>The provision of flood storage lands.</default:td></default:tr><default:tr><default:td/><default:td>30 (part) and 31</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>30 (part)</default:td><default:td>The provision of electricity supply apparatus, landscaping and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>32 to 34</default:td><default:td>The provision of access for construction purposes and alteration of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>35</default:td><default:td>The provision of noise barriers and access for construction purposes.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Aldington</default:td><default:td>5 and 7 (part)</default:td><default:td>The provision of electricity supply apparatus, landscaping and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>7 (part), 12, 13 (part) and 14</default:td><default:td>The provision of electricity supply apparatus and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>3, 6 and 10</default:td><default:td>The diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>13 (part), 19 and 20</default:td><default:td>The provision of a working site, landscaping and access for construction purposes.</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Sellindge</default:td><default:td>3, 4 and 5</default:td><default:td>The provision of noise barriers and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>1, 2 and 6</default:td><default:td>The provision of a working site, diversion of overhead electric cables and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>8</default:td><default:td>Strengthening of railway embankment and diversion of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>9 and 11</default:td><default:td>The diversion of electric high voltage underground cables.</default:td></default:tr><default:tr><default:td/><default:td>12, 14 and 15</default:td><default:td>The diversion of electric high voltage underground cables and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>16, 26 and 32 (part)</default:td><default:td>The diversion of electric high voltage underground cables, the provision of noise barriers and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>32 (part), 33, 46 and 47</default:td><default:td>The alteration of overhead electric cables, provision of noise barriers and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>30</default:td><default:td>The alteration of overhead electric cables.</default:td></default:tr><default:tr><default:td/><default:td>44, 45 and 60</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Stanford</default:td><default:td>1 (part)</default:td><default:td>The provision of noise barriers and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>1 (part) and 2</default:td><default:td>The provision of landscaping and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>8 and 9 (part)</default:td><default:td>The provision of drainage works, noise barriers, a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>7, 9 (part), 17, 18 and 19</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Saltwood</default:td><default:td>1 and 3</default:td><default:td>The provision of a working site, accommodation works and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>7</default:td><default:td>The provision of a balancing pond and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>13 to 16</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>26</default:td><default:td>The provision of a footpath.</default:td></default:tr><default:tr><default:td/><default:td>30</default:td><default:td>The provision of drainage works.</default:td></default:tr><default:tr><default:td/><default:td>37, 38 and 39</default:td><default:td>The provision of a bridleway diversion, reconstruction of a bridleway bridge, provision of a working site, diversion of public utilities’ apparatus and access for construction purposes.</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Postling</default:td><default:td>6 and 8</default:td><default:td>The provision of permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>11 and 14 to 18</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Newington</default:td><default:td>3 and 4</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>6 and 9</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>17 and 27 (part)</default:td><default:td>The provision of a spoil disposal site and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>14, 15, 16, 19, 20, 21, 32 and 37</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>31 and 40</default:td><default:td>The provision of working sites and access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>27 (part)</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td/><default:td>13, 25 and 29</default:td><default:td>The provision of access for construction purposes, and permanent access to a balancing pond and for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>60 and 61</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>62</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Hythe</default:td><default:td>1</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>District of Shepway, Town of Folkestone</default:td><default:td>1</default:td><default:td>Alteration of railway track equipment.</default:td></default:tr><default:tr><default:td/><default:td>2 and 3</default:td><default:td>The provision of access for construction purposes, and permanent access to a balancing pond and for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>4 (part)</default:td><default:td>The provision of access for construction purposes and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>4 (part)</default:td><default:td>The provision of lineside equipment and permanent access for operational purposes.</default:td></default:tr><default:tr><default:td/><default:td>6</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>District of Thanet, Parish of Minster</default:td><default:td>2</default:td><default:td>The provision of access to a railhead to be used for construction purposes.</default:td></default:tr><default:tr><default:td>Borough of Dover, Parish of Sandwich</default:td><default:td>1</default:td><default:td>The provision of access to a railhead to be used for construction purposes.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></part><part eId="schedule-4-part-II"><num>Part II</num><heading> Application of Legislation Relating to Compulsory Purchase</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-II-crossheading-lands-clauses-consolidation-act-1845"><heading> Lands Clauses Consolidation Act 1845</heading><paragraph eId="schedule-4-paragraph-1" class="schProv1"><num>1</num><content>The <noteRef href="#c1252152" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Lands Clauses Consolidation Act 1845 shall not apply to the acquisition of land under section 4(1) above.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-II-crossheading-compulsory-purchase-act-1965"><heading> Compulsory Purchase Act 1965</heading><paragraph eId="schedule-4-paragraph-2" class="schProv1"><num>2</num><content>Part I of the <noteRef href="#c1252153" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, so far as not inconsistent with this Part of this Act, shall apply to an acquisition of land under section 4(1) above as it applies to a compulsory purchase to which Schedule 1 to the <noteRef href="#c1252154" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981 applies and as if this Act were a compulsory purchase order under that Act.</content></paragraph><paragraph eId="schedule-4-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-4-paragraph-3-1"><num>(1)</num><content>In its application by virtue of paragraph 2 above, the Compulsory Purchase Act 1965 shall have effect with the following modifications.</content></subparagraph><subparagraph eId="schedule-4-paragraph-3-2"><num>(2)</num><content>Section 4 (time limit for exercise of powers of compulsory purchase) shall be omitted.</content></subparagraph><subparagraph eId="schedule-4-paragraph-3-3"><num>(3)</num><intro>Section 11(1) (power to enter on and take possession of land the subject of a notice to treat after giving not less than fourteen days’ notice) shall have effect—</intro><level class="para1" eId="schedule-4-paragraph-3-3-a"><num>(a)</num><content><mod>in a case where the notice to treat relates only to the acquisition of subsoil or under-surface of land or an easement or other right over land, with the substitution for “fourteen days” of <quotedText>“ one month’s ”</quotedText>, and</mod></content></level><level class="para1" eId="schedule-4-paragraph-3-3-b"><num>(b)</num><content><mod>in any other case, with the substitution for “fourteen days” of <quotedText>“ three months ”</quotedText>.</mod></content></level></subparagraph><subparagraph eId="schedule-4-paragraph-3-4"><num>(4)</num><content>In Schedule 3 (alternative procedure for obtaining right of entry) paragraph 3(3) (requirement as to sureties in relation to bond for compensation) shall be omitted.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-II-crossheading-compulsory-purchase-vesting-declarations-act-1981"><heading> Compulsory Purchase (Vesting Declarations) Act 1981</heading><paragraph eId="schedule-4-paragraph-4" class="schProv1"><num>4</num><content>The <noteRef href="#c1252155" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this Act were a compulsory purchase order.</content></paragraph><paragraph eId="schedule-4-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-4-paragraph-5-1"><num>(1)</num><content>In its application by virtue of paragraph 4 above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications.</content></subparagraph><subparagraph eId="schedule-4-paragraph-5-2"><num>(2)</num><content><mod>In section 3 (preliminary notices) for subsection (1) there shall be substituted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><subsection><num>(1)</num><intro>Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is—</intro><level class="para1"><num>(a)</num><content>given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and</content></level><level class="para1"><num>(b)</num><content>published in the London Gazette.</content></level></subsection></quotedStructure></mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-5-3"><num>(3)</num><content><mod>In that section, in subsection (2), for “(1)(b)” there shall be substituted <quotedText>“ (1) ”</quotedText>.</mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-5-4"><num>(4)</num><content><mod>In that section, subsections (5) and (6) shall be omitted and at the end there shall be inserted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><subsection><num>(7)</num><intro>For the purposes of this section, a person has a relevant interest in land if—</intro><level class="para1"><num>(a)</num><content>he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or</content></level><level class="para1"><num>(b)</num><content>he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.</content></level></subsection></quotedStructure></mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-5-5"><num>(5)</num><intro>In section 5 (earliest date for execution of declaration)—</intro><level class="para1" eId="schedule-4-paragraph-5-5-a"><num>(a)</num><content><mod>in subsection (1), after “publication” there shall be inserted <quotedText>“ in the London Gazette ”</quotedText>, and</mod></content></level><level class="para1" eId="schedule-4-paragraph-5-5-b"><num>(b)</num><content>subsection (2) shall be omitted.</content></level></subparagraph><subparagraph eId="schedule-4-paragraph-5-6"><num>(6)</num><content>In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the <noteRef href="#c1252156" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981)” shall be omitted.</content></subparagraph><subparagraph eId="schedule-4-paragraph-5-7"><num>(7)</num><content>References to the <noteRef href="#c1252157" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965 shall be construed as references to that Act as applied to the acquisition of land under section 4(1) above.</content></subparagraph></paragraph></hcontainer></part><part eId="schedule-4-part-III"><num>Part III</num><heading> Supplementary Provisions</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-III-crossheading-acquisition-of-subsoil"><heading> Acquisition of subsoil</heading><paragraph eId="schedule-4-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-4-paragraph-6-1"><num>(1)</num><content>In the case of land specified in the following table (non-pedestrian tunnels), the power conferred by section 4(1) above shall only be exercisable in relation to so much of the subsoil or under-surface of the land as lies more than 9 metres beneath the level of the surface of the land.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Area</default:th><default:th><abbr title="Number">No.</abbr> on deposited plans</default:th></default:tr><default:tr><default:th colspan="2">GREATER LONDON</default:th></default:tr><default:tr><default:td>London Borough of Islington</default:td><default:td>307 to 318, 320 to 330, 332, 335, 338 to 739, 798, 799 and 803 to 1042</default:td></default:tr><default:tr><default:td>London Borough of Hackney</default:td><default:td>1 to 183, 185 to 211 and 213 to 772</default:td></default:tr><default:tr><default:td>London Borough of Newham</default:td><default:td>16 to 518, 522 to 540, 542 to 549, 551 to 1207, 1209 to 1223, 1235, 1236, 1238, 1240 to 1243 and 1246 to 1252</default:td></default:tr><default:tr><default:td>London Borough of Redbridge</default:td><default:td>8 to 14</default:td></default:tr><default:tr><default:td>London Borough of Barking and Dagenham</default:td><default:td>227 to 765, 767, 769 to 786, 794 and 796</default:td></default:tr><default:tr><default:th colspan="2">COUNTY OF ESSEX</default:th></default:tr><default:tr><default:td>Borough of Thurrock</default:td><default:td>99 and 103</default:td></default:tr><default:tr><default:th colspan="2">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Tonbridge and Malling, Parish of Aylesford</default:td><default:td>51 to 140 and 144 to 183</default:td></default:tr><default:tr><default:td>Borough of Tonbridge and Malling, Parish of Burham</default:td><default:td>1 to 9</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></subparagraph><subparagraph eId="schedule-4-paragraph-6-2"><num>(2)</num><content>In the case of land specified in the following table (pedestrian tunnels and ground anchors), the power conferred by section 4(1) above shall only be exercisable in relation to so much of the subsoil or under-surface of the land as lies more than 2 metres beneath the level of the surface of the land.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Area</default:th><default:th><abbr title="Number">No.</abbr> on deposited plans</default:th></default:tr><default:tr><default:th colspan="2">GREATER LONDON</default:th></default:tr><default:tr><default:td>London Borough of Camden</default:td><default:td>178</default:td></default:tr><default:tr><default:td>London Borough of Islington</default:td><default:td>740 to 771</default:td></default:tr><default:tr><default:th colspan="2">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Ashford, Parish of Mersham</default:td><default:td>39</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></subparagraph><subparagraph eId="schedule-4-paragraph-6-3"><num>(3)</num><content>In the case of any other land, the power conferred by section 4(1) above shall be exercisable as well in relation to the subsoil or under-surface only as in relation to the land as a whole.</content></subparagraph><subparagraph eId="schedule-4-paragraph-6-4"><num>(4)</num><content>Section 8(1) of the <noteRef href="#c1252158" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965 (limitation on right to require a person to sell part only of any house, building, manufactory or park or garden belonging to a house) shall not apply where the power conferred by section 4(1) above is exercised in relation to the subsoil or under-surface of land only.</content></subparagraph><subparagraph eId="schedule-4-paragraph-6-5"><num>(5)</num><intro>For the purposes of sub-paragraphs (1) and (2) above, the level of the surface of the land shall be taken—</intro><level class="para1" eId="schedule-4-paragraph-6-5-a"><num>(a)</num><content>in the case of any land on which a building is erected, to be the level of the surface of the ground adjoining the building, and</content></level><level class="para1" eId="schedule-4-paragraph-6-5-b"><num>(b)</num><content>in the case of a watercourse or other area of water, to be the level of the surface of the adjoining ground which is at all times above water level.</content></level></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-III-crossheading-acquisition-of-existing-tunnels"><heading> Acquisition of existing tunnels</heading><paragraph eId="schedule-4-paragraph-7" class="schProv1"><num>7</num><content>In the case of land specified in the following table (existing railway tunnels), the power conferred by section 4(1) above shall only be exercisable in relation to so much of the land as is comprised in an existing railway tunnel.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Area</default:th><default:th><abbr title="Number">No.</abbr> on deposited plans</default:th></default:tr><default:tr><default:th colspan="2">GREATER LONDON</default:th></default:tr><default:tr><default:td>London Borough of Camden</default:td><default:td>117 to 120, 122 to 140 and 228 to 231</default:td></default:tr><default:tr><default:td>London Borough of Islington</default:td><default:td>20, 21 and 775 to 778</default:td></default:tr><default:tr><default:th colspan="2">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Gravesham, Town of Gravesend</default:td><default:td>49 to 61</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-III-crossheading-acquisition-of-new-rights"><heading> Acquisition of new rights</heading><paragraph eId="schedule-4-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-4-paragraph-8-1"><num>(1)</num><content>The power conferred by section 4(1)(a) or (b) above shall include, in relation to any land to which the power relates, power to create and acquire such easements or other rights over land as may be required as mentioned in that provision instead of acquiring the land itself.</content></subparagraph><subparagraph eId="schedule-4-paragraph-8-2"><num>(2)</num><intro>Part I of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, and the enactments relating to compensation for the compulsory purchase of land, shall apply to a compulsory acquisition by virtue of sub-paragraph (1) above—</intro><level class="para1" eId="schedule-4-paragraph-8-2-a"><num>(a)</num><content>with the modifications specified in paragraph 9 below, and</content></level><level class="para1" eId="schedule-4-paragraph-8-2-b"><num>(b)</num><content>with such other modifications as may be necessary.</content></level></subparagraph></paragraph><paragraph eId="schedule-4-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-4-paragraph-9-1"><num>(1)</num><content>The modifications referred to in paragraph 8(2)(a) above are as follows.</content></subparagraph><subparagraph eId="schedule-4-paragraph-9-2"><num>(2)</num><content><mod>For section 7 of the <noteRef href="#c1252159" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965 there shall be substituted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><section><num>7</num><heading> Measure of compensation in case of purchase of new right.</heading><content>In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is purchased is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.</content></section></quotedStructure></mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-9-3"><num>(3)</num><content><mod>In section 8 of that Act (provisions as to divided land) for subsection (1) there shall be substituted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><subsection><num>(1)</num><intro>This subsection applies where—</intro><level class="para1"><num>(a)</num><content>a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“<term refersTo="#term-the-relevant-land">the relevant land</term>”) has been served on a person under section 5 of this Act,</content></level><level class="para1"><num>(b)</num><content>in consequence of the service of the notice, a question of disputed compensation in respect of the purchase of the right would, apart from this section, fall to be determined by the <ins class="substitution first last" ukl:ChangeId="key-c18f02cc92346718bb6e5448e5b74769-1479153877096" ukl:CommentaryRef="key-c18f02cc92346718bb6e5448e5b74769"><noteRef uk:name="commentary" href="#key-c18f02cc92346718bb6e5448e5b74769" class="commentary"/>Upper Tribunal</ins>, and</content></level><level class="para1"><num>(c)</num><content>before the <ins class="substitution first last" ukl:ChangeId="key-942f84043f7472209a2abbb91baab47f-1479153969026" ukl:CommentaryRef="key-942f84043f7472209a2abbb91baab47f"><noteRef uk:name="commentary" href="#key-942f84043f7472209a2abbb91baab47f" class="commentary"/>Upper Tribunal has</ins> determined that question, the person on whom the notice has been served satisfies <ins class="substitution first last" ukl:ChangeId="key-c530bb1549ad14a8920bdac3581003dd-1479154027686" ukl:CommentaryRef="key-c530bb1549ad14a8920bdac3581003dd"><noteRef uk:name="commentary" href="#key-c530bb1549ad14a8920bdac3581003dd" class="commentary"/>the Upper Tribunal</ins> that the relevant conditions are met.</content></level></subsection><subsection><num>(1A)</num><intro>The relevant conditions are—</intro><level class="para1"><num>(a)</num><content>that he has an interest which he is able and willing to sell in the whole of the relevant land;</content></level><level class="para1"><num>(b)</num><content>where the relevant land consists of a house, building or manufactory, that it cannot be made subject to the right without material detriment to it; and</content></level><level class="para1"><num>(c)</num><content>where the relevant land consists of a park or garden belonging to a house, that it cannot be made subject to the right without seriously affecting the amenity or convenience of the house.</content></level></subsection><subsection><num>(1B)</num><intro>Where subsection (1) above applies—</intro><level class="para1"><num>(a)</num><intro>the compulsory purchase order shall, in relation to the person on whom the notice to treat has been served—</intro><level class="para2"><num>(i)</num><content>cease to authorise the purchase of the right to which the notice relates, and</content></level><level class="para2"><num>(ii)</num><content>be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of a park or garden belonging to a house, the house,</content></level><wrapUp>and</wrapUp></level><level class="para1"><num>(b)</num><content>the notice to treat shall be deemed to have been served in respect of that interest on such date as the <ins class="substitution first last" ukl:ChangeId="key-2f3ee6ac43635fee83f037c105fc4d06-1479154143256" ukl:CommentaryRef="key-2f3ee6ac43635fee83f037c105fc4d06"><noteRef uk:name="commentary" href="#key-2f3ee6ac43635fee83f037c105fc4d06" class="commentary"/>Upper Tribunal directs</ins>.</content></level></subsection><subsection><num>(1C)</num><content>Any question as to the extent of the land in which the compulsory purchase order is deemed to authorise the purchase of an interest by virtue of subsection (1B)(a)(ii) of this section shall be determined by the <ins class="substitution first last" ukl:ChangeId="key-d3236a2cc6ca3d413076a4942fc789a5-1479154184256" ukl:CommentaryRef="key-d3236a2cc6ca3d413076a4942fc789a5"><noteRef uk:name="commentary" href="#key-d3236a2cc6ca3d413076a4942fc789a5" class="commentary"/>Upper Tribunal</ins>.</content></subsection><subsection><num>(1D)</num><content>Where the <ins class="substitution first last" ukl:ChangeId="key-7ebdd686d8f79886a7f09761cb731c9e-1479154224816" ukl:CommentaryRef="key-7ebdd686d8f79886a7f09761cb731c9e"><noteRef uk:name="commentary" href="#key-7ebdd686d8f79886a7f09761cb731c9e" class="commentary"/>Upper Tribunal determines</ins> that the person on whom a notice to treat has been served has satisfied <ins class="substitution first last" ukl:ChangeId="key-c3e3ac9961258228c33dee3488c1066f-1479154281207" ukl:CommentaryRef="key-c3e3ac9961258228c33dee3488c1066f"><noteRef uk:name="commentary" href="#key-c3e3ac9961258228c33dee3488c1066f" class="commentary"/>the Upper Tribunal</ins> as mentioned in subsection (1)(c) of this section, the acquiring authority may withdraw the notice at any time within the period of six weeks beginning with the date of the determination.</content></subsection><subsection><num>(1E)</num><content>Subsection (1D) of this section is without prejudice to any other power of the acquiring authority to withdraw the notice to treat.</content></subsection></quotedStructure></mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-9-4"><num>(4)</num><content>The following provisions of that Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land) namely—<blockList class="unordered none" ukl:Name="UnorderedList" ukl:Decoration="none"><item>section 9(4) (failure of owners to convey),</item><item>paragraph 10(3) of Schedule 1 (owners under incapacity),</item><item>paragraph 2(3) of Schedule 2 (absent and untraced owners), and</item><item>paragraphs 2(3) and 7(2) of Schedule 4 (common land),</item></blockList> shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority.</content></subparagraph><subparagraph eId="schedule-4-paragraph-9-5"><num>(5)</num><content>Section 11 of that Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on <ins class="substitution first last" ukl:ChangeId="key-fa8ed313afc2c6cc77cb54f6d9547fe1-1479069009490" ukl:CommentaryRef="key-fa8ed313afc2c6cc77cb54f6d9547fe1"><noteRef uk:name="commentary" href="#key-fa8ed313afc2c6cc77cb54f6d9547fe1" class="commentary"/>enforcement officer's or sheriff's warrant</ins> in the event of obstruction) of that Act shall be modified correspondingly.</content></subparagraph><subparagraph eId="schedule-4-paragraph-9-6"><num>(6)</num><content>Section 20 of that Act (compensation for short term tenants) shall apply with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the land but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question.</content></subparagraph><subparagraph eId="schedule-4-paragraph-9-7"><num>(7)</num><content>Section 22 of that Act (protection of acquiring authority’s possession of land where interest accidentally omitted from purchase) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.</content></subparagraph><subparagraph eId="schedule-4-paragraph-9-8"><num>(8)</num><intro>References in that Act to land are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—</intro><level class="para1" eId="schedule-4-paragraph-9-8-a"><num>(a)</num><content>the right acquired or to be acquired, or</content></level><level class="para1" eId="schedule-4-paragraph-9-8-b"><num>(b)</num><content>the land over which the right is, or is to be, exercisable.</content></level></subparagraph><subparagraph eId="schedule-4-paragraph-9-9"><num>(9)</num><content><mod>In the <noteRef href="#c1252160" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1973, for section 44 there shall be substituted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><section><num>44</num><heading> Compensation for injurious affection.</heading><subsection><num>(1)</num><content>Where a right over land is purchased from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, compensation for injurious affection of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land over which the right is exercisable.</content></subsection><subsection><num>(2)</num><content>In this section “<term refersTo="#term-compensation-for-injurious-affection">compensation for injurious affection</term>” means compensation for injurious affection under section 7 or 20 of the <noteRef href="#c1252161" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965 as applied by paragraph 8(2) of Schedule 4 to the Channel Tunnel Rail Link Act 1996.</content></subsection></section></quotedStructure></mod></content></subparagraph><subparagraph eId="schedule-4-paragraph-9-10"><num>(10)</num><content><mod>For section 58 of that Act there shall be substituted—<quotedStructure startQuote="“" endQuote="”" uk:context="body" uk:docName="ukpga" ukl:TargetClass="primary" ukl:TargetSubClass="unknown" ukl:Context="main" ukl:Format="default"><section><num>58</num><heading> Determination of material detriment where right over part of house <abbr title="et cetera" xml:lang="la">etc.</abbr> proposed for compulsory acquisition.</heading><intro>In determining under section 8(1)(c) of the Compulsory Purchase Act 1965 as applied by paragraph 8(2) of Schedule 4 to the Channel Tunnel Rail Link Act 1996 whether—</intro><level class="para1"><num>(a)</num><content>a right over part of a house, building or manufactory can be taken without material detriment to the house, building or manufactory, or</content></level><level class="para1"><num>(b)</num><content>a right over part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house,</content></level><wrapUp>the <ins class="substitution first last" ukl:ChangeId="key-847637120a507620332e101e340ded1e-1479154362197" ukl:CommentaryRef="key-847637120a507620332e101e340ded1e"><noteRef uk:name="commentary" href="#key-847637120a507620332e101e340ded1e" class="commentary"/>Upper Tribunal</ins> shall take into account not only the effect of the right on the whole of the house, building or manufactory or of the house and the park or garden but also the use to be made of the rights proposed to be acquired and, in a case where the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.</wrapUp></section></quotedStructure></mod></content></subparagraph></paragraph><paragraph eId="schedule-4-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-4-paragraph-10-1"><num>(1)</num><content>The Secretary of State may by order provide, in relation to land to which this paragraph applies, that section 4(1) above, so far as relating to acquisition by virtue of paragraph 8(1) above, shall be treated as also authorising acquisition by such person as may be specified in the order.</content></subparagraph><subparagraph eId="schedule-4-paragraph-10-2"><num>(2)</num><content>This paragraph applies to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used which is or will be required for use in relocating any apparatus which it is expedient to divert or replace in consequence of the carrying out of any of the works authorised by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-4-paragraph-10-3"><num>(3)</num><content>The power to make an order under sub-paragraph (1) above includes power to make an order varying or revoking any order previously made under that provision.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-III-crossheading-acquisition-of-part-only-of-certain-properties"><heading> Acquisition of part only of certain properties</heading><paragraph eId="schedule-4-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-4-paragraph-11-1"><num>(1)</num><intro>Where—</intro><level class="para1" eId="schedule-4-paragraph-11-1-a"><num>(a)</num><content>a notice to treat under Part I of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, is served in respect of land forming part only of a house, building or factory or part only of land consisting of a house with a park or garden, and</content></level><level class="para1" eId="schedule-4-paragraph-11-1-b"><num>(b)</num><content>a copy of this paragraph is served with the notice to treat,</content></level><wrapUp>the following provisions of this paragraph, with paragraph 12 below, shall apply instead of section 8(1) of the Compulsory Purchase Act 1965.</wrapUp></subparagraph><subparagraph eId="schedule-4-paragraph-11-2"><num>(2)</num><content>The person on whom the notice to treat is served (“<term refersTo="#term-the-owner" eId="term-the-owner">the owner</term>”) may within the period of 21 days beginning with the day on which the notice to treat is served on him, serve on the Secretary of State a counter-notice objecting to the sale of the part (“<term refersTo="#term-the-land-subject-to-the-notice-to-treat" eId="term-the-land-subject-to-the-notice-to-treat">the land subject to the notice to treat</term>”) and stating that he is willing and able to sell the whole (“<term refersTo="#term-the-land-subject-to-the-counter-notice" eId="term-the-land-subject-to-the-counter-notice">the land subject to the counter-notice</term>”).</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-3"><num>(3)</num><content>If no counter-notice is served under sub-paragraph (2) above, the owner shall be required to sell the land subject to the notice to treat.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-4"><num>(4)</num><content>If a counter-notice is served under sub-paragraph (2) above and the Secretary of State agrees to take the land subject to the counter-notice, the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-5"><num>(5)</num><content>If a counter-notice is served under sub-paragraph (2) above and the Secretary of State does not agree to take the land subject to the counter-notice, the question as to what land the owner is to be required to sell shall be referred to the <ins class="substitution first last" ukl:ChangeId="key-86ed047bbd6b3c62e542b276161277f7-1479153531064" ukl:CommentaryRef="key-86ed047bbd6b3c62e542b276161277f7"><noteRef uk:name="commentary" href="#key-86ed047bbd6b3c62e542b276161277f7" class="commentary"/>Upper Tribunal</ins>.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-6"><num>(6)</num><intro>If, on a reference under sub-paragraph (5) above, the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153576264" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins> that the land subject to the notice to treat can be taken—</intro><level class="para1" eId="schedule-4-paragraph-11-6-a"><num>(a)</num><content>without material detriment to the remainder of the land subject to the counter-notice, and</content></level><level class="para1" eId="schedule-4-paragraph-11-6-b"><num>(b)</num><content>where the land subject to the notice to treat consists of or includes garden only land, without seriously affecting the amenity and convenience of the relevant house,</content></level><wrapUp>the owner shall be required to sell the land subject to the notice to treat.</wrapUp></subparagraph><subparagraph eId="schedule-4-paragraph-11-7"><num>(7)</num><content>If, on such a reference, the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153595714" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins> that only part of the land subject to the notice to treat can be taken as mentioned in sub-paragraph (6) above, the notice to treat shall, subject to sub-paragraph (8) below, be deemed to be a notice to treat for that part.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-8"><num>(8)</num><content>Where the land subject to the notice to treat is not land which consists of or includes garden only land, sub-paragraph (7) above shall only have effect to deem the notice to treat to be a notice to treat for land which does consist of or include garden only land if the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153612594" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins> that that land can be taken without seriously affecting the amenity and convenience of the relevant house.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-9"><num>(9)</num><intro>If, on such a reference, the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153636114" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins>—</intro><level class="para1" eId="schedule-4-paragraph-11-9-a"><num>(a)</num><content>that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, but</content></level><level class="para1" eId="schedule-4-paragraph-11-9-b"><num>(b)</num><content>that the material detriment is confined to part of the remainder of that land,</content></level><wrapUp>then, except where sub-paragraph (10) below applies, the notice to treat shall be deemed to be a notice to treat in addition for the land to which the material detriment is confined.</wrapUp></subparagraph><subparagraph eId="schedule-4-paragraph-11-10"><num>(10)</num><content>If, in a case where the land subject to the notice to treat consists of or includes garden only land, the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153655344" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins> on such a reference that none of the land subject to the notice to treat can be taken without seriously affecting the amenity or convenience of the relevant house, the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.</content></subparagraph><subparagraph eId="schedule-4-paragraph-11-11"><num>(11)</num><intro>If, on such a reference, the <ins class="substitution first last" ukl:ChangeId="key-50cfaf09b9a870ffa86f1d186ad9c907-1479153674464" ukl:CommentaryRef="key-50cfaf09b9a870ffa86f1d186ad9c907"><noteRef uk:name="commentary" href="#key-50cfaf09b9a870ffa86f1d186ad9c907" class="commentary"/>Upper Tribunal determines</ins>—</intro><level class="para1" eId="schedule-4-paragraph-11-11-a"><num>(a)</num><content>that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, and</content></level><level class="para1" eId="schedule-4-paragraph-11-11-b"><num>(b)</num><content>that the material detriment is not confined to part of the remainder of that land,</content></level><wrapUp>the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.</wrapUp></subparagraph><subparagraph eId="schedule-4-paragraph-11-12"><num>(12)</num><content>For the purposes of this paragraph, the land subject to the notice to treat consists of or includes garden only land if it consists of the whole or part of a park or garden belonging to a house or if it includes the whole or part of such a park or garden but does not include the house (“<term refersTo="#term-the-relevant-house" eId="term-the-relevant-house">the relevant house</term>”) or any part of it.</content></subparagraph></paragraph><paragraph eId="schedule-4-paragraph-12" class="schProv1"><num>12</num><subparagraph eId="schedule-4-paragraph-12-1"><num>(1)</num><content>Where under paragraph 11 above a notice to treat is deemed by virtue of a determination of the<ins class="substitution first last" ukl:ChangeId="M_F_28b0cd1e-998c-44e7-d688-566e0d680523-1502888172031" ukl:CommentaryRef="M_F_28b0cd1e-998c-44e7-d688-566e0d680523"><noteRef uk:name="commentary" href="#M_F_28b0cd1e-998c-44e7-d688-566e0d680523" class="commentary"/>Upper Tribunal</ins> to be a notice to treat for less land or more land than that specified in the notice, the Secretary of State may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice.</content></subparagraph><subparagraph eId="schedule-4-paragraph-12-2"><num>(2)</num><content>If the Secretary of State withdraws a notice to treat under sub-paragraph (1) above, he shall pay the person on whom the notice was served compensation for any loss or expense occasioned to that person by the giving and withdrawal of the notice, such compensation to be determined in case of dispute by the <ins class="substitution first last" ukl:ChangeId="M_F_7fbd8e0e-4574-46a2-abef-08d038dedf4b-1502888328979" ukl:CommentaryRef="M_F_7fbd8e0e-4574-46a2-abef-08d038dedf4b"><noteRef uk:name="commentary" href="#M_F_7fbd8e0e-4574-46a2-abef-08d038dedf4b" class="commentary"/>Upper Tribunal</ins>.</content></subparagraph><subparagraph eId="schedule-4-paragraph-12-3"><num>(3)</num><content>Where under paragraph 11 above a person is required to sell part only of a house, building or factory or of land consisting of a house with a park or garden, the Secretary of State shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.</content></subparagraph><subparagraph eId="schedule-4-paragraph-12-4"><num>(4)</num><content>A notice to treat shall have the effect which it is deemed to have under paragraph 11(4), (9), (10) or (11) above whether or not the additional land is, apart from that provision, land which the Secretary of State is authorised to acquire compulsorily under this Part of this Act.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-III-crossheading-minerals"><heading> Minerals</heading><paragraph eId="schedule-4-paragraph-13" class="schProv1"><num>13</num><subparagraph eId="schedule-4-paragraph-13-1"><num>(1)</num><content>Parts II and <abbr class="acronym" title="3">III</abbr> of Schedule 2 to the <noteRef href="#c1252165" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981 (exception of minerals from compulsory purchase and regulation of the working of mines or minerals underlying an authorised undertaking) shall have effect in relation to land to which section 4(1) above applies as if it were comprised in a compulsory purchase order providing for the incorporation with that order of those Parts of that Schedule.</content></subparagraph><subparagraph eId="schedule-4-paragraph-13-2"><num>(2)</num><intro>In their application by virtue of sub-paragraph (1) above, Parts II and <abbr class="acronym" title="3">III</abbr> of Schedule 2 to the Acquisition of Land Act 1981 shall have effect with the following modifications—</intro><level class="para1" eId="schedule-4-paragraph-13-2-a"><num>(a)</num><content>references to the acquiring authority, except the second reference in paragraph 6, shall be construed as references to the nominated undertaker, and</content></level><level class="para1" eId="schedule-4-paragraph-13-2-b"><num>(b)</num><content>references to the undertaking shall be construed as references to the undertaking which the nominated undertaker is authorised by this Part of this Act to carry on.</content></level></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-III-crossheading-power-to-require-acquisition-where-time-limit-extended"><heading> Power to require acquisition where time limit extended</heading><paragraph eId="schedule-4-paragraph-14" class="schProv1"><num>14</num><subparagraph eId="schedule-4-paragraph-14-1"><num>(1)</num><content>If the Secretary of State makes an order under section 47(2) above, the following provisions shall have effect as from the coming into operation of that order.</content></subparagraph><subparagraph eId="schedule-4-paragraph-14-2"><num>(2)</num><intro>If an owner or lessee of any of the land in relation to which the order is made gives notice in writing to the Secretary of State that he desires his interest in such of that land as is specified in the notice to be acquired by the Secretary of State, the Secretary of State shall, within the period of 3 months immediately following receipt of the notice—</intro><level class="para1" eId="schedule-4-paragraph-14-2-a"><num>(a)</num><content>enter into an agreement with him for the acquisition of his interest in the whole or part of the land specified in the notice,</content></level><level class="para1" eId="schedule-4-paragraph-14-2-b"><num>(b)</num><content>exercise the relevant powers of compulsory acquisition in respect of his interest in the whole or part of the land specified in the notice, or</content></level><level class="para1" eId="schedule-4-paragraph-14-2-c"><num>(c)</num><content>serve on him notice in writing of the Secretary of State’s intention not to proceed with the purchase of his interest in any of the land specified in the notice.</content></level></subparagraph><subparagraph eId="schedule-4-paragraph-14-3"><num>(3)</num><intro>Where—</intro><level class="para1" eId="schedule-4-paragraph-14-3-a"><num>(a)</num><content>a person gives the Secretary of State notice under sub-paragraph (2) above, and</content></level><level class="para1" eId="schedule-4-paragraph-14-3-b"><num>(b)</num><intro>the Secretary of State—</intro><level class="para2" eId="schedule-4-paragraph-14-3-b-i"><num>(i)</num><content>fails to comply with the requirements of that sub-paragraph,</content></level><level class="para2" eId="schedule-4-paragraph-14-3-b-ii"><num>(ii)</num><content>withdraws a notice to treat served in compliance with paragraph (b) of that sub-paragraph, or</content></level><level class="para2" eId="schedule-4-paragraph-14-3-b-iii"><num>(iii)</num><content>serves on the owner notice in compliance with paragraph (c) of that sub-paragraph,</content></level><wrapUp>the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person’s interest in any of the land specified in the notice under sub-paragraph (2) above.</wrapUp></level></subparagraph><subparagraph eId="schedule-4-paragraph-14-4"><num>(4)</num><intro>Where—</intro><level class="para1" eId="schedule-4-paragraph-14-4-a"><num>(a)</num><content>a person gives the Secretary of State notice under sub-paragraph (2) above, and</content></level><level class="para1" eId="schedule-4-paragraph-14-4-b"><num>(b)</num><content>the Secretary of State acquires in pursuance of paragraph (a) or (b) of that sub-paragraph that person’s interest in some, but not all, of the land specified in the notice,</content></level><wrapUp>the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person’s interest in the remainder of that land.</wrapUp></subparagraph><subparagraph eId="schedule-4-paragraph-14-5"><num>(5)</num><hcontainer name="wrapper2"><intro>In this paragraph—</intro><hcontainer name="definition"><content>“<term refersTo="#term-lessee" eId="term-lessee">lessee</term>” means a person who holds an interest under a lease for a period of which not less than 21 years is unexpired at the date of the giving of any notice by that person under sub-paragraph (2) above,</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-owner" eId="term-owner">owner</term>”, in relation to any land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and</content></hcontainer></hcontainer><hcontainer name="wrapper2"><intro>references to the relevant powers of compulsory acquisition are to—</intro><level class="para2" eId="schedule-4-paragraph-14-5-a"><num>(a)</num><content>the power to serve a notice to treat under Part I of the <noteRef href="#c1252166" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, and</content></level><level class="para2" eId="schedule-4-paragraph-14-5-b"><num>(b)</num><content>the power to execute a declaration under section 4 of the <noteRef href="#c1252167" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph 4 above.</content></level></hcontainer></subparagraph></paragraph><paragraph eId="schedule-4-paragraph-15" class="schProv1"><num>15</num><subparagraph eId="schedule-4-paragraph-15-1"><num>(1)</num><content>Paragraph 14 above shall not apply to any subsoil or under-surface of land required only for the construction of a work at a level more than the relevant distance below the level of the surface of the land.</content></subparagraph><subparagraph eId="schedule-4-paragraph-15-2"><num>(2)</num><intro>In sub-paragraph (1) above, the reference to the relevant distance is—</intro><level class="para1" eId="schedule-4-paragraph-15-2-a"><num>(a)</num><content>in the case of a work consisting of a pedestrian tunnel or ground anchor, 2 metres, and</content></level><level class="para1" eId="schedule-4-paragraph-15-2-b"><num>(b)</num><content>in the case of any other work, 9 metres.</content></level></subparagraph><subparagraph eId="schedule-4-paragraph-15-3"><num>(3)</num><intro>For the purposes of sub-paragraph (1) above, the level of the surface of the land shall be taken—</intro><level class="para1" eId="schedule-4-paragraph-15-3-a"><num>(a)</num><content>in the case of any land on which a building is erected, to be the level of the surface of the ground adjoining the building, and</content></level><level class="para1" eId="schedule-4-paragraph-15-3-b"><num>(b)</num><content>in the case of a watercourse or other area of water, to be the level of the surface of the adjoining ground which is at all times above water level.</content></level></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-4-part-III-crossheading-compensation"><heading> Compensation</heading><paragraph eId="schedule-4-paragraph-16" class="schProv1"><num>16</num><content>Section 4 of the <noteRef href="#c1252169" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Acquisition of Land Act 1981 (assessment of compensation in relation to a compulsory purchase where unnecessary things done with a view to obtaining compensation) shall have effect in relation to a compulsory purchase under this Part of this Act as if it were a compulsory purchase for the purposes of that Act.</content></paragraph></hcontainer></part></hcontainer><hcontainer name="schedule" eId="schedule-5"><num>SCHEDULE 5<authorialNote class="referenceNote">Section 6.</authorialNote></num><heading> Temporary Possession and Use of Land</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-5-crossheading-occupation-and-use-for-construction-of-works"><heading> Occupation and use for construction of works</heading><paragraph eId="schedule-5-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-5-paragraph-1-1"><num>(1)</num><intro>The nominated undertaker may, in connection with the construction of the scheduled work or works specified in column (1) of the following table (or any works which are necessary or expedient for the purposes of or in connection with that work or those works)—</intro><level class="para1" eId="schedule-5-paragraph-1-1-a"><num>(a)</num><content>enter upon and take possession of the land specified in relation to that work or those works in columns (2) and (3) of that table for such purposes as are so specified in column (4) of that table, and</content></level><level class="para1" eId="schedule-5-paragraph-1-1-b"><num>(b)</num><intro>for such purposes as are so specified—</intro><level class="para2" eId="schedule-5-paragraph-1-1-b-i"><num>(i)</num><content>remove from the land any structure or vegetation, and</content></level><level class="para2" eId="schedule-5-paragraph-1-1-b-ii"><num>(ii)</num><content>construct on the land temporary works (including the provision of means of access) and structures.<tblock class="table" ukl:Orientation="portrait"><heading> Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th><default:th>(3)</default:th><default:th>(4)</default:th></default:tr><default:tr><default:th>Works</default:th><default:th>Area</default:th><default:th>Number of land shown on deposited plans</default:th><default:th>Purpose for which temporary possession may be taken</default:th></default:tr><default:tr><default:th colspan="4">GREATER LONDON</default:th></default:tr><default:tr><default:td>1A, 1B, 1C, 1D, 1F and 5D(1)</default:td><default:td>London Borough of Camden</default:td><default:td>79</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>1A, 1B, 1C, 1D and 1F</default:td><default:td/><default:td>87</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>1A, 1AA, 1B, 1BB, 1C, 1CC, 1D, 1DD, 1EE, 1K, 3, 3B, 3C and 5A</default:td><default:td/><default:td>182 and 189 to 192</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>1HH, 3B and 3C</default:td><default:td/><default:td>203 and 204</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>1JJ, 2AA and 2BB</default:td><default:td>London Borough of Islington</default:td><default:td>782 and 1050</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>1AA, 1BB and 3E</default:td><default:td/><default:td>787 and 788</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>6</default:td><default:td>London Borough of Hackney</default:td><default:td>778 and 779</default:td><default:td>The provision of barge moorings and barge loading facilities.</default:td></default:tr><default:tr><default:td>6</default:td><default:td/><default:td>780</default:td><default:td>The provision of barge loading facilities, spoil handling plant and machinery, a temporary shaft to Work <abbr title="Number">No.</abbr> 6, a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>6</default:td><default:td/><default:td>781 and 782</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>22</default:td><default:td>London Borough of Newham</default:td><default:td>1237 and 1239</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td>6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 7</default:td><default:td/><default:td>1253 and 1254</default:td><default:td>The provision of barge moorings and barge loading facilities, spoil handling plant and machinery, a conveyor, a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 7</default:td><default:td/><default:td>1255 to 1260</default:td><default:td>The provision of spoil handling plant and machinery, a conveyor and access for construction purposes.</default:td></default:tr><default:tr><default:td>6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 7</default:td><default:td/><default:td>1261</default:td><default:td>The provision of spoil handling plant and machinery and a conveyor.</default:td></default:tr><default:tr><default:td>6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 7</default:td><default:td/><default:td>1262 and 1263</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>6, 6A, 6B, 6C, 6D, 6G, 6H, 6J and 7</default:td><default:td/><default:td>1269</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>6D and 6E</default:td><default:td>London Borough of Waltham Forest</default:td><default:td>6</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>6D and 6E</default:td><default:td/><default:td>10</default:td><default:td>The provision of access for construction of drainage works.</default:td></default:tr><default:tr><default:td>8Q</default:td><default:td>London Borough of Barking and Dagenham</default:td><default:td>205</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>8H, 8P(3) and 8P(4)</default:td><default:td/><default:td>195, 201 and 202</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>8L and 8R</default:td><default:td/><default:td>215 and 226</default:td><default:td>The provision of accesses for construction purposes.</default:td></default:tr><default:tr><default:td>8, 8G, 8J and 8R</default:td><default:td/><default:td>217 to 219</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>22, 22A, 22B, 22C, 22E, 22F, 22G, 22J and 8U(13)</default:td><default:td/><default:td>829 and 830</default:td><default:td>The provision of a conveyor, spoil handling plant and machinery, and access for construction purposes.</default:td></default:tr><default:tr><default:td>22, 22A, 22B, 22C, 22E, 22F, 22G, 22J and 8U(13)</default:td><default:td/><default:td>839</default:td><default:td>The use of a jetty and provision of moorings in the River Thames.</default:td></default:tr><default:tr><default:td>8, 8G, 8J and 8R</default:td><default:td>London Borough of Havering</default:td><default:td>1 to 4</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>8 and 8S</default:td><default:td/><default:td>25 to 30 and 45</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>8 and 8U(7)</default:td><default:td/><default:td>55 and 56</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:th colspan="4">COUNTY OF ESSEX</default:th></default:tr><default:tr><default:td>9</default:td><default:td>Borough of Thurrock</default:td><default:td>52 and 56 to 67</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>9, 9C, 9D, 9F(1) and 10</default:td><default:td/><default:td>81, 83, 84, 89, 93, 94, 96 and 98</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:th colspan="4">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>10, 10A, 10B, 10C and 10J</default:td><default:td>Borough of Dartford, Parish of Swanscombe and Greenhithe</default:td><default:td>13 and 14</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>10B, 10D, 10F(1) and 10R(2)</default:td><default:td/><default:td>21 to 23</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>10, 10T(1), 10T(3), 10T(8), 10R, 10P, 10Q and 11 to 11F</default:td><default:td>Borough of Dartford, Parish of Southfleet</default:td><default:td>12 and 13</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>10T(6), 10T(7) and 10T(8)</default:td><default:td/><default:td>26</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>11</default:td><default:td/><default:td>53</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td>10J and 10J(2)</default:td><default:td>Borough of Gravesham, Town of Gravesend</default:td><default:td>2 to 4</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>10, 10B, 10C, 10D, 10E and 10F(1)</default:td><default:td/><default:td>12 to 14</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>10R(2)</default:td><default:td/><default:td>42</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>10B, 10C and 10N</default:td><default:td/><default:td>70</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>12, 12F and 12H</default:td><default:td>Borough of Gravesham, Parish of Cobham</default:td><default:td>28</default:td><default:td>The provision of a working site and temporary road diversion.</default:td></default:tr><default:tr><default:td>20A and 20B</default:td><default:td>Borough of Gravesham, Parish of Higham</default:td><default:td>9 and 10</default:td><default:td>The provision of access to a railhead to be used for construction purposes.</default:td></default:tr><default:tr><default:td>20A and 20B</default:td><default:td>Borough of Gravesham, Parish of Shorne</default:td><default:td>18</default:td><default:td>The provision of access to a railhead to be used for construction purposes.</default:td></default:tr><default:tr><default:td>13, 13B</default:td><default:td>City of Rochester Upon Medway, Town of Rochester</default:td><default:td>27 to 29</default:td><default:td>The provision of a working site and access to the River Medway for construction purposes.</default:td></default:tr><default:tr><default:td>13C and 13D</default:td><default:td/><default:td>65, 68, 69 and 71</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>13C and 13D</default:td><default:td>Borough of Tonbridge and Malling, Parish of Wouldham</default:td><default:td>1 and 2</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>13</default:td><default:td>Borough of Tonbridge and Malling, Parish of Aylesford</default:td><default:td>1, 4, 29 and 41</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>13</default:td><default:td>Borough of Maidstone, Parish of Boxley</default:td><default:td>88</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>13 and 13J</default:td><default:td>Borough of Maidstone, Parish of Detling</default:td><default:td>1</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>14 and 14A</default:td><default:td>Borough of Maidstone, Parish of Thurnham</default:td><default:td>5</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>14</default:td><default:td>Borough of Maidstone, Parish of Leeds</default:td><default:td>1</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>15</default:td><default:td>Borough of Ashford, Parish of Hothfield</default:td><default:td>6</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>16, 16A, 16B and 16F</default:td><default:td/><default:td>15</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>16, 16A and 16B</default:td><default:td>Borough of Ashford, Town of Ashford</default:td><default:td>16</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td>16C and 16H</default:td><default:td/><default:td>34 to 37 and 48</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>16 and 16H</default:td><default:td/><default:td>59 to 73 and 76</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>16 and 16K</default:td><default:td/><default:td>78</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>16A, 16B, 16C, 16K and 16L</default:td><default:td/><default:td>46 and 78 to 80</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>16, 16A, 16B, 16C, 16K and 16M</default:td><default:td/><default:td>85, 86, 89, 94 and 95</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>16, 16A, 16B 16C and 16D</default:td><default:td/><default:td>110, 111, 117 and 122</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>16, 16A, 16B, 16C, 16D and 16E</default:td><default:td/><default:td>125 and 131</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>17, 17B and 17C</default:td><default:td>Borough of Ashford, Parish of Sevington</default:td><default:td>28</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td>17 and 17H</default:td><default:td>Borough of Ashford, Parish of Smeeth</default:td><default:td>24 and 27</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>17, 17J(1) and 17K</default:td><default:td/><default:td>31</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>17 and 17J(2)</default:td><default:td>District of Shepway, Parish of Sellindge</default:td><default:td>44, 45 and 60</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>17</default:td><default:td>District of Shepway, Parish of Stanford</default:td><default:td>7 and 17 to 19</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>17 and 17Q</default:td><default:td>District of Shepway, Parish of Saltwood</default:td><default:td>13 to 16</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>17, 17Q and 17P</default:td><default:td>District of Shepway, Parish of Postling</default:td><default:td>11 and 14 to 18</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>18B, 18E, 18F and 18G</default:td><default:td>District of Shepway, Parish of Newington</default:td><default:td>3 and 4</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>18J</default:td><default:td/><default:td>6 and 9</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>18A, 18AA, 18B, 18F, 18G and 18K</default:td><default:td/><default:td>14 to 16, 19 to 21, 32 and 37</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>18A, 18AA, 18B and 18G</default:td><default:td/><default:td>31 and 40</default:td><default:td>The provision of working sites and access for construction purposes.</default:td></default:tr><default:tr><default:td>18AA</default:td><default:td/><default:td>62</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>18E</default:td><default:td>District of Shepway, Parish of Hythe</default:td><default:td>1</default:td><default:td>The provision of access for construction purposes.</default:td></default:tr><default:tr><default:td>18AA</default:td><default:td>District of Shepway, Town of Folkestone</default:td><default:td>6</default:td><default:td>The provision of a working site and access for construction purposes.</default:td></default:tr><default:tr><default:td>13, 14, 15, 15A, 15B, 16, 16A, 16B, 16C, 16D, 16E, 17, 18A, 18AA, 18B, 18C, 18D, 18F, 18G and all railway works associated therewith</default:td><default:td>District of Thanet, Parish of Minster</default:td><default:td>2</default:td><default:td>The provision of access to a railhead to be used for construction purposes.</default:td></default:tr><default:tr><default:td>13, 14, 15, 15A, 15B, 16, 16A, 16B, 16C, 16D, 16E, 17, 18A, 18AA, 18B, 18C, 18D, 18F, 18G and all railway works associated therewith</default:td><default:td>District of Dover, Parish of Sandwich</default:td><default:td>1</default:td><default:td>The provision of access to a railhead to be used for construction purposes.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></level></level></subparagraph><subparagraph eId="schedule-5-paragraph-1-2"><num>(2)</num><content>Not less than 28 days before entering upon and taking possession of land under this paragraph, the nominated undertaker shall give notice to the owners and occupiers of the land of its intention to do so.</content></subparagraph><subparagraph eId="schedule-5-paragraph-1-3"><num>(3)</num><content>The nominated undertaker may not remain in possession of any land under this paragraph after the end of the period of one year beginning with the date of completion of the work or works specified in relation to the land in column (1) of the table in sub-paragraph (1) above unless the owners of the land agree.</content></subparagraph><subparagraph eId="schedule-5-paragraph-1-4"><num>(4)</num><content>The nominated undertaker shall pay compensation to the owners and occupiers of land of which possession is taken under this paragraph for any loss which they may suffer by reason of the exercise in relation to the land of the powers conferred by this paragraph.</content></subparagraph><subparagraph eId="schedule-5-paragraph-1-5"><num>(5)</num><content>Any dispute as to a person’s entitlement to compensation under sub-paragraph (4) above, or as to the amount of compensation, shall be determined under and in accordance with Part I of the <noteRef href="#c1252170" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1961.</content></subparagraph><subparagraph eId="schedule-5-paragraph-1-6"><num>(6)</num><content>Nothing in this paragraph shall affect any liability to pay compensation under section 10(2) of the <noteRef href="#c1252171" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (4) above.</content></subparagraph><subparagraph eId="schedule-5-paragraph-1-7"><num>(7)</num><content>In this paragraph, “<term refersTo="#term-structure" eId="term-structure">structure</term>” includes any erection.</content></subparagraph></paragraph><paragraph eId="schedule-5-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-5-paragraph-2-1"><num>(1)</num><content>Before giving up possession of land of which possession has been taken under paragraph 1 above, the nominated undertaker shall, in accordance with a scheme agreed with the owners of the land and the relevant planning authority, put the land into such condition as the scheme may provide.</content></subparagraph><subparagraph eId="schedule-5-paragraph-2-2"><num>(2)</num><content>If, in relation to any land of which possession has been taken under paragraph 1 above, no scheme has been agreed for the purposes of this paragraph within 6 months of the date of completion of the work or works specified in relation to the land in column (1) of the table in paragraph 1(1) above, the scheme shall be such as may be determined by the <ins class="first last" ukl:ChangeId="d29p13438" ukl:CommentaryRef="c1252172"><noteRef uk:name="commentary" href="#c1252172" class="commentary"/>Secretary of State</ins> after consultation with the nominated undertaker, the owners of the land and the relevant planning authority.</content></subparagraph><subparagraph eId="schedule-5-paragraph-2-3"><num>(3)</num><content>Unless the owners of the land and the nominated undertaker otherwise agree, a scheme determined under sub-paragraph (2) above shall provide for land to be restored to its former condition.</content></subparagraph><subparagraph eId="schedule-5-paragraph-2-4"><num>(4)</num><content>Unless the nominated undertaker otherwise agrees, a scheme determined under sub-paragraph (2) above shall not provide for the nominated undertaker to replace any structure removed under paragraph 1 above other than a fence.</content></subparagraph><subparagraph eId="schedule-5-paragraph-2-5"><num>(5)</num><content>Where the <ins class="first last" ukl:ChangeId="d29p13460" ukl:CommentaryRef="c1252173"><noteRef uk:name="commentary" href="#c1252173" class="commentary"/>Secretary of State asks</ins> the relevant planning authority for assistance in connection with the carrying out by <ins class="first last" ukl:ChangeId="d29p13464" ukl:CommentaryRef="c1252173"><noteRef uk:name="commentary" href="#c1252173" class="commentary"/>him of his</ins> function under sub-paragraph (2) above, <ins class="first last" ukl:ChangeId="d29p13468" ukl:CommentaryRef="c1252173"><noteRef uk:name="commentary" href="#c1252173" class="commentary"/>he</ins> may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.</content></subparagraph><subparagraph eId="schedule-5-paragraph-2-6"><num>(6)</num><content>The duty under sub-paragraph (1) above in relation to any land shall be owed separately to the owners of the land and to the relevant planning authority.</content></subparagraph><subparagraph eId="schedule-5-paragraph-2-7"><num>(7)</num><intro>Where a scheme for the purposes of this paragraph provides for any step to be taken by the nominated undertaker before a specified date and that step has not been taken before that date, the relevant planning authority may—</intro><level class="para1" eId="schedule-5-paragraph-2-7-a"><num>(a)</num><content>enter the land concerned and take that step, and</content></level><level class="para1" eId="schedule-5-paragraph-2-7-b"><num>(b)</num><content>require the nominated undertaker to reimburse to it any expenses which it reasonably incurs in acting under paragraph (a) above.</content></level></subparagraph><subparagraph eId="schedule-5-paragraph-2-8"><num>(8)</num><content>In this paragraph—<blockList class="unordered none" ukl:Name="UnorderedList" ukl:Decoration="none"><item><noteRef href="#c1252176" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>. . .</item><item>“<term refersTo="#term-relevant-planning-authority" eId="term-relevant-planning-authority">relevant planning authority</term>” means—<blockList class="ordered alpha parens" ukl:Name="OrderedList" ukl:Type="alpha" ukl:Decoration="parens"><item><num>(a)</num>in relation to Greater London, the local planning authority, and</item><item><num>(b)</num>in relation to Essex or Kent, the district planning authority; and</item></blockList></item><item>“<term refersTo="#term-structure" eId="term-structure">structure</term>” includes any erection.</item></blockList></content></subparagraph></paragraph><paragraph eId="schedule-5-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-5-paragraph-3-1"><num>(1)</num><content>Where the power under paragraph 1 above to take possession of land is exercised in relation to any land to which section 4(1) above applies, the relevant powers of compulsory acquisition shall thereupon cease to be exercisable in relation to that land.</content></subparagraph><subparagraph eId="schedule-5-paragraph-3-2"><num>(2)</num><content>Sub-paragraph (1) above shall not apply to compulsory acquisition by virtue of paragraph 8(1) of Schedule 4 to this Act.</content></subparagraph><subparagraph eId="schedule-5-paragraph-3-3"><num>(3)</num><intro>In sub-paragraph (1) above, the reference to the relevant powers of compulsory acquisition is to—</intro><level class="para1" eId="schedule-5-paragraph-3-3-a"><num>(a)</num><content>the power to serve a notice to treat under Part I of the <noteRef href="#c1252177" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, and</content></level><level class="para1" eId="schedule-5-paragraph-3-3-b"><num>(b)</num><content>the power to execute a declaration under section 4 of the <noteRef href="#c1252178" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph 4 of Schedule 4 to this Act.</content></level></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-5-crossheading-occupation-and-use-for-maintenance-of-works"><heading> Occupation and use for maintenance of works</heading><paragraph eId="schedule-5-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-5-paragraph-4-1"><num>(1)</num><intro>At any time during the maintenance period relating to any of the scheduled works, the nominated undertaker may—</intro><level class="para1" eId="schedule-5-paragraph-4-1-a"><num>(a)</num><intro>enter upon and take possession of any land which is—</intro><level class="para2" eId="schedule-5-paragraph-4-1-a-i"><num>(i)</num><content>within 20 metres from that work, and</content></level><level class="para2" eId="schedule-5-paragraph-4-1-a-ii"><num>(ii)</num><content>within the limits of deviation for the scheduled works or the limits of land to be acquired or used,</content></level><wrapUp>if such possession is reasonably required for the purpose of or in connection with maintaining the work or any ancillary works connected with it, and</wrapUp></level><level class="para1" eId="schedule-5-paragraph-4-1-b"><num>(b)</num><content>construct on the land such temporary works (including the provision of means of access) and structures as may be reasonably so required.</content></level></subparagraph><subparagraph eId="schedule-5-paragraph-4-2"><num>(2)</num><intro>Sub-paragraph (1) above shall not authorise the nominated undertaker to take possession of—</intro><level class="para1" eId="schedule-5-paragraph-4-2-a"><num>(a)</num><content>a house,</content></level><level class="para1" eId="schedule-5-paragraph-4-2-b"><num>(b)</num><content>any other structure which is for the time being occupied, or</content></level><level class="para1" eId="schedule-5-paragraph-4-2-c"><num>(c)</num><content>a garden belonging to a house.</content></level></subparagraph><subparagraph eId="schedule-5-paragraph-4-3"><num>(3)</num><content>Not less than 28 days before entering upon and taking possession of land under this paragraph, the nominated undertaker shall give notice to the owners and occupiers of the land of its intention to do so.</content></subparagraph><subparagraph eId="schedule-5-paragraph-4-4"><num>(4)</num><content>The nominated undertaker may only remain in possession of land under this paragraph for so long as may be reasonably required to carry out the maintenance works for which possession of the land was taken.</content></subparagraph><subparagraph eId="schedule-5-paragraph-4-5"><num>(5)</num><content>Before giving up possession of land of which possession has been taken under this paragraph, the nominated undertaker shall restore the land to the reasonable satisfaction of the owners of the land.</content></subparagraph><subparagraph eId="schedule-5-paragraph-4-6"><num>(6)</num><content>The nominated undertaker shall pay compensation to the owners and occupiers of land of which possession is taken under this paragraph for any loss which they may suffer by reason of the exercise in relation to the land of the powers conferred by this paragraph.</content></subparagraph><subparagraph eId="schedule-5-paragraph-4-7"><num>(7)</num><content>Any dispute as to a person’s entitlement to compensation under sub-paragraph (6) above, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the <noteRef href="#c1252180" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1961.</content></subparagraph><subparagraph eId="schedule-5-paragraph-4-8"><num>(8)</num><content>Nothing in this paragraph shall affect any liability to pay compensation under section 10(2) of the <noteRef href="#c1252181" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (6) above.</content></subparagraph><subparagraph eId="schedule-5-paragraph-4-9"><num>(9)</num><intro>In this paragraph—</intro><level class="para1" eId="schedule-5-paragraph-4-9-a"><num>(a)</num><content>“<term refersTo="#term-the-maintenance-period" eId="term-the-maintenance-period">the maintenance period</term>”, in relation to any work, means the period beginning with the date on which the work is completed and ending 5 years after the date on which it is brought into general use,</content></level><level class="para1" eId="schedule-5-paragraph-4-9-b"><num>(b)</num><content>“<term refersTo="#term-structure" eId="term-structure">structure</term>” includes any erection, and</content></level><level class="para1" eId="schedule-5-paragraph-4-9-c"><num>(c)</num><content>any reference to land within a specified distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of any point on the surface below which the work is situated.</content></level></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-5-crossheading-suspension-of-private-rights-of-way"><heading> Suspension of private rights of way</heading><paragraph eId="schedule-5-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-5-paragraph-5-1"><num>(1)</num><content>All private rights of way over land of which the nominated undertaker takes possession under paragraph 1 or 4 above shall be suspended and unenforceable for as long as it remains in lawful possession of the land.</content></subparagraph><subparagraph eId="schedule-5-paragraph-5-2"><num>(2)</num><content>Any person who suffers loss by the suspension of any right under this paragraph shall be entitled to compensation.</content></subparagraph><subparagraph eId="schedule-5-paragraph-5-3"><num>(3)</num><content>Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 1961.</content></subparagraph></paragraph></hcontainer></hcontainer><hcontainer name="schedule" eId="schedule-6"><num>SCHEDULE 6<authorialNote class="referenceNote">Section 9.</authorialNote></num><heading> Planning Conditions</heading><part eId="schedule-6-part-I"><num>Part I</num><heading> Qualifying Authorities</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-I-crossheading-specification"><heading> Specification</heading><paragraph eId="schedule-6-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-6-paragraph-1-1"><num>(1)</num><intro>As soon after the day on which this Act is passed as the Secretary of State considers reasonably practicable, he shall, by order made by statutory instrument, specify every relevant local authority which—</intro><level class="para1" eId="schedule-6-paragraph-1-1-a"><num>(a)</num><content>had, on or before the day on which the Bill for this Act was reported from Select Committee in the House of Lords, given him undertakings with respect to the handling of planning matters arising under this Schedule which he considered satisfactory, and</content></level><level class="para1" eId="schedule-6-paragraph-1-1-b"><num>(b)</num><content>has not subsequently been released from its undertakings.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-1-2"><num>(2)</num><content>Subject to the following provisions of this paragraph, an authority which is specified under sub-paragraph (1) above is a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-1-3"><num>(3)</num><content>The Secretary of State may, if he considers it expedient to do so, by order made by statutory instrument provide that an authority shall cease to be a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-1-4"><num>(4)</num><content>If, in relation to a relevant local authority which is not a qualifying authority for the purposes of this Schedule, the Secretary of State considers that the way in which the authority carries out its functions has been significantly affected by a change of circumstances occurring since the relevant day, he may by order made by statutory instrument provide that the authority shall be a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-1-5"><num>(5)</num><intro>Before making an order under sub-paragraph (3) or (4) above, the Secretary of State shall consult—</intro><level class="para1" eId="schedule-6-paragraph-1-5-a"><num>(a)</num><content>the nominated undertaker, and</content></level><level class="para1" eId="schedule-6-paragraph-1-5-b"><num>(b)</num><content>unless the authority concerned has requested him to make the order, that authority.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-1-6"><num>(6)</num><content>A statutory instrument containing an order under sub-paragraph (3) or (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subparagraph><subparagraph eId="schedule-6-paragraph-1-7"><num>(7)</num><intro>In sub-paragraph (4) above, the reference to the relevant day is—</intro><level class="para1" eId="schedule-6-paragraph-1-7-a"><num>(a)</num><content>in relation to an authority which has never been a qualifying authority for the purposes of this Schedule, to the day mentioned in sub-paragraph (1)(a) above, and</content></level><level class="para1" eId="schedule-6-paragraph-1-7-b"><num>(b)</num><content>in relation to an authority which has been a qualifying authority for the purposes of this Schedule, to the day on which it ceased, or last ceased, to be such an authority.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-1-8"><num>(8)</num><content>For the purposes of this paragraph, a local authority is a relevant local authority if it has functions under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule in relation to the giving of approval.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-I-crossheading-transition"><heading> Transition</heading><paragraph eId="schedule-6-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-6-paragraph-2-1"><num>(1)</num><content>An order under paragraph 1 above may contain such transitional provision and savings as the Secretary of State thinks fit.</content></subparagraph><subparagraph eId="schedule-6-paragraph-2-2"><num>(2)</num><content>Without prejudice to the generality of sub-paragraph (1) above, provision under that sub-paragraph may include provision with respect to the effect, in a case where the nominated undertaker has obtained, or requested, approval under this Schedule, of the authority which granted the approval, or to which the request has been made, ceasing to be, or becoming, a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-2-3"><num>(3)</num><content>The Secretary of State may by agreement fetter the exercise of his discretion under sub-paragraph (1) above.</content></subparagraph></paragraph></hcontainer></part><part eId="schedule-6-part-II"><num>Part II</num><heading> Development in Greater London</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-II-crossheading-introductory"><heading> Introductory</heading><paragraph eId="schedule-6-paragraph-3" class="schProv1"><num>3</num><content>This Part of this Schedule has effect in relation to development in Greater London.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-II-crossheading-planning-regimes"><heading> Planning regimes</heading><paragraph eId="schedule-6-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-6-paragraph-4-1"><num>(1)</num><content>The requirement set out in paragraph 5 below shall be a condition of the deemed planning permission, so far as relating to relevant development in the area of a London borough council which is not a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-4-2"><num>(2)</num><intro>For the purposes of sub-paragraph (1) above, development is relevant development to the extent that it consists of or includes—</intro><level class="para1" eId="schedule-6-paragraph-4-2-a"><num>(a)</num><content>the erection, construction, alteration or extension of any building, or</content></level><level class="para1" eId="schedule-6-paragraph-4-2-b"><num>(b)</num><content>the formation, laying out or alteration of any means of access to any highway used by vehicular traffic.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-4-3"><num>(3)</num><content>The requirements set out in paragraphs 6 to 10 below shall be conditions of the deemed planning permission, so far as relating to development in the area of a London borough council which is a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-4-4"><num>(4)</num><content>The requirements set out in paragraph 11 below shall be conditions of the deemed planning permission so far as relating to development in the area of any London borough council.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-II-crossheading-conditions-nonqualifying-authority"><heading> Conditions: non-qualifying authority</heading><paragraph eId="schedule-6-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-6-paragraph-5-1"><num>(1)</num><content>Development shall be carried out in accordance with plans and specifications for the time being approved by the local planning authority at the request of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-5-2"><num>(2)</num><content>The local planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.</content></subparagraph><subparagraph eId="schedule-6-paragraph-5-3"><num>(3)</num><content>Where the local planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.</content></subparagraph><subparagraph eId="schedule-6-paragraph-5-4"><num>(4)</num><intro>The only ground on which the local planning authority may refuse to approve plans or specifications for the purposes of this paragraph is—</intro><level class="para1" eId="schedule-6-paragraph-5-4-a"><num>(a)</num><content>that the development to which they relate ought to, and could reasonably, be carried out elsewhere on land within the relevant limits, or</content></level><level class="para1" eId="schedule-6-paragraph-5-4-b"><num>(b)</num><content>that the design or external appearance of any building to which they relate ought to be modified to preserve the local environment or local amenity and is reasonably capable of being so modified.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-5-5"><num>(5)</num><content>The ground mentioned in sub-paragraph (4)(a) above shall not apply in relation to development consisting of the provision of, or the carrying out of works to, a dam.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-II-crossheading-conditions-qualifying-authority"><heading> Conditions: qualifying authority</heading><paragraph eId="schedule-6-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-6-paragraph-6-1"><num>(1)</num><content>To the extent that development consists of any operation or work mentioned in the left-hand column of the table in sub-paragraph (4) below, it shall be carried out in accordance with plans and specifications for the time being approved by the local planning authority at the request of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-6-2"><num>(2)</num><content>The local planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.</content></subparagraph><subparagraph eId="schedule-6-paragraph-6-3"><num>(3)</num><content>Where the local planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.</content></subparagraph><subparagraph eId="schedule-6-paragraph-6-4"><num>(4)</num><content>The only ground on which the local planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in the following table is a ground specified in relation to it in the right-hand column of that table.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Operation or work</default:th><default:th>Grounds</default:th></default:tr><default:tr><default:td>1.Construction works<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) The erection, construction, alteration or extension of any building (except for anything within (b) or (c) below or item 2 or 6) or road vehicle park.</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) The construction, alteration or extension of any terracing, cuttings, embankments or other earth works.</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) The erection, construction, alteration or extension of any fences, walls or other barriers (including bunds) for visual or noise screening or dust suppression.</blockContainer></default:td><default:td>That the design or external appearance of the works ought to be modified—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment or local amenity,</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) to preserve a site of archaeological or historic interest or nature conservation value,</blockContainer>and is reasonably capable of being so modified.That the development ought to, and could reasonably, be carried out elsewhere within the limits of the land on which the works of which it forms part may be carried out under this Part of this Act.</default:td></default:tr><default:tr><default:td>2.Minor construction works The erection, construction, alteration or extension of any transformers, <ins class="substitution first last" ukl:ChangeId="key-11272365e2b04ef2abe8442281955b31-1479040635036" ukl:CommentaryRef="key-11272365e2b04ef2abe8442281955b31"><noteRef uk:name="commentary" href="#key-11272365e2b04ef2abe8442281955b31" class="commentary"/>electronic communications masts</ins> or pedestrian accesses to the railway line.</default:td><default:td>That the design or external appearance of the works ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td/><default:td>That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.</default:td></default:tr><default:tr><default:td>3.Fences and walls The erection, construction, alteration or extension of any fences or walls (except for anything within item 1(c) above).</default:td><default:td>That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.</default:td></default:tr><default:tr><default:td>4.Highway access The formation, laying out or alteration of any means of access to a highway used, or proposed highway proposed to be used, by vehicular traffic.</default:td><default:td>That the development ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and is reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>5.Gantries and overhead line supports The erection or construction of any gantries or overhead line supports for so much of any railway comprised in Work <abbr title="Number">No.</abbr> 1 as lies between the northern end of the roof over <abbr title="Saint">St.</abbr> Pancras station, as it is at the time of erection or construction, and the northern abutment of the existing bridge over the Regent’s Canal.</default:td><default:td>That the design or external appearance of the work ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>6.Artificial lighting The erection, construction or installation of lighting equipment.</default:td><default:td>That the design of the equipment, with respect to the emission of light, ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td/><default:td>That the development ought to, and could reasonably, be carried out elsewhere within the limits of land on which the works of which it forms part may be carried out under this Part of this Act.</default:td></default:tr><default:tr><default:td>7.Waste and spoil disposal The disposal of waste or spoil.</default:td><default:td>That—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) the design or external appearance of disposal sites on land within the relevant limits,</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) the methods by which such sites are worked, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) the noise, dust, vibration or screening arrangements during the operation of such sites,</blockContainer>ought to be modified and are reasonably capable of being modified.That—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment or local amenity,</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) to preserve a site of archaeological or historic interest or nature conservation value,</blockContainer>the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.</default:td></default:tr><default:tr><default:td>8.Borrow pits The excavation of bulk materials from borrow pits.</default:td><default:td>That—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) the design or external appearance of borrow pits on land within the relevant limits,</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) the methods by which such pits are worked, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) the noise, dust, vibration or screening arrangements during the operation of such pits,</blockContainer>ought to be modified and are reasonably capable of being modified.That—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment or local amenity,</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) to preserve a site of archaeological or historic interest or nature conservation value,</blockContainer>the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-6-paragraph-7-1"><num>(1)</num><content>Development shall be carried out in accordance with arrangements approved by the local planning authority at the request of the nominated undertaker with respect to the matters mentioned in the left-hand column of the table in sub-paragraph (2) below.</content></subparagraph><subparagraph eId="schedule-6-paragraph-7-2"><num>(2)</num><intro>The only ground on which the local planning authority may refuse to approve for the purposes of this paragraph arrangements with respect to a matter mentioned in the following table is—</intro><level class="para1" eId="schedule-6-paragraph-7-2-a"><num>(a)</num><content>that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or</content></level><level class="para1" eId="schedule-6-paragraph-7-2-b"><num>(b)</num><content>the ground specified in relation to the matter in the right-hand column of the table.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Matters</default:th><default:th>Grounds</default:th></default:tr><default:tr><default:td>1.Road transport Means and routes by which anything is to be transported on a highway by large goods vehicle to a working or storage site, a site where it will be re-used or a waste disposal site.</default:td><default:td>That the arrangements ought to be modified—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,</blockContainer>and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>2.Handling of re-useable spoil and top soil Handling during removal, storage and re-use of any spoil or top soil removed during the course of carrying out the development.</default:td><default:td>That the arrangements ought to be modified to ensure that the spoil or top soil remain in good condition and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>3.Storage sites Sites on land within the relevant limits at which—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) minerals, aggregates or other construction materials required for the development, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) spoil or top soil,</blockContainer>are to be stored until used or re-used in carrying out the development or disposed of as waste.</default:td><default:td>That the arrangements ought to be modified—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,</blockContainer>and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>4.Construction camps Sites on land within the relevant limits which are to be used for the residential accommodation of persons engaged in carrying out the development.</default:td><default:td>As item 3.</default:td></default:tr><default:tr><default:td>5.Screening Provision where necessary on land within the relevant limits of any screening for working sites on such land required for the purpose of carrying out the development.</default:td><default:td>As item 3.</default:td></default:tr><default:tr><default:td>6.Hours of working The hours and days of the week during which work on the development on land within the relevant limits is to be carried out.</default:td><default:td>That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>7.Artificial lighting The use of artificial lighting on land within the relevant limits for the purpose of carrying out the development.</default:td><default:td>As item 6.</default:td></default:tr><default:tr><default:td>8.Suppression of noise, dust and vibration The suppression of noise, dust and vibration caused by construction operations carried on on land within the relevant limits for the purpose of carrying out the development.</default:td><default:td>As item 6.</default:td></default:tr><default:tr><default:td>9.Mud on highway Measures to be taken on land within the relevant limits to prevent mud being carried onto any public highway as a result of carrying on the development.</default:td><default:td>That the arrangements ought to be modified—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment or local amenity, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,</blockContainer>and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>10.Highway access The formation, laying out or alteration of any means of access to any highway used, or proposed highway proposed to be used, on a temporary basis by vehicular traffic to serve a construction site or camp.</default:td><default:td>That the arrangements ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and are reasonably capable of being so modified.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></level></subparagraph><subparagraph eId="schedule-6-paragraph-7-3"><num>(3)</num><content>The local planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-7-4"><num>(4)</num><content>In this paragraph, “<term refersTo="#term-large-goods-vehicle" eId="term-large-goods-vehicle">large goods vehicle</term>” has the same meaning as in Part IV of the <noteRef href="#c1252183" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Road Traffic Act 1988.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-6-paragraph-8-1"><num>(1)</num><intro>To the extent that development consists of—</intro><level class="para1" eId="schedule-6-paragraph-8-1-a"><num>(a)</num><content>the disposal of waste or spoil, or</content></level><level class="para1" eId="schedule-6-paragraph-8-1-b"><num>(b)</num><content>the excavation of bulk materials from borrow pits,</content></level><wrapUp>it shall not be begun unless the local planning authority has, at the request of the nominated undertaker, approved a scheme for the restoration of the land on which the development is to be carried out.</wrapUp></subparagraph><subparagraph eId="schedule-6-paragraph-8-2"><num>(2)</num><content>The only ground on which the local planning authority may refuse to approve, or impose conditions on the approval of, a scheme for the purposes of this paragraph is that the scheme ought to be modified and is reasonably capable of being modified.</content></subparagraph><subparagraph eId="schedule-6-paragraph-8-3"><num>(3)</num><content>The nominated undertaker shall carry out a scheme approved for the purposes of this paragraph once it has completed its use of the land to which the scheme relates for the purpose of carrying out development of a kind to which sub-paragraph (1) above applies.</content></subparagraph><subparagraph eId="schedule-6-paragraph-8-4"><num>(4)</num><content>In sub-paragraph (1) above, the reference to restoration includes a reference to restoration in the longer term; and, accordingly, a scheme for the restoration of land may include provision about aftercare.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-6-paragraph-9-1"><num>(1)</num><content>No work to which this paragraph applies shall be brought into use without the approval of the local planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-9-2"><num>(2)</num><intro>The works to which this paragraph applies are—</intro><level class="para1" eId="schedule-6-paragraph-9-2-a"><num>(a)</num><content>any scheduled work,</content></level><level class="para1" eId="schedule-6-paragraph-9-2-b"><num>(b)</num><content>any station constructed in exercise of the powers conferred by this Part of this Act, and</content></level><level class="para1" eId="schedule-6-paragraph-9-2-c"><num>(c)</num><content>any depot constructed in exercise of those powers for use for or in connection with the maintenance of railway vehicles or track, whether or not constructed for use also for other purposes.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-9-3"><num>(3)</num><intro>The local planning authority shall, at the request of the nominated undertaker, grant approval for the purposes of sub-paragraph (1) above if—</intro><level class="para1" eId="schedule-6-paragraph-9-3-a"><num>(a)</num><content>it considers that there are no reasonably practicable measures which need to be taken for the purpose of mitigating the effect of the work or its operation on the local environment or local amenity, or</content></level><level class="para1" eId="schedule-6-paragraph-9-3-b"><num>(b)</num><content>it has approved, at the request of the nominated undertaker, a scheme consisting of provision with respect to the taking of measures for that purpose.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-9-4"><num>(4)</num><intro>The local planning authority shall not refuse to approve, nor impose conditions on the approval of, a scheme submitted for the purposes of sub-paragraph (3)(b) above unless it is satisfied that it is expedient to do so on the ground that the scheme ought to be modified—</intro><level class="para1" eId="schedule-6-paragraph-9-4-a"><num>(a)</num><content>to preserve the local environment or local amenity,</content></level><level class="para1" eId="schedule-6-paragraph-9-4-b"><num>(b)</num><content>to preserve a site of archaeological or historic interest, or</content></level><level class="para1" eId="schedule-6-paragraph-9-4-c"><num>(c)</num><content>in the interests of nature conservation,</content></level><wrapUp>and that the scheme is reasonably capable of being so modified.</wrapUp></subparagraph><subparagraph eId="schedule-6-paragraph-9-5"><num>(5)</num><content>In this paragraph, “<term refersTo="#term-railway-vehicle" eId="term-railway-vehicle">railway vehicle</term>” and “<term refersTo="#term-track" eId="term-track">track</term>” have the same meanings as in Part I of the <noteRef href="#c1252184" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Act 1993.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-10" class="schProv1"><num>10</num><intro>—Where the local planning authority approves a scheme for the purposes of paragraph 9(3)(b) above, the nominated undertaker shall be required—</intro><level class="para1" eId="schedule-6-paragraph-10-a"><num>(a)</num><content>to carry out the scheme, and</content></level><level class="para1" eId="schedule-6-paragraph-10-b"><num>(b)</num><content>to comply with any condition subject to which the scheme is approved.</content></level></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-II-crossheading-conditions-general"><heading> Conditions: general</heading><paragraph eId="schedule-6-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-6-paragraph-11-1"><num>(1)</num><content>Where development consists of or includes the carrying out on any site of operations ancillary to the construction of any of the scheduled works, those operations shall be discontinued as soon as reasonably practicable after the completion of the relevant scheduled work or works.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-2"><num>(2)</num><content>The nominated undertaker shall, following discontinuation of the use of any site for carrying out operations ancillary to the construction of any of the scheduled works, restore the site in accordance with a scheme agreed with the local planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-3"><num>(3)</num><content>If, in relation to a site used for carrying out operations ancillary to the construction of any of the scheduled works, no scheme has been agreed for the purposes of sub-paragraph (2) above within 6 months of the completion of the relevant scheduled work or works, the scheme shall be such as the <ins class="first last" ukl:ChangeId="d29p14571" ukl:CommentaryRef="c1252185"><noteRef uk:name="commentary" href="#c1252185" class="commentary"/>Secretary of State</ins> may determine after consultation with the nominated undertaker and the local planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-4"><num>(4)</num><content>Where, independently of any consultation under sub-paragraph (3) above, the <ins class="first last" ukl:ChangeId="d29p14581" ukl:CommentaryRef="c1252186"><noteRef uk:name="commentary" href="#c1252186" class="commentary"/>Secretary of State asks</ins> the local planning authority for assistance in connection with the carrying out by <ins class="first last" ukl:ChangeId="d29p14585" ukl:CommentaryRef="c1252186"><noteRef uk:name="commentary" href="#c1252186" class="commentary"/>him of his</ins> function under sub-paragraph (3) above, <ins class="first last" ukl:ChangeId="d29p14589" ukl:CommentaryRef="c1252186"><noteRef uk:name="commentary" href="#c1252186" class="commentary"/>he</ins> may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-5"><num>(5)</num><content>Sub-paragraph (2) above shall not apply to a site to the extent that it consists of land to which a scheme under paragraph 8 above applies.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-6"><num>(6)</num><content>Sub-paragraph (2) above shall not apply where the site is one in relation to which the nominated undertaker is subject to an obligation under paragraph 2(1) of Schedule 5 above.</content></subparagraph><subparagraph eId="schedule-6-paragraph-11-7"><num>(7)</num><content>In this paragraph, references to the relevant scheduled work or works, in relation to any site, are to the scheduled work or works to which the operations carried out on that site were ancillary.</content></subparagraph></paragraph></hcontainer></part><part eId="schedule-6-part-III"><num>Part III</num><heading> Development in Essex or Kent</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-III-crossheading-introductory"><heading> Introductory</heading><paragraph eId="schedule-6-paragraph-12" class="schProv1"><num>12</num><content>This Part of this Schedule has effect in relation to development in Essex or Kent.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-III-crossheading-planning-regimes-district-councils"><heading> Planning regimes: district councils</heading><paragraph eId="schedule-6-paragraph-13" class="schProv1"><num>13</num><subparagraph eId="schedule-6-paragraph-13-1"><num>(1)</num><content>The requirement set out in paragraph 14 below shall be a condition of the deemed planning permission, so far as relating to relevant development in the area of a district council which is not a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-13-2"><num>(2)</num><intro>For the purposes of sub-paragraph (1) above, development is relevant development to the extent that it consists of or includes—</intro><level class="para1" eId="schedule-6-paragraph-13-2-a"><num>(a)</num><content>the erection, construction, alteration or extension of any building, or</content></level><level class="para1" eId="schedule-6-paragraph-13-2-b"><num>(b)</num><content>the formation, laying out or alteration, otherwise than in connection with an excepted matter, of any means of access to any highway used by vehicular traffic.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-13-3"><num>(3)</num><content>The requirements set out in paragraphs 15 and 16 below shall be conditions of the deemed planning permission, so far as relating to development, other than excepted development, in the area of a district council which is a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-13-4"><num>(4)</num><intro>For the purposes of sub-paragraph (3) above, excepted development is development consisting of—</intro><level class="para1" eId="schedule-6-paragraph-13-4-a"><num>(a)</num><content>the formation, laying out or alteration, in connection with an excepted matter, of any means of access to any highway used by vehicular traffic,</content></level><level class="para1" eId="schedule-6-paragraph-13-4-b"><num>(b)</num><content>the disposal of waste or spoil, or</content></level><level class="para1" eId="schedule-6-paragraph-13-4-c"><num>(c)</num><content>the excavation of bulk materials from borrow pits.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-13-5"><num>(5)</num><content>The requirements set out in paragraphs 17 and 18 below shall be conditions of the deemed planning permission, so far as relating to development in the area of a district council which is a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-13-6"><num>(6)</num><content>The requirements set out in paragraph 19 below shall be conditions of the deemed planning permission, so far as relating to development in the area of any district council.</content></subparagraph><subparagraph eId="schedule-6-paragraph-13-7"><num>(7)</num><intro>For the purposes of this paragraph, the following are excepted matters—</intro><level class="para1" eId="schedule-6-paragraph-13-7-a"><num>(a)</num><content>the transport of minerals,</content></level><level class="para1" eId="schedule-6-paragraph-13-7-b"><num>(b)</num><content>the transport of surplus spoil or top soil,</content></level><level class="para1" eId="schedule-6-paragraph-13-7-c"><num>(c)</num><content>the disposal of waste or spoil, and</content></level><level class="para1" eId="schedule-6-paragraph-13-7-d"><num>(d)</num><content>the excavation of bulk materials from borrow pits.</content></level></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-III-crossheading-district-conditions-nonqualifying-authority"><heading> District conditions: non-qualifying authority</heading><paragraph eId="schedule-6-paragraph-14" class="schProv1"><num>14</num><subparagraph eId="schedule-6-paragraph-14-1"><num>(1)</num><content>Development shall be carried out in accordance with plans and specifications for the time being approved by the district planning authority at the request of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-14-2"><num>(2)</num><content>The district planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.</content></subparagraph><subparagraph eId="schedule-6-paragraph-14-3"><num>(3)</num><content>Where the district planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.</content></subparagraph><subparagraph eId="schedule-6-paragraph-14-4"><num>(4)</num><intro>The only ground on which the district planning authority may refuse to approve plans or specifications for the purposes of this paragraph is—</intro><level class="para1" eId="schedule-6-paragraph-14-4-a"><num>(a)</num><content>that the development to which they relate ought to, and could reasonably, be carried out elsewhere on land within the relevant limits, or</content></level><level class="para1" eId="schedule-6-paragraph-14-4-b"><num>(b)</num><content>that the design or external appearance of any building to which they relate ought to be modified to preserve the local environment or local amenity and is reasonably capable of being so modified.</content></level></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-III-crossheading-district-conditions-qualifying-authority"><heading> District conditions: qualifying authority</heading><paragraph eId="schedule-6-paragraph-15" class="schProv1"><num>15</num><hcontainer name="wrapper1"><subparagraph eId="schedule-6-paragraph-15-1"><num>(1)</num><content>To the extent that development consists of any operation or work mentioned in the left-hand column of the table in sub-paragraph (4) below, it shall be carried out in accordance with plans and specifications for the time being approved by the district planning authority at the request of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-15-2"><num>(2)</num><content>The district planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.</content></subparagraph><subparagraph eId="schedule-6-paragraph-15-3"><num>(3)</num><content>Where the district planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.</content></subparagraph><subparagraph eId="schedule-6-paragraph-15-4"><num>(4)</num><content>The only ground on which the district planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in the following table is a ground specified in relation to it in the right-hand column of that table.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Operation or work</default:th><default:th>Grounds</default:th></default:tr><default:tr><default:td>1.Construction works<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) The erection, construction, alteration or extension of any building (except for anything within (b) or (c) below or item 2 or 6) or road vehicle park.</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) The construction, alteration or extension of any terracing, cuttings, embankments or other earth works.</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) The erection, construction, alteration or extension of any fences, walls or other barriers (including bunds) for visual or noise screening or dust suppression.</blockContainer></default:td><default:td>That the design or external appearance of the works ought to be modified—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment or local amenity,</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) to preserve a site of archaeological or historic interest or nature conservation value,</blockContainer>and is reasonably capable of being so modified.That the development ought to, and could reasonably, be carried out elsewhere within the limits of the land on which the works of which it forms part may be carried out under this Part of this Act.</default:td></default:tr><default:tr><default:td>2.Minor construction works The erection, construction, alteration or extension of any transformers, <ins class="substitution first last" ukl:ChangeId="key-206b7a470c3448718f65ce087935b972-1479039242240" ukl:CommentaryRef="key-206b7a470c3448718f65ce087935b972"><noteRef uk:name="commentary" href="#key-206b7a470c3448718f65ce087935b972" class="commentary"/>electronic communications masts</ins> or pedestrian accesses to the railway line.</default:td><default:td>That the design or external appearance of the works ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td/><default:td>That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.</default:td></default:tr><default:tr><default:td>3.Fences and walls The erection, construction, alteration or extension of any fences or walls (except for anything within item 1(c) above).</default:td><default:td>That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits.</default:td></default:tr><default:tr><default:td>4.Highway access The formation, laying out or alteration of any means of access to a highway used, or proposed highway proposed to be used, by vehicular traffic.</default:td><default:td>That the development ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and is reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>5.Gantries and overhead line supports The erection or construction of any gantries or overhead line supports for so much of the railway comprised in Work <abbr title="Number">No.</abbr> 13 as lies between 1,000 and 2,400 metres from its western end.</default:td><default:td>That the design or external appearance of the work ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>6.Artificial lighting The erection, construction or installation of lighting equipment.</default:td><default:td>That the design of the equipment, with respect to the emission of light, ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td/><default:td>That the development ought to, and could reasonably be, carried out elsewhere within the limits of land on which the works of which it forms part may be carried out under this Part of this Act.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></subparagraph></hcontainer><hcontainer name="wrapper1"><content> Note: 1. In the case of items 1(b) and (c) and 6, the second of the grounds specified does not apply in relation to development which forms part of a scheduled work.</content></hcontainer><hcontainer name="wrapper1"><content>2.Any reference in the left-hand column of the table to a description of works does not include works of that description of a temporary nature.</content></hcontainer><hcontainer name="wrapper1"><subparagraph eId="schedule-6-paragraph-15-5"><num>(5)</num><content>Sub-paragraph (4) above shall apply in relation to the imposition of conditions on approval as it applies in relation to the refusal of approval.</content></subparagraph></hcontainer></paragraph><paragraph eId="schedule-6-paragraph-16" class="schProv1"><num>16</num><subparagraph eId="schedule-6-paragraph-16-1"><num>(1)</num><content>Development shall be carried out in accordance with arrangements approved by the district planning authority at the request of the nominated undertaker with respect to the matters mentioned in the left-hand column of the table in sub-paragraph (2) below.</content></subparagraph><subparagraph eId="schedule-6-paragraph-16-2"><num>(2)</num><intro>The only ground on which the district planning authority may refuse to approve for the purposes of this paragraph arrangements with respect to a matter mentioned in the following table is—</intro><level class="para1" eId="schedule-6-paragraph-16-2-a"><num>(a)</num><content>that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or</content></level><level class="para1" eId="schedule-6-paragraph-16-2-b"><num>(b)</num><content>the ground specified in relation to the matter in the right-hand column of the table.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Matters</default:th><default:th>Grounds</default:th></default:tr><default:tr><default:td>1.Handling of re-useable spoil and top soil Handling during removal, storage and re-use of any spoil or top soil removed during the course of carrying out the development.</default:td><default:td>That the arrangements ought to be modified to ensure that the spoil or top soil remains in good condition and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>2.Storage sites Sites on land within the relevant limits at which—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) minerals, aggregates or other construction materials required for the development, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) spoil or top soil,</blockContainer>are to be stored until used or re-used in carrying out the development or disposed of as waste.</default:td><default:td>That the arrangements ought to be modified—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,</blockContainer>and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>3.Construction camps Sites on land within the relevant limits which are to be used for the residential accommodation of persons engaged in carrying out the development.</default:td><default:td>As item 2.</default:td></default:tr><default:tr><default:td>4.Screening Provision where necessary on land within the relevant limits of any screening for working sites on such land required for the purpose of carrying out the development.</default:td><default:td>As item 2.</default:td></default:tr><default:tr><default:td>5.Hours of working The hours and days of the week during which work on the development on land within the relevant limits is to be carried out.</default:td><default:td>That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>6.Artificial lighting The use of artificial lighting on land within the relevant limits for the purpose of carrying out the development.</default:td><default:td>As item 5.</default:td></default:tr><default:tr><default:td>7.Suppression of noise, dust and vibration The suppression of noise, dust and vibration caused by construction operations carried on on land within the relevant limits for the purpose of carrying out the development.</default:td><default:td>As item 5.</default:td></default:tr><default:tr><default:td>8.Mud on highway Measures to be taken on land within the relevant limits to prevent mud being carried onto any public highway as a result of carrying on the development.</default:td><default:td>That the arrangements ought to be modified—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment or local amenity, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,</blockContainer>and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>9.Highway access The formation, laying out or alteration of any means of access to any highway used, or proposed highway proposed to be used, on a temporary basis by vehicular traffic to serve a construction site or camp.</default:td><default:td>That the arrangements ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and are reasonably capable of being so modified.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></level></subparagraph><subparagraph eId="schedule-6-paragraph-16-3"><num>(3)</num><content>The district planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-17" class="schProv1"><num>17</num><subparagraph eId="schedule-6-paragraph-17-1"><num>(1)</num><content>No work to which this paragraph applies shall be brought into use without the approval of the district planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-17-2"><num>(2)</num><intro>The works to which this paragraph applies are—</intro><level class="para1" eId="schedule-6-paragraph-17-2-a"><num>(a)</num><content>any scheduled work,</content></level><level class="para1" eId="schedule-6-paragraph-17-2-b"><num>(b)</num><content>any station constructed in exercise of the powers conferred by this Part of this Act, and</content></level><level class="para1" eId="schedule-6-paragraph-17-2-c"><num>(c)</num><content>any depot constructed in exercise of those powers for use for or in connection with the maintenance of railway vehicles or track, whether or not constructed for use also for other purposes.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-17-3"><num>(3)</num><intro>The district planning authority shall, at the request of the nominated undertaker, grant approval for the purposes of sub-paragraph (1) above if—</intro><level class="para1" eId="schedule-6-paragraph-17-3-a"><num>(a)</num><content>it considers that there are no reasonably practicable measures which need to be taken for the purpose of mitigating the effect of the work or its operation on the local environment or local amenity, or</content></level><level class="para1" eId="schedule-6-paragraph-17-3-b"><num>(b)</num><content>it has approved, at the request of the nominated undertaker, a scheme consisting of provision with respect to the taking of measures for that purpose.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-17-4"><num>(4)</num><intro>The district planning authority shall not refuse to approve, nor impose conditions on the approval of, a scheme submitted for the purposes of sub-paragraph (3)(b) above unless it is satisfied that it is expedient to do so on the ground that the scheme ought to be modified—</intro><level class="para1" eId="schedule-6-paragraph-17-4-a"><num>(a)</num><content>to preserve the local environment or local amenity,</content></level><level class="para1" eId="schedule-6-paragraph-17-4-b"><num>(b)</num><content>to preserve a site of archaeological or historic interest, or</content></level><level class="para1" eId="schedule-6-paragraph-17-4-c"><num>(c)</num><content>in the interests of nature conservation,</content></level><wrapUp>and that the scheme is reasonably capable of being so modified.</wrapUp></subparagraph><subparagraph eId="schedule-6-paragraph-17-5"><num>(5)</num><content>In this paragraph, “<term refersTo="#term-railway-vehicle" eId="term-railway-vehicle">railway vehicle</term>” and “<term refersTo="#term-track" eId="term-track">track</term>” have the same meanings as in Part I of the <noteRef href="#c1252189" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railways Act 1993.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-18" class="schProv1"><num>18</num><intro>Where the district planning authority approves a scheme for the purposes of paragraph 17(3)(b) above, the nominated undertaker shall be required—</intro><level class="para1" eId="schedule-6-paragraph-18-a"><num>(a)</num><content>to carry out the scheme, and</content></level><level class="para1" eId="schedule-6-paragraph-18-b"><num>(b)</num><content>to comply with any condition subject to which the scheme is approved.</content></level></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-III-crossheading-district-conditions-general"><heading> District conditions: general</heading><paragraph eId="schedule-6-paragraph-19" class="schProv1"><num>19</num><subparagraph eId="schedule-6-paragraph-19-1"><num>(1)</num><content>Where development consists of or includes the carrying out on any site of operations ancillary to the construction of any of the scheduled works, those operations shall be discontinued as soon as reasonably practicable after the completion of the relevant scheduled work or works.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-2"><num>(2)</num><content>The nominated undertaker shall, following discontinuation of the use of any site for carrying out operations ancillary to the construction of any of the scheduled works, restore the site in accordance with a scheme agreed with the district planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-3"><num>(3)</num><content>If, in relation to a site used for carrying out operations ancillary to the construction of any of the scheduled works, no scheme has been agreed for the purposes of sub-paragraph (2) above within 6 months of the completion of the relevant scheduled work or works, the scheme shall be such as the <ins class="first last" ukl:ChangeId="d29p15218" ukl:CommentaryRef="c1252190"><noteRef uk:name="commentary" href="#c1252190" class="commentary"/>Secretary of State</ins> may determine after consultation with the nominated undertaker and the district planning authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-4"><num>(4)</num><content>Where, independently of any consultation under sub-paragraph (3) above, the <ins class="first last" ukl:ChangeId="d29p15228" ukl:CommentaryRef="c1252191"><noteRef uk:name="commentary" href="#c1252191" class="commentary"/>Secretary of State asks</ins> the district planning authority for assistance in connection with the carrying out by <ins class="first last" ukl:ChangeId="d29p15232" ukl:CommentaryRef="c1252191"><noteRef uk:name="commentary" href="#c1252191" class="commentary"/>him of his</ins> function under sub-paragraph (3) above, <ins class="first last" ukl:ChangeId="d29p15236" ukl:CommentaryRef="c1252191"><noteRef uk:name="commentary" href="#c1252191" class="commentary"/>he</ins> may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-5"><num>(5)</num><content>Sub-paragraph (2) above shall not apply to a site to the extent that it consists of land to which a scheme under paragraph 24 below applies.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-6"><num>(6)</num><content>Sub-paragraph (2) above shall not apply where the site is one in relation to which the nominated undertaker is subject to an obligation under paragraph 2(1) of Schedule 5 above.</content></subparagraph><subparagraph eId="schedule-6-paragraph-19-7"><num>(7)</num><content>In this paragraph, references to the relevant scheduled work or works, in relation to any site, are to the scheduled work or works to which the operations carried out on that site were ancillary.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-III-crossheading-planning-regimes-county-councils"><heading> Planning regimes: county councils</heading><paragraph eId="schedule-6-paragraph-20" class="schProv1"><num>20</num><subparagraph eId="schedule-6-paragraph-20-1"><num>(1)</num><content>The requirement set out in paragraph 21 below shall be a condition of the deemed planning permission, so far as relating to relevant development in the area of a county council which is not a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-20-2"><num>(2)</num><content>For the purposes of sub-paragraph (1) above, relevant development is development consisting of the formation, laying out or alteration, in connection with an excepted matter, of any means of access to a highway used by vehicular traffic.</content></subparagraph><subparagraph eId="schedule-6-paragraph-20-3"><num>(3)</num><content>The requirements set out in paragraphs 22, 23 and 24 below shall be conditions of the deemed planning permission, so far as relating to relevant development in the area of a county council which is a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-20-4"><num>(4)</num><intro>For the purposes of sub-paragraph (3) above, relevant development is development consisting of—</intro><level class="para1" eId="schedule-6-paragraph-20-4-a"><num>(a)</num><content>the formation, laying out or alteration, in connection with an excepted matter, of any means of access to a highway used by vehicular traffic,</content></level><level class="para1" eId="schedule-6-paragraph-20-4-b"><num>(b)</num><content>the disposal of waste or spoil, or</content></level><level class="para1" eId="schedule-6-paragraph-20-4-c"><num>(c)</num><content>the excavation of bulk materials from borrow pits.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-20-5"><num>(5)</num><content>The requirement set out in paragraph 25 below shall be a condition of the deemed planning permission, so far as relating to development in the area of a county council which is a qualifying authority for the purposes of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-20-6"><num>(6)</num><intro>For the purposes of this paragraph, the following are excepted matters—</intro><level class="para1" eId="schedule-6-paragraph-20-6-a"><num>(a)</num><content>the transport of minerals,</content></level><level class="para1" eId="schedule-6-paragraph-20-6-b"><num>(b)</num><content>the transport of surplus spoil or top soil,</content></level><level class="para1" eId="schedule-6-paragraph-20-6-c"><num>(c)</num><content>the disposal of waste or spoil, and</content></level><level class="para1" eId="schedule-6-paragraph-20-6-d"><num>(d)</num><content>the excavation of bulk materials from borrow pits.</content></level></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-III-crossheading-county-conditions-nonqualifying-authority"><heading> County conditions: non-qualifying authority</heading><paragraph eId="schedule-6-paragraph-21" class="schProv1"><num>21</num><subparagraph eId="schedule-6-paragraph-21-1"><num>(1)</num><content>Development shall be carried out in accordance with plans and specifications for the time being approved by the county planning authority at the request of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-21-2"><num>(2)</num><content>The county planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.</content></subparagraph><subparagraph eId="schedule-6-paragraph-21-3"><num>(3)</num><content>Where the county planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.</content></subparagraph><subparagraph eId="schedule-6-paragraph-21-4"><num>(4)</num><content>The only ground on which the county planning authority may refuse to approve plans or specifications for the purposes of this paragraph is that the development to which they relate ought to, and could reasonably, be carried out elsewhere on land within the relevant limits.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-III-crossheading-county-conditions-qualifying-authority"><heading> County conditions: qualifying authority</heading><paragraph eId="schedule-6-paragraph-22" class="schProv1"><num>22</num><subparagraph eId="schedule-6-paragraph-22-1"><num>(1)</num><content>To the extent that development consists of any operation or work mentioned in the left-hand column of the table in sub-paragraph (4) below, it shall be carried out in accordance with plans and specifications for the time being approved by the county planning authority at the request of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-22-2"><num>(2)</num><content>The county planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the development to be submitted for approval.</content></subparagraph><subparagraph eId="schedule-6-paragraph-22-3"><num>(3)</num><content>Where the county planning authority exercises the power conferred by sub-paragraph (2) above, the plans and specifications in accordance with which the development is required under sub-paragraph (1) above to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.</content></subparagraph><subparagraph eId="schedule-6-paragraph-22-4"><num>(4)</num><intro>The only ground on which the county planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in the following table is a ground specified in relation to it in the right-hand column of that table.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Operation or work</default:th><default:th>Grounds</default:th></default:tr><default:tr><default:td>1.Highway access The formation, laying out or alteration of any means of access to a highway used, or proposed highway proposed to be used, by vehicular traffic.</default:td><default:td>That the development ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and is reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>2.Waste and spoil disposal The disposal of waste or spoil.</default:td><default:td>That—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) the design or external appearance of disposal sites on land within the relevant limits,</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) the methods by which such sites are worked, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) the noise, dust, vibration or screening arrangements during the operation of such sites, ought to be modified and are reasonably capable of being modified.</blockContainer>That—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment or local amenity,</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) to preserve a site of archaeological or historic interest or nature conservation value,</blockContainer>the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.</default:td></default:tr><default:tr><default:td>3.Borrow pits The excavation of bulk materials from borrow pits.</default:td><default:td>That—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) the design or external appearance of borrow pits on land within the relevant limits,</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) the methods by which such pits are worked, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) the noise, dust, vibration or screening arrangements during the operation of such pits,</blockContainer>ought to be modified and are reasonably capable of being modified.That—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment or local amenity,</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(c) to preserve a site of archaeological or historic interest or nature conservation value,</blockContainer>the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out.</default:td></default:tr></default:tbody></default:table></foreign></tblock>Note: In the case of items 2 and 3, the second of the grounds specified does not apply in relation to development which—</intro><level class="para1" eId="schedule-6-paragraph-22-4-a"><num>(a)</num><content>is within the limits of deviation for the scheduled works, or</content></level><level class="para1" eId="schedule-6-paragraph-22-4-b"><num>(b)</num><content>consists of the use of land specified in columns (1) and (2) of Part I of Schedule 4 for a purpose specified in relation to the land in column (3) of that Part.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-22-5"><num>(5)</num><content>Sub-paragraph (4) above shall apply in relation to the imposition of conditions on approval as it applies in relation to the refusal of approval.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-23" class="schProv1"><num>23</num><subparagraph eId="schedule-6-paragraph-23-1"><num>(1)</num><content>Development shall be carried out in accordance with arrangements approved by the county planning authority at the request of the nominated undertaker with respect to the matters mentioned in the left-hand column of the table in sub-paragraph (2) below.</content></subparagraph><subparagraph eId="schedule-6-paragraph-23-2"><num>(2)</num><intro>The only ground on which the county planning authority may refuse to approve for the purposes of this paragraph arrangements with respect to a matter mentioned in the following table is—</intro><level class="para1" eId="schedule-6-paragraph-23-2-a"><num>(a)</num><content>that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or</content></level><level class="para1" eId="schedule-6-paragraph-23-2-b"><num>(b)</num><content>the ground specified in relation to the matter in the right-hand column of the table.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Matters</default:th><default:th>Grounds</default:th></default:tr><default:tr><default:td>1.Handling of re-usable spoil and top soil Handling during removal, storage, and re-use of any spoil or top soil removed during the course of carrying out the development.</default:td><default:td>That the arrangements ought to be modified to ensure that the spoil or top soil remains in good condition and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>2. Storage sites Sites on land within the relevant limits at which—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) minerals, aggregates or other construction materials required for the development, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) spoil or top soil, are to be stored until used or re-used in carrying out the development or disposed of as waste.</blockContainer></default:td><default:td>That the arrangements ought to be modified—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,</blockContainer>and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>3.Construction camps Sites on land within the relevant limits which are to be used for the residential accommodation of persons engaged in carrying out the development.</default:td><default:td>As item 2.</default:td></default:tr><default:tr><default:td>4.Screening Provision where necessary on land within the relevant limits of any screening for working sites on such land required for the purpose of carrying out the development.</default:td><default:td>As item 2.</default:td></default:tr><default:tr><default:td>5.Hours of working The hours and days of the week during which work on the development on land within the relevant limits is to be carried out.</default:td><default:td>That the arrangements ought to be modified to preserve the local environment or local amenity, and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>6.Artificial lighting The use of artificial lighting on land within the relevant limits for the purpose of carrying out the development.</default:td><default:td>As item 5.</default:td></default:tr><default:tr><default:td>7.Suppression of noise, dust and vibration The suppression of noise, dust and vibration caused by construction operations carried on on land within the relevant limits for the purpose of carrying out the development.</default:td><default:td>As item 5.</default:td></default:tr><default:tr><default:td>8.Mud on highway Measures to be taken on land within the relevant limits to prevent mud being carried onto any public highway as a result of carrying on the development.</default:td><default:td>That the arrangements ought to be modified—<blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(a) to preserve the local environment or local amenity, or</blockContainer><blockContainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" ukl:Name="BlockText">(b) to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,</blockContainer>and are reasonably capable of being so modified.</default:td></default:tr><default:tr><default:td>9.Highway access The formation, laying out or alteration of any means of access to any highway used, or proposed highway proposed to be used, on a temporary basis by vehicular traffic to serve a working site or camp.</default:td><default:td>That the arrangements ought to be modified to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, and are reasonably capable of being so modified.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></level></subparagraph><subparagraph eId="schedule-6-paragraph-23-3"><num>(3)</num><content>The county planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-24" class="schProv1"><num>24</num><subparagraph eId="schedule-6-paragraph-24-1"><num>(1)</num><intro>To the extent that development consists of—</intro><level class="para1" eId="schedule-6-paragraph-24-1-a"><num>(a)</num><content>the disposal of waste or spoil, or</content></level><level class="para1" eId="schedule-6-paragraph-24-1-b"><num>(b)</num><content>the excavation of bulk materials from borrow pits,</content></level><wrapUp>it shall not be begun unless the county planning authority has, at the request of the nominated undertaker, approved a scheme for the restoration of the land on which the development is to be carried out.</wrapUp></subparagraph><subparagraph eId="schedule-6-paragraph-24-2"><num>(2)</num><content>The only ground on which the county planning authority may refuse to approve, or impose conditions on the approval of, a scheme for the purposes of this paragraph is that the scheme ought to be modified and is reasonably capable of being modified.</content></subparagraph><subparagraph eId="schedule-6-paragraph-24-3"><num>(3)</num><content>The nominated undertaker shall carry out a scheme approved for the purposes of this paragraph once it has completed its use of the land to which the scheme relates for the purpose of carrying out development of a kind to which sub-paragraph (1) above applies.</content></subparagraph><subparagraph eId="schedule-6-paragraph-24-4"><num>(4)</num><content>In sub-paragraph (1) above, the reference to restoration includes a reference to restoration in the longer term; and, accordingly, a scheme for the restoration of land may include provision about aftercare.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-25" class="schProv1"><num>25</num><subparagraph eId="schedule-6-paragraph-25-1"><num>(1)</num><content>Development shall be carried out in accordance with arrangements approved by the county planning authority at the request of the nominated undertaker with respect to the means and routes by which anything is to be transported on a highway by large goods vehicle to a working or storage site, a site where it will be re-used or a waste disposal site.</content></subparagraph><subparagraph eId="schedule-6-paragraph-25-2"><num>(2)</num><intro>The only ground on which the county planning authority may refuse to approve arrangements for the purposes of this paragraph is—</intro><level class="para1" eId="schedule-6-paragraph-25-2-a"><num>(a)</num><content>that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other permitted development which is to be carried out in the authority’s area, or</content></level><level class="para1" eId="schedule-6-paragraph-25-2-b"><num>(b)</num><intro>that the arrangements ought to be modified—</intro><level class="para2" eId="schedule-6-paragraph-25-2-b-i"><num>(i)</num><content>to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or</content></level><level class="para2" eId="schedule-6-paragraph-25-2-b-ii"><num>(ii)</num><content>to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area,</content></level><wrapUp>and are reasonably capable of being so modified.</wrapUp></level></subparagraph><subparagraph eId="schedule-6-paragraph-25-3"><num>(3)</num><content>The county planning authority may only impose conditions on approval for the purposes of this paragraph with the agreement of the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-25-4"><num>(4)</num><content>In this paragraph, “<term refersTo="#term-large-goods-vehicle" eId="term-large-goods-vehicle">large goods vehicle</term>” has the same meaning as in Part IV of the <noteRef href="#c1252194" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Road Traffic Act 1988.</content></subparagraph></paragraph></hcontainer></part><part eId="schedule-6-part-IV"><num>Part IV</num><heading> Supplementary</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-IV-crossheading-programming-of-requests-for-planning-approvals"><heading> Programming of requests for planning approvals</heading><paragraph eId="schedule-6-paragraph-26" class="schProv1"><num>26</num><intro>A planning authority shall not be required to entertain a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule unless—</intro><level class="para1" eId="schedule-6-paragraph-26-a"><num>(a)</num><content>the nominated undertaker has deposited with the authority a document setting out its proposed programme with respect to the making of requests under that Part to the authority, and</content></level><level class="para1" eId="schedule-6-paragraph-26-b"><num>(b)</num><content>the request is accompanied by a document explaining how the matters to which the request relates fit into the overall scheme of the works authorised by this Part of this Act.</content></level></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-IV-crossheading-consultation"><heading> Consultation</heading><paragraph eId="schedule-6-paragraph-27" class="schProv1"><num>27</num><subparagraph eId="schedule-6-paragraph-27-1"><num>(1)</num><intro>Where a planning authority considers that a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule relates to matters which may affect—</intro><level class="para1" eId="schedule-6-paragraph-27-1-a"><num>(a)</num><content>nature conservation,</content></level><level class="para1" eId="schedule-6-paragraph-27-1-b"><num>(b)</num><content>the conservation of the natural beauty or amenity of the countryside, or</content></level><level class="para1" eId="schedule-6-paragraph-27-1-c"><num>(c)</num><content>a site of archaeological or historic interest,</content></level><wrapUp>it shall, within 5 days of receiving the request, invite the appropriate body or bodies to make representations.</wrapUp></subparagraph><subparagraph eId="schedule-6-paragraph-27-2"><num>(2)</num><intro>Where under sub-paragraph (1) above a planning authority has invited a body to make representations about a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule, it shall not make any decision about the request until—</intro><level class="para1" eId="schedule-6-paragraph-27-2-a"><num>(a)</num><content>it has received representations from the body about the request,</content></level><level class="para1" eId="schedule-6-paragraph-27-2-b"><num>(b)</num><content>it has been informed by the body that it does not wish to make any representations about the request, or</content></level><level class="para1" eId="schedule-6-paragraph-27-2-c"><num>(c)</num><content>21 days have elapsed since the date of the invitation.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-27-3"><num>(3)</num><content>An invitation under sub-paragraph (1) above shall specify the time limit for making representations.</content></subparagraph><subparagraph eId="schedule-6-paragraph-27-4"><num>(4)</num><content>For the purposes of this paragraph, the following are appropriate bodies in relation to the following matters—<tblock class="table" ukl:Orientation="portrait"><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Matter</default:th><default:th>Body</default:th></default:tr><default:tr><default:td>Nature conservation.</default:td><default:td><ins class="substitution first last" ukl:ChangeId="key-68ed752a1accbf35d50863d07a4545ec-1479065177546" ukl:CommentaryRef="key-68ed752a1accbf35d50863d07a4545ec"><noteRef uk:name="commentary" href="#key-68ed752a1accbf35d50863d07a4545ec" class="commentary"/>Natural England.</ins></default:td></default:tr><default:tr><default:td>Conservation of the natural beauty or amenity of the countryside.</default:td><default:td>The <ins class="substitution first last" ukl:ChangeId="key-68ed752a1accbf35d50863d07a4545ec-1479065215036" ukl:CommentaryRef="key-68ed752a1accbf35d50863d07a4545ec"><noteRef uk:name="commentary" href="#key-68ed752a1accbf35d50863d07a4545ec" class="commentary"/>Nature conservation or conservation of the natural beauty or amenity of the countryside</ins> .</default:td></default:tr><default:tr><default:td>Sites of archaeological or historic interest.</default:td><default:td>The Historic Buildings and Monuments Commission for England.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-28" class="schProv1"><num>28</num><subparagraph eId="schedule-6-paragraph-28-1"><num>(1)</num><intro>Where a planning authority considers that a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule relates to matters which may affect—</intro><level class="para1" eId="schedule-6-paragraph-28-1-a"><num>(a)</num><content>the conservation of the natural beauty or amenity of inland or coastal waters or land associated with such waters,</content></level><level class="para1" eId="schedule-6-paragraph-28-1-b"><num>(b)</num><content>the conservation of flora or fauna which are dependent on an aquatic environment, or</content></level><level class="para1" eId="schedule-6-paragraph-28-1-c"><num>(c)</num><content>the use of such waters or land for recreational purposes,</content></level><wrapUp>it shall, within 5 days of receiving the request, invite the Environment Agency to make representations.</wrapUp></subparagraph><subparagraph eId="schedule-6-paragraph-28-2"><num>(2)</num><intro>Where under sub-paragraph (1) above a planning authority has invited the Environment Agency to make representations about a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule, it shall not make any decision about the request until—</intro><level class="para1" eId="schedule-6-paragraph-28-2-a"><num>(a)</num><content>it has received representations from the Agency about the request,</content></level><level class="para1" eId="schedule-6-paragraph-28-2-b"><num>(b)</num><content>it has been informed by the Agency that it does not wish to make any representations about the request, or</content></level><level class="para1" eId="schedule-6-paragraph-28-2-c"><num>(c)</num><content>21 days have elapsed since the date of the invitation.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-28-3"><num>(3)</num><content>An invitation under sub-paragraph (1) above shall specify the time limit for making representations.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-29" class="schProv1"><num>29</num><subparagraph eId="schedule-6-paragraph-29-1"><num>(1)</num><content>Where a planning authority considers that a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule relates to matters which may affect the Lee Valley Regional Park, it shall, within 5 days of receiving the request, invite the Lee Valley Regional Park Authority to make representations.</content></subparagraph><subparagraph eId="schedule-6-paragraph-29-2"><num>(2)</num><intro>Where under sub-paragraph (1) above a planning authority has invited the Lee Valley Regional Park Authority to make representations about a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule, it shall not make any decision about the request until—</intro><level class="para1" eId="schedule-6-paragraph-29-2-a"><num>(a)</num><content>it has received representations from the Authority about the request,</content></level><level class="para1" eId="schedule-6-paragraph-29-2-b"><num>(b)</num><content>it has been informed by the Authority that it does not wish to make any representations about the request, or</content></level><level class="para1" eId="schedule-6-paragraph-29-2-c"><num>(c)</num><content>21 days have elapsed since the date of the invitation.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-29-3"><num>(3)</num><content>An invitation under sub-paragraph (1) above shall specify the time limit for making representations.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-IV-crossheading-intervention-by-secretary-of-state"><heading> Intervention by Secretary of State</heading><paragraph eId="schedule-6-paragraph-30" class="schProv1"><num>30</num><subparagraph eId="schedule-6-paragraph-30-1"><num>(1)</num><content>The <ins class="first last" ukl:ChangeId="d29p16037" ukl:CommentaryRef="c1252198"><noteRef uk:name="commentary" href="#c1252198" class="commentary"/>Secretary of State</ins> may by directions require a planning authority to refer any request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule to <ins class="first last" ukl:ChangeId="d29p16041" ukl:CommentaryRef="c1252199"><noteRef uk:name="commentary" href="#c1252199" class="commentary"/>him</ins>.</content></subparagraph><subparagraph eId="schedule-6-paragraph-30-2"><num>(2)</num><content>In determining a request referred to <ins class="first last" ukl:ChangeId="d29p16051" ukl:CommentaryRef="c1252199"><noteRef uk:name="commentary" href="#c1252199" class="commentary"/>him</ins> under this paragraph, the <ins class="first last" ukl:ChangeId="d29p16055" ukl:CommentaryRef="c1252198"><noteRef uk:name="commentary" href="#c1252198" class="commentary"/>Secretary of State</ins> shall have the same powers as the authority making the reference.</content></subparagraph><subparagraph eId="schedule-6-paragraph-30-3"><num>(3)</num><content>The determination by the <ins class="first last" ukl:ChangeId="d29p16065" ukl:CommentaryRef="c1252198"><noteRef uk:name="commentary" href="#c1252198" class="commentary"/>Secretary of State</ins> of a request referred to <ins class="first last" ukl:ChangeId="d29p16069" ukl:CommentaryRef="c1252199"><noteRef uk:name="commentary" href="#c1252199" class="commentary"/>him</ins> under this paragraph shall be final.</content></subparagraph><subparagraph eId="schedule-6-paragraph-30-4"><num>(4)</num><intro>Directions under this paragraph may—</intro><level class="para1" eId="schedule-6-paragraph-30-4-a"><num>(a)</num><content>be given in relation to a specified request or requests of a specified description, and</content></level><level class="para1" eId="schedule-6-paragraph-30-4-b"><num>(b)</num><content>cancel or vary previous directions under this paragraph.</content></level></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-31" class="schProv1"><num>31</num><subparagraph eId="schedule-6-paragraph-31-1"><num>(1)</num><content>The <ins class="first last" ukl:ChangeId="d29p16102" ukl:CommentaryRef="c1252204"><noteRef uk:name="commentary" href="#c1252204" class="commentary"/>Secretary of State</ins> may by directions restrict a planning authority’s powers in relation to the grant of approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule.</content></subparagraph><subparagraph eId="schedule-6-paragraph-31-2"><num>(2)</num><intro>Directions under this paragraph may—</intro><level class="para1" eId="schedule-6-paragraph-31-2-a"><num>(a)</num><content>be given in relation to a specified approval or approvals of a specified description,</content></level><level class="para1" eId="schedule-6-paragraph-31-2-b"><num>(b)</num><content>be expressed to have effect without limit of time or during a specified period, and</content></level><level class="para1" eId="schedule-6-paragraph-31-2-c"><num>(c)</num><content>cancel or vary previous directions under this paragraph.</content></level></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-IV-crossheading-appeals"><heading> Appeals</heading><paragraph eId="schedule-6-paragraph-32" class="schProv1"><num>32</num><subparagraph eId="schedule-6-paragraph-32-1"><num>(1)</num><content>Where the nominated undertaker is aggrieved by a decision of a planning authority on a request for approval under Part II or <abbr class="acronym" title="3">III</abbr> of this Schedule (including a decision under sub-paragraph (2) of paragraph 5, 6, 14, 15, 21 or 22 above), it may appeal to the <ins class="first last" ukl:ChangeId="d29p16145" ukl:CommentaryRef="c1252205"><noteRef uk:name="commentary" href="#c1252205" class="commentary"/>Secretary of State</ins> by giving notice of the appeal in the prescribed form to <ins class="first last" ukl:ChangeId="d29p16149" ukl:CommentaryRef="c1252206"><noteRef uk:name="commentary" href="#c1252206" class="commentary"/>him</ins> and the authority whose decision is appealed against within 28 days of notification of the decision.</content></subparagraph><subparagraph eId="schedule-6-paragraph-32-2"><num>(2)</num><content>On an appeal under this paragraph, the <ins class="first last" ukl:ChangeId="d29p16159" ukl:CommentaryRef="c1252205"><noteRef uk:name="commentary" href="#c1252205" class="commentary"/>Secretary of State</ins> may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against, but may only make a determination involving the refusal of, or imposition of conditions on, approval on grounds open to that authority.</content></subparagraph><subparagraph eId="schedule-6-paragraph-32-3"><num>(3)</num><intro>Where, following receipt by a planning authority of a request by the nominated undertaker for relevant approval, the authority does not notify the undertaker within the appropriate period—</intro><level class="para1" eId="schedule-6-paragraph-32-3-a"><num>(a)</num><content>of its decision on the request, or</content></level><level class="para1" eId="schedule-6-paragraph-32-3-b"><num>(b)</num><content>that the request has been referred to the <ins class="first last" ukl:ChangeId="d29p16181" ukl:CommentaryRef="c1252205"><noteRef uk:name="commentary" href="#c1252205" class="commentary"/>Secretary of State</ins> in accordance with directions under paragraph 30 above,</content></level><wrapUp>this paragraph shall apply as if the authority had refused the request and notified the undertaker of its decision on the last day of the appropriate period.</wrapUp></subparagraph><subparagraph eId="schedule-6-paragraph-32-4"><num>(4)</num><content>For the purposes of sub-paragraph (3) above, the appropriate period is the period of 8 weeks beginning with the date on which the request was received by the planning authority or such extended period as may at any time be agreed upon in writing between the authority and the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-6-paragraph-32-5"><num>(5)</num><content>The <ins class="first last" ukl:ChangeId="d29p16199" ukl:CommentaryRef="c1252205"><noteRef uk:name="commentary" href="#c1252205" class="commentary"/>Secretary of State</ins> may by regulations make provision for the extension of the appropriate period for the purposes of sub-paragraph (3) above in connection with the payment of fees by means of cheque.</content></subparagraph><subparagraph eId="schedule-6-paragraph-32-6"><num>(6)</num><content>The power to make regulations under sub-paragraph (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subparagraph><subparagraph eId="schedule-6-paragraph-32-7"><num>(7)</num><content>In this paragraph, “<term refersTo="#term-prescribed" eId="term-prescribed">prescribed</term>” means prescribed by regulations made by the <ins class="first last" ukl:ChangeId="d29p16218" ukl:CommentaryRef="c1252205"><noteRef uk:name="commentary" href="#c1252205" class="commentary"/>Secretary of State</ins>.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-33" class="schProv1"><num>33</num><content>No appeal under section 78 of the <noteRef href="#c1252211" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990 (right to appeal against planning decisions and failure to take such decisions) may be made against a decision, or failure to notify a decision, in relation to which a right of appeal arises under paragraph 32 above.</content></paragraph><paragraph eId="schedule-6-paragraph-34" class="schProv1"><num>34</num><subparagraph eId="schedule-6-paragraph-34-1"><num>(1)</num><content>Unless the <ins class="first last" ukl:ChangeId="d29p16242" ukl:CommentaryRef="c1252212"><noteRef uk:name="commentary" href="#c1252212" class="commentary"/>Secretary of State</ins><ins class="first last" ukl:ChangeId="d29p16245" ukl:CommentaryRef="c1252213"><noteRef uk:name="commentary" href="#c1252213" class="commentary"/>directs</ins> otherwise, <ins class="first last" ukl:ChangeId="d29p16249" ukl:CommentaryRef="c1252213"><noteRef uk:name="commentary" href="#c1252213" class="commentary"/>his</ins> functions in relation to the determination of an appeal under paragraph 32 above shall, instead of being carried out by <ins class="first last" ukl:ChangeId="d29p16253" ukl:CommentaryRef="c1252213"><noteRef uk:name="commentary" href="#c1252213" class="commentary"/>him</ins>, be carried out by a person appointed by <ins class="first last" ukl:ChangeId="d29p16257" ukl:CommentaryRef="c1252213"><noteRef uk:name="commentary" href="#c1252213" class="commentary"/>him</ins> for the purpose.</content></subparagraph><subparagraph eId="schedule-6-paragraph-34-2"><num>(2)</num><content>The <ins class="first last" ukl:ChangeId="d29p16267" ukl:CommentaryRef="c1252212"><noteRef uk:name="commentary" href="#c1252212" class="commentary"/>Secretary of State</ins> may by a further direction revoke a direction under sub-paragraph (1) above at any time before the determination of the appeal.</content></subparagraph><subparagraph eId="schedule-6-paragraph-34-3"><num>(3)</num><content>A direction under sub-paragraph (1) or (2) above shall be served on the nominated undertaker and the planning authority whose decision is appealed against.</content></subparagraph><subparagraph eId="schedule-6-paragraph-34-4"><num>(4)</num><content>At any time before the determination of an appeal by a person appointed for the purpose under this paragraph, the <ins class="first last" ukl:ChangeId="d29p16283" ukl:CommentaryRef="c1252212"><noteRef uk:name="commentary" href="#c1252212" class="commentary"/>Secretary of State</ins> may revoke his appointment and appoint another person to determine the appeal instead.</content></subparagraph><subparagraph eId="schedule-6-paragraph-34-5"><num>(5)</num><content>Where the function of determining an appeal under paragraph 32 above is transferred from one person to another, the person to whom the function is transferred shall consider the matter afresh, but the fact that the function is transferred shall not entitle any person to make fresh representations or to modify or withdraw any representations already made.</content></subparagraph><subparagraph eId="schedule-6-paragraph-34-6"><num>(6)</num><content>If the <ins class="first last" ukl:ChangeId="d29p16299" ukl:CommentaryRef="c1252212"><noteRef uk:name="commentary" href="#c1252212" class="commentary"/>Secretary of State</ins><ins class="first last" ukl:ChangeId="d29p16302" ukl:CommentaryRef="c1252220"><noteRef uk:name="commentary" href="#c1252220" class="commentary"/>determines</ins> an appeal which another person was previously appointed to determine, <ins class="first last" ukl:ChangeId="d29p16306" ukl:CommentaryRef="c1252220"><noteRef uk:name="commentary" href="#c1252220" class="commentary"/>he</ins> may, in determining it, take into account any report made to <ins class="first last" ukl:ChangeId="d29p16310" ukl:CommentaryRef="c1252220"><noteRef uk:name="commentary" href="#c1252220" class="commentary"/>him</ins> by that person.</content></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-35" class="schProv1"><num>35</num><content>The decision of the person appointed under paragraph 34 above, or, as the case may be, of the <ins class="first last" ukl:ChangeId="d29p16321" ukl:CommentaryRef="c1252223"><noteRef uk:name="commentary" href="#c1252223" class="commentary"/>Secretary of State</ins>, on an appeal under paragraph 32 above shall be final.</content></paragraph><paragraph eId="schedule-6-paragraph-36" class="schProv1"><num>36</num><subparagraph eId="schedule-6-paragraph-36-1"><num>(1)</num><content>An appeal under paragraph 32 above shall be dealt with on the basis of written representations, unless the person deciding the appeal directs otherwise.</content></subparagraph><subparagraph eId="schedule-6-paragraph-36-2"><num>(2)</num><content>Subject to that, the <ins class="first last" ukl:ChangeId="d29p16342" ukl:CommentaryRef="c1252224"><noteRef uk:name="commentary" href="#c1252224" class="commentary"/>Secretary of State</ins> may by regulations make such provision as <ins class="first last" ukl:ChangeId="d29p16346" ukl:CommentaryRef="c1252225"><noteRef uk:name="commentary" href="#c1252225" class="commentary"/>he thinks</ins> fit about procedure in relation to appeals under paragraph 32 above.</content></subparagraph><subparagraph eId="schedule-6-paragraph-36-3"><num>(3)</num><intro>Regulations under sub-paragraph (2) above may, in particular—</intro><level class="para1" eId="schedule-6-paragraph-36-3-a"><num>(a)</num><content>make provision for a time limit within which any person entitled to make representations must submit them in writing and any supporting documents,</content></level><level class="para1" eId="schedule-6-paragraph-36-3-b"><num>(b)</num><content>empower the person deciding an appeal to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit, and</content></level><level class="para1" eId="schedule-6-paragraph-36-3-c"><num>(c)</num><content>empower the person deciding an appeal, after giving written notice of his intention to do so to the nominated undertaker and the planning authority whose decision is appealed against, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-36-4"><num>(4)</num><intro>Regulations under sub-paragraph (2) above may, in relation to such a time limit as is mentioned in sub-paragraph (3)(a) above—</intro><level class="para1" eId="schedule-6-paragraph-36-4-a"><num>(a)</num><content>prescribe the time limit in the regulations, or</content></level><level class="para1" eId="schedule-6-paragraph-36-4-b"><num>(b)</num><content>enable the <ins class="first last" ukl:ChangeId="d29p16392">Secretary of State</ins> to give directions setting the time limit in a particular case or class of case.</content></level></subparagraph></paragraph><paragraph eId="schedule-6-paragraph-37" class="schProv1"><num>37</num><subparagraph eId="schedule-6-paragraph-37-1"><num>(1)</num><content>Regulations under paragraph 32 or 36 above may make different provision for different cases.</content></subparagraph><subparagraph eId="schedule-6-paragraph-37-2"><num>(2)</num><content>The power to make regulations under paragraph 32 or 36 above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-6-part-IV-crossheading-interpretation"><heading> Interpretation</heading><paragraph eId="schedule-6-paragraph-38" class="schProv1"><num>38</num><subparagraph eId="schedule-6-paragraph-38-1"><num>(1)</num><intro>In this Schedule—</intro><hcontainer name="definition"><intro>“<term refersTo="#term-building" eId="term-building">building</term>” includes any structure, other than—</intro><level class="para1"><num>(a)</num><content>anything in the nature of plant or machinery,</content></level><level class="para1"><num>(b)</num><content>any gate, fence, wall or other means of enclosure, or</content></level><level class="para1"><num>(c)</num><content>any tunnel, earthwork or railway track bed,</content></level><wrapUp>but does not include anything temporary or, except where forming part of a station and intended for public use, anything underground;</wrapUp></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-deemed-planning-permission" eId="term-deemed-planning-permission">deemed planning permission</term>” means the planning permission deemed by section 9 above to be granted;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-development" eId="term-development">development</term>” has the same meaning as in the <noteRef href="#c1252227" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-permitted-development" eId="term-permitted-development">permitted development</term>” means development to which the deemed planning permission relates.</content></hcontainer></subparagraph><subparagraph eId="schedule-6-paragraph-38-2"><num>(2)</num><intro>In this Schedule—</intro><level class="para1" eId="schedule-6-paragraph-38-2-a"><num><noteRef href="#c1252228" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>(a)</num><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></level><level class="para1" eId="schedule-6-paragraph-38-2-b"><num>(b)</num><content>references to land within the relevant limits are to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.</content></level></subparagraph><subparagraph eId="schedule-6-paragraph-38-3"><num>(3)</num><content>For the purposes of this Schedule, spoil or top soil is surplus if it is not used for the purposes of any of the works authorised by this Part of this Act.</content></subparagraph></paragraph></hcontainer></part></hcontainer><hcontainer name="schedule" eId="schedule-7"><num>SCHEDULE 7<authorialNote class="referenceNote">Section 12.</authorialNote></num><heading> Heritage</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-7-crossheading-listed-buildings-and-conservation-areas"><heading> Listed buildings and conservation areas</heading><paragraph eId="schedule-7-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-7-paragraph-1-1"><num>(1)</num><intro>Subject to sub-paragraph (2) below, if a listed building was such a building immediately before 30th September 1994 and is specified in columns (1) and (2) of the following table—</intro><level class="para1" eId="schedule-7-paragraph-1-1-a"><num>(a)</num><content>section 7 of the <noteRef href="#c1252811" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Planning (Listed Buildings and Conservation Areas) Act 1990 (restriction on works affecting listed buildings) shall not apply to works carried out in relation to the building in exercise of the powers conferred by this Part of this Act,</content></level><level class="para1" eId="schedule-7-paragraph-1-1-b"><num>(b)</num><content>to the extent that a notice issued in relation to the building under section 38(1) of that Act (enforcement) requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Part of this Act, it shall not have effect or, as the case may be, shall cease to have effect,</content></level><level class="para1" eId="schedule-7-paragraph-1-1-c"><num>(c)</num><content>no steps may be taken in relation to the building under section 42(1) of that Act (execution of works specified in notice under section 38(1)) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above, and</content></level><level class="para1" eId="schedule-7-paragraph-1-1-d"><num>(d)</num><content>no works may be executed for the preservation of the building under section 54 of that Act (urgent works to preserve unoccupied listed buildings) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above.</content></level></subparagraph><subparagraph eId="schedule-7-paragraph-1-2"><num>(2)</num><content>In the case of any building specified in columns (1) and (2) of the following table in relation to which any description of works is specified in column (3) of that table, sub-paragraph (1) above shall have effect as if the references to works carried out in exercise of the powers conferred by this Part of this Act were, so far as concerns works of demolition or alteration (as opposed to extension), to works so carried out which are of a description specified in relation to it in that column.</content></subparagraph><subparagraph eId="schedule-7-crossheading-listed-buildings-and-conservation-areas_paragraph-1-3n1"><num>(3)</num><content>Paragraphs (a) to (d) of sub-paragraph (1) above shall also apply in relation to a listed building which was not such a building immediately before 30th September 1994.</content></subparagraph><subparagraph eId="schedule-7-crossheading-listed-buildings-and-conservation-areas_paragraph-1-3n2"><num>(3)</num><content>Paragraphs (a) to (d) of sub-paragraph (1) above shall also apply in relation to a listed building which was not such a building immediately before 30th September 1994.</content></subparagraph><subparagraph eId="schedule-7-paragraph-1-4"><num>(4)</num><intro>If a building included in a conservation area and not a listed building—</intro><level class="para1" eId="schedule-7-paragraph-1-4-a"><num>(a)</num><content>was not included in a conservation area immediately before 30th September 1994, or</content></level><level class="para1" eId="schedule-7-paragraph-1-4-b"><num>(b)</num><content>was included in such an area immediately before that date and is specified in columns (1) and (2) of the following table,</content></level><wrapUp>section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (control of demolition in conservation areas) shall not apply to the demolition of it in exercise of the powers conferred by this Part of this Act.</wrapUp></subparagraph><subparagraph eId="schedule-7-paragraph-1-5"><num>(5)</num><content>Anything which, by virtue of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (objects or structures fixed to, or within the curtilage of, a building), is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.</content></subparagraph><subparagraph eId="schedule-7-paragraph-1-6"><num>(6)</num><content>In this paragraph, “building”and “listed building” have the same meanings as in the Planning (Listed Buildings and Conservation Areas) Act 1990.</content></subparagraph></paragraph></hcontainer><part eId="schedule-7-part-1"><num>The Table</num><heading> Buildings Authorised to be Demolished</heading><intro><tblock class="table" ukl:Orientation="portrait"><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th><default:th>(3)</default:th></default:tr><default:tr><default:th>Area</default:th><default:th>Buildings authorised to be demolished</default:th><default:th>Limit of authorised demolition or alteration</default:th></default:tr><default:tr><default:th colspan="3">GREATER LONDON</default:th></default:tr><default:tr><default:td>London Borough of Camden</default:td><default:td><abbr title="Saint">St.</abbr> Pancras Station and Chambers comprising trainshed, Chambers and ancillary buildings, including those in the forecourt. Grade I.</default:td><default:td>Demolition of structures at ground and upper levels to the north and on the west side of the trainshed and alterations and partial demolition elsewhere.</default:td></default:tr><default:tr><default:td/><default:td>Great Northern Hotel, Pancras Road. Grade II.</default:td><default:td>Partial demolitions and alterations in service yard and remedial alterations elsewhere.</default:td></default:tr><default:tr><default:td/><default:td>26 Pancras Road (German Gymnasium). Grade II.</default:td><default:td>Demolition of entrance, including stairs and passageway, and western hall and alterations and partial demolition elsewhere.</default:td></default:tr><default:tr><default:td/><default:td>Kings Cross Station. Grade I.</default:td><default:td>Demolition of porte cochere and part of west side offices and remedial alterations elsewhere.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Front boundary wall to Euston Road Fire Brigade Station. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>Flats 1 to 20 Stanley Buildings, Stanley Passage (south side). Grade II.</default:td><default:td>Demolition of flats 1 to 10 and remedial alterations elsewhere.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">3 linked gas holders, Goods Way (west side). Grade II.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Water point north of <abbr title="Saint">St.</abbr> Pancras Station. Grade II.</default:td></default:tr><default:tr><default:td/><default:td colspan="2"><abbr title="Numbers">Nos.</abbr> 1 to 11 (odd) Euston Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Red Star Parcels office, Cheney Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Former Police buildings, Cheney Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Former Motorail Terminal, Cheney Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">South Side Buildings, Wellers Court.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">British Rail Staff Association Clubhouse, 2b Pancras Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Kings Cross taxi park cafe (temporary building), Pancras Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">22, 24, 28, 30 and 32 Pancras Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Buildings at 40 Pancras Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">1 to 4 Gas Works Cottages, Battle Bridge Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Single unlisted gas holder, associated gas governor and gas supply building and apparatus, Battle Bridge Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Units 1 to 6, 1 Battle Bridge Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">The Battle Bridge Centre, 2 to 6 Battle Bridge Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Warehouse, 1 and 2 Goods Way.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">1 Camley Street.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Fuel depot and electricity substation complex, Wharf Road.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Railway bridge (<abbr title="Number">No.</abbr> 8) over Regent’s Canal.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Railway bridge (<abbr title="Number">No.</abbr> 6) over Camley Street.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Light industrial unit, Camley Street (south of railway bridge <abbr title="Number">No.</abbr> 6).</default:td></default:tr><default:tr><default:td/><default:td colspan="2">2 solid waste transfer stations, Camley Street.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">2 unlisted gas holders, Camley Street (west side).</default:td></default:tr><default:tr><default:td/><default:td colspan="2"><abbr title="Number">No.</abbr> 1 Midland Road and railway bridge No.1, at the junction of Pancras Road and Goods Way.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Arches 42 to 47 inclusive, 48 to 54 (even), 58 to 90(a) (even) (east side of Pancras Road) and disused coal drops above.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Boundary wall to Neville Close and arches 113-115 (west side of Pancras Road).</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Walls along the west side of Midland Road, and along the south side of Brill Place, including incorporated structures at ground and upper levels.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Boundary walls and fences to east side of Pancras Road, south of Battle Bridge Road; north side of Clarence Passage; north and south sides of Stanley Passage; east and west side of Cheney Road; north and south sides of Battle Bridge Road; south side of Goods Way; north side of Goods Way, west of the concrete canal bridge; west side of Camley Street, south of the railway bridge; southern section of east side of Camley Street.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Any other walls, fences, parapets, bridge inverts, underground structures, plant, machinery and towpath works as required to be demolished to construct the works authorised by this Part of this Act within King’s Cross/<abbr title="Saint">St.</abbr> Pancras, Regent’s Canal, Camden Square and Bartholomew Estate Conservation Areas.</default:td></default:tr><default:tr><default:td>London Borough of Islington</default:td><default:td colspan="2">Caledonian Road and Barnsbury Station Ticket Office.</default:td></default:tr><default:tr><default:th colspan="3">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Cobham</default:td><default:td colspan="2">Parish boundary stone, Brewers Road. Grade II.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Charing</default:td><default:td colspan="2">Brockton, Egerton Road, Charing Heath. Grade II.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Weatherboarded barn to the east of Brockton. Grade II.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Hothfield</default:td><default:td colspan="2">Yonsea, Maidstone Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Oasthouse to the south of Yonsea, Maidstone Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Granary and cartshed to the north west of Yonsea, Maidstone Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Yonsea Bungalow, Maidstone Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Range of barns 50 metres to the north of Yonsea, Maidstone Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">Range of barns 50 metres to the west of Yonsea, Maidstone Road. Grade II.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Town of Ashford</default:td><default:td colspan="2">2 Boys Hall Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td colspan="2">4 Boys Hall Road. Grade II.</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Sellindge</default:td><default:td colspan="2">Railway Cottages (Talbot House). Grade II.</default:td></default:tr></default:tbody></default:table></foreign></tblock></intro><paragraph eId="schedule-7-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-7-paragraph-2-1"><num>(1)</num><intro>In the case of a listed building to which sub-paragraph (2) below applies—</intro><level class="para1" eId="schedule-7-paragraph-2-1-a"><num>(a)</num><content>section 7 of the <noteRef href="#c1252229" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Planning (Listed Buildings and Conservation Areas) Act 1990 shall not apply to any works for the alteration or extension of the building which are carried out, in exercise of the powers conferred by this Part of this Act, for the purpose of maintaining or restoring its character as a building of special architectural or historical interest,</content></level><level class="para1" eId="schedule-7-paragraph-2-1-b"><num>(b)</num><content>to the extent that a notice issued in relation to the building under section 38(1) of that Act requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Part of this Act, it shall not have effect or, as the case may be, shall cease to have effect,</content></level><level class="para1" eId="schedule-7-paragraph-2-1-c"><num>(c)</num><content>no steps may be taken in relation to the building under section 42(1) of that Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above, and</content></level><level class="para1" eId="schedule-7-paragraph-2-1-d"><num>(d)</num><content>no works may be executed for the preservation of the building under section 54 of that Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above.</content></level></subparagraph><subparagraph eId="schedule-7-paragraph-2-2"><num>(2)</num><intro>This sub-paragraph applies to a listed building if—</intro><level class="para1" eId="schedule-7-paragraph-2-2-a"><num>(a)</num><content>it was not such a building immediately before 30th September 1994, or</content></level><level class="para1" eId="schedule-7-paragraph-2-2-b"><num>(b)</num><content>it was such a building immediately before that date and is specified in the following table.</content></level></subparagraph><subparagraph eId="schedule-7-paragraph-2-3"><num>(3)</num><content>Anything which, by virtue of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990, is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.</content></subparagraph><subparagraph eId="schedule-7-paragraph-2-4"><num>(4)</num><content>In this paragraph, “<term refersTo="#term-building" eId="term-building">building</term>” and “<term refersTo="#term-listed-building" eId="term-listed-building">listed building</term>” have the same meanings as in the <noteRef href="#c1252230" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Planning (Listed Buildings and Conservation Areas) Act 1990.</content></subparagraph></paragraph></part><part eId="schedule-7-part-2"><num>The Table</num><heading> Buildings Authorised to be Extended and Altered</heading><intro><tblock class="table" ukl:Orientation="portrait"><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Area</default:th><default:th>Building</default:th></default:tr><default:tr><default:th colspan="2">GREATER LONDON</default:th></default:tr><default:tr><default:td>London Borough of Camden</default:td><default:td>Flats 21 — 30 Stanley Buildings, Clarence Passage (north side). Grade II.</default:td></default:tr><default:tr><default:td/><default:td>Lock Keepers Cottage, Camley Street. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>The Granary, York Way. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>Gas holder, Goods Way (east side). Grade II.</default:td></default:tr><default:tr><default:td>London Borough of Islington</default:td><default:td>302 — 304 Liverpool Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>1 — 4 Highbury Place. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>Church of St Jude, Mildmay Grove. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>111 Mildmay Grove. Grade II.</default:td></default:tr><default:tr><default:td>London Borough of Hackney</default:td><default:td>Lodge to west entrance of the German Hospital, Ritson Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>Main block and attached extension to the east of the German Hospital, Ritson Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>Church of <abbr title="Saint">St.</abbr> Luke, Woodbine Terrace. Grade C.</default:td></default:tr><default:tr><default:td/><default:td>Mission Hall to the north of <abbr title="Saint">St.</abbr> Mary of Eton, Eastway. Grade II.</default:td></default:tr><default:tr><default:th colspan="2">COUNTY OF ESSEX</default:th></default:tr><default:tr><default:td>Borough of Thurrock</default:td><default:td>Barn to north of High House, London Road, Purfleet. Grade II.</default:td></default:tr><default:tr><default:th colspan="2">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Gravesham, Town of Gravesend</default:td><default:td>24/25 The Hill (Coach and Horses public house) Northfleet. Grade II.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Lenham</default:td><default:td>Oxley House, Boughton Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>Old Cottage and Water Street Cottage, Lenham Heath Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>Yew Tree Cottage, Hook Street, Lenham Heath. Grade II.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Charing</default:td><default:td>Rose Cottage, Westwell Leacon. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>The Old Parsonage Farmhouse, Maidstone Road. Grade II.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Town of Ashford</default:td><default:td>Industrial building belonging to Knowles Removals and Storage, Station Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>Willesborough and District Labour Club, Bentley Road. Grade II.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Sevington</default:td><default:td>Orchard Cottage, Church Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td><abbr title="Numbers">Nos.</abbr> 1 and 2 Maytree Cottages, Church Road. Grade II.</default:td></default:tr><default:tr><default:td/><default:td>Bridge Cottage, Highfield Lane, Sevington. Grade II.</default:td></default:tr><default:tr><default:td>Borough of Ashford, Parish of Mersham</default:td><default:td>Bridge House, Church Road. Grade II.</default:td></default:tr><default:tr><default:td>District of Shepway, Parish of Sellindge</default:td><default:td>Stream Cottage and Grove Bridge Cottage, Barrow Hill. Grade II.</default:td></default:tr></default:tbody></default:table></foreign></tblock></intro><paragraph eId="schedule-7-paragraph-3" class="schProv1"><num>3</num><content>Section 59 of the <noteRef href="#c1252231" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Planning (Listed Buildings and Conservation Areas) Act 1990 (acts causing or likely to result in damage to listed buildings) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.</content></paragraph><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-7-part-2-crossheading-ancient-monuments-etc"><heading> Ancient monuments <abbr title="et cetera" xml:lang="la">etc.</abbr></heading><paragraph eId="schedule-7-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-7-paragraph-4-1"><num>(1)</num><content>This paragraph has effect in relation to the <noteRef href="#c1252232" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Ancient Monuments and Archaeological Areas Act 1979.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-2"><num>(2)</num><content>Section 2 (control of works affecting scheduled monuments) shall not apply to any works authorised by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-3"><num>(3)</num><content>The powers of entry conferred by section 6(1) (entry to ascertain condition of scheduled monument), section 6A(1) (entry to enforce control of works affecting scheduled monuments) and section 26 (entry to record matters of archaeological or historical interest) shall not be exercisable in relation to land used for or in connection with the carrying out of any of the works authorised by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-4"><num>(4)</num><content>The provisions of the Act with respect to the functions of a person as a guardian by virtue of the Act, and the provisions of any agreement under section 17 (agreement concerning ancient monuments and land in their vicinity), shall have effect subject to the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-5"><num>(5)</num><content>Section 19 (public access to monuments under public control) shall not apply in relation to a monument which is closed by the nominated undertaker for the purposes of, in connection with or in consequence of the carrying out of any of the works authorised by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-6"><num>(6)</num><content>Regulations under section 19(3) or (4A) (which may include provision prohibiting or regulating any act or thing which would tend to injure or disfigure a monument or its amenities or disturb the public in their enjoyment of it) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-7"><num>(7)</num><content>The power conferred by section 19(6) (power to refuse admission to monuments under public control) shall not be exercisable so as to prevent or restrict the exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-8"><num>(8)</num><intro>In section 25 (treatment of ancient monuments)—</intro><level class="para1" eId="schedule-7-paragraph-4-8-a"><num>(a)</num><content>subsection (2) (superintendence by the Historic Buildings and Monuments Commission for England) shall not authorise the superintendence of the carrying out of any of the works authorised by this Part of this Act, and</content></level><level class="para1" eId="schedule-7-paragraph-4-8-b"><num>(b)</num><content>subsection (3) (power of the Commission to charge for advice under subsection (1)) shall not apply in relation to advice given in connection with the carrying out of any of those works.</content></level></subparagraph><subparagraph eId="schedule-7-paragraph-4-9"><num>(9)</num><content>Section 28 (offence of damaging certain ancient monuments) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-10"><num>(10)</num><content>Section 35 (notice required of operations in areas of archaeological importance) shall not apply to operations carried out in exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-11"><num>(11)</num><content>Section 39(1) (power to investigate in advance of operations notice any site which may be acquired compulsorily) shall have effect as if operations carried out in exercise of the powers conferred by this Part of this Act with respect to works were exempt works for the purposes of that provision.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-12"><num>(12)</num><content>Section 42(1) (prohibition on use of metal detectors in protected places without consent) shall not apply to the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-4-13"><num>(13)</num><content>Section 42(3) (prohibition on removal without consent of object discovered by use of a metal detector in a protected place) shall not apply to the removal of objects discovered by the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph></paragraph><paragraph eId="schedule-7-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-7-paragraph-5-1"><num>(1)</num><content>The power of entry conferred by section 36(1) of the <noteRef href="#c1252253" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>National Heritage Act 1983 (entry to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall only be exercisable in relation to land used, or intended for use, for or in connection with the carrying out of any of the works authorised by this Part of this Act with the consent of the nominated undertaker, such consent not to be unreasonably withheld.</content></subparagraph><subparagraph eId="schedule-7-paragraph-5-2"><num>(2)</num><content>Consent for the purposes of sub-paragraph (1) above may be granted subject to compliance with any reasonable requirements or conditions imposed for reasons of safety or for the purpose of preventing interference with or delay to the works.</content></subparagraph><subparagraph eId="schedule-7-paragraph-5-3"><num>(3)</num><content>Section 36(6) of the <noteRef href="#c1252254" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>National Heritage Act 1983 (which, in relation to land on which works are being carried out, regulates the exercise of the right to enter land to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall not apply in relation to land on which works authorised by this Part of this Act are being carried out.</content></subparagraph><subparagraph eId="schedule-7-paragraph-5-4"><num>(4)</num><content>Any dispute under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by <ins class="first last" ukl:ChangeId="d29p17202" ukl:CommentaryRef="c1252255"><noteRef uk:name="commentary" href="#c1252255" class="commentary"/>the appropriate Minister</ins>.</content></subparagraph><subparagraph eId="schedule-7-paragraph-5-5"><num>(5)</num><intro>In sub-paragraph (4) above, “<term refersTo="#term-appropriate-minister" eId="term-appropriate-minister">appropriate <ins class="first last" ukl:ChangeId="d29p17214" ukl:CommentaryRef="c1252256"><noteRef uk:name="commentary" href="#c1252256" class="commentary"/>Minister</ins></term>” means—</intro><level class="para1" eId="schedule-7-paragraph-5-5-a"><num>(a)</num><content>in relation to a dispute about entry for the purpose of obtaining information about an ancient monument, <ins class="first" ukl:ChangeId="d29p17224" ukl:CommentaryRef="c1252257"><noteRef uk:name="commentary" href="#c1252257" class="commentary"/><ins class="substitution first last" ukl:ChangeId="key-2013194b5d5f0f38d5b4a5f0c7514b29-1686915720151" ukl:CommentaryRef="key-2013194b5d5f0f38d5b4a5f0c7514b29"><noteRef uk:name="commentary" href="#key-2013194b5d5f0f38d5b4a5f0c7514b29" class="commentary"/>the Secretary of State for Culture, Media and Sport</ins></ins><ins ukl:ChangeId="d29p17224" ukl:CommentaryRef="c1252257"> and </ins><ins ukl:ChangeId="d29p17224" ukl:CommentaryRef="c1252257"><ins class="first last" ukl:ChangeId="d29p17229" ukl:CommentaryRef="c1252259"><noteRef uk:name="commentary" href="#c1252259" class="commentary"/>the Secretary of State for Transports</ins></ins><ins class="last" ukl:ChangeId="d29p17224" ukl:CommentaryRef="c1252257"> acting jointly</ins>, and</content></level><level class="para1" eId="schedule-7-paragraph-5-5-b"><num>(b)</num><content>in relation to a dispute about entry for the purpose of obtaining information about an historic building, <ins class="first last" ukl:ChangeId="d29p17241" ukl:CommentaryRef="c1252260"><noteRef uk:name="commentary" href="#c1252260" class="commentary"/>the Secretary of State</ins>.</content></level></subparagraph><subparagraph eId="schedule-7-paragraph-5-6"><num>(6)</num><content>In sub-paragraph (5) above, “<term refersTo="#term-ancient-monument" eId="term-ancient-monument">ancient monument</term>” and “<term refersTo="#term-historic-building" eId="term-historic-building">historic building</term>” have the meanings given by section 33(8) of the National Heritage Act 1983.</content></subparagraph></paragraph></hcontainer></part></hcontainer><hcontainer name="schedule" eId="schedule-8"><num>SCHEDULE 8<authorialNote class="referenceNote">Section 13.</authorialNote></num><heading> Heritage: rights of entry</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-8-crossheading-historic-buildings-and-monuments-commission-for-england"><heading> Historic Buildings and Monuments Commission for England</heading><paragraph eId="schedule-8-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-8-paragraph-1-1"><num>(1)</num><intro>Any person duly authorised in writing by the Commission may at any reasonable time enter any land on which (or in or under which) a scheduled monument is situated—</intro><level class="para1" eId="schedule-8-paragraph-1-1-a"><num>(a)</num><content>for the purpose of observing or advising upon the exercise in relation to the land of any of the powers conferred by paragraph 10(1) of Schedule 2 to this Act, or</content></level><level class="para1" eId="schedule-8-paragraph-1-1-b"><num>(b)</num><content>for the purpose of inspecting, observing or advising upon the carrying out of any works on the land in exercise of any of the other powers conferred by this Part of this Act.</content></level></subparagraph><subparagraph eId="schedule-8-paragraph-1-2"><num>(2)</num><content>Any person duly authorised in writing by the Commission may at any reasonable time enter any land in Greater London for the purpose of inspecting or observing the carrying out in relation to any building on the land of any decontrolled works.</content></subparagraph><subparagraph eId="schedule-8-paragraph-1-3"><num>(3)</num><content>The right conferred by sub-paragraph (1) or (2) above shall not be exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.</content></subparagraph><subparagraph eId="schedule-8-paragraph-1-4"><num>(4)</num><content>A person exercising the right conferred by sub-paragraph (1) or (2) above shall comply with any directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.</content></subparagraph><subparagraph eId="schedule-8-paragraph-1-5"><num>(5)</num><content>In this paragraph, “<term refersTo="#term-decontrolled-works" eId="term-decontrolled-works">decontrolled works</term>” means works to which section 7 or 74 of the <noteRef href="#c1252261" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Planning (Listed Buildings and Conservation Areas) Act 1990 would apply, but for paragraph 1(1)(a), (3) or (4) or 2(1)(a) of Schedule 7 to this Act.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-8-crossheading-royal-commission-on-the-historical-monuments-of-england"><heading> Royal Commission on the Historical Monuments of England</heading><paragraph eId="schedule-8-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-8-paragraph-2-1"><num>(1)</num><intro>The nominated undertaker shall not carry out any decontrolled works consisting of the demolition of a building unless—</intro><level class="para1" eId="schedule-8-paragraph-2-1-a"><num>(a)</num><content>notice of the proposal to carry out the works has been given to the Royal Commission, and</content></level><level class="para1" eId="schedule-8-paragraph-2-1-b"><num>(b)</num><content>the appropriate period since the giving of the notice has elapsed.</content></level></subparagraph><subparagraph eId="schedule-8-paragraph-2-2"><num>(2)</num><content>Subject to sub-paragraph (3) below, the appropriate period for the purposes of sub-paragraph (1)(b) above is 8 weeks or such longer period as may have been agreed between the nominated undertaker and the Royal Commission.</content></subparagraph><subparagraph eId="schedule-8-paragraph-2-3"><num>(3)</num><content>In case of emergency, the appropriate period for the purposes of sub-paragraph (1)(b) above is such period as is reasonable in the circumstances.</content></subparagraph><subparagraph eId="schedule-8-paragraph-2-4"><num>(4)</num><content>In determining whether the appropriate period for the purposes of sub-paragraph (1)(b) above has elapsed, there shall be disregarded any day on which entry to the building is refused under paragraph 3(2) below.</content></subparagraph><subparagraph eId="schedule-8-paragraph-2-5"><num>(5)</num><content>In this paragraph, “<term refersTo="#term-decontrolled-works" eId="term-decontrolled-works">decontrolled works</term>” means works to which section 7 of the <noteRef href="#c1252262" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Planning (Listed Buildings and Conservation Areas) Act 1990 would apply, but for paragraph 1(1)(a) or (3) of Schedule 7 to this Act.</content></subparagraph></paragraph><paragraph eId="schedule-8-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-8-paragraph-3-1"><num>(1)</num><content>Following the giving of a notice under paragraph 2(1) above in relation to any building, any person duly authorised in writing by the Royal Commission may, at any reasonable time during the inspection period, enter the building for the purpose of recording it.</content></subparagraph><subparagraph eId="schedule-8-paragraph-3-2"><num>(2)</num><content>The right conferred by sub-paragraph (1) above shall not be exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.</content></subparagraph><subparagraph eId="schedule-8-paragraph-3-3"><num>(3)</num><content>A person exercising the right conferred by sub-paragraph (1) above shall comply with any directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.</content></subparagraph><subparagraph eId="schedule-8-paragraph-3-4"><num>(4)</num><content>For the purposes of sub-paragraph (1) above, the inspection period, in relation to a building which is the subject of a notice under paragraph 2(1) above, is the period beginning when the notice under that provision is given and ending when the prohibition under that provision ceases to apply to the building.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-8-crossheading-interpretation"><heading> Interpretation</heading><paragraph eId="schedule-8-paragraph-4" class="schProv1"><num>4</num><intro>In this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-the-commission" eId="term-the-commission">the Commission</term>” means the Historic Buildings and Monuments Commission for England;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-royal-commission" eId="term-the-royal-commission">the Royal Commission</term>” means the Royal Commission on the Historical Monuments of England;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-scheduled-monument" eId="term-scheduled-monument">scheduled monument</term>” has the same meaning as in the <noteRef href="#c1252263" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Ancient Monuments and Archaeological Areas Act 1979.</content></hcontainer></paragraph></hcontainer></hcontainer><hcontainer name="schedule" eId="schedule-9"><num>SCHEDULE 9<authorialNote class="referenceNote">Section 20.</authorialNote></num><heading> Application of Other Railway Legislation</heading><part eId="schedule-9-part-I"><num>Part I</num><heading> Railways Clauses Acts</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-9-part-I-crossheading-railways-clauses-consolidation-act-1845-c-20"><heading> Railways Clauses Consolidation Act 1845 (c. 20)</heading><paragraph eId="schedule-9-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-9-paragraph-1-1"><num>(1)</num><content>The Railways Clauses Consolidation Act 1845, insofar as applicable for the purposes of this Act and not inconsistent with its provisions, is hereby incorporated with this Act.</content></subparagraph><subparagraph eId="schedule-9-paragraph-1-2"><num>(2)</num><content>The following provisions are excepted from incorporation by virtue of sub-paragraph (1) above—<blockList class="unordered none" ukl:Name="UnorderedList" ukl:Decoration="none"><item>sections 1, 7 to 9, 11 to 15, 17, 19, 20, 22, 23, 42, 47, 48, 59 to 62, 74, 75, 77 to 85, 87, 88, 94, 95 and 112 to 124.</item></blockList></content></subparagraph><subparagraph eId="schedule-9-paragraph-1-3"><num>(3)</num><intro>In their application by virtue of sub-paragraph (1) above—</intro><level class="para1" eId="schedule-9-paragraph-1-3-a"><num>(a)</num><content><mod>section 2 shall have effect with the substitution for “so incorporated as aforesaid” of <quotedText>“ incorporated ”</quotedText>,</mod></content></level><level class="para1" eId="schedule-9-paragraph-1-3-b"><num>(b)</num><content>section 6 shall have effect with the omission of the words “and to take lands for that purpose”, “taken or” and “for the value of the lands so taken or used, and”,</content></level><level class="para1" eId="schedule-9-paragraph-1-3-c"><num>(c)</num><content>section 16, so far as relating to the erection and construction of new stations, shall only have effect, so far as concerns the railways comprised in the rail link or the accommodation works connected therewith, to authorise the erection and construction of stations at <abbr title="Saint">St.</abbr> Pancras in London and Ebbsfleet in Kent,</content></level><level class="para1" eId="schedule-9-paragraph-1-3-d"><num>(d)</num><content>sections 18 and 21 shall not apply in any case where the relations between the nominated undertaker and any other persons are regulated by sections 84 and 85 of the <noteRef href="#c1252266" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991 or Part II of Schedule 15 to this Act,</content></level><level class="para1" eId="schedule-9-paragraph-1-3-e"><num>(e)</num><content>section 46 shall have effect with the omission of the proviso, and</content></level><level class="para1" eId="schedule-9-paragraph-1-3-f"><num>(f)</num><content>section 68 shall have effect with the omission of the words from “Such and” to “formation thereof” and from “together with all necessary gates” to “all necessary stiles”.</content></level></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-9-part-I-crossheading-railways-clauses-act-1863-c-92"><heading> Railways Clauses Act 1863 (c. 92)</heading><paragraph eId="schedule-9-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-9-paragraph-2-1"><num>(1)</num><content>Part I of the Railways Clauses Act 1863, insofar as applicable for the purposes of this Act and not inconsistent with its provisions, is hereby incorporated with this Act.</content></subparagraph><subparagraph eId="schedule-9-paragraph-2-2"><num>(2)</num><content>The following provisions are excepted from incorporation by virtue of sub-paragraph (1) above—<blockList class="unordered none" ukl:Name="UnorderedList" ukl:Decoration="none"><item>sections 5 to 7 and 13 to 19.</item></blockList></content></subparagraph></paragraph></hcontainer></part><part eId="schedule-9-part-II"><num>Part II</num><heading> Other Legislation</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-9-part-II-crossheading-highway-railway-crossings-act-1839-c-45"><heading> Highway (Railway Crossings) Act 1839 (c. 45)</heading><paragraph eId="schedule-9-paragraph-3" class="schProv1"><num>3</num><content>The Highway (Railway Crossings) Act 1839 shall not apply to a railway authorised by this Act.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-9-part-II-crossheading-railway-regulation-act-1842-c-55"><heading> Railway Regulation Act 1842 (c. 55)</heading><paragraph eId="schedule-9-paragraph-4" class="schProv1"><num>4</num><content>Section 9 of the Railway Regulation Act 1842 shall not apply to a railway authorised by this Act.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-9-part-II-crossheading-regulation-of-railways-act-1871-c-78"><heading> Regulation of Railways Act 1871 (c. 78)</heading><paragraph eId="schedule-9-paragraph-5" class="schProv1"><num>5</num><content>In section 2 of the Regulation of Railways Act 1871, in the definition of the term “<term refersTo="#term-railway" eId="term-railway">railway</term>”, the reference to any special Act of Parliament shall be construed as including this Act.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-9-part-II-crossheading-railway-companies-accounts-and-returns-act-1911-c-34"><heading> Railway Companies (Accounts and Returns) Act 1911 (c. 34)</heading><paragraph eId="schedule-9-paragraph-6" class="schProv1"><num><noteRef href="#key-816131f5b6828bc361cf140ab3ea4dfc" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>6</num><content>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-9-part-II-crossheading-british-transport-commission-act-1949-c-xxix"><heading> British Transport Commission Act 1949 (c. xxix)</heading><paragraph eId="schedule-9-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-9-paragraph-7-1"><num>(1)</num><content>This paragraph has effect in relation to the British Transport Commission Act 1949.</content></subparagraph><subparagraph eId="schedule-9-paragraph-7-2"><num>(2)</num><content>Section 55 (penalty for trespass on railways <abbr title="et cetera" xml:lang="la">etc.</abbr>) shall apply in relation to any railway, siding, tunnel, railway embankment, cutting or similar work comprised in the rail link as it applies in relation to any railway, siding, tunnel, railway embankment, cutting or similar work belonging to the <ins class="first last" ukl:ChangeId="d29p17637" ukl:CommentaryRef="c1252268"><noteRef uk:name="commentary" href="#c1252268" class="commentary"/>a successor of the British Railways Board</ins>.</content></subparagraph><subparagraph eId="schedule-9-paragraph-7-3"><num>(3)</num><content>Section 56 (penalty for stone throwing <abbr title="et cetera" xml:lang="la">etc.</abbr> on railways) shall apply in relation to any railway or siding comprised in the rail link as it applies in relation to any railway or siding belonging to the <ins class="first last" ukl:ChangeId="d29p17647" ukl:CommentaryRef="c1252268"><noteRef uk:name="commentary" href="#c1252268" class="commentary"/>a successor of the British Railways Board</ins></content></subparagraph><subparagraph eId="schedule-9-paragraph-7-4"><num><ins class="first" ukl:ChangeId="d29p17650" ukl:CommentaryRef="c1252270"><noteRef uk:name="commentary" href="#c1252270" class="commentary"/>(4)</ins></num><content><ins ukl:ChangeId="d29p17650" ukl:CommentaryRef="c1252270">In this paragraph “</ins><term refersTo="#term-successor-of-the-british-railways-board" eId="term-successor-of-the-british-railways-board"><ins ukl:ChangeId="d29p17650" ukl:CommentaryRef="c1252270">successor of the British Railways Board</ins></term><ins ukl:ChangeId="d29p17650" ukl:CommentaryRef="c1252270">” has the same meaning as in the </ins><noteRef href="#c1252271" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/><ins class="last" ukl:ChangeId="d29p17650" ukl:CommentaryRef="c1252270">Railways Act 1993 (Consequential Modifications) (No.2) Order 1999.</ins></content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-9-part-II-crossheading-miscellaneous"><heading> Miscellaneous</heading><paragraph eId="schedule-9-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-9-paragraph-8-1"><num>(1)</num><intro>In their application to—</intro><level class="para1" eId="schedule-9-paragraph-8-1-a"><num>(a)</num><content>a rail link undertaker,</content></level><level class="para1" eId="schedule-9-paragraph-8-1-b"><num>(b)</num><content>the rail link, or</content></level><level class="para1" eId="schedule-9-paragraph-8-1-c"><num>(c)</num><content>any train of a rail link undertaker being used to provide services for the carriage of passengers or goods involving travel through the Channel Tunnel,</content></level><wrapUp>the enactments specified in column (1) of the following table (which create the offences broadly described in column (2) of the table) shall each have effect as if the maximum fine which may be imposed on summary conviction of any offence specified in the enactment were, instead of that specified in column (3) of the table, a fine not exceeding the level specified in column (4) of the table.<tblock class="table" ukl:Orientation="portrait"><heading> The Table</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th><default:th>(3)</default:th><default:th>(4)</default:th></default:tr><default:tr><default:th>Enactment</default:th><default:th>Description of offence</default:th><default:th>Maximum otherwise applicable (level on standard scale)</default:th><default:th>Maximum fine (level on standard scale)</default:th></default:tr><default:tr><default:td>Section 16 of the <noteRef href="#c1252272" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railway Regulation Act 1840.</default:td><default:td>Obstruction of officers of railway company or trespass upon railway.</default:td><default:td>Level 1</default:td><default:td>Level 3</default:td></default:tr><default:tr><default:td>Section 17 of the <noteRef href="#c1252273" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railway Regulation Act 1842.</default:td><default:td>Misconduct of persons employed on railways.</default:td><default:td>Level 1</default:td><default:td>Level 3</default:td></default:tr><default:tr><default:td>Section 22 of the <noteRef href="#c1252274" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Regulation of Railways Act 1868.</default:td><default:td>Provision and improper use of means of communication.</default:td><default:td>Level 1</default:td><default:td>Level 2</default:td></default:tr><default:tr><default:td colspan="4">The <noteRef href="#c1252275" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Regulation of Railways Act 1889—</default:td></default:tr><default:tr><default:td>section 5(1).</default:td><default:td>Failure to produce ticket, to pay fare or to give name and address.</default:td><default:td>Level 1</default:td><default:td>Level 2</default:td></default:tr><default:tr><default:td>section 5(3).</default:td><default:td>Travel with intent to avoid payment of fare.</default:td><default:td>Level 2</default:td><default:td>Level 3</default:td></default:tr></default:tbody></default:table></foreign></tblock></wrapUp></subparagraph><subparagraph eId="schedule-9-paragraph-8-2"><num>(2)</num><intro>In such application—</intro><level class="para1" eId="schedule-9-paragraph-8-2-a"><num>(a)</num><content>section 16 of the <noteRef href="#c1252276" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railway Regulation Act 1840 shall have effect as if the court had, as an alternative to imposing a fine, the power to award imprisonment for a period not exceeding one month; and</content></level><level class="para1" eId="schedule-9-paragraph-8-2-b"><num>(b)</num><content>section 17 of the <noteRef href="#c1252277" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Railway Regulation Act 1842 shall have effect as if, instead of the power to award imprisonment for a period not exceeding two months, the court had power to award imprisonment for a period not exceeding three months; and</content></level><level class="para1" eId="schedule-9-paragraph-8-2-c"><num>(c)</num><content>section 5(2) of the <noteRef href="#c1252278" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Regulation of Railways Act 1889 (power to arrest passenger who fails to produce ticket and refuses to give his name and address) shall have effect as if after the word “refuses” there were inserted the words “or fails”.</content></level></subparagraph></paragraph></hcontainer></part></hcontainer><hcontainer name="schedule" eId="schedule-10"><num>SCHEDULE 10<authorialNote class="referenceNote">Section 38.</authorialNote></num><heading> Disapplication and Modification of Miscellaneous Controls</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-ecclesiastical-law"><heading> Ecclesiastical law</heading><paragraph eId="schedule-10-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-10-paragraph-1-1"><num>(1)</num><content>No obligation or restriction imposed under ecclesiastical law or otherwise in relation to consecrated land shall have effect to prohibit, restrict or impose any condition on the exercise of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-10-paragraph-1-2"><num>(2)</num><content>Sub-paragraph (1) above shall not apply in relation to the use of land comprised in a burial ground for the purpose of constructing any of the works authorised by this Part of this Act.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-overground-wires"><heading> Overground wires</heading><paragraph eId="schedule-10-paragraph-2" class="schProv1"><num>2</num><content>Nothing in the <noteRef href="#c1252280" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>London Overground Wires &c. Act 1933, or in any byelaw made under that Act, shall extend or apply to any wire or part of a wire erected or placed, proposed to be erected or placed, or for the time being maintained, by the nominated undertaker in exercise of the powers conferred by this Part of this Act.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-london-building-acts-amendment-act-1939"><heading> London Building Acts (Amendment) Act 1939</heading><paragraph eId="schedule-10-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-10-paragraph-3-1"><num>(1)</num><content>This paragraph has effect in relation to the <noteRef href="#c1252281" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>London Building Acts (Amendment) Act 1939.</content></subparagraph><subparagraph eId="schedule-10-paragraph-3-2"><num>(2)</num><intro>The following provisions, namely—</intro><level class="para1" eId="schedule-10-paragraph-3-2-a"><num>(a)</num><content>Part III (construction of buildings and structures generally),</content></level><level class="para1" eId="schedule-10-paragraph-3-2-b"><num>(b)</num><content>Part IV (construction of special and temporary buildings and structures), and</content></level><level class="para1" eId="schedule-10-paragraph-3-2-c"><num>(c)</num><content>Part V (means of escape in case of fire),</content></level><wrapUp>shall not apply to anything held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act.</wrapUp></subparagraph><subparagraph eId="schedule-10-paragraph-3-3"><num>(3)</num><content>Sub-paragraph (2) above shall not apply in relation to a building which is a house or a hotel or which is used as offices or showrooms and does not form part of a railway station.</content></subparagraph><subparagraph eId="schedule-10-paragraph-3-4"><num>(4)</num><content>No notice under section 45(1)(a) or (b) (notice before building at junction with adjoining land) shall be required before the building of any wall in exercise of the powers conferred by this Part of this Act.</content></subparagraph><subparagraph eId="schedule-10-paragraph-3-5"><num>(5)</num><intro>Sections 45(1)(c) and 46 (rights of adjoining owners) shall not have effect to confer rights in relation to—</intro><level class="para1" eId="schedule-10-paragraph-3-5-a"><num>(a)</num><content>anything held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act, or</content></level><level class="para1" eId="schedule-10-paragraph-3-5-b"><num>(b)</num><content>land on which there is any such thing.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-3-6"><num>(6)</num><content>Section 50 (underpinning of adjoining buildings) shall not apply in relation to a proposal to erect anything in exercise of the powers conferred by this Part of this Act.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-coast-works"><heading> Coast works</heading><paragraph eId="schedule-10-paragraph-4" class="schProv1"><num>4</num><intro>The following provisions of the <noteRef href="#c1252282" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Coast Protection Act 1949, namely—</intro><level class="para1" eId="schedule-10-paragraph-4-a"><num>(a)</num><content>section 16(1) (consent of coast protection authority required for carrying out coast protection work),</content></level><level class="para1" eId="schedule-10-paragraph-4-b"><num>(b)</num><content>section 18(1) (prohibition of excavation or removal of materials from seashore), and</content></level><level class="para1" eId="schedule-10-paragraph-4-c"><num>(c)</num><content>section 34(1) (consent of Secretary of State required for works detrimental to navigation),</content></level><wrapUp>shall not apply in relation to anything done within the limits of deviation for the scheduled works in exercise of the powers conferred by this Part of this Act in relation to those works, or any work in connection with them.</wrapUp></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-highways-etc"><heading> Highways <abbr title="et cetera" xml:lang="la">etc.</abbr></heading><paragraph eId="schedule-10-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-10-paragraph-5-1"><num>(1)</num><intro>The following enactments, namely—</intro><level class="para1" eId="schedule-10-paragraph-5-1-a"><num>(a)</num><content>section 15(1) of the <noteRef href="#c1252284" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Greater London Council (General Powers) Act 1970, and</content></level><level class="para1" eId="schedule-10-paragraph-5-1-b"><num>(b)</num><content>section 169(1) of the <noteRef href="#c1252285" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Highways Act 1980,</content></level><wrapUp>(which control obstructions of the highway in connection with works related to buildings) shall not apply to anything erected, placed or retained in, upon or over a highway for the purposes of or in connection with the exercise of any of the powers conferred by this Part of this Act with respect to works.</wrapUp></subparagraph><subparagraph eId="schedule-10-paragraph-5-2"><num>(2)</num><content>Section 141 of the Highways Act 1980 (restriction on planting trees or shrubs in or near carriageway) shall not apply to any tree or shrub planted for the purposes of or in connection with the exercise of any of the powers conferred by this Part of this Act with respect to works.</content></subparagraph><subparagraph eId="schedule-10-paragraph-5-3"><num>(3)</num><content>Section 167 of the Highways Act 1980 (powers relating to retaining walls near streets) shall not apply to any length of a retaining wall erected on land held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act.</content></subparagraph><subparagraph eId="schedule-10-paragraph-5-4"><num>(4)</num><content>Nothing in section 8(2) to (5) of the <noteRef href="#c1252286" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Greater London Council (General Powers) Act 1986 (powers of borough councils in relation to retaining walls supporting the carriageway or footway of certain highways) shall apply with respect to any retaining wall erected in exercise of the powers conferred by this Part of this Act.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-areas-of-special-scientific-interest"><heading><ins class="first" ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287"><noteRef uk:name="commentary" href="#c1252287" class="commentary"/> Sites of special scientific interest</ins></heading><paragraph eId="schedule-10-paragraph-6" class="schProv1"><num><noteRef href="#c1252289" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">6</ins></num><intro><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">Section 28I of the </ins><noteRef href="#c1252290" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">Wildlife and Countryside Act 1981 (statutory undertakers: duty in relation to authorising operations) shall not apply to any operation carried out for the purposes of or in connection with the exercise of any of the powers conferred by this Part of this Act with respect to works, and neither shall the following—</ins></intro><level class="para1" eId="schedule-10-paragraph-6-a"><num><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">(a)</ins></num><content><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">section 28E(1) (prohibition of operations on land forming part of a site of special scientific interest), in relation to an owner or occupier other than an authority to which section 28G of that Act applies;</ins></content></level><level class="para1" eId="schedule-10-paragraph-6-b"><num><ins ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">(b)</ins></num><content><ins class="last" ukl:ChangeId="d29p18022" ukl:CommentaryRef="c1252287">sections 28G(2) (general duty of statutory undertakers) and 28H (duty of statutory undertakers when carrying out operations), in relation to such an authority.</ins></content></level></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-building-regulations"><heading> Building regulations</heading><paragraph eId="schedule-10-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-10-paragraph-7-1"><num>(1)</num><content>Nothing in Part I of the <noteRef href="#c1252292" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Building Act 1984 with respect to building regulations, and nothing in any building regulations, shall apply in relation to a building held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act.</content></subparagraph><subparagraph eId="schedule-10-paragraph-7-2"><num>(2)</num><content>Sub-paragraph (1) above shall not apply in relation to a building which is a house or a hotel or which is used as offices or showrooms and does not form part of a railway station.</content></subparagraph><subparagraph eId="schedule-10-paragraph-7-3"><num>(3)</num><content>Any building to which sub-paragraph (2) above applies shall be disregarded for the purposes of section 4(1)(b) of the Building Act 1984 (exception for certain buildings belonging to statutory undertakers).</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-deposits-in-the-sea"><heading> Deposits in the sea</heading><paragraph eId="schedule-10-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-10-paragraph-8-1"><num>(1)</num><content>Section 5 of the <noteRef href="#c1252293" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Food and Environment Protection Act 1985 (requirement of licences for deposit of substances and articles in the sea <abbr title="et cetera" xml:lang="la">etc.</abbr>) shall not apply to the deposit of substances and articles within the limits of deviation for Work <abbr title="Number">No.</abbr> 10, 10R(2), 13 or 22J in exercise of the powers conferred by this Part of this Act in relation to that work, or any work in connection with it.</content></subparagraph><subparagraph eId="schedule-10-paragraph-8-2"><num>(2)</num><content>In the case of substances and articles which have been excavated or dredged, sub-paragraph (1) above shall only apply to deposit in the course of use as a construction material.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-london-lorries-general"><heading> London lorries: general</heading><paragraph eId="schedule-10-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-10-paragraph-9-1"><num>(1)</num><content>This paragraph applies where an application for the issue of a permit under the London Lorry Ban Order is made under paragraph 10 below or is otherwise expressed to be made in connection with the carrying out of authorised works.</content></subparagraph><subparagraph eId="schedule-10-paragraph-9-2"><num>(2)</num><intro>The application shall be granted if the issue of a permit is reasonably required—</intro><level class="para1" eId="schedule-10-paragraph-9-2-a"><num>(a)</num><content>for the purpose of enabling authorised works to be carried out in a timely and efficient manner, or</content></level><level class="para1" eId="schedule-10-paragraph-9-2-b"><num>(b)</num><content>for the purpose of enabling authorised works to be carried out in accordance with approved arrangements.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-9-3"><num>(3)</num><intro>If the application is granted, no condition may be imposed which is likely to obstruct the carrying out of authorised works—</intro><level class="para1" eId="schedule-10-paragraph-9-3-a"><num>(a)</num><content>in a timely and efficient manner, or</content></level><level class="para1" eId="schedule-10-paragraph-9-3-b"><num>(b)</num><content>in accordance with approved arrangements.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-9-4"><num>(4)</num><content>If the applicant is aggrieved by a decision under sub-paragraph (2) or (3) above, he may appeal to the Secretary of State by giving notice in writing of the appeal to him and the authority whose decision is appealed against within 28 days of notification of the decision.</content></subparagraph><subparagraph eId="schedule-10-paragraph-9-5"><num>(5)</num><content>On an appeal under sub-paragraph (4) above, the Secretary of State may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against.</content></subparagraph><subparagraph eId="schedule-10-paragraph-9-6"><num>(6)</num><content>If on an appeal under sub-paragraph (4) above against a decision under sub-paragraph (3) above the Secretary of State varies the decision, the variation shall have effect from and including the date on which the appeal was constituted or such later date as the Secretary of State may specify.</content></subparagraph><subparagraph eId="schedule-10-paragraph-9-7"><num>(7)</num><content>The applicant may not challenge a decision under sub-paragraph (3) above otherwise than by an appeal under sub-paragraph (4) above.</content></subparagraph><subparagraph eId="schedule-10-paragraph-9-8"><num>(8)</num><intro>In this paragraph—</intro><hcontainer name="definition"><intro>“<term refersTo="#term-approved-arrangements" eId="term-approved-arrangements">approved arrangements</term>” means arrangements approved for the purposes of any of the following provisions of Schedule 6 to this Act—</intro><level class="para1"><num>(a)</num><content>paragraph 7, so far as relating to item 1 or 6 in the table in that paragraph,</content></level><level class="para1"><num>(b)</num><content>paragraph 16, so far as relating to item 5 in the table in that paragraph,</content></level><level class="para1"><num>(c)</num><content>paragraph 23, so far as relating to item 5 in the table in that paragraph, and</content></level><level class="para1"><num>(d)</num><content>paragraph 25;</content></level></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-authorised-works" eId="term-authorised-works">authorised works</term>” means works authorised by this Part of this Act; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-london-lorry-ban-order" eId="term-the-london-lorry-ban-order">the London Lorry Ban Order</term>” means the Greater London (Restriction of Goods Vehicles) Traffic Order 1985.</content></hcontainer></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-london-lorries-emergency-permits"><heading> London lorries: emergency permits</heading><paragraph eId="schedule-10-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-10-paragraph-10-1"><num>(1)</num><intro>This paragraph applies where a person proposes to undertake a journey before the end of the next complete eight working days, being a journey—</intro><level class="para1" eId="schedule-10-paragraph-10-1-a"><num>(a)</num><content>proposed to be undertaken in connection with the carrying out of authorised works, and</content></level><level class="para1" eId="schedule-10-paragraph-10-1-b"><num>(b)</num><content>for which a permit under the London Lorry Ban Order will be required.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-10-2"><num>(2)</num><content>The person may apply for a permit under the Order for the journey by giving the details mentioned in sub-paragraph (3) below to the authority concerned by telephone or by means of facsimile transmission.</content></subparagraph><subparagraph eId="schedule-10-paragraph-10-3"><num>(3)</num><intro>The details referred to above are—</intro><level class="para1" eId="schedule-10-paragraph-10-3-a"><num>(a)</num><content>the identity of the applicant,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-b"><num>(b)</num><content>a number on which he can be contacted by telephone or by means of facsimile transmission,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-c"><num>(c)</num><content>the registration number of the vehicle to which the application relates,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-d"><num>(d)</num><content>the authorised works in connection with which the journey is to be undertaken,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-e"><num>(e)</num><content>whether any approved arrangements are relevant to the application, and, if so, what they are,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-f"><num>(f)</num><content>the date when the journey is proposed to be undertaken,</content></level><level class="para1" eId="schedule-10-paragraph-10-3-g"><num>(g)</num><content>if it is proposed to stop anywhere in Greater London for the purpose of making a delivery or collection, the place or places at which, and the time or times when, it is proposed to stop for that purpose.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-10-4"><num>(4)</num><intro>In this paragraph—</intro><hcontainer name="definition"><content>“<term refersTo="#term-approved-arrangements" eId="term-approved-arrangements">approved arrangements</term>”, “<term refersTo="#term-authorised-works" eId="term-authorised-works">authorised works</term>” and “<term refersTo="#term-the-london-lorry-ban-order" eId="term-the-london-lorry-ban-order">the London Lorry Ban Order</term>” have the same meanings as in paragraph 9 above; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-working-day" eId="term-working-day">working day</term>” means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the <noteRef href="#c1252294" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Banking and Financial Dealings Act 1971.</content></hcontainer></subparagraph></paragraph><paragraph eId="schedule-10-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-10-paragraph-11-1"><num>(1)</num><content>An authority responsible for dealing with applications for permits under the London Lorry Ban Order shall make arrangements enabling applications under paragraph 10 above to be made at any time.</content></subparagraph><subparagraph eId="schedule-10-paragraph-11-2"><num>(2)</num><content>Once an application for a permit has been made under paragraph 10 above, then, for the purpose of any relevant journey, the application shall be treated as granted subject to such conditions as the Secretary of State may by order specify for the purposes of this provision.</content></subparagraph><subparagraph eId="schedule-10-paragraph-11-3"><num>(3)</num><content>A journey is a relevant journey for the purposes of sub-paragraph (2) above if it is begun before the authority to which the application is made has communicated its decision on the application to the applicant by telephone or by means of facsimile transmission.</content></subparagraph><subparagraph eId="schedule-10-paragraph-11-4"><num>(4)</num><content><mod>If an application under paragraph 10 above has been granted, or is treated as granted, then, while the vehicle concerned is undertaking a journey covered by the application, paragraph 4 of the London Lorry Ban Order and of the Westminster Lorry Ban Order shall have effect in relation to it with the substitution for paragraph (a) of—<quotedStructure startQuote="“" endQuote="”" uk:context="unknown" uk:docName="unknown" ukl:TargetClass="unknown" ukl:TargetSubClass="unknown" ukl:Context="unknown" ukl:Format="default"><level class="para1"><num>(a)</num><content>in relation to any goods vehicle being driven by any person in a restricted street during the prescribed hours in respect of which an application under paragraph 10 of Schedule 10 to the Channel Tunnel Rail Link Act 1996 has been granted, or is treated as granted, provided that any conditions subject to which the application is granted, or treated as granted, are complied with; or</content></level></quotedStructure><inline name="appendText">.</inline></mod></content></subparagraph><subparagraph eId="schedule-10-paragraph-11-5"><num>(5)</num><intro>The power to make an order under sub-paragraph (2) above includes—</intro><level class="para1" eId="schedule-10-paragraph-11-5-a"><num>(a)</num><content>power to make different provision for different cases, and</content></level><level class="para1" eId="schedule-10-paragraph-11-5-b"><num>(b)</num><content>power to make an order varying or revoking any order previously made under that provision.</content></level></subparagraph><subparagraph eId="schedule-10-paragraph-11-6"><num>(6)</num><intro>In this paragraph—</intro><hcontainer name="definition"><content>“<term refersTo="#term-the-london-lorry-ban-order" eId="term-the-london-lorry-ban-order">the London Lorry Ban Order</term>” has the same meaning as in paragraph 9 above; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-westminster-lorry-ban-order" eId="term-the-westminster-lorry-ban-order">the Westminster Lorry Ban Order</term>” means the City of Westminster (Restriction of Goods Vehicles) Traffic Order 1992.</content></hcontainer></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-works-under-streets-in-greater-london"><heading> Works under streets in Greater London</heading><paragraph eId="schedule-10-paragraph-12" class="schProv1"><num>12</num><intro>The following provisions of the <noteRef href="#c1252295" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Greater London Council (General Powers) Act 1986, namely—</intro><level class="para1" eId="schedule-10-paragraph-12-a"><num>(a)</num><content>section 5(1) (consent of borough council required for demolition of works under a street),</content></level><level class="para1" eId="schedule-10-paragraph-12-b"><num>(b)</num><content>section 6(1) (consent of borough council required for works preventing access to premises under a street), and</content></level><level class="para1" eId="schedule-10-paragraph-12-c"><num>(c)</num><content>section 7(1) (consent of borough council required for infilling in premises under a street),</content></level><wrapUp>shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.</wrapUp></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-10-crossheading-communication-with-public-sewers-in-london"><heading> Communication with public sewers in London</heading><paragraph eId="schedule-10-paragraph-13" class="schProv1"><num>13</num><content>Section 106(8) of the <noteRef href="#c1252296" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Industry Act 1991 (which qualifies the general right to communicate with the public sewers of a sewerage undertaker) shall not apply where the proposed communication involves a drain or sewer serving the rail link.</content></paragraph></hcontainer></hcontainer><hcontainer name="schedule" eId="schedule-11"><num>SCHEDULE 11<authorialNote class="referenceNote">Section 39.</authorialNote></num><heading> Burial Grounds: Removal of Human Remains and Monuments</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-11-crossheading-notice-of-removal"><heading> Notice of removal</heading><paragraph eId="schedule-11-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-11-paragraph-1-1"><num>(1)</num><intro>Before removing from the land in question any remains or any monument to the deceased, the nominated undertaker shall—</intro><level class="para1" eId="schedule-11-paragraph-1-1-a"><num>(a)</num><content>publish in each of two successive weeks in a newspaper circulating in the area where the land is situated, and</content></level><level class="para1" eId="schedule-11-paragraph-1-1-b"><num>(b)</num><content>at the same time leave displayed in a conspicuous place on or near the land,</content></level><wrapUp>a notice complying with sub-paragraph (2) below.</wrapUp></subparagraph><subparagraph eId="schedule-11-paragraph-1-2"><num>(2)</num><intro>A notice under sub-paragraph (1) above shall—</intro><level class="para1" eId="schedule-11-paragraph-1-2-a"><num>(a)</num><content>identify the land to which it relates,</content></level><level class="para1" eId="schedule-11-paragraph-1-2-b"><num>(b)</num><content>set out in general terms the effect of paragraphs 2 to 5 below,</content></level><level class="para1" eId="schedule-11-paragraph-1-2-c"><num>(c)</num><content>state where, and in what form, an application under paragraph 2(1) below may be made, and</content></level><level class="para1" eId="schedule-11-paragraph-1-2-d"><num>(d)</num><content>state how the nominated undertaker proposes to carry out its functions under this Schedule with respect to the disposal of the remains or monument.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-1-3"><num>(3)</num><intro>No notice shall be required under sub-paragraph (1) above before the removal of any remains or any monument to the deceased where the Secretary of State notifies the nominated undertaker that he is satisfied—</intro><level class="para1" eId="schedule-11-paragraph-1-3-a"><num>(a)</num><content>that the remains were interred more than 100 years ago, and</content></level><level class="para1" eId="schedule-11-paragraph-1-3-b"><num>(b)</num><content>that no relative or personal representative of the deceased is likely to object to the remains or monument being removed in accordance with this Schedule.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-1-4"><num>(4)</num><intro>No notice shall be required under sub-paragraph (1) above before the removal of any remains or any monument to the deceased if—</intro><level class="para1" eId="schedule-11-paragraph-1-4-a"><num>(a)</num><content>there is in force under section 25 of the <noteRef href="#c1252298" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Burial Act 1857 (bodies not to be removed from burial grounds without licence of the Secretary of State) a licence relating to the remains, and</content></level><level class="para1" eId="schedule-11-paragraph-1-4-b"><num>(b)</num><content>the holder of the licence is the nominated undertaker or a body corporate which is a member of the same group as the nominated undertaker.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-1-5"><num>(5)</num><content>In sub-paragraph (4)(b) above, “<term refersTo="#term-group" eId="term-group">group</term>” means a body corporate and all other bodies corporate which are its subsidiaries within the meaning of the <noteRef href="#c1252299" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Companies Act 1985.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-11-crossheading-removal-of-remains"><heading> Removal of remains</heading><paragraph eId="schedule-11-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-11-paragraph-2-1"><num>(1)</num><intro>In the case of remains in relation to which paragraph 1(1) above applies, the nominated undertaker shall issue a licence for the removal of the remains if—</intro><level class="para1" eId="schedule-11-paragraph-2-1-a"><num>(a)</num><content>it receives an application in writing from a relative or personal representative of the deceased, and</content></level><level class="para1" eId="schedule-11-paragraph-2-1-b"><num>(b)</num><content>the application is received before the end of 56 days after the day on which notice relating to the remains is first published under paragraph (a) of that provision.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-2-2"><num>(2)</num><intro>In the case of remains in relation to which paragraph 1(3) above applies, the nominated undertaker shall issue a licence for the removal of the remains if—</intro><level class="para1" eId="schedule-11-paragraph-2-2-a"><num>(a)</num><content>it receives an application in writing from a relative or personal representative of the deceased, and</content></level><level class="para1" eId="schedule-11-paragraph-2-2-b"><num>(b)</num><content>the application is received before the nominated undertaker has removed the remains under paragraph 3(1) below.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-2-3"><num>(3)</num><content>For the purposes of sub-paragraphs (1) and (2) above, a person shall be taken to be a relative or personal representative of the deceased if the nominated undertaker is satisfied that he is or the county court has declared that he is.</content></subparagraph><subparagraph eId="schedule-11-paragraph-2-4"><num>(4)</num><content>A licensee under this paragraph may remove the remains to which the licence relates and reinter them elsewhere or cremate them.</content></subparagraph><subparagraph eId="schedule-11-paragraph-2-5"><num>(5)</num><content>The reasonable costs of removal and reinterment or cremation under this paragraph shall be paid by the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-11-paragraph-2-6"><num>(6)</num><content>An application for a declaration for the purposes of sub-paragraph (3) above shall be made to the county court for the district in which the remains are interred.</content></subparagraph><subparagraph eId="schedule-11-paragraph-2-7"><num>(7)</num><intro>In this paragraph, references to a relative of the deceased are to a person who—</intro><level class="para1" eId="schedule-11-paragraph-2-7-a"><num>(a)</num><content>is a husband, wife, parent, grandparent, child or grandchild of the deceased, or</content></level><level class="para1" eId="schedule-11-paragraph-2-7-b"><num>(b)</num><content>is, or is a child of, a brother, sister, uncle or aunt of the deceased.</content></level></subparagraph></paragraph><paragraph eId="schedule-11-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-11-paragraph-3-1"><num>(1)</num><intro>In the case of remains in relation to which paragraph 1(1) or (3) above applies, the nominated undertaker may remove the remains unless—</intro><level class="para1" eId="schedule-11-paragraph-3-1-a"><num>(a)</num><content>it is required under paragraph 2(1) or (2) above to issue a licence for their removal, or</content></level><level class="para1" eId="schedule-11-paragraph-3-1-b"><num>(b)</num><content>not more than 28 days have passed since the issue under that provision of such a licence.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-3-2"><num>(2)</num><content>In the case of remains in relation to which paragraph 1(4) above applies, the nominated undertaker may remove the remains and, if it does so, shall be treated for the purposes of this Act as acting under this paragraph and not under the licence under the <noteRef href="#c1252300" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Burial Act 1857.</content></subparagraph><subparagraph eId="schedule-11-paragraph-3-3"><num>(3)</num><content>The nominated undertaker shall reinter any remains removed under this paragraph in a burial ground or cremate them in a crematorium.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-11-crossheading-removal-of-monuments"><heading> Removal of monuments</heading><paragraph eId="schedule-11-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-11-paragraph-4-1"><num>(1)</num><content>Where a licence to remove any remains is issued under paragraph 2(1) or (2) above, the licensee may remove from the land any monument to the deceased and re-erect it elsewhere or otherwise dispose of it.</content></subparagraph><subparagraph eId="schedule-11-paragraph-4-2"><num>(2)</num><content>The reasonable costs of removal and re-erection under sub-paragraph (1) above shall be paid by the nominated undertaker.</content></subparagraph></paragraph><paragraph eId="schedule-11-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-11-paragraph-5-1"><num>(1)</num><content>Where the nominated undertaker removes any remains under paragraph 3 above, it may also remove from the land any monument to the deceased.</content></subparagraph><subparagraph eId="schedule-11-paragraph-5-2"><num>(2)</num><content>Where any remains are removed under a licence under paragraph 2(1) or (2) above, the nominated undertaker may remove from the land any monument to the deceased which is not removed by the licensee within 28 days of the issue of the licence.</content></subparagraph><subparagraph eId="schedule-11-paragraph-5-3"><num>(3)</num><content>Where any remains are removed under a licence under section 25 of the Burial Act 1857, the nominated undertaker may remove from the land any monument to the deceased which is not removed by the licensee.</content></subparagraph><subparagraph eId="schedule-11-paragraph-5-4"><num>(4)</num><content>The nominated undertaker may remove any monument removed under this paragraph to the place, if any, where the remains of the deceased are interred or to some other appropriate place.</content></subparagraph><subparagraph eId="schedule-11-paragraph-5-5"><num>(5)</num><content>The nominated undertaker shall break and deface any monument removed under this paragraph which is not dealt with under sub-paragraph (4) above.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-11-crossheading-records"><heading> Records</heading><paragraph eId="schedule-11-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-11-paragraph-6-1"><num>(1)</num><intro>Where any remains are removed under this Schedule, the nominated undertaker shall, within two months of the removal, provide the Registrar General with a certificate which—</intro><level class="para1" eId="schedule-11-paragraph-6-1-a"><num>(a)</num><content>identifies the remains, so far as practicable,</content></level><level class="para1" eId="schedule-11-paragraph-6-1-b"><num>(b)</num><content>states the date on which, and the place from which, the remains were removed, and</content></level><level class="para1" eId="schedule-11-paragraph-6-1-c"><num>(c)</num><content>states the date and place of reinterment or cremation.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-6-2"><num>(2)</num><intro>Where any monument is removed under this Schedule, the nominated undertaker shall, within two months of the removal—</intro><level class="para1" eId="schedule-11-paragraph-6-2-a"><num>(a)</num><intro>deposit with the local authority in whose area the monument was situated prior to the removal a record which—</intro><level class="para2" eId="schedule-11-paragraph-6-2-a-i"><num>(i)</num><content>identifies the monument,</content></level><level class="para2" eId="schedule-11-paragraph-6-2-a-ii"><num>(ii)</num><content>gives any inscription on it,</content></level><level class="para2" eId="schedule-11-paragraph-6-2-a-iii"><num>(iii)</num><content>states the date on which and the place from which it was removed, and</content></level><level class="para2" eId="schedule-11-paragraph-6-2-a-iv"><num>(iv)</num><content>states the place, if any, to which it was moved or how it was disposed of,</content></level><wrapUp>and</wrapUp></level><level class="para1" eId="schedule-11-paragraph-6-2-b"><num>(b)</num><content>provide the Registrar General with a copy of the record deposited under paragraph (a) above.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-6-3"><num>(3)</num><content>The nominated undertaker may require any person who removes remains or a monument under this Schedule to provide it with any information about the remains or monument removed which it needs to comply with sub-paragraph (1) or (2) above.</content></subparagraph><subparagraph eId="schedule-11-paragraph-6-4"><num>(4)</num><content>In sub-paragraph (2)(a) above, “<term refersTo="#term-local-authority" eId="term-local-authority">local authority</term>” means a district or London borough council or the Common Council of the City of London.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-11-crossheading-supplementary"><heading> Supplementary</heading><paragraph eId="schedule-11-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-11-paragraph-7-1"><num>(1)</num><intro>Where the nominated undertaker removes remains in relation to the removal of which a licence has been granted under paragraph 2(1) or (2) above, it shall carry out in accordance with the reasonable requests of the licensee—</intro><level class="para1" eId="schedule-11-paragraph-7-1-a"><num>(a)</num><content>its functions under paragraph 3 above with respect to disposal of the remains, and</content></level><level class="para1" eId="schedule-11-paragraph-7-1-b"><num>(b)</num><content>if it removes any monument to the deceased, its functions under paragraph 5 above with respect to disposal of the monument.</content></level></subparagraph><subparagraph eId="schedule-11-paragraph-7-2"><num>(2)</num><content>The Secretary of State may give such directions as he thinks fit with respect to the carrying out of any function under this Schedule.</content></subparagraph><subparagraph eId="schedule-11-paragraph-7-3"><num>(3)</num><content>No licence shall be required under section 25 of the <noteRef href="#c1252301" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Burial Act 1857 for the removal under this Schedule of any remains.</content></subparagraph><subparagraph eId="schedule-11-paragraph-7-4"><num>(4)</num><content>Nothing in any enactment relating to burial grounds and no obligation or restriction imposed under ecclesiastical law or otherwise shall have effect to prohibit, restrict or impose any condition on the removal under this Schedule of any remains or monument.</content></subparagraph></paragraph></hcontainer></hcontainer><hcontainer name="schedule" eId="schedule-12"><num>SCHEDULE 12<authorialNote class="referenceNote">Section 44.</authorialNote></num><heading> The A2 and M2 Improvement Works</heading><part eId="schedule-12-part-I"><num>Part I</num><heading> The Authorised Works</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-12-part-I-crossheading-description-of-works"><heading> Description of works</heading><paragraph eId="schedule-12-paragraph-1" class="schProv1"><num>1</num><content>The works which the Secretary of State is authorised by section 44 of this Act to construct are the following—In the county of Kent—In the borough of Gravesham, parishes of Cobham, Higham and Shorne—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn1" class="schProv1"><num>Work No. 31—</num><content>Improvement of the A2 between its junction with Halfpence Lane (C492) and its junction with the M2 at Junction 1, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn2" class="schProv1"><num>Work No. 31A—</num><content>Improvement and realignment of the eastbound carriageway of the A2 commencing at a point 115 metres east of the bridge carrying Brewers Road over that road, passing eastwards and terminating at a point 100 metres west of the bridge carrying the westbound slip road of the A2 over the M2 at Junction 1;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn3" class="schProv1"><num>Work No. 31B—</num><content>Improvement and realignment of the westbound carriageway of the A2 commencing at a point 340 metres west of the said bridge carrying Brewers Road over that road, passing eastwards and terminating at a point 220 metres west of the bridge carrying the said westbound slip road over that road;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn4" class="schProv1"><num>Work No. 32—</num><content>Improvement of the junction of Halfpence Lane (C492) and Brewers Road with the A2 at Cobham Junction, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn5" class="schProv1"><num>Work No. 32A—</num><content>A road, forming an entry slip road to the eastbound carriageway of the A2 (Work <abbr title="Number">No.</abbr> 31A), commencing by a junction with Brewers Road at a point 150 metres north-east of the north-eastern abutment of the bridge carrying that road over the A2, passing southwards and terminating by a junction with that carriageway at a point 410 metres east of that bridge;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn6" class="schProv1"><num>Work No. 32B—</num><content>A road, forming an exit slip road from the westbound carriageway of the A2 (Work <abbr title="Number">No.</abbr> 31B), commencing by a junction with the C492 at a point 150 metres south-west of the existing junction of Brewers Road with that road, passing northwards, then north-eastwards over the railway (Work <abbr title="Number">No.</abbr> 12) in tunnel, and terminating by a junction with that carriageway at a point 20 metres west of the said bridge over the A2, including a roundabout at the junction of the slip road with Brewers Road (Work <abbr title="Number">No.</abbr> 32C);</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn7" class="schProv1"><num>Work No. 32C—</num><content>A road, forming an entry slip road to the westbound carriageway of the A2 from the C492 commencing at a point 30 metres south-east of that carriageway, passing southwards over the railway (Work <abbr title="Number">No.</abbr> 12), passing eastwards through the roundabout (part of Work <abbr title="Number">No.</abbr> 32B) along Brewers Road and terminating at a point 160 metres west of the said roundabout, including a bridge over Work <abbr title="Number">No.</abbr> 12;In the borough of Gravesham, parishes of Cobham, Higham and Shorne, and in the city of Rochester-upon-Medway, town of Rochester and parish of Cuxton—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn8" class="schProv1"><num>Work No. 33—</num><content>Improvement of the M2 between Junction 1 and Junction 2, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn9" class="schProv1"><num>Work No. 33A—</num><content>Improvement and realignment of the M2 to form the eastbound carriageway of the motorway, commencing by a junction with Work <abbr title="Number">No.</abbr> 31A at its termination, passing south-eastwards under the A2 (Work <abbr title="Number">No.</abbr> 35A) at Junction 1 of the M2, over the existing subway by which footpath NS 183 passes under the M2, then over the road (Work <abbr title="Number">No.</abbr> 36E) and under Rochester Road (Work <abbr title="Number">No.</abbr> 36F) and the cycle track (Work <abbr title="Number">No.</abbr> 36G), over the London and Chatham Railway and terminating on the existing bridge carrying the M2 over that railway at a point 20 metres south-east of that railway, including a bridge over Work <abbr title="Number">No.</abbr> 36E;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn10" class="schProv1"><num>Work No. 33B—</num><content>A road, forming the westbound carriageway of the M2, commencing by a junction with Work <abbr title="Number">No.</abbr> 31B at its termination, passing south-eastwards under the A2 (Work <abbr title="Number">No.</abbr> 35A) at Junction 1 of the M2, over footpath NS 183, then over Work <abbr title="Number">No.</abbr> 36E and under Work <abbr title="Number">No.</abbr> 36F and Work <abbr title="Number">No.</abbr> 36G, over the London and Chatham railway and terminating at a point 180 metres south-east of that railway, including bridges over Work <abbr title="Number">No.</abbr> 36E and the said railway and extension of the subway for the footpath NS 183;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn11" class="schProv1"><num>Work No. 34—</num><content>Improvement of Junction 1 of the M2 comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn12" class="schProv1"><num>Work No. 34A—</num><content>A road, forming the exit slip road from the eastbound carriageway of the A2, commencing by a junction with that carriageway (Work <abbr title="Number">No.</abbr> 31A) at a point 210 metres west of the existing bridge carrying the footpath between Park Pale and the Rochester and Cobham Park Golf Course, passing eastwards and terminating in the A2 at a point 20 metres east of the junction of Crutches Lane with that road;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn13" class="schProv1"><num>Work No. 34B—</num><content>A road, forming the entry slip road to the eastbound carriageway of the M2, commencing at a point on the northern side of Old Watling Street 270 metres east of its junction with Bowesden Lane and terminating in the M2 (Work <abbr title="Number">No.</abbr> 33A) at a point 30 metres north-west of the bridge carrying the A2 (Work <abbr title="Number">No.</abbr> 35A) over the M2;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn14" class="schProv1"><num>Work No. 34C—</num><content>A road, forming the exit slip road from the westbound carriageway of the M2, commencing in the intended eastbound entry slip road to the Wainscott Northern Bypass at a point 435 metres east of the bridge carrying the said footpath between Park Pale and the Rochester and Cobham Park Golf Course over the M2 and terminating in the M2 (Work No.33B) at a point 190 metres from that commencement;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn15" class="schProv1"><num>Work No. 35—</num><content>Roads between the junction of the A2 and Halfpence Lane (C492) and Junction 1 of the M2, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn16" class="schProv1"><num>Work No. 35A—</num><content>Diversion of the A2 at Junction 1 commencing in the westbound carriageway of the A2 (Work <abbr title="Number">No.</abbr> 31B) at a point 660 metres east of the existing bridge carrying Brewers Road over the A2, passing eastwards on the southern side of the A2, then north-eastwards over the M2 (Works <abbr title="Numbers">Nos.</abbr> 33A and 33B) on the northern side of the existing bridge carrying the westbound slip road from the A2 over the M2, continuing eastwards and terminating in the westbound carriageway of the A2 at a point 20 metres east of the junction of Crutches Lane with that road, including bridges over Works <abbr title="Numbers">Nos.</abbr> 33A and 33B;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn17" class="schProv1"><num>Work No. 35B—</num><content>A road, forming a diversion of the access road to the Colewood Reservoirs of Southern Water Services Limited, commencing by a junction with the new road (Work <abbr title="Number">No.</abbr> 35A) at a point 230 metres west of the junction of the existing access road with the A2, passing southwards then eastwards and terminating by a junction with the existing access on the northern side of those reservoirs;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn18" class="schProv1"><num>Work No. 36—</num><content>Improvement of Junction 2 of the M2, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn19" class="schProv1"><num>Work No. 36A—</num><content>A road, forming the exit slip road from the eastbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 33A) at Junction 2, commencing by a junction with that carriageway at a point 550 metres north-west of the existing subway by which the footpath RS 203 passes under the M2, passing south-eastwards and terminating at the eastern junction roundabout (part of Work <abbr title="Number">No.</abbr> 36E);</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn20" class="schProv1"><num>Work No. 36B—</num><content>A road, forming the entry slip road to the eastbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 33A) at Junction 2, commencing at the said eastern junction roundabout (part of Work <abbr title="Number">No.</abbr> 36E), passing southwards under Rochester Road (Work <abbr title="Number">No.</abbr> 36F) and the cycle track (Work <abbr title="Number">No.</abbr> 36G), over the London and Chatham Railway and terminating by a junction with Work <abbr title="Number">No.</abbr> 33A at its termination;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn21" class="schProv1"><num>Work No. 36C—</num><content>A road, forming the entry slip road on to the westbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 33B) at Junction 2, commencing by a junction with that carriageway at a point 590 metres north-west of the southern end of the said existing subway, passing south-eastwards under the railway (Work <abbr title="Number">No.</abbr> 13) and terminating at the western junction roundabout (part of Work <abbr title="Number">No.</abbr> 36E);</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn22" class="schProv1"><num>Work No. 36D—</num><content>A road, forming the exit slip road from the westbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 33B) at Junction 2, commencing at the western junction roundabout (part of Work <abbr title="Number">No.</abbr> 36E), passing south-eastwards under the railway (Work <abbr title="Number">No.</abbr> 13), under Rochester Road (Work <abbr title="Number">No.</abbr> 36F) and the cycle track (Work <abbr title="Number">No.</abbr> 36G) and over the London and Chatham Railway and terminating by a junction with the westbound carriageway (Work <abbr title="Number">No.</abbr> 37B) at a point 160 metres south-east of that railway, including a bridge over the London and Chatham Railway;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn23" class="schProv1"><num>Work No. 36E—</num><content>A road, forming dual carriageways, commencing by junctions with Work <abbr title="Number">No.</abbr> 36A at its termination and Work <abbr title="Number">No.</abbr> 36B at its commencement at the eastern junction roundabout, the centre of which is at a point 180 metres south of the junction of Bootham Close with Rushdean Road, passing south-westwards under the M2 (Works <abbr title="Numbers">Nos.</abbr> 33A and 33B) and the railway (Work <abbr title="Number">No.</abbr> 13) to junctions with Work <abbr title="Number">No.</abbr> 36C at its termination and Work <abbr title="Number">No.</abbr> 36D at its commencement at the western junction roundabout, the centre of which is at a point 355 metres south-west of the junction of Bootham Close with Rushdean Road, then passing southwards and terminating by a junction with the A228 (Rochester Road) (Work No.38F) at a roundabout, the centre of which is at a point 190 metres north-east of the northern end of the existing bridge carrying the A228 over the London and Chatham Railway, including those roundabouts;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn24" class="schProv1"><num>Work No. 36F—</num><content>A road, being a diversion of the A228, commencing in that road at the northern end of the said bridge carrying that road over the London and Chatham Railway, passing north-eastwards over the cycle track (Work <abbr title="Number">No.</abbr> 36H) to the roundabout (part of Work <abbr title="Number">No.</abbr> 36E), then north-eastwards over the railway (Work <abbr title="Number">No.</abbr> 13) and the M2 (Works <abbr title="Numbers">Nos.</abbr> 36B, 33A, 33B and 36D), over the cycle track (Work <abbr title="Number">No.</abbr> 36J) and terminating in the A228 at a point 30 metres south-west of the junction of Roman Way with that road, including bridges over Works <abbr title="Numbers">Nos.</abbr> 13, 33A, 33B, 36B, 36D 36H and 36J;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn25" class="schProv1"><num>Work No. 36G—</num><content>A cycle track on the southern side of the A228 (Work <abbr title="Number">No.</abbr> 36F) commencing by a junction with that work at a point 45 metres north-east of its commencement, passing north-eastwards on the eastern side of Work <abbr title="Number">No.</abbr> 36F to a junction with the cycle track (Work <abbr title="Number">No.</abbr> 36H), then over Work <abbr title="Number">No.</abbr> 13, the M2 and Work <abbr title="Number">No.</abbr> 36J and terminating by a junction with the A228 at a point 370 metres south-west of the termination of Work <abbr title="Number">No.</abbr> 36F;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn26" class="schProv1"><num>Work No. 36H—</num><content>A cycle track commencing by a junction with the A228 (Work <abbr title="Number">No.</abbr> 36F) at a point 60 metres north-east of its commencement, passing northwards then eastwards and south-eastwards under the A228 and terminating by a junction with Work <abbr title="Number">No.</abbr> 36G at a point 90 metres north-east of the commencement of that work;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn27" class="schProv1"><num>Work No. 36J—</num><content>A cycle track commencing by a junction with the A228 (Work <abbr title="Number">No.</abbr> 36F) at a point 370 metres south-west of its termination, passing westwards then southwards under the A228 and terminating by a junction with the cycle track (Work <abbr title="Number">No.</abbr> 36K) at a point 180 metres north-east of the termination of that work;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn28" class="schProv1"><num>Work No. 36K—</num><content>Realignment and improvement of the cycle track between the A228 and the bridge carrying the M2 over the River Medway, commencing by a junction with the cycle track (Work <abbr title="Number">No.</abbr> 36G) at a point 45 metres south-west of its termination, passing southwards to a junction with the cycle track (Work <abbr title="Number">No.</abbr> 36J), then south-westwards and south-eastwards and terminating by a junction with the existing cycle track at a point 5 metres south-east of the western abutment of the bridge carrying the M2 over the London and Chatham Railway;In the city of Rochester-upon-Medway, town of Rochester and parish of Cuxton, and in the borough of Tonbridge and Malling, parishes of Wouldham and Aylesford—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn29" class="schProv1"><num>Work No. 37—</num><content>Improvement of the M2 between Junctions 2 and 3, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn30" class="schProv1"><num>Work No. 37A—</num><content>Improvement and realignment of the M2 to form the eastbound carriageway of the motorway, commencing by a junction with Work <abbr title="Number">No.</abbr> 33A at its termination, passing south-eastwards on the existing viaduct over the Strood and Maidstone Railway and the River Medway, then over Wouldham Road (Work <abbr title="Number">No.</abbr> 38B) and under Work <abbr title="Number">No.</abbr> 38F, then continuing south-eastwards to Junction 3 (Work <abbr title="Number">No.</abbr> 39), under the A229 (Work <abbr title="Number">No.</abbr> 40A) east of Buckmore Park, the new roundabout (Work <abbr title="Number">No.</abbr> 39E) and Robin Hood Lane (Work <abbr title="Number">No.</abbr> 41C) and over footpath MR 440 and terminating at a point 145 metres south-west of the junction of Woodbury Road with Walderslade Woods, including a bridge over Work <abbr title="Number">No.</abbr> 38B;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn31" class="schProv1"><num>Work No. 37B—</num><content>A road, forming the westbound carriageway of the M2, commencing by a junction with Work <abbr title="Number">No.</abbr> 33B at its termination, passing south-eastwards on viaduct over the Strood and Maidstone Railway and the River Medway, then over Work <abbr title="Number">No.</abbr> 38B and under Work <abbr title="Number">No.</abbr> 38F, then continuing south-eastwards to Junction 3 (Work <abbr title="Number">No.</abbr> 39), under Works <abbr title="Numbers">Nos.</abbr> 40A, 39E and 41C and over footpath MR 440 and terminating at a point 205 metres south of the junction of Woodbury Road with Walderslade Woods, including the said viaduct and a bridge over Work <abbr title="Number">No.</abbr> 38B and extension of the underpass for the said footpath;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn32" class="schProv1"><num>Work No. 38—</num><content>Roads between Junctions 2 and 3 of the M2, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn33" class="schProv1"><num>Work No. 38A—</num><content>A road, for construction purposes, commencing at a point 300 metres north-west of the western abutment of the bridge carrying the M2 over Wouldham Road (Work <abbr title="Number">No.</abbr> 38B), passing south-eastwards on the northern side of Work <abbr title="Number">No.</abbr> 37A and terminating by a junction with Work <abbr title="Number">No.</abbr> 38B at a point 30 metres north-west of the M2 eastbound carriageway;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn34" class="schProv1"><num>Work No. 38B—</num><content>Realignment of Wouldham Road commencing in that road at a point 20 metres north-east of the northern side of the existing bridge carrying the M2 over that road, passing south-westwards under Works <abbr title="Numbers">Nos.</abbr> 37A and 37B and terminating in Wouldham Road at a point 35 metres north-east of the junction of Burham Road with that road;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn35" class="schProv1"><num>Work No. 38C—</num><content>A road, forming a diversion of Nashenden Farm Lane and the access to Waterworks Cottages, commencing by a junction with Wouldham Road (Work <abbr title="Number">No.</abbr> 38B) at a point 110 metres south-west of its commencement, passing south-eastwards on the southern side of the M2 to a junction with Nashenden Farm Lane at a point 65 metres north-east of the access to Nashenden Farm Cottages, continuing southwards and terminating at a point 20 metres south-east of the entrance to Waterworks Cottages;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn36" class="schProv1"><num>Work No. 38D—</num><content>A road, for construction purposes, forming a diversion of the access to Nashenden Farm and Borstal Court Farm, commencing in Burham Road (Work <abbr title="Number">No.</abbr> 13B) at a point 100 metres south-east of the commencement of that work, passing eastwards, then south-eastwards on the southern side of Work <abbr title="Number">No.</abbr> 38C and terminating by a junction with the new road (Work <abbr title="Number">No.</abbr> 38C) at a point 225 metres from the commencement of that work;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn37" class="schProv1"><num>Work No. 38E—</num><content>A road, forming a diversion of the access track from the Roman Burial grounds to Stony Lane, commencing at a point 30 metres north of the existing bridge carrying that track over the M2, passing south-eastwards and terminating by a junction with Stony Lane (Work <abbr title="Number">No.</abbr> 38F) at a point 325 metres from its commencement;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn38" class="schProv1"><num>Work No. 38F—</num><content>A road, forming a diversion of bridleway MR11 (Stony Lane) commencing in Maidstone Road at its junction with Stony Lane, passing south-westwards and north-westwards, then south-westwards over the M2 (Works <abbr title="Numbers">Nos.</abbr> 37A and 37B), then southwards and terminating by a junction with the new access road (Work <abbr title="Number">No.</abbr> 13C) at a point 340 metres north-west of the western end of the subway by which Stony Lane passes under the M2, including a bridge over Works <abbr title="Numbers">Nos.</abbr> 37A and 37B;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn39" class="schProv1"><num>Work No. 39—</num><content>Improvements of the M2 at Junction 3, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn40" class="schProv1"><num>Work No. 39A—</num><content>Realignment of the exit slip road from the eastbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 37A), commencing by a junction with Work <abbr title="Number">No.</abbr> 37A at a point 185 metres south of the access from Rochester Road to the caravan site on the south side of Rochester Airport, passing south-eastwards under the A229 (Work <abbr title="Number">No.</abbr> 40A) and terminating at the north-eastern end of the roundabout (Work <abbr title="Number">No.</abbr> 39E);</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn41" class="schProv1"><num>Work No. 39B—</num><content>Realignment of the entry slip road to the eastbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 37A), commencing at the north-eastern end of the roundabout (Work <abbr title="Number">No.</abbr> 39E), passing southwards under Robin Hood Lane (Work <abbr title="Number">No.</abbr> 41C), over footpath MR 440 and terminating by a junction with Work No.37A at a point 145 metres south-west of the junction of Woodbury Road with Walderslade Woods;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn42" class="schProv1"><num>Work No. 39C—</num><content>A road, forming the entry slip road to the westbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 37B), commencing by a junction with Work <abbr title="Number">No.</abbr> 37B at a point 230 metres south of the access from Rochester Road to the said caravan site, passing south-eastwards under the A229 (Work <abbr title="Number">No.</abbr> 40A) and terminating at the south-western end of the roundabout (Work <abbr title="Number">No.</abbr> 39E);</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn43" class="schProv1"><num>Work No. 39D—</num><content>A road, forming the exit slip road from the westbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 37B), commencing at the south-western end of the roundabout (Work <abbr title="Number">No.</abbr> 39E), passing south-eastwards under Robin Hood Lane (Work <abbr title="Number">No.</abbr> 41C), over footpath MR 440 and terminating by a junction with Work <abbr title="Number">No.</abbr> 37B at a point 205 metres west of the junction of Woodbury Road with Walderslade Woods;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn44" class="schProv1"><num>Work No. 39E—</num><content>Improvement of the Taddington Wood Loop Junction, forming a new roundabout over the M2 (Works <abbr title="Numbers">Nos.</abbr> 37A and 37B) including two bridges over those works;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn45" class="schProv1"><num>Work No. 39F—</num><content>A road commencing at the north-eastern end of the roundabout (Work <abbr title="Number">No.</abbr> 39E), passing eastwards and terminating by a junction with Walderslade Woods (Work <abbr title="Number">No.</abbr> 39G) at the Walderslade Woods Roundabout, the centre of which is 160 metres south of the junction of Hurst Hill with Taddington Wood Lane, including the said Walderslade Woods Roundabout;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn46" class="schProv1"><num>Work No. 39G—</num><content>Realignment of Walderslade Woods, forming dual carriageways, commencing at a point 140 metres south-east of the junction of that road with Taddington Wood Lane, passing south-eastwards to the roundabout (part of Work <abbr title="Number">No.</abbr> 39F) then continuing south-eastwards and terminating in Walderslade Woods at a point 310 metres from that commencement;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn47" class="schProv1"><num>Work No. 39H—</num><content>A road, forming dual carriageways, commencing at the south-western end of the roundabout (Work <abbr title="Number">No.</abbr> 39E), passing westwards and north-westwards and terminating by a junction with the A229 at the roundabout (Work <abbr title="Number">No.</abbr> 40N);</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn48" class="schProv1"><num>Work No. 39J—</num><content>Realignment of Maidstone Road to form a junction with the new road (Work <abbr title="Number">No.</abbr> 39H) at Blue Bell Hill, commencing in that road at a point 40 metres north-west of its existing junction with Victoria Close, passing south-eastwards, then southwards to the junction with Work <abbr title="Number">No.</abbr> 39H, then continuing southwards and south-westwards and terminating in Maidstone Road at a point 120 metres north of its junction with Robin Hood Lane;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn49" class="schProv1"><num>Work No. 40—</num><content>Improvements of the A229 at Junction 3 of the M2, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn50" class="schProv1"><num>Work No. 40A—</num><content>Improvement and realignment of the A229 (Maidstone Road), forming dual carriageways, commencing at a point 345 metres north of the existing Bridgewood Roundabout at the junction of that road with Walderslade Woods and Rochester Road, passing southwards over the new roundabout at that road junction (Work <abbr title="Number">No.</abbr> 40F), the M2 (Works <abbr title="Numbers">Nos.</abbr> 37A, 37B, 39A and 39C), then under the roundabout (Work <abbr title="Number">No.</abbr> 40N) and terminating at a point 10 metres north of the bridge carrying Common Road over the A229, including bridges over Works <abbr title="Numbers">Nos.</abbr> 40F, 37A, 37B, 39A and 39C;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn51" class="schProv1"><num>Work No. 40B—</num><content>A road, forming the southbound exit slip road from the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing by a junction with that road at a point 280 metres north of the existing Bridgewood Roundabout, passing southwards and terminating at the eastern end of the roundabout (Work <abbr title="Number">No.</abbr> 40F);</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn52" class="schProv1"><num>Work No. 40C—</num><content>A road, forming the southbound entry slip road to the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing at the eastern end of the roundabout (Work <abbr title="Number">No.</abbr> 40F), passing southwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 40A at a point 145 metres south of the existing Bridgewood Roundabout;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn53" class="schProv1"><num>Work No. 40D—</num><content>A road, forming the northbound entry slip road to the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing by a junction with that road at a point 280 metres north of the said existing Bridgewood Roundabout, passing southwards and terminating at the western end of the roundabout (Work <abbr title="Number">No.</abbr> 40F);</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn54" class="schProv1"><num>Work No. 40E—</num><content>A road, forming the northbound exit slip road from the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing at the western end of the roundabout (Work <abbr title="Number">No.</abbr> 40F), passing southwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 40A at a point 145 metres south of the existing Bridgewood Roundabout;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn55" class="schProv1"><num>Work No. 40F—</num><content>A roundabout (the Bridgewood Roundabout) at the junction of Walderslade Woods, Rochester Road and the A229;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn56" class="schProv1"><num>Work No. 40G—</num><content>Realignment of Rochester Road commencing in that road at a point 160 metres north-west of its junction with the A229 at the existing Bridgewood Roundabout, passing south-eastwards and terminating at the western end of the roundabout (Work <abbr title="Number">No.</abbr> 40F);</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn57" class="schProv1"><num>Work No. 40H—</num><content>Improvement and realignment of Walderslade Woods forming dual carriageways, commencing at the eastern end of the roundabout (Work <abbr title="Number">No.</abbr> 40F), passing eastwards and terminating in Walderslade Woods at a point 100 metres east of that commencement;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn58" class="schProv1"><num>Work No. 40J—</num><content>A road, forming the southbound exit slip road from the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing by a junction with that road at a point 270 metres north of the intended Lord Lees Roundabout (Work <abbr title="Number">No.</abbr> 40N), passing southwards and terminating at the eastern end of that roundabout;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn59" class="schProv1"><num>Work No. 40K—</num><content>A road, forming the southbound entry slip road to the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing at the eastern end of the intended Lord Lees Roundabout (Work <abbr title="Number">No.</abbr> 40N), passing southwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 40A at a point 80 metres north-west of the bridge carrying Common Road over the A229;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn60" class="schProv1"><num>Work No. 40L—</num><content>A road, forming the northbound entry slip road to the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing by a junction with that road at a point 300 metres north of the intended Lord Lees Roundabout (Work <abbr title="Number">No.</abbr> 40N), passing southwards and terminating at the western end of that roundabout;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn61" class="schProv1"><num>Work No. 40M—</num><content>A road, forming the northbound exit slip road from the A229 (Work <abbr title="Number">No.</abbr> 40A), commencing at the western end of the Roundabout (Work <abbr title="Number">No.</abbr> 40N), passing southwards and terminating by a junction with Work <abbr title="Number">No.</abbr> 40A at a point 70 metres north-east of the bridge carrying Common Road over the A229;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn62" class="schProv1"><num>Work No. 40N—</num><content>A roundabout (Lord Lees Roundabout) over the A229 (Work <abbr title="Number">No.</abbr> 40A) at Blue Bell Hill, including two bridges over Work <abbr title="Number">No.</abbr> 40A;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn63" class="schProv1"><num>Work No. 40P—</num><content>A road, forming an access road to the Buckmore Park Activity Centre and an access way for cycles and pedestrians at Shall Hook Wood, commencing in the existing access road at a point 250 metres north of the centre of the existing Lord Lees Roundabout, passing southwards and south-westwards on the western side of the slip road (Work <abbr title="Number">No.</abbr> 40L) and terminating at the western end of the roundabout (Work <abbr title="Number">No.</abbr> 40N);</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn64" class="schProv1"><num>Work No. 40Q—</num><content>A road, forming an access road to the premises known as Nil Desperandum, commencing by a junction with the access road (Work <abbr title="Number">No.</abbr> 40P) at a point 40 metres west of the termination of that work, passing north-eastwards and terminating in the curtilage of those premises;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn65" class="schProv1"><num>Work No. 40R—</num><content>An access way to land on the northern side of the Common Road Sports Ground, commencing by a junction with the access way (Work <abbr title="Number">No.</abbr> 40S) at a point 90 metres north of the termination of that work, passing southwards on the western side of that work and Work <abbr title="Number">No.</abbr> 40M and terminating in the existing access way at a point 30 metres north of the said land;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn66" class="schProv1"><num>Work No. 40S—</num><content>A road, forming an access way for cycles and pedestrians, commencing by a junction with the access road (Work <abbr title="Number">No.</abbr> 40P) at a point 30 metres from the termination of that work, passing southwards and south-eastwards and terminating by a junction with the slip road (Work <abbr title="Number">No.</abbr> 40M) at a point 250 metres from the termination of that work;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn67" class="schProv1"><num>Work No. 41—</num><content>Associated works connected with improvements at Junction 3 of the M2, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn68" class="schProv1"><num>Work No. 41A—</num><content>A road, forming a southern extension of Hallsfield Road, commencing at a point 30 metres east of the western end of that road east of Maidstone Road, passing westwards, then southwards and terminating at a point 260 metres south of that commencement;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn69" class="schProv1"><num>Work No. 41B—</num><content>Realignment of Hallsfield Road commencing at a point 30 metres west of the junction of that road with Sadlers Close and terminating in Hallsfield Road at a point 95 metres north-west of that road junction;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn70" class="schProv1"><num>Work No. 41C—</num><content>Realignment of Robin Hood Lane commencing at a point 60 metres west of the existing junction of that road with the access road to the Medway Crematorium, passing eastwards over the M2 (Works <abbr title="Numbers">Nos.</abbr> 37A and 37B) and terminating at a point 180 metres east of that commencement, including a bridge over Works <abbr title="Numbers">Nos.</abbr> 37A, 37B, 39B and 39D;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn71" class="schProv1"><num>Work No. 41D—</num><content>Diversion of the said access road to the Medway Crematorium, commencing by a junction with Robin Hood Lane (Work <abbr title="Number">No.</abbr> 41C) at a point 15 metres west of its existing junction with that road and terminating in that access road at a point 80 metres south of that commencement;In the borough of Tonbridge and Malling, parish of Aylesford, in the borough of Maidstone, parishes of Boxley and Bredhurst and in the borough of Gillingham, town of Gillingham—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn72" class="schProv1"><num>Work No. 42—</num><content>Improvement of the M2 between Junctions 3 and 4, comprising —</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn73" class="schProv1"><num>Work No. 42A—</num><content>Improvement and realignment of the M2, to form the eastbound carriageway of that motorway, commencing by a junction with Work <abbr title="Number">No.</abbr> 37A at its termination, passing under the footpath KH 32 (Work <abbr title="Number">No.</abbr> 45), over Harp Farm Road (Work <abbr title="Number">No.</abbr> 43A), and under Lidsing Road and Forge Lane (Works <abbr title="Numbers">Nos.</abbr> 43C and 43E) and under Maidstone Road, then passing to Junction 4 (Work <abbr title="Number">No.</abbr> 44) and terminating at a point 190 metres east of the easternmost bridge at that Junction carrying the A278 (Hoath Way) over the M2, including a bridge over Harp Farm Road;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn74" class="schProv1"><num>Work No. 42B—</num><content>A road forming the westbound carriageway of the M2, being in part a new road and in part improvement and realignment of the existing westbound carriageway, commencing by a junction with Work <abbr title="Number">No.</abbr> 37B at its termination, passing over Work <abbr title="Number">No.</abbr> 43A, under Works <abbr title="Numbers">Nos.</abbr> 43C, 43E and 45 and under Maidstone Road, then passing to Junction 4 (Work <abbr title="Number">No.</abbr> 44) and terminating at a point 190 metres east of the said bridge over the M2, including a bridge over Harp Farm Road;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn75" class="schProv1"><num>Work No. 43—</num><content>Roads between Junctions 3 and 4, comprising—</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn76" class="schProv1"><num>Work No. 43A—</num><content>Realignment of Harp Farm Road, commencing at a point 65 metres south of the centre of the roundabout at its junction with Walderslade Woods, passing southwards under the M2 (Works <abbr title="Numbers">Nos.</abbr> 42A and 42B) and terminating at a point 50 metres south-west of its existing junction with Yelsted Lane;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn77" class="schProv1"><num>Work No. 43B—</num><content>A road, forming a diversion of Yelsted Lane, commencing by a junction with Harp Farm Road (Work <abbr title="Number">No.</abbr> 43A) at a point 10 metres south of its existing junction with that road, passing eastwards on the southern side of the M2 (Work <abbr title="Number">No.</abbr> 42B) and terminating in Yelsted Lane at a point 345 metres east of that commencement;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn78" class="schProv1"><num>Work No. 43C—</num><content>Realignment of Lidsing Road commencing at a point 260 metres south of the southern end of the existing bridge carrying that road over the M2, passing northwards over the M2 (Works <abbr title="Numbers">Nos.</abbr> 42A and 42B) and terminating at a point 70 metres south of the junction of that road with Westfield Sole Road and Blind Lane, including a new bridge over Works <abbr title="Numbers">Nos.</abbr> 42A and 42B;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn79" class="schProv1"><num>Work No. 43D—</num><content>Realignment of an existing track between Blind Lane and Forge Lane on the northern side of the M2 (Work <abbr title="Number">No.</abbr> 42A), commencing at a point 370 metres north-east of the junction of that track with Blind Lane, passing north-eastwards on the northern side of the existing track then northwards and terminating by a junction with Forge Lane (Work <abbr title="Number">No.</abbr> 43E) at a point 260 metres south-east of its junction with Chapel Lane;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn80" class="schProv1"><num>Work No. 43E—</num><content>Realignment of Forge Lane commencing at its junction with Chapel Lane, passing south-eastwards over the M2 (Works <abbr title="Numbers">Nos.</abbr> 42A and 42B) and terminating at a point 40 metres south-east of the junction of Forge Lane with Blind Lane on the southern side of the motorway, including a bridge over the M2;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn81" class="schProv1"><num>Work No. 44—</num><content>Improvement of Junction 4 of the M2, comprising —</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn82" class="schProv1"><num>Work No. 44A—</num><content>Realignment of the exit slip road from the eastbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 42A), commencing by a junction with Work <abbr title="Number">No.</abbr> 42A at a point 390 metres north-east of the existing bridge carrying Forge Lane over the M2, passing under Maidstone Road and terminating at the northern end of the roundabout over the M2 at Junction 4;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn83" class="schProv1"><num>Work No. 44B—</num><content>Realignment of the entry slip road to the westbound carriageway of the M2 (Work <abbr title="Number">No.</abbr> 42B) commencing by a junction with Work <abbr title="Number">No.</abbr> 42B at a point 155 metres north-east of the said bridge carrying Forge Lane over the M2, passing under Maidstone Road and terminating at the southern end of the roundabout over the M2 at Junction 4.</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn84" class="schProv1"><num>Work No. 45—</num><content>Realignment of footpath KH 32, commencing at a point 12 metres south of the southern end of the footbridge carrying footpath KH 32A over Walderslade Wood, passing southwards over the M2 (Works <abbr title="Numbers">Nos.</abbr> 42A and 42B) on the eastern side of the existing bridge carrying that footpath over the M2 and terminating at a point 30 metres south of the southern end of that existing bridge, including a bridge over Works <abbr title="Numbers">Nos.</abbr> 42A and 42B;</content></paragraph><paragraph eId="schedule-12-part-I-crossheading-description-of-works_paragraph-Workn85" class="schProv1"><num>Work No. 46—</num><content>A cycle track commencing by a junction with the existing cycle track on the western side of the A229 (Maidstone Road) at a point 190 metres north of the centre of the Bridgewood Roundabout, passing westwards and terminating at a point on the eastern side of Rochester Road 200 metres west of the centre of that roundabout.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-12-part-I-crossheading-interpretation-of-part-i"><heading> Interpretation of Part I</heading><paragraph eId="schedule-12-paragraph-2" class="schProv1"><num>2</num><intro>In paragraph 1 above—<blockList class="unordered none" ukl:Name="UnorderedList" ukl:Decoration="none"><item>references to the M2 are to the special road so designated;</item><item>references to the A2 are to the trunk road so designated;</item><item>references to the A228 and the A229 are to the principal roads so designated;</item></blockList></intro><hcontainer name="definition"><content>“<term refersTo="#term-wainscott-northern-bypass" eId="term-wainscott-northern-bypass">Wainscott Northern Bypass</term>” means the road scheme so named for a bypass between the A2 and the Medway Tunnel;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-westbound" eId="term-westbound">westbound</term>” in any description of the direction of traffic signifies travel in the direction of London, whether or not London is the destination, and “<term refersTo="#term-eastbound" eId="term-eastbound">eastbound</term>” signifies travel in the opposite direction.</content></hcontainer></paragraph></hcontainer></part><part eId="schedule-12-part-II"><num>Part II</num><heading> Interference with Highways and Means of Access</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-12-part-II-crossheading-stopping-up-of-highways"><heading> Stopping up of highways</heading><paragraph eId="schedule-12-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-12-paragraph-3-1"><num>(1)</num><intro>Subject to the provisions of this paragraph, the Secretary of State may, in connection with the construction of the A2 and M2 improvement works, stop up—</intro><level class="para1" eId="schedule-12-paragraph-3-1-a"><num>(a)</num><content>each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of the following table, and</content></level><level class="para1" eId="schedule-12-paragraph-3-1-b"><num>(b)</num><content>any other bridleways or footpaths within the limits of deviation for the works authorised by this Part of this Act or within the limits of land to be acquired or used.</content></level></subparagraph><subparagraph eId="schedule-12-paragraph-3-2"><num>(2)</num><content>No highway or part of a highway, other than one specified in columns (1) and (2) of Part II of the following table, shall be stopped up under this paragraph unless the Secretary of State is in possession of all lands abutting on it, except so far as the owners and occupiers of those lands may otherwise agree.</content></subparagraph><subparagraph eId="schedule-12-paragraph-3-3"><num>(3)</num><content>No highway or part of a highway specified in columns (1) and (2) of Part II of the following table shall be stopped up under this paragraph until the Secretary of State is satisfied that the new highway specified in relation to it in column (3) of that Part of the table, by reference to the letters and numbers shown on the deposited plans or by reference to works authorised by this Part of this Act, has been completed and is open for public use.</content></subparagraph><subparagraph eId="schedule-12-paragraph-3-4"><num>(4)</num><content>On a highway or part of a highway being stopped up under this paragraph, all rights of way over or along it shall be extinguished.</content></subparagraph><subparagraph eId="schedule-12-paragraph-3-5"><num>(5)</num><content>The Secretary of State shall compensate any person who suffers loss by the extinguishment under this paragraph of a private right of way.</content></subparagraph><subparagraph eId="schedule-12-paragraph-3-6"><num>(6)</num><content>Any dispute as to a person’s entitlement to compensation under sub-paragraph (5) above, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the <noteRef href="#c1252302" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Land Compensation Act 1961.</content></subparagraph><wrapUp><tblock class="table" ukl:Orientation="portrait"><num>The Table</num><heading>Highways to be Stopped Up</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:td/></default:tr></default:tbody></default:table></foreign></tblock><tblock class="table" ukl:Orientation="portrait"><num>Part I</num><heading> Highways to be Stopped Up Without Provision of Substitute</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th></default:tr><default:tr><default:th>Area</default:th><default:th>Highway or part to be stopped up</default:th></default:tr><default:tr><default:th colspan="2">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Shorne</default:td><default:td>Footpath NS312 for a distance of 45 metres north-eastwards from its junction with Watling Street (A2)</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Cobham</default:td><default:td>Old Watling Street (B395) between points K1 and K2</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Parish of Cuxton</default:td><default:td>Footpath RS205 between points D1 and D2</default:td></default:tr><default:tr><default:td/><default:td>Footpath RR27 between points D2 and D3</default:td></default:tr><default:tr><default:td>Borough of Tonbridge and Malling, Parish of Aylesford</default:td><default:td>Access road to go-kart racing track between points S1 and S2</default:td></default:tr><default:tr><default:td/><default:td>Access road between points H1 and H2</default:td></default:tr><default:tr><default:td/><default:td>Victoria Close between points B3 and B4</default:td></default:tr><default:tr><default:td/><default:td>Footpath MR201 between points T1 and T3 and between points T3 and T4</default:td></default:tr><default:tr><default:td/><default:td>Footpath MR14 for a distance of 120 metres westwards from its junction with Maidstone Road (A229)</default:td></default:tr></default:tbody></default:table></foreign></tblock><tblock class="table" ukl:Orientation="portrait"><num>Part II</num><heading> Highways to be Stopped Up Only on Provision of Substitute</heading><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th><default:th>(3)</default:th></default:tr><default:tr><default:th>Area</default:th><default:th>Highway or part to be stopped up</default:th><default:th>New highway to be substituted for it</default:th></default:tr><default:tr><default:th colspan="3">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Cobham</default:td><default:td>A2 westbound entry slip road between points H3 and H2</default:td><default:td>Work <abbr title="Number">No.</abbr> 32C</default:td></default:tr><default:tr><default:td/><default:td>A2 westbound exit slip road between points H4 and H2</default:td><default:td>Work <abbr title="Number">No.</abbr> 32B</default:td></default:tr><default:tr><default:td/><default:td>Halfpence Lane (C492) between points H1 and H2</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 32B and 32C</default:td></default:tr><default:tr><default:td/><default:td>Footpath NS182 between points N9, P3 and N8</default:td><default:td>New footpath between points N7 and N8</default:td></default:tr><default:tr><default:td/><default:td>Access road between points N1 and N2 and points N3 and N4</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 35A and 35B</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Shorne</default:td><default:td>A2 eastbound entry slip road between points J3 and J4</default:td><default:td>Work <abbr title="Number">No.</abbr> 32A</default:td></default:tr><default:tr><default:td>Borough of Gravesham, Parishes of Cobham and Higham</default:td><default:td>A2 westbound slip road between points P1 and P2</default:td><default:td>Work <abbr title="Number">No.</abbr> 35A</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Parish of Cuxton</default:td><default:td>Work <abbr title="Number">No.</abbr> 13A(2)</default:td><default:td>Work <abbr title="Number">No.</abbr> 36C between its commencement and its junction with Work <abbr title="Number">No.</abbr> 13A(2)</default:td></default:tr><default:tr><default:td/><default:td>Work <abbr title="Number">No.</abbr> 13A(3)</default:td><default:td>Work <abbr title="Number">No.</abbr> 36D</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Town of Rochester and Parish of Cuxton</default:td><default:td>Footpath RS203 between points B1 and B2</default:td><default:td>New footpath between points B1, B6, B5, B4 and B3</default:td></default:tr><default:tr><default:td/><default:td>Work <abbr title="Number">No.</abbr> 13A(4)</default:td><default:td>Work <abbr title="Number">No.</abbr> 36F between its junction with Work <abbr title="Number">No.</abbr> 13A(4) and its termination</default:td></default:tr><default:tr><default:td/><default:td>Work <abbr title="Number">No.</abbr> 13A(1)</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 36A and 36E</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Town of Rochester</default:td><default:td>A228 (Rochester Road) between points C1 and C2</default:td><default:td>Work <abbr title="Number">No.</abbr> 36F</default:td></default:tr><default:tr><default:td/><default:td>M2 eastbound exit slip road between points C9 and C4</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 36A and 36E</default:td></default:tr><default:tr><default:td/><default:td>M2 westbound entry slip road between points C6 and C7</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 36C and 36E</default:td></default:tr><default:tr><default:td/><default:td>M2 eastbound entry slip road between points C9 and C5</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 36B and 36E</default:td></default:tr><default:tr><default:td/><default:td>M2 westbound exit slip road between points C8 and C7</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 36D and 36E</default:td></default:tr><default:tr><default:td/><default:td>Footpath RS205A between points C9 and C10</default:td><default:td>Work <abbr title="Number">No.</abbr> 36K</default:td></default:tr><default:tr><default:td/><default:td>Nashenden Farm Lane between points E1 and E2</default:td><default:td>Work <abbr title="Number">No.</abbr> 38C</default:td></default:tr><default:tr><default:td/><default:td>Bridleway RR16 between points E3, E2 and E4</default:td><default:td>Work <abbr title="Number">No.</abbr> 38C</default:td></default:tr><default:tr><default:td/><default:td>Bridleway RR18 between points C1 and A3</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 38F and 13C</default:td></default:tr><default:tr><default:td>City of Rochester upon Medway, Town of Rochester and Borough of Tonbridge and Malling, Parish of Wouldham</default:td><default:td>Work <abbr title="Number">No.</abbr> 13C between its commencement and its junction with Work <abbr title="Number">No.</abbr> 38F</default:td><default:td>Work <abbr title="Number">No.</abbr> 38F</default:td></default:tr><default:tr><default:td>Borough of Tonbridge and Malling, Parish of Wouldham</default:td><default:td>Bridleway MR11 between points A3, A2 and A1</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 38F and 13C</default:td></default:tr><default:tr><default:td>Borough of Tonbridge and Malling, Parish of Aylesford</default:td><default:td>A229 (Maidstone Road) between points F1 and F2d</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 40A, 40B, 40C, 40D, 40E, 40F and 41A</default:td></default:tr><default:tr><default:td/><default:td>Rochester Road between points F3 and F4</default:td><default:td>Work <abbr title="Number">No.</abbr> 40G</default:td></default:tr><default:tr><default:td/><default:td>A229 slip road between points B1 and B2</default:td><default:td>Work <abbr title="Number">No.</abbr> 40J</default:td></default:tr><default:tr><default:td/><default:td>A229 slip road between points C1 and C2</default:td><default:td>Work <abbr title="Number">No.</abbr> 40L</default:td></default:tr><default:tr><default:td/><default:td>A229 slip road between points D1 and D2</default:td><default:td>Work <abbr title="Number">No.</abbr> 40M</default:td></default:tr><default:tr><default:td/><default:td>A229 slip road between points E1 and E2</default:td><default:td>Work <abbr title="Number">No.</abbr> 39H</default:td></default:tr><default:tr><default:td/><default:td>A229 slip road between points G1 and G2</default:td><default:td>Work <abbr title="Number">No.</abbr> 40K</default:td></default:tr><default:tr><default:td/><default:td>Walderslade Woods between points F5 and F6</default:td><default:td>Work <abbr title="Number">No.</abbr> 40H</default:td></default:tr><default:tr><default:td/><default:td>Walderslade Woods between points F7 and F8</default:td><default:td>Work <abbr title="Number">No.</abbr> 39G</default:td></default:tr><default:tr><default:td/><default:td>M2 eastbound exit slip road between points K1 and K2</default:td><default:td>Work <abbr title="Number">No.</abbr> 39A</default:td></default:tr><default:tr><default:td/><default:td>M2 eastbound entry slip road between points J1 and J2</default:td><default:td>Work <abbr title="Number">No.</abbr> 39B</default:td></default:tr><default:tr><default:td/><default:td>M2 westbound exit slip road between points M1 and M2</default:td><default:td>Work <abbr title="Number">No.</abbr> 39D</default:td></default:tr><default:tr><default:td/><default:td>M2 westbound entry slip road between points L1 and L2</default:td><default:td>Work <abbr title="Number">No.</abbr> 39C</default:td></default:tr><default:tr><default:td/><default:td>Maidstone Road between points N1 and N2</default:td><default:td>Work <abbr title="Number">No.</abbr> 39J</default:td></default:tr><default:tr><default:td/><default:td>Access way between points A1, A2 and A3</default:td><default:td>Work <abbr title="Number">No.</abbr> 40P</default:td></default:tr><default:tr><default:td/><default:td>Access way between points P3 and P4</default:td><default:td>Works <abbr title="Numbers">Nos.</abbr> 40R and 40S</default:td></default:tr><default:tr><default:td/><default:td>Access road between points P1, P3 and P2</default:td><default:td>Work <abbr title="Number">No.</abbr> 40Q</default:td></default:tr><default:tr><default:td/><default:td>Access road to Crematorium between points V3 and V4</default:td><default:td>Work <abbr title="Number">No.</abbr> 41D</default:td></default:tr><default:tr><default:td/><default:td>Footpath MR440 between points Q3 and Q4</default:td><default:td>New footpath between points Q3 and Q5</default:td></default:tr><default:tr><default:td/><default:td>Footpath MR438A between points R1 and R2</default:td><default:td>New footpath between those points</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Boxley</default:td><default:td>Footpath KH32 between points Q1 and Q2</default:td><default:td>Work <abbr title="Number">No.</abbr> 45</default:td></default:tr><default:tr><default:td/><default:td>Yelsted Lane between points E3 and E4</default:td><default:td>Work <abbr title="Number">No.</abbr> 43B</default:td></default:tr><default:tr><default:td/><default:td>Lidsing Road between points F1 and F2</default:td><default:td>Work <abbr title="Number">No.</abbr> 43C</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH9 between points G1, G3 and G4</default:td><default:td>New footpath between points G1, G2 and G4</default:td></default:tr><default:tr><default:td/><default:td>Footpath KH634 between points H1 and H2</default:td><default:td>Work <abbr title="Number">No.</abbr> 43D</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parishes of Boxley and Bredhurst</default:td><default:td>Forge Lane between points H3 and H4</default:td><default:td>Work <abbr title="Number">No.</abbr> 43E</default:td></default:tr><default:tr><default:td>Borough of Gillingham, Town of Gillingham and Borough of Maidstone, Parish of Bredhurst</default:td><default:td>M2 westbound entry slip road between points A1 and A2</default:td><default:td>Work <abbr title="Number">No.</abbr> 44B</default:td></default:tr><default:tr><default:td/><default:td>M2 eastbound exit slip road between points A3 and A4</default:td><default:td>Work <abbr title="Number">No.</abbr> 44A</default:td></default:tr></default:tbody></default:table></foreign></tblock>Note: In the event that Work <abbr title="Number">No.</abbr> 38F is not carried out after Work <abbr title="Number">No.</abbr> 13C, references in column (3) of the table to Work <abbr title="Number">No.</abbr> 13C shall be construed as references to so much of it as lies between its junction with Work <abbr title="Number">No.</abbr> 38F and its termination.</wrapUp></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-12-part-II-crossheading-stopping-up-of-private-access-to-premises"><heading> Stopping up of private access to premises</heading><paragraph eId="schedule-12-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-12-paragraph-4-1"><num>(1)</num><intro>Subject to the provisions of this paragraph, the Secretary of State may, in connection with the construction of the A2 and M2 improvement works—</intro><level class="para1" eId="schedule-12-paragraph-4-1-a"><num>(a)</num><intro>stop up any private means of access to premises adjoining or adjacent to any land—</intro><level class="para2" eId="schedule-12-paragraph-4-1-a-i"><num>(i)</num><content>comprised in the route of any highway which becomes, by virtue of paragraph 6 below, a special road, or</content></level><level class="para2" eId="schedule-12-paragraph-4-1-a-ii"><num>(ii)</num><content>forming part of the site of any works authorised by this Part of this Act,</content></level><wrapUp>and</wrapUp></level><level class="para1" eId="schedule-12-paragraph-4-1-b"><num>(b)</num><content>provide a new means of access to any such premises.</content></level></subparagraph><subparagraph eId="schedule-12-paragraph-4-2"><num>(2)</num><intro>No means of access shall be stopped up under this paragraph unless the Secretary of State is satisfied—</intro><level class="para1" eId="schedule-12-paragraph-4-2-a"><num>(a)</num><content>that no access to the premises is reasonably required, or</content></level><level class="para1" eId="schedule-12-paragraph-4-2-b"><num>(b)</num><content>that another reasonably convenient means of access to the premises is available or will be provided under this paragraph or otherwise.</content></level></subparagraph><subparagraph eId="schedule-12-paragraph-4-3"><num>(3)</num><intro>In determining for the purposes of sub-paragraph (2) above whether a means of access to any premises from a highway is or will be reasonably convenient, the Secretary of State shall have regard—</intro><level class="para1" eId="schedule-12-paragraph-4-3-a"><num>(a)</num><content>to the need, if any, for a means of access from the highway to different places on those premises, and</content></level><level class="para1" eId="schedule-12-paragraph-4-3-b"><num>(b)</num><content>to any roads, paths or other ways on those or other premises which are or will be capable of providing such a means.</content></level></subparagraph><subparagraph eId="schedule-12-paragraph-4-4"><num>(4)</num><content>The provision under this paragraph of a new means of access to any premises from a highway includes the provision of a road, path or other way on those or any other premises.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-12-part-II-crossheading-temporary-interference-with-highways"><heading> Temporary interference with highways</heading><paragraph eId="schedule-12-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-12-paragraph-5-1"><num>(1)</num><content>The Secretary of State may, for the purpose of constructing the A2 and M2 improvement works, temporarily stop up, open, break up or interfere with, or alter or divert, the whole or any part of any highway within the limits of deviation for the works authorised by this Part of this Act or the limits of land to be acquired or used, and may carry out and do all necessary works and things for, or in connection with, the stopping up, opening, breaking up, interference, alteration or diversion and for keeping the highway open for traffic.</content></subparagraph><subparagraph eId="schedule-12-paragraph-5-2"><num>(2)</num><content>The Secretary of State shall provide reasonable access for all persons, with or without vehicles, going to or returning from premises abutting on any highway affected by the exercise of the powers conferred by this paragraph.</content></subparagraph></paragraph></hcontainer></part><part eId="schedule-12-part-III"><num>Part III</num><heading> Miscellaneous</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-12-part-III-crossheading-status-of-new-highways"><heading> Status of new highways</heading><paragraph eId="schedule-12-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-12-paragraph-6-1"><num>(1)</num><content>On the date on which this Act is passed the highways comprised in Works <abbr title="Numbers">Nos.</abbr> 33B, 36A, 36B, 36C, 36D, 37B, 39A, 39B, 39C, 39D and 42B shall become trunk roads and special roads for the exclusive use of traffic of Classes I and <abbr class="acronym" title="2">II</abbr> of the classes of traffic specified in Schedule 4 to the <noteRef href="#c1899611" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Highways Act 1980.</content></subparagraph><subparagraph eId="schedule-12-paragraph-6-2"><num>(2)</num><intro>The highways which become special roads by virtue of sub-paragraph (1) above shall be treated as provided by the Secretary of State under a scheme made by him under section 16 of the Highways Act 1980—</intro><level class="para1" eId="schedule-12-paragraph-6-2-a"><num>(a)</num><content>prescribing the route of those highways as the route of the special roads authorised by the scheme,</content></level><level class="para1" eId="schedule-12-paragraph-6-2-b"><num>(b)</num><content>prescribing the classes of traffic mentioned in that sub-paragraph, and</content></level><level class="para1" eId="schedule-12-paragraph-6-2-c"><num>(c)</num><content>specifying the date on which this Act is passed as the date on which those special roads were to become trunk roads.</content></level></subparagraph></paragraph><paragraph eId="schedule-12-paragraph-7" class="schProv1"><num>7</num><intro>On the date on which this Act is passed—</intro><level class="para1" eId="schedule-12-paragraph-7-a"><num>(a)</num><content>the highways comprised in Works <abbr title="Numbers">Nos.</abbr> 32A and 35A, and</content></level><level class="para1" eId="schedule-12-paragraph-7-b"><num>(b)</num><content>the highway comprised in Work <abbr title="Number">No.</abbr> 32B from the intersection of that work with Work <abbr title="Number">No.</abbr> 32C to its termination,</content></level><wrapUp>shall become trunk roads as if they had become so by virtue of an order under section 10(2) of the Highways Act 1980 specifying that date as the date on which they were to become trunk roads.</wrapUp></paragraph><paragraph eId="schedule-12-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-12-paragraph-8-1"><num>(1)</num><content>On the date certified by the Secretary of State as the date on which any highway constructed in pursuance of this Schedule, other than one to which paragraph 6 or 7 above applies, is open for public use, that highway shall be transferred to the Kent County Council and, following that transfer, shall be treated for the purposes of the Highways Act 1980 as if it had been so transferred by means of an order made under section 14(1)(b) or, as the case may be, 18(1)(d) of that Act.</content></subparagraph><subparagraph eId="schedule-12-paragraph-8-2"><num>(2)</num><content>The Secretary of State may classify any highway proposed to be constructed in pursuance of this Schedule, other than one to which paragraph 6 or 7 above applies, in any manner in which, and for any purposes for which, he could classify that highway under section 12(3) of that Act.</content></subparagraph><subparagraph eId="schedule-12-paragraph-8-3"><num>(3)</num><content>On the date of its transfer under sub-paragraph (1) above to the Kent County Council any highway classified under sub-paragraph (2) above shall become a highway classified in the manner and for the purposes in question as if so classified under section 12(3) of that Act.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-12-part-III-crossheading-status-of-operations-and-works"><heading> Status of operations and works</heading><paragraph eId="schedule-12-paragraph-9" class="schProv1"><num>9</num><intro>The construction by the Secretary of State of a highway in pursuance of this Part of this Act shall be treated as the construction of a highway authorised by, and in pursuance of—</intro><level class="para1" eId="schedule-12-paragraph-9-a"><num>(a)</num><content>a scheme under section 16 of the Highways Act 1980, in the case of the highways to which paragraph 6 above applies,</content></level><level class="para1" eId="schedule-12-paragraph-9-b"><num>(b)</num><content>section 24(1) of that Act, in the case of the highways to which paragraph 7 above applies, and</content></level><level class="para1" eId="schedule-12-paragraph-9-c"><num>(c)</num><content>an order under section 14 of that Act made in relation to the highways to which paragraph 7 above applies, in any other case.</content></level></paragraph><paragraph eId="schedule-12-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-12-paragraph-10-1"><num>(1)</num><intro>The following operations and works, namely—</intro><level class="para1" eId="schedule-12-paragraph-10-1-a"><num>(a)</num><content>the carrying out of any of the A2 and M2 improvement works which is not the construction of a highway,</content></level><level class="para1" eId="schedule-12-paragraph-10-1-b"><num>(b)</num><content>the stopping up of any highway in pursuance of Part II of this Schedule, and</content></level><level class="para1" eId="schedule-12-paragraph-10-1-c"><num>(c)</num><content>the stopping up of means of access to premises and the provision of new means of access in pursuance of Part II of this Schedule,</content></level><wrapUp>shall be treated as authorised by an order made by the Secretary of State under section 18 of the Highways Act 1980 in relation to the roads which become special roads by virtue of paragraph 6 above, and, in the case of operations and works falling within paragraph (c) above, as so authorised by virtue of section 125 of that Act.</wrapUp></subparagraph><subparagraph eId="schedule-12-paragraph-10-2"><num>(2)</num><intro>Subject to section 21 of that Act as it applies by virtue of sub-paragraph (1) above, the stopping up of any highway in pursuance of Part II of this Schedule shall not affect any rights—</intro><level class="para1" eId="schedule-12-paragraph-10-2-a"><num>(a)</num><content>of statutory undertakers in respect of any apparatus of theirs which immediately before the date on which this Act is passed is under, in, on, over, along or across that highway; or</content></level><level class="para1" eId="schedule-12-paragraph-10-2-b"><num>(b)</num><content>of any sewerage undertakers in respect of any sewers or sewage disposal works of theirs which immediately before that date are under, in, on, over, along or across that highway.</content></level></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-12-part-III-crossheading-treatment-of-provisions-of-this-schedule-for-highways-act-purposes"><heading> Treatment of provisions of this Schedule for Highways Act purposes</heading><paragraph eId="schedule-12-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-12-paragraph-11-1"><num>(1)</num><content>Where, by virtue of any of the provisions of this Part of this Schedule, any operation or work is to be treated as authorised by an order under section 14 or 18 of the Highways Act 1980, any provision of Parts I and <abbr class="acronym" title="2">II</abbr> of this Schedule relating to that operation or work shall be treated for the purposes of that Act as a provision of such an order.</content></subparagraph><subparagraph eId="schedule-12-paragraph-11-2"><num>(2)</num><content>The provisions of paragraph 6 above relating to highways which are to be treated by virtue of that paragraph as provided under a scheme made under section 16 of the <noteRef href="#c1899612" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Highways Act 1980 shall be treated for the purposes of that Act as provisions of such a scheme.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-12-part-III-crossheading-regulation-of-traffic-on-new-roads"><heading> Regulation of traffic on new roads</heading><paragraph eId="schedule-12-paragraph-12" class="schProv1"><num>12</num><subparagraph eId="schedule-12-paragraph-12-1"><num>(1)</num><content>Subject to sub-paragraph (2) below, any power under the <noteRef href="#c1899613" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Road Traffic Regulation Act 1984 to make an order or to give a direction with respect to any road shall be exercisable in relation to any road forming or forming part of any of the A2 and M2 improvement works before that road is open for public use, in any case where it appears to the Secretary of State to be expedient that the order or (as the case may be) the direction should have effect immediately on the road’s becoming open for public use.</content></subparagraph><subparagraph eId="schedule-12-paragraph-12-2"><num>(2)</num><content>The procedure otherwise applicable under that Act in relation to the making of any such order or the giving of any such direction shall apply in any such case with such modifications as the Secretary of State may determine; and he shall publish notice of those modifications in such manner as appears to him to be appropriate for bringing them to the notice of persons likely to be affected by the provisions of any such order or (as the case may be) by any such direction.</content></subparagraph></paragraph></hcontainer></part></hcontainer><hcontainer name="schedule" eId="schedule-13"><num>SCHEDULE 13<authorialNote class="referenceNote">Section 45.</authorialNote></num><heading> A2 and M2 Improvement Works: Purposes for which Certain Land may be Acquired or Used</heading><content><tblock class="table" ukl:Orientation="portrait"><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>(1)</default:th><default:th>(2)</default:th><default:th>(3)</default:th></default:tr><default:tr><default:th>Area</default:th><default:th>Number of land shown on deposited plans</default:th><default:th>Purpose for which land may be acquired or used</default:th></default:tr><default:tr><default:th colspan="3">COUNTY OF KENT</default:th></default:tr><default:tr><default:td>Borough of Gravesham, Parish of Cobham</default:td><default:td>34</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>40</default:td><default:td>The provision of a balancing pond, landscaping and planting and pumping station.</default:td></default:tr><default:tr><default:td/><default:td>42 (part)</default:td><default:td>The provision of a balancing pond, landscaping and planting and permanent access for maintenance purposes.</default:td></default:tr><default:tr><default:td/><default:td>42 (part)</default:td><default:td>The provision of a working site.</default:td></default:tr><default:tr><default:td>City of Rochester Upon Medway, Parish of Cuxton</default:td><default:td>11 to 18, 21, 22, 27 and 29</default:td><default:td>The provision of a working site, landscaping, planting and access for construction purposes.</default:td></default:tr><default:tr><default:td>City of Rochester Upon Medway, Town of Rochester</default:td><default:td>14</default:td><default:td>The provision of a working site, landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>65</default:td><default:td>The provision of a working site, landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>94 to 98</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td>Borough of Tonbridge and Malling, Parish of Aylesford</default:td><default:td>4</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>10 to 13</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>23 to 28</default:td><default:td>The provision of landscaping and permanent access to adjacent houses fronting Maidstone Road.</default:td></default:tr><default:tr><default:td/><default:td>198 (part), 216, 217, 218, 243, 247, 248 and 249</default:td><default:td>The provision of a new footbridge, landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>220 to 225</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>198 (part)</default:td><default:td>The provision of a working site, access for maintenance purposes, landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>256</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Boxley</default:td><default:td>2</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>22</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>26, 29 and 30</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>32</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>34</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td>Borough of Maidstone, Parish of Bredhurst</default:td><default:td>12 and 15</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>16</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td>Borough of Gillingham, Town of Gillingham</default:td><default:td>1, 6, 7, 8 and 9</default:td><default:td>The provision of landscaping and planting.</default:td></default:tr><default:tr><default:td/><default:td>5</default:td><default:td>The provision of a working site.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></hcontainer><hcontainer name="schedule" eId="schedule-14"><num> SCHEDULE 14<authorialNote class="referenceNote">Section 50.</authorialNote></num><heading> Overhead lines: consent</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-14-crossheading-scope-of-schedule"><heading> Scope of Schedule</heading><paragraph eId="schedule-14-paragraph-1" class="schProv1"><num>1</num><content>This Schedule applies to any electric line to which section 37(1) of the <noteRef href="#c1252307" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Electricity Act 1989 would apply, but for section 50(1) above.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-14-crossheading-consent-requirement"><heading> Consent requirement</heading><paragraph eId="schedule-14-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-14-paragraph-2-1"><num>(1)</num><content>An electric line to which this Schedule applies shall not be installed or kept installed above ground except in accordance with a consent granted by the appropriate Ministers.</content></subparagraph><subparagraph eId="schedule-14-paragraph-2-2"><num>(2)</num><content>Any person who without reasonable excuse contravenes the provisions of sub-paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.</content></subparagraph><subparagraph eId="schedule-14-paragraph-2-3"><num>(3)</num><content>No proceedings shall be instituted in respect of an offence under this paragraph except by or on behalf of the Secretary of State.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-14-crossheading-applications-for-consent"><heading> Applications for consent</heading><paragraph eId="schedule-14-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-14-paragraph-3-1"><num>(1)</num><intro>An application for consent under this Schedule shall be in writing and shall state—</intro><level class="para1" eId="schedule-14-paragraph-3-1-a"><num>(a)</num><content>the length of the electric line to which it relates,</content></level><level class="para1" eId="schedule-14-paragraph-3-1-b"><num>(b)</num><content>the nominal voltage of that line, and</content></level><level class="para1" eId="schedule-14-paragraph-3-1-c"><num>(c)</num><content>whether the application to any extent relates to exercise of the power conferred by paragraph 3(1) of Schedule 2 to this Act.</content></level></subparagraph><subparagraph eId="schedule-14-paragraph-3-2"><num>(2)</num><intro>An application for consent under this Schedule shall be accompanied by a map showing—</intro><level class="para1" eId="schedule-14-paragraph-3-2-a"><num>(a)</num><content>the land across which the electric line to which it relates is to be installed or kept installed, including details of the route of that line,</content></level><level class="para1" eId="schedule-14-paragraph-3-2-b"><num>(b)</num><content>the limits of deviation for the scheduled works and the limits of land to be acquired or used, so far as relevant to the application, and</content></level><level class="para1" eId="schedule-14-paragraph-3-2-c"><num>(c)</num><content>if the application to any extent relates to exercise of the power conferred by paragraph 3(1) of Schedule 2 to this Act, the extent to which it so relates.</content></level></subparagraph></paragraph><paragraph eId="schedule-14-paragraph-4" class="schProv1"><num>4</num><content>An application for consent under this Schedule shall be supplemented, if the appropriate Ministers so direct in writing, by such additional information as may be specified in the direction.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-14-crossheading-publicity"><heading> Publicity</heading><paragraph eId="schedule-14-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-14-paragraph-5-1"><num>(1)</num><content>A person applying for consent under this Schedule shall publish notice of the application in two successive weeks in one or more local newspapers circulating in the area in which the land to which the application relates is situated (or in areas which together include that area).</content></subparagraph><subparagraph eId="schedule-14-paragraph-5-2"><num>(2)</num><intro>A notice under sub-paragraph (1) above shall—</intro><level class="para1" eId="schedule-14-paragraph-5-2-a"><num>(a)</num><content>describe the route of the electric line to which the application relates,</content></level><level class="para1" eId="schedule-14-paragraph-5-2-b"><num>(b)</num><content>specify a place in the locality where a copy of the application may be inspected,</content></level><level class="para1" eId="schedule-14-paragraph-5-2-c"><num>(c)</num><content>state a time (not being less than 14 days from the date of publication) within which, and the manner in which, objections to the application may be made to the appropriate Ministers, and</content></level><level class="para1" eId="schedule-14-paragraph-5-2-d"><num>(d)</num><content>if it relates to an application by the nominated undertaker, explain the effect of paragraph 8(2)(b) below.</content></level></subparagraph><subparagraph eId="schedule-14-paragraph-5-3"><num>(3)</num><content>Sub-paragraph (1) above shall not apply to an application for consent under this Schedule which relates only to exercise of the power conferred by paragraph 3(1) of Schedule 2 to this Act.</content></subparagraph><subparagraph eId="schedule-14-paragraph-5-4"><num>(4)</num><content>If an application for consent under this Schedule relates partly to exercise of the power conferred by paragraph 3(1) of Schedule 2 to this Act, so much of the application as relates to exercise of that power shall be disregarded for the purposes of sub-paragraphs (1) and (2) above.</content></subparagraph><subparagraph eId="schedule-14-paragraph-5-5"><num>(5)</num><intro>If an application for consent under this Schedule is one in relation to which the applicant is subject to a duty under sub-paragraph (1) above, the appropriate Ministers shall not make any decision about the application until they are satisfied—</intro><level class="para1" eId="schedule-14-paragraph-5-5-a"><num>(a)</num><content>that the applicant has performed his duty under that provision, and</content></level><level class="para1" eId="schedule-14-paragraph-5-5-b"><num>(b)</num><content>that the time allowed by the notice under that provision for making objections to the application has expired.</content></level></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-14-crossheading-consultation"><heading> Consultation</heading><paragraph eId="schedule-14-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-14-paragraph-6-1"><num>(1)</num><intro>Within 14 days of receiving an application for consent under this Schedule, the appropriate Ministers shall invite the relevant planning authority to make representations and shall not make any decision about the application until—</intro><level class="para1" eId="schedule-14-paragraph-6-1-a"><num>(a)</num><content>they have received representations from the authority about it,</content></level><level class="para1" eId="schedule-14-paragraph-6-1-b"><num>(b)</num><content>they have been informed by the authority that it does not wish to make any representations about it, or</content></level><level class="para1" eId="schedule-14-paragraph-6-1-c"><num>(c)</num><content>28 days have elapsed since the date of the invitation.</content></level></subparagraph><subparagraph eId="schedule-14-paragraph-6-2"><num>(2)</num><content>An invitation under sub-paragraph (1) above shall specify the time limit for making representations.</content></subparagraph><subparagraph eId="schedule-14-paragraph-6-3"><num>(3)</num><intro>For the purposes of this paragraph, the relevant planning authority is—</intro><level class="para1" eId="schedule-14-paragraph-6-3-a"><num>(a)</num><content>in the case of a line in Greater London, the local planning authority, and</content></level><level class="para1" eId="schedule-14-paragraph-6-3-b"><num>(b)</num><content>in the case of a line in Essex or Kent, the district planning authority.</content></level></subparagraph></paragraph><paragraph eId="schedule-14-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-14-paragraph-7-1"><num>(1)</num><intro>If the appropriate Ministers consider that an application for consent under this Schedule relates to matters which may affect—</intro><level class="para1" eId="schedule-14-paragraph-7-1-a"><num>(a)</num><content>nature conservation,</content></level><level class="para1" eId="schedule-14-paragraph-7-1-b"><num>(b)</num><content>the conservation of the natural beauty or amenity of the countryside, or</content></level><level class="para1" eId="schedule-14-paragraph-7-1-c"><num>(c)</num><content>a site of archaeological or historic interest,</content></level><wrapUp>they shall, within 14 days of receiving the application, also invite the appropriate body or bodies to make representations.</wrapUp></subparagraph><subparagraph eId="schedule-14-paragraph-7-2"><num>(2)</num><intro>Where under sub-paragraph (1) above the appropriate Ministers have invited a body to make representations about an application for consent under this Schedule, they shall not make any decision about the application until—</intro><level class="para1" eId="schedule-14-paragraph-7-2-a"><num>(a)</num><content>they have received representations from the body about the request,</content></level><level class="para1" eId="schedule-14-paragraph-7-2-b"><num>(b)</num><content>they have been informed by the body that it does not wish to make any representations about the request, or</content></level><level class="para1" eId="schedule-14-paragraph-7-2-c"><num>(c)</num><content>14 days have elapsed since the date of the invitation.</content></level></subparagraph><subparagraph eId="schedule-14-paragraph-7-3"><num>(3)</num><content>An invitation under sub-paragraph (1) above shall specify the time limit for making representations.</content></subparagraph><subparagraph eId="schedule-14-paragraph-7-4"><num>(4)</num><content>For the purposes of this paragraph, the following are appropriate bodies in relation to the following matters—<tblock class="table" ukl:Orientation="portrait"><foreign><default:table xmlns="http://www.w3.org/1999/xhtml" xmlns:leg="http://www.legislation.gov.uk/namespaces/legislation"><default:tbody><default:tr><default:th>Matter</default:th><default:th>Body</default:th></default:tr><default:tr><default:td>Nature conservation.</default:td><default:td><ins class="substitution first last" ukl:ChangeId="key-33bfa5833a3d7295f762aca3a18be0f3-1479064654325" ukl:CommentaryRef="key-33bfa5833a3d7295f762aca3a18be0f3"><noteRef uk:name="commentary" href="#key-33bfa5833a3d7295f762aca3a18be0f3" class="commentary"/>Natural England.</ins></default:td></default:tr><default:tr><default:td>Conservation of the natural beauty or amenity of the countryside.</default:td><default:td>The <ins class="substitution first last" ukl:ChangeId="key-33bfa5833a3d7295f762aca3a18be0f3-1479064693765" ukl:CommentaryRef="key-33bfa5833a3d7295f762aca3a18be0f3"><noteRef uk:name="commentary" href="#key-33bfa5833a3d7295f762aca3a18be0f3" class="commentary"/>Nature conservation or conservation of the natural beauty or amenity of the countryside</ins>.</default:td></default:tr><default:tr><default:td>Sites of archaeological or historic interest.</default:td><default:td>The Historic Buildings and Monuments Commission for England.</default:td></default:tr></default:tbody></default:table></foreign></tblock></content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-14-crossheading-grant-of-consent"><heading> Grant of consent</heading><paragraph eId="schedule-14-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-14-paragraph-8-1"><num>(1)</num><content>This paragraph applies to an application for consent under this Schedule by the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-14-paragraph-8-2"><num>(2)</num><intro>An application to which this paragraph applies may only be refused—</intro><level class="para1" eId="schedule-14-paragraph-8-2-a"><num>(a)</num><content>to the extent that it relates to exercise of the power conferred by paragraph 3(1) of Schedule 2 to this Act, on the ground that the electric line ought to, and could reasonably, be installed elsewhere within the limits specified, in relation to the diversion concerned, in the third column of the table in paragraph 3(1) of Schedule 2 to this Act, and</content></level><level class="para1" eId="schedule-14-paragraph-8-2-b"><num>(b)</num><content>to the extent that it does not relate to exercise of that power, on the ground that the electric line ought to, and could reasonably, be installed elsewhere within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.</content></level></subparagraph></paragraph><paragraph eId="schedule-14-paragraph-9" class="schProv1"><num>9</num><content>A consent under this Schedule may include such conditions (including conditions as to the ownership and operation of the electric line to which it relates) as appear to the appropriate Ministers to be appropriate.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-14-crossheading-variation-and-revocation-of-consent"><heading> Variation and revocation of consent</heading><paragraph eId="schedule-14-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-14-paragraph-10-1"><num>(1)</num><content>A consent under this Schedule may be varied or revoked by the Secretary of State at any time after the end of such period as may be specified in the consent.</content></subparagraph><subparagraph eId="schedule-14-paragraph-10-2"><num>(2)</num><content>The period which may be specified under sub-paragraph (1) above shall not be less than 10 years from the date of installation of the electric line to which the consent relates.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-14-crossheading-duration-of-consent"><heading> Duration of consent</heading><paragraph eId="schedule-14-paragraph-11" class="schProv1"><num>11</num><content>Subject to paragraph 10 above, a consent under this Schedule shall continue in force for such period as may be specified in or determined by or under the consent.</content></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-14-crossheading-anticipatory-applications"><heading> Anticipatory applications</heading><paragraph eId="schedule-14-paragraph-12" class="schProv1"><num>12</num><subparagraph eId="schedule-14-paragraph-12-1"><num>(1)</num><intro>This paragraph applies where—</intro><level class="para1" eId="schedule-14-paragraph-12-1-a"><num>(a)</num><content>an application to the appropriate Ministers has been made in anticipation of the coming into force of this Schedule,</content></level><level class="para1" eId="schedule-14-paragraph-12-1-b"><num>(b)</num><content>the application was made on or after 31st October 1996, and</content></level><level class="para1" eId="schedule-14-paragraph-12-1-c"><num>(c)</num><intro>the person by, or on whose behalf, the application was made—</intro><level class="para2" eId="schedule-14-paragraph-12-1-c-i"><num>(i)</num><content>is specified under section 34(1) above for purposes consisting of or including the construction of any works,</content></level><level class="para2" eId="schedule-14-paragraph-12-1-c-ii"><num>(ii)</num><content>is a member of the same group as a person who is so specified, or</content></level><level class="para2" eId="schedule-14-paragraph-12-1-c-iii"><num>(iii)</num><content>is the holder of a licence under section 6 of the <noteRef href="#c1252311" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Electricity Act 1989.</content></level></level></subparagraph><subparagraph eId="schedule-14-paragraph-12-2"><num>(2)</num><intro>In that case—</intro><level class="para1" eId="schedule-14-paragraph-12-2-a"><num>(a)</num><content>the application,</content></level><level class="para1" eId="schedule-14-paragraph-12-2-b"><num>(b)</num><content>any notice of the application published by the applicant,</content></level><level class="para1" eId="schedule-14-paragraph-12-2-c"><num>(c)</num><content>any objections to the application made in response to any such notice,</content></level><level class="para1" eId="schedule-14-paragraph-12-2-d"><num>(d)</num><content>any invitation by the appropriate Ministers to make representations about the application, and</content></level><level class="para1" eId="schedule-14-paragraph-12-2-e"><num>(e)</num><content>any representations about the application, or statement about the wish to make representations about it, made in response to any such invitation,</content></level><wrapUp>shall have effect as if this Schedule had been in force at all material times.</wrapUp></subparagraph><subparagraph eId="schedule-14-paragraph-12-3"><num>(3)</num><content>In sub-paragraph (1)(c)(ii) above, “<term refersTo="#term-group" eId="term-group">group</term>” means a body corporate and all other bodies corporate which are its subsidiaries within the meaning of the <noteRef href="#c1252312" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Companies Act 1985.</content></subparagraph></paragraph></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="schedule-14-crossheading-interpretation"><heading> Interpretation</heading><paragraph eId="schedule-14-paragraph-13" class="schProv1"><num>13</num><content>In this Schedule, references to the appropriate Ministers are to <ins class="substitution first last" ukl:ChangeId="key-9b8abd893f11b15ad0e62e71469361b1-1686916335454" ukl:CommentaryRef="key-9b8abd893f11b15ad0e62e71469361b1"><noteRef uk:name="commentary" href="#key-9b8abd893f11b15ad0e62e71469361b1" class="commentary"/>the Secretary of State for Energy Security and Net Zero</ins> and <ins class="first last" ukl:ChangeId="d29p21268" ukl:CommentaryRef="c1252315"><noteRef uk:name="commentary" href="#c1252315" class="commentary"/>the Secretary of State for Transport</ins> acting jointly.</content></paragraph></hcontainer></hcontainer><hcontainer name="schedule" eId="schedule-15"><num>SCHEDULE 15<authorialNote class="referenceNote">Section 52.</authorialNote></num><heading> Protective Provisions</heading><part eId="schedule-15-part-I"><num>Part I</num><heading> Protection for Highways and Traffic</heading><paragraph eId="schedule-15-part-I-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-I-paragraph-1-1"><num>(1)</num><content>The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and the highway authority concerned, have effect for the protection of the highway authorities referred to in this Part.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-1-2"><num>(2)</num><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-highway" eId="term-highway">highway</term>” means a highway for which the local highway authority is the highway authority;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-plans" eId="term-plans">plans</term>” includes sections and specifications; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-property-of-the-highway-authority" eId="term-property-of-the-highway-authority">property of the highway authority</term>” means any apparatus of the highway authority affixed to or placed under any highway.</content></hcontainer></subparagraph><subparagraph eId="schedule-15-paragraph-1-3"><num>(3)</num><content>Part III of the <noteRef href="#c1252317" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991 shall not apply in relation to any matter which is regulated by this Part of this Schedule.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-I-paragraph-2" class="schProv1"><num>2</num><content>Wherever in this Part of this Schedule provision is made with respect to the approval or consent of the highway authority, that approval or consent shall be in writing and subject to such reasonable terms and conditions as the highway authority may require, but shall not be unreasonably withheld.</content></paragraph><paragraph eId="schedule-15-part-I-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-15-part-I-paragraph-3-1"><num>(1)</num><content>The nominated undertaker shall not exercise the powers conferred by paragraph 6(1) of Schedule 3 to this Act without the consent of the highway authority.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-3-2"><num>(2)</num><content><mod>In its application to this paragraph, paragraph 2 above shall have effect with the addition after “require” of <quotedText>“ in the interest of public safety or convenience ”</quotedText>.</mod></content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-3-3"><num>(3)</num><content>If within 28 days after a request for consent has been submitted the highway authority has not given or refused such consent, it shall be deemed to have consented to the request as submitted.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-3-4"><num>(4)</num><content>Where consent under this paragraph is given subject to a term or condition the performance of which is, or becomes, inconsistent with the performance by the nominated undertaker of any of the conditions to which the deemed planning permission is subject, the term or condition to which the consent under this paragraph is subject shall not have effect or, as the case may be, shall cease to have effect.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-3-5"><num>(5)</num><content>In sub-paragraph (4) above, the reference to the deemed planning permission is to the planning permission deemed by section 9 above to be granted.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-I-paragraph-4" class="schProv1"><num>4</num><intro>Before carrying out any work for the construction or maintenance of any part of the works authorised by Part I of this Act which will involve interference with a highway, or the traffic in any highway, or before temporarily stopping up any highway, the nominated undertaker shall consult the highway authority—</intro><level class="para1" eId="schedule-15-paragraph-4-a"><num>(a)</num><content>as to the time when the work shall be commenced, and as to the extent of the surface of the highway which it may be reasonably necessary for the nominated undertaker to occupy, or the nature of the interference which may be caused to traffic in the carrying out of the work, or as to the time during which, and the extent to which, the highway shall be stopped up (as the case may be), and</content></level><level class="para1" eId="schedule-15-paragraph-4-b"><num>(b)</num><content>as to the conditions under which the work shall be carried out or the highway shall be stopped up (as the case may be),</content></level><wrapUp>so as to reduce so far as reasonably practicable inconvenience to the public and to ensure the safety of the public.</wrapUp></paragraph><paragraph eId="schedule-15-part-I-paragraph-5" class="schProv1"><num>5</num><content>The nominated undertaker shall not, without the consent of the highway authority, construct any part of the works authorised by Part I of this Act under and within 8 metres of the surface of any highway which comprises a carriageway except in accordance with plans submitted to, and approved by, the highway authority and if within 28 days after such plans have been submitted the highway authority has not approved or disapproved them, it shall be deemed to have approved the plans as submitted.</content></paragraph><paragraph eId="schedule-15-part-I-paragraph-6" class="schProv1"><num>6</num><content>In the construction of any part of the said works under a highway no part thereof shall, except with the consent of the highway authority, be so constructed as to interfere with the provision of proper means of drainage of the surface of the highway or be nearer than two metres to the surface of the highway.</content></paragraph><paragraph eId="schedule-15-part-I-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-15-part-I-paragraph-7-1"><num>(1)</num><content>The provisions of this paragraph have effect in relation to, and to the construction of, any new bridge, or any extension or alteration of an existing bridge, carrying any part of the works authorised by Part I of this Act over a highway or carrying a highway over any part of those works; and any such new bridge, or (as the case may be) any bridge so extended or altered, is in this paragraph referred to as “<term refersTo="#term-the-bridge" eId="term-the-bridge">the bridge</term>”.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-7-2"><num>(2)</num><content>Before commencing the construction of, or the carrying out of any work in connection with, the bridge which involves interference with a highway, the nominated undertaker shall submit to the highway authority for its approval plans, drawings and particulars (in this paragraph referred to as “<term refersTo="#term-plans" eId="term-plans">plans</term>”) relating thereto, and the bridge shall not be constructed and the works shall not be carried out except in accordance with the plans submitted to, and approved by, the highway authority.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-7-3"><num>(3)</num><content>If within 28 days after the plans have been submitted the highway authority has not approved or disapproved them, it shall be deemed to have approved the plans as submitted.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-7-4"><num>(4)</num><intro>If the bridge carries any part of the works authorised by Part I of this Act over any highway—</intro><level class="para1" eId="schedule-15-paragraph-7-4-a"><num>(a)</num><content>it shall be constructed in such manner as to prevent so far as may be reasonably practicable the dripping of water from the bridge, and</content></level><level class="para1" eId="schedule-15-paragraph-7-4-b"><num>(b)</num><content>the highway authority may, at the cost of the nominated undertaker, provide and place such lamps and apparatus as may from time to time be reasonably necessary for efficiently lighting any highway under or in the vicinity of the bridge.</content></level></subparagraph></paragraph><paragraph eId="schedule-15-part-I-paragraph-8" class="schProv1"><num>8</num><content>The nominated undertaker shall secure that so much of the works authorised by Part I of this Act as is constructed under any highway shall be so designed, constructed and maintained as to carry the appropriate loading recommended for highway bridges by the Secretary of State at the time of construction of the works, and the nominated undertaker shall indemnify the highway authority against, and make good to the highway authority, the expenses which the highway authority may reasonably incur in the maintenance or repair of any highway, or any tunnels, sewers, drains or apparatus therein, by reason of non-compliance with the provisions of this paragraph.</content></paragraph><paragraph eId="schedule-15-part-I-paragraph-9" class="schProv1"><num>9</num><intro>Any officer of the highway authority duly appointed for the purpose may at all reasonable times, on giving to the nominated undertaker such notice as may in the circumstances be reasonable, enter upon and inspect any part of the works authorised by Part I of this Act which—</intro><level class="para1" eId="schedule-15-paragraph-9-a"><num>(a)</num><content>is in, over or under any highway, or</content></level><level class="para1" eId="schedule-15-paragraph-9-b"><num>(b)</num><content>which may affect any highway or any property of the highway authority,</content></level><wrapUp>during the carrying out of the work, and the nominated undertaker shall give to such officer all reasonable facilities for such inspection and, if he shall be of opinion that the construction of the work is attended with danger to any highway or to any property of the highway authority on or under any highway, the nominated undertaker shall adopt such measures and precautions as may be reasonably practicable for the purpose of preventing any damage or injury to the highway.</wrapUp></paragraph><paragraph eId="schedule-15-part-I-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-15-part-I-paragraph-10-1"><num>(1)</num><content>The nominated undertaker shall not alter, disturb or in any way interfere with any property of the highway authority on or under any highway, or the access thereto, without the consent of the highway authority, and any alteration, diversion, replacement or reconstruction of any such property which may be necessary shall be made by the highway authority or the nominated undertaker as the highway authority thinks fit, and the expense reasonably incurred by the highway authority in so doing shall be repaid to the highway authority by the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-10-2"><num>(2)</num><content>If within 28 days after a request for consent has been submitted the highway authority has not given or refused such consent, it shall be deemed to have consented to the request as submitted.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-I-paragraph-11" class="schProv1"><num>11</num><content>The nominated undertaker shall not remove any soil or material from any highway except so much as must be excavated in the carrying out of the works authorised by Part I of this Act.</content></paragraph><paragraph eId="schedule-15-part-I-paragraph-12" class="schProv1"><num>12</num><subparagraph eId="schedule-15-part-I-paragraph-12-1"><num>(1)</num><content>If the highway authority, after giving to the nominated undertaker not less than 28 days’ notice (or, in case of emergency, such notice as is reasonably practicable) of its intention to do so, incurs any additional expense in the signposting of traffic diversions or the taking of other measures in relation thereto, or in the repair of any highway by reason of the diversion thereto of traffic from a road of a higher standard, in consequence of the construction of the works authorised by Part I of this Act, the nominated undertaker shall repay to the highway authority the amount of any such expense reasonably so incurred.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-12-2"><num>(2)</num><content>An amount which apart from this sub-paragraph would be payable to the highway authority by virtue of this paragraph in respect of the repair of any highway shall, if the highway fell or would have fallen due for repair as part of the maintenance programme of the highway authority at any time within ten years of the repair being carried out by the nominated undertaker, so as to confer on the highway authority financial benefit (whether by securing the completion of overdue maintenance work for which the highway authority is liable or by deferment of the time for such work in the ordinary course), be reduced by the amount which represents that benefit.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-I-paragraph-13" class="schProv1"><num>13</num><subparagraph eId="schedule-15-paragraph-13-1"><num>(1)</num><content>The nominated undertaker shall not, except with the consent of the highway authority, deposit any soil or materials, or stand any plant, on or over any highway so as to obstruct or render less safe the use of the highway by any person, or, except with the like consent, deposit any soil or materials on any highway outside a hoarding, but if within 28 days after request therefor any such consent is neither given nor refused it shall be deemed to have been given.</content></subparagraph><subparagraph eId="schedule-15-paragraph-13-2"><num>(2)</num><content>The expense reasonably incurred by the highway authority in removing any soil or materials deposited on any highway in contravention of this paragraph shall be repaid to the highway authority by the nominated undertaker.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-I-paragraph-14" class="schProv1"><num>14</num><content>The nominated undertaker shall, if reasonably so required by the highway authority, provide and maintain to the reasonable satisfaction of the highway authority, during such time as the nominated undertaker may occupy any part of a highway for the purpose of the construction of any part of the works authorised by Part I of this Act, temporary bridges and temporary ramps for vehicular or pedestrian traffic over any part of the works or in such other position as may be necessary to prevent undue interference with the flow of traffic in the highway.</content></paragraph><paragraph eId="schedule-15-part-I-paragraph-15" class="schProv1"><num>15</num><subparagraph eId="schedule-15-part-I-paragraph-15-1"><num>(1)</num><content>Where any part of any highway has been broken up or disturbed by the nominated undertaker and not permanently stopped up or diverted the nominated undertaker shall make good the subsoil, foundations and surface of that part of the highway to the reasonable satisfaction of the highway authority, and shall maintain the same to the reasonable satisfaction of the highway authority for such time as may reasonably be required for the permanent reinstatement of the highway.</content></subparagraph><subparagraph eId="schedule-15-part-I-paragraph-15-2"><num>(2)</num><content>The reinstatement of that part of the highway shall be carried out by the nominated undertaker to the reasonable satisfaction of the highway authority in accordance with such requirements as to specification of material and standards of workmanship as may be prescribed for equivalent reinstatement work by regulations made under section 71 of the <noteRef href="#c1252318" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-I-paragraph-16" class="schProv1"><num>16</num><content>If any damage to any highway or any property of the highway authority on or under any highway is caused by, or results from, the construction of any work authorised by Part I of this Act or any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon such work, the nominated undertaker may, in the case of damage to a highway, make good such damage to the reasonable satisfaction of the highway authority and, where the nominated undertaker does not make good, or in the case of damage to property of the highway authority, the nominated undertaker shall make compensation to the highway authority.</content></paragraph><paragraph eId="schedule-15-part-I-paragraph-17" class="schProv1"><num>17</num><content>The fact that any act or thing may have been done in accordance with plans approved by the highway authority shall not (if it was not attributable to the act, neglect or default of the highway authority or of any person in its employ or its contractors or agents) exonerate the nominated undertaker from any liability, or affect any claim for damages, under this Part of this Schedule or otherwise.</content></paragraph><paragraph eId="schedule-15-part-I-paragraph-18" class="schProv1"><num>18</num><content>Any dispute arising between the nominated undertaker and the highway authority under this Part of this Schedule shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.</content></paragraph></part><part eId="schedule-15-part-II"><num> Part II</num><heading> Protection for Electricity, Gas, Water and Sewerage Undertakers</heading><paragraph eId="schedule-15-part-II-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-II-paragraph-1-1"><num>(1)</num><content>The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and the undertakers concerned, have effect.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-1-2"><num>(2)</num><hcontainer name="wrapper2"><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-alternative-apparatus" eId="term-alternative-apparatus">alternative apparatus</term>” means alternative apparatus adequate to enable the undertakers to fulfil their functions as effectively as is achievable using the apparatus which the alternative apparatus is to replace;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-apparatus" eId="term-apparatus">apparatus</term>” means—</content></hcontainer><level class="para1" eId="schedule-15-paragraph-1-2-a"><num>(a)</num><content>in the case of electricity undertakers, electric lines or electrical plant (as defined in the <noteRef href="#c1252320" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Electricity Act 1989) belonging to, or maintained by, such undertakers;</content></level><level class="para1" eId="schedule-15-paragraph-1-2-b"><num>(b)</num><content>in the case of gas undertakers, mains, pipes or other apparatus belonging to, or maintained by, a public gas transporter for the purposes of gas supply;</content></level><level class="para1" eId="schedule-15-paragraph-1-2-c"><num>(c)</num><content>in the case of water undertakers, mains, pipes or other apparatus belonging to, or maintained by, such undertakers for the purposes of water supply; and</content></level><level class="para1" eId="schedule-15-paragraph-1-2-d"><num>(d)</num><content>in the case of sewerage undertakers, any sewer, drain or works vested in a sewerage undertaker under the <noteRef href="#c1252321" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Industry Act 1991 and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works;</content></level></hcontainer><hcontainer name="wrapper2"><intro>(not being, except in paragraph 17 below, apparatus in respect of which the relations between the nominated undertaker and the undertakers are regulated by the provisions of Part III of the New Roads and Street Works Act 1991) and includes any structure for the lodging therein of apparatus or for giving access to apparatus;</intro><hcontainer name="definition"><content>“<term refersTo="#term-construction" eId="term-construction">construction</term>” includes execution, placing, altering, replacing, relaying and removal and, in its application to works which include or comprise any operation, means the carrying out of that operation;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-functions" eId="term-functions">functions</term>” includes powers and duties;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-in" eId="term-in">in</term>” in a context referring to apparatus in land includes under, over, across, along or upon land;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-plans" eId="term-plans">plans</term>” includes sections and method statements;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-service-obligations" eId="term-service-obligations">service obligations</term>” means any service obligation imposed on the undertakers by or under the enactments authorising them to carry on their respective undertakings; and</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-undertakers" eId="term-undertakers">undertakers</term>” means any of the following, namely, a licence holder within the meaning of Part I of the Electricity Act 1989, a public gas supplier within the meaning of Part I of the <noteRef href="#c1252322" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Gas Act 1986, a water undertaker within the meaning of the <noteRef href="#c1252323" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Industry Act 1991, a sewerage undertaker within Part I of that Act and any local authority which is a relevant authority for the purposes of section 97 of that Act; and, in relation to any apparatus, means the undertakers to whom it belongs or by whom it is maintained.</content></hcontainer></hcontainer></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-15-part-II-paragraph-2-1"><num>(1)</num><content>The following provisions of this paragraph have effect in any case where the Secretary of State or the nominated undertaker, in exercise of the powers of Part I of this Act, acquires any interest in or temporarily occupies any land in which apparatus is placed.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-2-2"><num>(2)</num><intro>Unless a certificate is issued by <ins class="first last" ukl:ChangeId="d29p21733" ukl:CommentaryRef="c1252331"><noteRef uk:name="commentary" href="#c1252331" class="commentary"/>the appropriate Minister</ins> under sub-paragraph (3) below the apparatus shall not be removed under this Part of this Schedule, and any right of the undertakers to maintain, repair, renew, adjust, alter or inspect the apparatus in that land shall not be extinguished—</intro><level class="para1" eId="schedule-15-part-II-paragraph-2-2-a"><num>(a)</num><content>in the case of a right to adjust or alter apparatus, until 28 days after the nominated undertaker has given the undertakers in whom the right is vested a preliminary notice under paragraph 4 below in respect of land to which the right relates, or, if earlier, the date on which the nominated undertaker commences any work on that land, and</content></level><level class="para1" eId="schedule-15-part-II-paragraph-2-2-b"><num>(b)</num><content>in any other case, until any necessary alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the undertakers.</content></level></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-2-3"><num>(3)</num><intro>Where <ins class="first last" ukl:ChangeId="d29p21755" ukl:CommentaryRef="c1252332"><noteRef uk:name="commentary" href="#c1252332" class="commentary"/>the appropriate Minister certifies</ins> in relation to any apparatus that—</intro><level class="para1" eId="schedule-15-part-II-paragraph-2-3-a"><num>(a)</num><content>failure to remove the apparatus would cause undue delay to the construction of the scheduled works, and</content></level><level class="para1" eId="schedule-15-part-II-paragraph-2-3-b"><num>(b)</num><content>the removal of the apparatus before the provision of alternative apparatus in accordance with this paragraph would not substantially prejudice the ability of the undertakers to meet any relevant service obligations,</content></level><wrapUp>that apparatus may be removed (or required by the nominated undertaker to be removed) under this Part of this Schedule before any necessary alternative apparatus has been constructed or is in operation to the reasonable satisfaction of the undertakers.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-2-4"><num><ins class="first" ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333"><noteRef uk:name="commentary" href="#c1252333" class="commentary"/>(4)</ins></num><intro><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333">In this paragraph, “appropriate Minister” means—</ins></intro><level class="para1" eId="schedule-15-part-II-paragraph-2-4-a"><num><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333">(a)</ins></num><content><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333">in cases relating to apparatus belonging to, or maintained by, electricity or gas undertakers, </ins><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333"><ins class="first last" ukl:ChangeId="d29p21786" ukl:CommentaryRef="c1252334"><noteRef uk:name="commentary" href="#c1252334" class="commentary"/>the Secretary of State for Transport</ins></ins><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333"> and </ins><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333"><ins class="substitution first last" ukl:ChangeId="key-464e187aae61b79fd494becc41276bc6-1686916484710" ukl:CommentaryRef="key-464e187aae61b79fd494becc41276bc6"><noteRef uk:name="commentary" href="#key-464e187aae61b79fd494becc41276bc6" class="commentary"/>the Secretary of State for Energy Security and Net Zero</ins></ins><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333"> acting jointly, and</ins></content></level><level class="para1" eId="schedule-15-part-II-paragraph-2-4-b"><num><ins ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333">(b)</ins></num><content><ins class="last" ukl:ChangeId="d29p21773" ukl:CommentaryRef="c1252333">in any other case, the Secretary of State.</ins></content></level></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-15-part-II-paragraph-3-1"><num>(1)</num><content>Before exercising any right to adjust or alter apparatus pursuant to paragraph 2(2) above the undertakers concerned shall give the nominated undertaker not less than 28 days’ written notice of the proposed alteration or adjustment, together with plans and specifications.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-3-2"><num>(2)</num><content>Any altered or adjusted apparatus shall be constructed in such line or situation, at such depth and in accordance with such specification as the nominated undertaker may reasonably require for the purpose of securing that (so far as reasonably practicable at the time the requirement is imposed) the apparatus as altered or adjusted will accommodate any work authorised by Part I of this Act.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-3-3"><num>(3)</num><intro>Such apparatus shall be constructed in such manner, and in accordance with such programme, as is agreed between the undertakers and the nominated undertaker with a view to securing, among other things—</intro><level class="para1" eId="schedule-15-part-II-paragraph-3-3-a"><num>(a)</num><content>the efficient implementation of the necessary work,</content></level><level class="para1" eId="schedule-15-part-II-paragraph-3-3-b"><num>(b)</num><content>the avoidance of delay or any other adverse effect on the programme for any works to be carried out by the nominated undertaker under Part I of this Act, and</content></level><level class="para1" eId="schedule-15-paragraph-3-3-c"><num>(c)</num><content>the continued fulfilment by the undertakers of their service obligations to a standard no less than that achieved prior to the making of the alteration or adjustment.</content></level></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-3-4"><num>(4)</num><content>If under sub-paragraph (2) above the nominated undertaker requires the altered or adjusted apparatus to be constructed in land other than that in which the undertakers have a right to construct it, paragraph 6(2) and (3) below shall apply to the provision of the requisite facilities and rights as if the apparatus were alternative apparatus.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-3-5"><num>(5)</num><content>If any requirement made by the nominated undertaker under sub-paragraph (2) above involves cost in the construction of works under this paragraph exceeding that which would have been involved had the apparatus been altered or adjusted as proposed by the undertakers, and in the absence of the undertakers’ proposals the nominated undertaker would have required the removal of the apparatus, the nominated undertaker shall repay to the undertakers the amount of the excess.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-4" class="schProv1"><num>4</num><content>The nominated undertaker shall give the undertakers not less than 28 days’ written preliminary notice of the nominated undertaker’s intention to give notice under paragraph 6(1)(a) below in respect of apparatus in any land.</content></paragraph><paragraph eId="schedule-15-part-II-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-15-part-II-paragraph-5-1"><num>(1)</num><content>If the undertakers desire to alter or adjust any apparatus which has not been the subject of a notice under paragraph 6(1)(a) below after the extinguishment of their right to do so, they shall (except in the case of works of repair or renewal required in an emergency) submit to the nominated undertaker plans and specifications of the proposed work and such further particulars as the nominated undertaker may reasonably require.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-5-2"><num>(2)</num><content>Any work in respect of which the undertakers are subject to an obligation under sub-paragraph (1) above shall not be constructed except in accordance with such plans as may be approved in writing by the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-5-3"><num>(3)</num><intro>Any approval of the nominated undertaker required under this paragraph—</intro><level class="para1" eId="schedule-15-paragraph-5-3-a"><num>(a)</num><content>shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the plans for approval, and</content></level><level class="para1" eId="schedule-15-paragraph-5-3-b"><num>(b)</num><content>may be given subject to such requirements as the nominated undertaker may make for the purpose of securing that the work does not interfere with the construction or operation of any work authorised by Part I of this Act or for the protection of any such work.</content></level></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-5-4"><num>(4)</num><content>The requirements which the nominated undertaker may make under sub-paragraph (3) above include requirements as to the construction of protective works and the person by whom the works are to be constructed.</content></subparagraph><subparagraph eId="schedule-15-paragraph-5-5"><num>(5)</num><content>Any work constructed under this paragraph shall be constructed with all reasonable despatch under the superintendence (if given) and to the reasonable satisfaction of the nominated undertaker.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-15-part-II-paragraph-6-1"><num>(1)</num><intro>This paragraph applies where—</intro><level class="para1" eId="schedule-15-part-II-paragraph-6-1-a"><num>(a)</num><content>the nominated undertaker for the purpose of constructing any work authorised by Part I of this Act in, on or under any land, requires the removal of any apparatus placed in that land, and gives the undertakers not less than 28 days’ written notice of that requirement, together with a plan of the proposed work, and of the proposed position of the alternative apparatus to be provided or constructed, or</content></level><level class="para1" eId="schedule-15-part-II-paragraph-6-1-b"><num>(b)</num><content>in consequence of the exercise of any of the powers of Part I of this Act, the undertakers reasonably require to remove any apparatus.</content></level></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-6-2"><num>(2)</num><content>Subject to sub-paragraph (3) below, the nominated undertaker or the Secretary of State shall afford the undertakers the requisite facilities and rights for the construction of any necessary alternative apparatus in other land which is available for the purpose and which is held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, or in which either of them has sufficient rights or interests and thereafter for the maintenance, repair, renewal and inspection of such apparatus.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-6-3"><num>(3)</num><content>Sub-paragraph (4) below applies where facilities and rights required for the construction of apparatus under sub-paragraph (2) above are to be afforded elsewhere than in such other land and neither the nominated undertaker nor the Secretary of State is able to afford such facilities and rights.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-6-4"><num>(4)</num><content>The undertakers shall, on receipt of a written notice from the nominated undertaker that this sub-paragraph applies, forthwith use their best endeavours to obtain the necessary facilities and rights; and neither the nominated undertaker nor the Secretary of State shall be under an obligation as to the provision of such facilities and rights in the other land.</content></subparagraph><subparagraph eId="schedule-15-paragraph-6-5"><num>(5)</num><content>The obligation imposed by sub-paragraph (4) above shall not extend to the exercise by the undertakers of any power to acquire by way of compulsory purchase order any land or rights in land, other than any power which may be exercisable by them under paragraph 10 of Schedule 4 to this Act.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-15-part-II-paragraph-7-1"><num>(1)</num><content>Any alternative apparatus to be constructed by the undertakers in pursuance of paragraph 6 above in land held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, or in which the undertakers have obtained the necessary facilities and rights, shall be constructed in such manner, and in such line or situation and in accordance with such programme, as is agreed between the undertakers and the nominated undertaker with a view to securing, among other things, the efficient implementation of the necessary work, the avoidance of unnecessary delay and the continued fulfilment by the undertakers of their service obligations to a standard no less than that achieved prior to the removal of the apparatus which the alternative apparatus replaces, or, in default of agreement, determined by arbitration under paragraph 18 below.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-7-2"><num>(2)</num><content>If the undertakers fail to comply with an agreement made under sub-paragraph (1) above, or with the decision of an arbitrator under paragraph 18 below, they shall be liable to compensate the nominated undertaker in respect of any loss or damage (other than loss of, or arising from delayed receipt of, operating revenue due to delayed opening of the rail link) directly resulting from the failure.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-8" class="schProv1"><num>8</num><content>The undertakers shall, after the manner of construction and the line and situation of any necessary alternative apparatus have been agreed or determined as aforesaid, and after the grant to or obtaining by the undertakers of any such facilities and rights as are referred to in paragraph 6 above, proceed with all reasonable despatch to construct and bring into operation the alternative apparatus and to remove any apparatus required by the nominated undertaker to be removed under the provisions of this Part of this Schedule and, in default, the nominated undertaker may remove that apparatus.</content></paragraph><paragraph eId="schedule-15-part-II-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-15-part-II-paragraph-9-1"><num>(1)</num><content>If the nominated undertaker gives notice in writing to the undertakers that it desires to carry out any part of so much of the work necessary in connection with the construction of the alternative apparatus, or the removal of the apparatus required to be removed, as is or will be situate in any lands held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, such work, instead of being carried out by the undertakers, shall be carried out by the nominated undertaker in accordance with plans and specifications and in a position agreed between the undertakers and the nominated undertaker, or, in default of agreement, determined by arbitration under paragraph 18 below, with all reasonable despatch under the superintendence (if given) and to the reasonable satisfaction of the undertakers.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-9-2"><num>(2)</num><content>Nothing in this paragraph shall authorise the nominated undertaker to carry out any connection to or disconnection of any existing apparatus.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-10" class="schProv1"><num>10</num><subparagraph eId="schedule-15-part-II-paragraph-10-1"><num>(1)</num><content>Where, in accordance with the provisions of this Part of this Schedule, the nominated undertaker or the Secretary of State affords to the undertakers facilities and rights for the construction, maintenance, repair, renewal and inspection on land held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State of alternative apparatus, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the nominated undertaker or, as the case may be, the Secretary of State, and the undertakers or, in default of agreement, determined by arbitration under paragraph 18 below.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-10-2"><num>(2)</num><intro>In determining such terms and conditions as aforesaid in respect of alternative apparatus to be constructed across or along any works authorised by Part I of this Act the arbitrator shall—</intro><level class="para1" eId="schedule-15-paragraph-10-2-a"><num>(a)</num><content>give effect to all reasonable requirements of the nominated undertaker for ensuring the safety and efficient operation of those works and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the nominated undertaker or the use of the same, and</content></level><level class="para1" eId="schedule-15-paragraph-10-2-b"><num>(b)</num><content>so far as it may be reasonable and practicable to do so in the circumstances of the case, give effect to the terms and conditions (if any) applicable to the apparatus for which the alternative apparatus is to be substituted and have regard to the undertakers’ ability to fulfil their service obligations.</content></level></subparagraph><subparagraph eId="schedule-15-paragraph-10-3"><num>(3)</num><content>If the facilities and rights to be afforded by the nominated undertaker or the Secretary of State in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted are, in the opinion of the arbitrator, more or less favourable on the whole to the undertakers than the facilities, rights, terms and conditions applying to the apparatus to be removed, the arbitrator shall make such provision for the payment of compensation to or by the nominated undertaker or the Secretary of State to or by the undertakers in respect thereof as appears to him to be reasonable having regard to all the circumstances of the case.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-15-part-II-paragraph-11-1"><num>(1)</num><content>Not less than 28 days before commencing to construct any work authorised by Part I of this Act which is near to, or will or may affect, any apparatus the removal of which has not been required by the nominated undertaker under paragraph 6 above, the nominated undertaker shall submit to the undertakers a plan and description of the work and of any protective measures which the nominated undertaker proposes to take in respect of that apparatus, together with a specification of such measures where appropriate.</content></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-11-2"><num>(2)</num><content>The work shall be constructed only in accordance with the plan and description submitted as aforesaid and in accordance with such reasonable requirements as may be made by the undertakers for the alteration or otherwise for the protection of the apparatus or for securing access thereto, and the undertakers shall be entitled by their officer to watch and inspect the construction of the work.</content></subparagraph><subparagraph eId="schedule-15-paragraph-11-3"><num>(3)</num><content>If the undertakers within 14 days after the submission to them of any such plan and description shall, in consequence of the works proposed by the nominated undertaker, reasonably require the removal of any apparatus and give written notice to the nominated undertaker of that requirement, this Part of this Schedule shall have effect as if the removal of such apparatus had been required by the nominated undertaker under paragraph 6 above.</content></subparagraph><subparagraph eId="schedule-15-paragraph-11-4"><num>(4)</num><content>Nothing in sub-paragraphs (1) to (3) above shall preclude the nominated undertaker from submitting at any time, or from time to time, but in no case less than 28 days before commencing the construction of the work, a new plan and description thereof in lieu of the plan and description previously submitted, and thereupon the provisions of those sub-paragraphs shall apply to and in respect of the new plan and description.</content></subparagraph><subparagraph eId="schedule-15-paragraph-11-5"><num>(5)</num><content>The nominated undertaker shall not be required to comply with sub-paragraphs (1) to (3) above in a case of emergency but in such a case it shall give notice to the undertakers as soon as reasonably practicable and a plan and description of those works as soon as reasonably practicable thereafter, and shall comply with those sub-paragraphs so far as reasonably practicable in the circumstances.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-12" class="schProv1"><num>12</num><content>If in consequence of the exercise of the powers of Part I of this Act the access to any apparatus is materially obstructed the nominated undertaker shall, so far as reasonably practicable, provide alternative means of access to such apparatus which is no less convenient than the access enjoyed by the undertakers prior to the obstruction.</content></paragraph><paragraph eId="schedule-15-part-II-paragraph-13" class="schProv1"><num>13</num><content>Where, in consequence of Part I of this Act, any part of any highway in which any apparatus is situate ceases to be part of a highway, the undertakers may exercise the same rights of access to such apparatus as they enjoyed immediately before the passing of Part I of this Act, but nothing in this paragraph shall affect any right of the nominated undertaker or of the undertakers to require removal of that apparatus under this Part of this Schedule or the power of the nominated undertaker to construct works in accordance with paragraph 11 above.</content></paragraph><paragraph eId="schedule-15-part-II-paragraph-14" class="schProv1"><num>14</num><subparagraph eId="schedule-15-paragraph-14-1"><num>(1)</num><intro>Subject to the following provisions of this paragraph, the nominated undertaker shall repay to the undertakers the reasonable expenses incurred by the undertakers in, or in connection with—</intro><level class="para1" eId="schedule-15-paragraph-14-1-a"><num>(a)</num><content>the removal and relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus under any provision of this Part of this Schedule,</content></level><level class="para1" eId="schedule-15-paragraph-14-1-b"><num>(b)</num><content>the cutting off of any apparatus from any other apparatus in consequence of the exercise by the nominated undertaker of any power under Part I of this Act, and</content></level><level class="para1" eId="schedule-15-paragraph-14-1-c"><num>(c)</num><content>any other work or thing rendered reasonably necessary in consequence of the exercise by the nominated undertaker of any such power.</content></level></subparagraph><subparagraph eId="schedule-15-paragraph-14-2"><num>(2)</num><content>There shall be deducted from any sum payable under sub-paragraph (1) above the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal.</content></subparagraph><subparagraph eId="schedule-15-paragraph-14-3"><num>(3)</num><intro>If in pursuance of the provisions of this Part of this Schedule—</intro><level class="para1" eId="schedule-15-paragraph-14-3-a"><num>(a)</num><content>alternative apparatus of better type, or greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions, except where this has been solely due to using the nearest currently available type, or</content></level><level class="para1" eId="schedule-15-paragraph-14-3-b"><num>(b)</num><content>apparatus (whether existing apparatus or alternative apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,</content></level><wrapUp>and the placing of apparatus of that type or capacity or of those dimensions, or the placing of apparatus at that depth, as the case may be, is not agreed by the nominated undertaker or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the construction of works under paragraph 6 above exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the undertakers by virtue of sub-paragraph (1) above shall be reduced by the amount of that excess.</wrapUp></subparagraph><subparagraph eId="schedule-15-paragraph-14-4"><num>(4)</num><intro>For the purposes of sub-paragraph (3) above—</intro><level class="para1" eId="schedule-15-paragraph-14-4-a"><num>(a)</num><content>an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended serves a purpose (either additional to or instead of that served by the existing apparatus) which was not served by the existing apparatus, and</content></level><level class="para1" eId="schedule-15-paragraph-14-4-b"><num>(b)</num><content>where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.</content></level></subparagraph><subparagraph eId="schedule-15-paragraph-14-5"><num>(5)</num><content>An amount which apart from this sub-paragraph would be payable to the undertakers in respect of works by virtue of this paragraph shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7½ years earlier so as to confer on the undertakers any financial benefit by deferment of the time for renewal of the apparatus or of the system of which it forms part in the ordinary course, be reduced by the amount which represents that benefit.</content></subparagraph><subparagraph eId="schedule-15-paragraph-14-6"><num>(6)</num><content>In any case where work is carried out by the nominated undertaker pursuant to paragraph 9 above and, if such work had been carried out by the undertakers, the repayment made to the undertakers under this paragraph would fall to be reduced pursuant to sub-paragraphs (3) to (5) above, the undertakers shall pay to the nominated undertaker such sum as represents the amount of that reduction.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-15" class="schProv1"><num>15</num><subparagraph eId="schedule-15-part-II-paragraph-15-1"><num>(1)</num><intro>Subject to sub-paragraphs (2) and (3) below, if by reason or in consequence of the construction of any of the works authorised by Part I of this Act, or any subsidence resulting from any of those works, any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of the undertakers, or there is any interruption in any service provided, or in the supply of any goods, by any of the undertakers, the nominated undertaker shall bear and pay the cost reasonably incurred by the undertakers in making good such damage or restoring the supply and shall—</intro><level class="para1" eId="schedule-15-paragraph-15-1-a"><num>(a)</num><content>make reasonable compensation to the undertakers for loss sustained by them, and</content></level><level class="para1" eId="schedule-15-paragraph-15-1-b"><num>(b)</num><content>indemnify the undertakers against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, the undertakers,</content></level><wrapUp>by reason or in consequence of any such damage or interruption.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-II-paragraph-15-2"><num>(2)</num><content>Nothing in sub-paragraph (1) above shall impose any liability on the nominated undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of the undertakers, their officers, servants, contractors or agents.</content></subparagraph><subparagraph eId="schedule-15-paragraph-15-3"><num>(3)</num><content>The undertakers shall give the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the consent of the nominated undertaker which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-II-paragraph-16" class="schProv1"><num>16</num><content>The nominated undertaker shall, so far as is reasonably practicable, so exercise its powers under paragraphs 6 and 7 of Schedule 2 to this Act as not to obstruct or render less convenient the access to any apparatus.</content></paragraph><paragraph eId="schedule-15-part-II-paragraph-17" class="schProv1"><num>17</num><content>Notwithstanding the temporary stopping up or diversion of any highway under paragraph 6 of Schedule 3 to this Act, the undertakers may do all such works and things in any such highway as may be reasonably necessary to enable them to inspect, repair, maintain, renew, remove or use any apparatus which at the time of the stopping up or diversion was in that highway.</content></paragraph><paragraph eId="schedule-15-part-II-paragraph-18" class="schProv1"><num>18</num><subparagraph eId="schedule-15-paragraph-18-1"><num>(1)</num><content>Any dispute arising between the nominated undertaker and the undertakers under this Part of this Schedule (other than a dispute under paragraph 5(1) to (4) above) shall be determined by an arbitrator who shall be appointed by agreement between the parties or, in default of such agreement, shall be the Secretary of State.</content></subparagraph><subparagraph eId="schedule-15-paragraph-18-2"><num>(2)</num><content>In determining any such dispute the arbitrator may, if he thinks fit, require the nominated undertaker to construct any temporary or other works so as to avoid, so far as reasonably possible, interference with the use of any apparatus.</content></subparagraph></paragraph></part><part eId="schedule-15-part-III"><num>Part III</num><heading> Protection of Land Drainage, Flood Defence, Water Resources and Fisheries</heading><paragraph eId="schedule-15-part-III-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-III-paragraph-1-1"><num>(1)</num><content>The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and the Agency, have effect.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-1-2"><num>(2)</num><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-the-agency" eId="term-the-agency">the Agency</term>” means the Environment Agency;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-construction" eId="term-construction">construction</term>” includes execution, placing, altering, replacing, relaying and removal;</content></hcontainer><hcontainer name="definition"><intro>“<term refersTo="#term-drainage-work" eId="term-drainage-work">drainage work</term>” means any watercourse and includes any land which is expected to provide flood storage capacity for any watercourse at intervals not less frequent than—</intro><level class="para1"><num>(a)</num><content>in the case of land in a rural area, once in 50 years, and</content></level><level class="para1"><num>(b)</num><content>in the case of land in an urban area, once in 100 years,</content></level><wrapUp>or, if more frequent, the appropriate return period for the watercourse for which capacity is provided, and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;</wrapUp></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-fishery" eId="term-fishery">fishery</term>” means any waters containing fish and fish in, or migrating to or from such waters and the spawn, spawning grounds or food of such fish;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-plans" eId="term-plans">plans</term>” includes sections, drawings, specifications and method statements;</content></hcontainer><hcontainer name="definition"><intro>“<term refersTo="#term-specified-work" eId="term-specified-work">specified work</term>” means so much of any permanent or temporary work authorised by Part I of this Act (which includes, for the avoidance of doubt, any dredging and any geotechnical investigations that may be undertaken) as is likely to—</intro><level class="para1"><num>(a)</num><content>affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;</content></level><level class="para1"><num>(b)</num><content>affect the flow, purity or quality of water in any watercourse or other surface waters or ground water;</content></level><level class="para1"><num>(c)</num><content>cause obstruction to the free passage of fish or damage to any fishery; or</content></level><level class="para1"><num>(d)</num><content>affect the conservation, distribution or use of water resources; and</content></level></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-watercourse" eId="term-watercourse">watercourse</term>” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer.</content></hcontainer></subparagraph></paragraph><paragraph eId="schedule-15-part-III-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-15-part-III-paragraph-2-1"><num>(1)</num><content>Before beginning to construct any specified work, the nominated undertaker shall submit to the Agency plans of the work and such further particulars available to it as the Agency may within 14 days of the submission of the plans reasonably require.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-2-2"><num>(2)</num><content>Any such specified work shall not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 12 below.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-2-3"><num>(3)</num><intro>Any approval of the Agency required under this paragraph—</intro><level class="para1" eId="schedule-15-part-III-paragraph-2-3-a"><num>(a)</num><content>shall not be unreasonably withheld;</content></level><level class="para1" eId="schedule-15-part-III-paragraph-2-3-b"><num>(b)</num><content>shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the plans for approval; and</content></level><level class="para1" eId="schedule-15-paragraph-2-3-c"><num>(c)</num><content>may be given subject to such reasonable requirements as the Agency may make for the protection of any drainage work or fishery or for the protection of water resources, or for the prevention of flooding or pollution.</content></level></subparagraph></paragraph><paragraph eId="schedule-15-part-III-paragraph-3" class="schProv1"><num>3</num><intro>The requirements which the Agency may make under paragraph 2 above include conditions requiring the nominated undertaker at its own expense to construct such protective works (including any new works as well as alterations to existing works) as are reasonably necessary—</intro><level class="para1" eId="schedule-15-paragraph-3-a"><num>(a)</num><content>to safeguard any drainage work against damage, or</content></level><level class="para1" eId="schedule-15-paragraph-3-b"><num>(b)</num><content>to secure that its efficiency for flood defence purposes is not impaired,</content></level><wrapUp>during the construction of the specified work.</wrapUp></paragraph><paragraph eId="schedule-15-part-III-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-15-part-III-paragraph-4-1"><num>(1)</num><content>Any specified work, and all protective works required by the Agency under paragraph 2 above, shall be constructed to the reasonable satisfaction of the Agency and the Agency shall be entitled by its officer to watch and inspect the construction of such works.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-4-2"><num>(2)</num><content>The nominated undertaker shall give to the Agency not less than 14 days’ notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is brought into use.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-4-3"><num>(3)</num><content>If any part of the works comprising a structure in, over or under a watercourse is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the Agency may by notice in writing require the nominated undertaker at the nominated undertaker’s own expense to comply with the requirements of this Part of this Schedule or (if the nominated undertaker so elects and the Agency in writing consents, such consent not to be unreasonably withheld) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-4-4"><num>(4)</num><content>Subject to sub-paragraph (5) below, if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (3) above is served upon the nominated undertaker, it has failed to begin taking steps to comply with the requirements of the notice and thereafter to make reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any expenditure incurred by it in so doing shall be recoverable from the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-4-5"><num>(5)</num><content>In the event of any dispute as to whether sub-paragraph (3) above is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency shall not except in an emergency exercise the powers conferred by sub-paragraph (4) above until the dispute has been finally determined.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-III-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-15-part-III-paragraph-5-1"><num>(1)</num><content>Any work constructed under Part I of this Act for the purpose of providing a flood defence shall be maintained to the reasonable satisfaction of the Agency by the person who has control of the work.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-5-2"><num>(2)</num><content>If any such work is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require that person to repair and restore the work, or any part thereof, or (if the person having control of the work so elects and the Agency in writing consents, such consent not to be unreasonably withheld), to remove the work and restore the site (including any sea defences) to its former condition, to such extent and within such limits as the Agency reasonably requires.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-5-3"><num>(3)</num><content>If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any work is served under sub-paragraph (2) above on the person who has control of that work, that person has failed to begin taking steps to comply with the reasonable requirements of the notice and has not thereafter made reasonably expeditious progress towards their implementation, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from that person.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-5-4"><num>(4)</num><content>In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2) above, the Agency shall not except in a case of immediate foreseeable need exercise the powers of sub-paragraph (3) above until the dispute has been finally determined.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-III-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-15-part-III-paragraph-6-1"><num>(1)</num><content>If by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes is impaired, or that work is otherwise damaged, so as to require remedial action, such impairment or damage shall be made good by the nominated undertaker to the reasonable satisfaction of the Agency.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-6-2"><num>(2)</num><content>If such impaired or damaged drainage work for flood defence purposes is not made good to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the nominated undertaker to restore it to its former standard of efficiency or where necessary to construct some other work in substitution therefor.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-6-3"><num>(3)</num><content>If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of impaired or damaged drainage work for flood defence purposes is served under sub-paragraph (2) above on the nominated undertaker, the nominated undertaker has failed to begin taking steps to comply with the requirements of the notice and has not thereafter made reasonably expeditious progress towards its implementation, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the nominated undertaker.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-6-4"><num>(4)</num><content>In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2) above, the Agency shall not except in a case of immediate foreseeable need exercise the powers conferred by sub-paragraph (3) above until the dispute has been finally determined.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-III-paragraph-7" class="schProv1"><num>7</num><subparagraph eId="schedule-15-part-III-paragraph-7-1"><num>(1)</num><content>The nominated undertaker shall take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in any fishery during the construction of any specified work.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-7-2"><num>(2)</num><intro>If by reason of—</intro><level class="para1" eId="schedule-15-paragraph-7-2-a"><num>(a)</num><content>the construction of any specified work, or</content></level><level class="para1" eId="schedule-15-paragraph-7-2-b"><num>(b)</num><content>the failure of any such work,</content></level><wrapUp>damage to a fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency may serve notice on the nominated undertaker requiring it to take such steps as may be reasonably practicable to make good the damage or, as the case may be, to protect the fishery against such damage.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-7-3"><num>(3)</num><content>If, within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Agency of any damage or expected damage to a fishery, the nominated undertaker fails to take such steps as are described in sub-paragraph (2) above, the Agency may take those steps and may recover from the nominated undertaker the expense reasonably incurred by it in doing so.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-7-4"><num>(4)</num><content>In any case where immediate action by the Agency is reasonably required in order to secure that the risk of damage to a fishery is avoided or reduced, the Agency may take such steps as are reasonable for the purpose, and may recover from the nominated undertaker the reasonable cost of so doing provided that notice specifying those steps is served on the nominated undertaker as soon as reasonably practicable after the Agency has taken, or commenced to take, the steps specified in the notice.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-III-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-15-part-III-paragraph-8-1"><num>(1)</num><intro>The nominated undertaker shall indemnify the Agency from all claims, demands, proceedings or damages, which may be made or taken against, or recovered from the Agency by reason of—</intro><level class="para1" eId="schedule-15-paragraph-8-1-a"><num>(a)</num><content>any damage to any drainage work so as to impair its efficiency for flood defence purposes,</content></level><level class="para1" eId="schedule-15-paragraph-8-1-b"><num>(b)</num><content>any damage to a fishery,</content></level><level class="para1" eId="schedule-15-paragraph-8-1-c"><num>(c)</num><content>any raising or lowering of the water table in land adjoining the works authorised by this Act or any sewers, drains and watercourses, or</content></level><level class="para1" eId="schedule-15-paragraph-8-1-d"><num>(d)</num><content>any flooding or increased flooding of any such lands,</content></level><wrapUp>which is caused by, or results from, the construction of any specified work or any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon the work.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-8-2"><num>(2)</num><content>The Agency shall give to the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the consent of the nominated undertaker which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-III-paragraph-9" class="schProv1"><num>9</num><content>Nothing in paragraph 8 above shall require the nominated undertaker to indemnify the Agency in respect of any claim, demand, proceedings or damages which the Agency could reasonably make, take against or recover from any other person.</content></paragraph><paragraph eId="schedule-15-part-III-paragraph-10" class="schProv1"><num>10</num><content>The fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by the Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not relieve the nominated undertaker from any liability under the provisions of this Part of this Schedule.</content></paragraph><paragraph eId="schedule-15-part-III-paragraph-11" class="schProv1"><num>11</num><content>For the purposes of section 5 of the <noteRef href="#c1252336" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879 and Chapter <abbr class="acronym" title="2">II</abbr> of Part II of the <noteRef href="#c1252337" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Resources Act 1991 (abstraction and impounding of water) and section 109 of that Act (as to structures in, over or under watercourses) as applying to the construction of any specified work, any consent or approval given or deemed to be given by the Agency under this Part of this Schedule with respect to such construction shall be deemed also to constitute an impounding licence under that Chapter or, as the case may be, a consent or approval under those sections, and the nominated undertaker shall not be obliged to serve any notice which would otherwise be required by section 30 of the said Act of 1991 (which relates to the construction of boreholes and similar works in respect of which a licence is not required).</content></paragraph><paragraph eId="schedule-15-part-III-paragraph-12" class="schProv1"><num>12</num><subparagraph eId="schedule-15-part-III-paragraph-12-1"><num>(1)</num><content>Any dispute arising between the nominated undertaker and the Agency under this Part of this Schedule shall, if the parties agree, be determined by arbitration, but shall otherwise be determined by <ins class="first last" ukl:ChangeId="d29p22612" ukl:CommentaryRef="c1252338"><noteRef uk:name="commentary" href="#c1252338" class="commentary"/>the appropriate Minister</ins>.</content></subparagraph><subparagraph eId="schedule-15-part-III-paragraph-12-2"><num><ins class="first" ukl:ChangeId="d29p22616" ukl:CommentaryRef="c1252339"><noteRef uk:name="commentary" href="#c1252339" class="commentary"/>(2)</ins></num><intro><ins ukl:ChangeId="d29p22616" ukl:CommentaryRef="c1252339">In sub-paragraph (1) above, the reference to the appropriate Minister—</ins></intro><level class="para1" eId="schedule-15-paragraph-12-2-a"><num><ins ukl:ChangeId="d29p22616" ukl:CommentaryRef="c1252339">(a)</ins></num><content><ins ukl:ChangeId="d29p22616" ukl:CommentaryRef="c1252339">in the case of a dispute concerning fisheries, flood defence or land drainage is to the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly, and</ins></content></level><level class="para1" eId="schedule-15-paragraph-12-2-b"><num><ins ukl:ChangeId="d29p22616" ukl:CommentaryRef="c1252339">(b)</ins></num><content><ins class="last" ukl:ChangeId="d29p22616" ukl:CommentaryRef="c1252339">in the case of any other dispute, is to the Secretary of State.</ins></content></level></subparagraph></paragraph></part><part eId="schedule-15-part-IV"><num>Part IV</num><heading><ins class="substitution first last" ukl:ChangeId="key-96fa65e34bb2a48d748affeabd1308a7-1519923335185" ukl:CommentaryRef="key-96fa65e34bb2a48d748affeabd1308a7"><noteRef uk:name="commentary" href="#key-96fa65e34bb2a48d748affeabd1308a7" class="commentary"/> Protection of electronic communications code operators</ins></heading><paragraph eId="schedule-15-part-IV-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-IV-paragraph-1-1"><num>(1)</num><content>The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and <ins class="substitution first last" ukl:ChangeId="M_F_d2f44bcf-7608-4242-d482-cd350b4bd8df-1478975108344" ukl:CommentaryRef="M_F_d2f44bcf-7608-4242-d482-cd350b4bd8df"><noteRef uk:name="commentary" href="#M_F_d2f44bcf-7608-4242-d482-cd350b4bd8df" class="commentary"/>an operator of an electronic communications code network</ins>, have effect.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-1-2"><num>(2)</num><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-the-authorised-works" eId="term-the-authorised-works">the authorised works</term>” means the works authorised by Part I of this Act;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-construction" eId="term-construction">construction</term>” includes installation and “<term refersTo="#term-construct" eId="term-construct">construct</term>” shall be construed accordingly;</content></hcontainer><hcontainer name="definition"><content><noteRef href="#M_F_f182129d-37fc-4eff-c252-691cf1443e76" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer><hcontainer name="definition"><content><noteRef href="#M_F_f182129d-37fc-4eff-c252-691cf1443e76" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer><hcontainer name="definition"><content><noteRef href="#M_F_f182129d-37fc-4eff-c252-691cf1443e76" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer></subparagraph></paragraph><paragraph eId="schedule-15-part-IV-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-15-part-IV-paragraph-2-1"><num>(1)</num><content><ins class="substitution first last" ukl:ChangeId="M_F_07a9b177-4356-40c7-d1b6-a57f687357ef-1519924876431" ukl:CommentaryRef="M_F_07a9b177-4356-40c7-d1b6-a57f687357ef"><noteRef uk:name="commentary" href="#M_F_07a9b177-4356-40c7-d1b6-a57f687357ef" class="commentary"/>Part 6 of Schedule 3A to the Communications Act 2003 (the electronic communications code)</ins> shall not apply for the purposes of the authorised works to the extent that such works are regulated by Part XI of the <noteRef href="#c1252342" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990, sections 84 and 85 of the <noteRef href="#c1252343" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991 (or regulations made under section 85 of that Act) or sub-paragraphs (3) to (8) of paragraph 4 below.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-2-2"><num>(2)</num><intro><ins class="substitution first last" ukl:ChangeId="M_F_cdf97bbe-8597-43d2-bb79-2786086ecd9c-1519924722378" ukl:CommentaryRef="M_F_cdf97bbe-8597-43d2-bb79-2786086ecd9c"><noteRef uk:name="commentary" href="#M_F_cdf97bbe-8597-43d2-bb79-2786086ecd9c" class="commentary"/>Part 10</ins> of the <ins class="substitution first last" ukl:ChangeId="key-332a823529b1e59e65dacf7ba83fab68-1478971855594" ukl:CommentaryRef="key-332a823529b1e59e65dacf7ba83fab68"><noteRef uk:name="commentary" href="#key-332a823529b1e59e65dacf7ba83fab68" class="commentary"/>electronic communications code</ins> shall apply for the purposes of the authorised works, save—</intro><level class="para1" eId="schedule-15-part-IV-paragraph-2-2-a"><num>(a)</num><content>insofar as such works are regulated by the <noteRef href="#c1252344" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991 or any regulation made under that Act; or</content></level><level class="para1" eId="schedule-15-part-IV-paragraph-2-2-b"><num>(b)</num><content>where the nominated undertaker exercises a right under subsection (4)(b) of section 272 of the <noteRef href="#c1252345" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Town and Country Planning Act 1990 or under an order made under that section to remove telecom- munications apparatus.</content></level></subparagraph></paragraph><paragraph eId="schedule-15-part-IV-paragraph-3" class="schProv1"><num>3</num><content>The temporary stopping up or diversion of any highway under paragraph 6 of Schedule 3 to this Act shall not affect any right of <ins class="substitution first last" ukl:ChangeId="key-c02de330873d8e17f19e8ec9fafdff6f-1478972221743" ukl:CommentaryRef="key-c02de330873d8e17f19e8ec9fafdff6f"><noteRef uk:name="commentary" href="#key-c02de330873d8e17f19e8ec9fafdff6f" class="commentary"/>an operator</ins> under <ins class="substitution first last" ukl:ChangeId="M_F_be77e7eb-6195-4cc8-a1d6-a35126dfd14b-1519924489020" ukl:CommentaryRef="M_F_be77e7eb-6195-4cc8-a1d6-a35126dfd14b"><noteRef uk:name="commentary" href="#M_F_be77e7eb-6195-4cc8-a1d6-a35126dfd14b" class="commentary"/>Part 8</ins> of the <ins class="substitution first last" ukl:ChangeId="key-332a823529b1e59e65dacf7ba83fab68-1478971877164" ukl:CommentaryRef="key-332a823529b1e59e65dacf7ba83fab68"><noteRef uk:name="commentary" href="#key-332a823529b1e59e65dacf7ba83fab68" class="commentary"/>electronic communications code</ins> in respect of any apparatus which at the time of the stopping up or diversion is in the highway.</content></paragraph><paragraph eId="schedule-15-part-IV-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-15-part-IV-paragraph-4-1"><num>(1)</num><content>Where a highway is stopped up under paragraph 1 or 2 of Schedule 3 to this Act, <ins class="substitution first last" ukl:ChangeId="key-050b25e060b68b37a599ed285680797a-1478972401733" ukl:CommentaryRef="key-050b25e060b68b37a599ed285680797a"><noteRef uk:name="commentary" href="#key-050b25e060b68b37a599ed285680797a" class="commentary"/>any operator of an electronic communications code network</ins> whose <ins class="substitution first last" ukl:ChangeId="key-ca3a514c6d17ab3cd16de18598408964-1478972084042" ukl:CommentaryRef="key-ca3a514c6d17ab3cd16de18598408964"><noteRef uk:name="commentary" href="#key-ca3a514c6d17ab3cd16de18598408964" class="commentary"/>electronic communications apparatus</ins> is under, over, in, on, along or across that highway may exercise the same rights of access in order to inspect, maintain, adjust, repair or alter that apparatus as if this Act had not been passed, but nothing in this sub-paragraph shall affect any right of the nominated undertaker or <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478972889412" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> to require removal of that apparatus under this Part of this Schedule or the power of the nominated undertaker to alter apparatus in accordance with <ins class="substitution first last" ukl:ChangeId="M_F_61eb0b2c-ef42-4e7a-a89a-d618680b5bd5-1519924221363" ukl:CommentaryRef="M_F_61eb0b2c-ef42-4e7a-a89a-d618680b5bd5"><noteRef uk:name="commentary" href="#M_F_61eb0b2c-ef42-4e7a-a89a-d618680b5bd5" class="commentary"/>Part 10</ins> of the <ins class="substitution first last" ukl:ChangeId="key-332a823529b1e59e65dacf7ba83fab68-1478971897064" ukl:CommentaryRef="key-332a823529b1e59e65dacf7ba83fab68"><noteRef uk:name="commentary" href="#key-332a823529b1e59e65dacf7ba83fab68" class="commentary"/>electronic communications code</ins>.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-4-2"><num>(2)</num><content>The nominated undertaker shall give not less than 28 days’ notice in writing of its intention to stop up any highway under paragraph 1 or 2 of Schedule 3 to this Act to <ins class="substitution first last" ukl:ChangeId="key-050b25e060b68b37a599ed285680797a-1478972663073" ukl:CommentaryRef="key-050b25e060b68b37a599ed285680797a"><noteRef uk:name="commentary" href="#key-050b25e060b68b37a599ed285680797a" class="commentary"/>any operator of an electronic communications code network</ins> whose apparatus is under, over, in, on, along or across the highway.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-4-3"><num>(3)</num><intro>Where a notice under sub-paragraph (2) above has been given, <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478972912022" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins>, if it reasonably considers that it is necessary for the safe and efficient operation and maintenance of the apparatus, may, and if reasonably requested so to do by the nominated undertaker in the notice, shall, as soon as reasonably practicable after the service of the notice—</intro><level class="para1" eId="schedule-15-paragraph-4-3-a"><num>(a)</num><content>remove the apparatus and place it or other apparatus provided in substitution for it in such other position as <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478973212482" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> may reasonably determine and have power to place it, or</content></level><level class="para1" eId="schedule-15-paragraph-4-3-b"><num>(b)</num><content>provide other apparatus in substitution for the existing apparatus and place it in such other position as aforesaid.</content></level></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-4-4"><num>(4)</num><intro>Subject to the following provisions of this paragraph the nominated undertaker shall pay to <ins class="substitution first last" ukl:ChangeId="key-050b25e060b68b37a599ed285680797a-1478972685743" ukl:CommentaryRef="key-050b25e060b68b37a599ed285680797a"><noteRef uk:name="commentary" href="#key-050b25e060b68b37a599ed285680797a" class="commentary"/>any operator of an electronic communications code network</ins> an amount equal to the cost reasonably incurred by <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478973301213" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> in or in connection with—</intro><level class="para1" eId="schedule-15-paragraph-4-4-a"><num>(a)</num><content>the execution of relocation works required in consequence of the stopping up of the highway, and</content></level><level class="para1" eId="schedule-15-paragraph-4-4-b"><num>(b)</num><content>the doing of any other work or thing rendered necessary by the execution of relocation works.</content></level></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-4-5"><num>(5)</num><intro>If in the course of the execution of relocation works under sub-paragraph (3) above—</intro><level class="para1" eId="schedule-15-paragraph-4-5-a"><num>(a)</num><content>apparatus of better type, greater capacity or greater dimensions is placed in substitution for existing apparatus of worse type, smaller capacity or smaller dimensions, except where this has been solely due to using the nearest currently available type, capacity or dimension, or</content></level><level class="para1" eId="schedule-15-paragraph-4-5-b"><num>(b)</num><content>apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which existing apparatus was,</content></level><wrapUp>and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the nominated undertaker, or, in default of agreement, is not determined by arbitration to be necessary in consequence of the construction of the authorised works in order to ensure the continued efficient operation of the <ins class="substitution first last" ukl:ChangeId="key-cf040167d98cde4acfa8d6e5426f0825-1478973673791" ukl:CommentaryRef="key-cf040167d98cde4acfa8d6e5426f0825"><noteRef uk:name="commentary" href="#key-cf040167d98cde4acfa8d6e5426f0825" class="commentary"/>electronic communications code network</ins> of <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478973341774" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this paragraph would be payable to <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478973370414" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> by virtue of sub-paragraph (4) above shall be reduced by the amount of that excess.</wrapUp></subparagraph><subparagraph eId="schedule-15-paragraph-4-6"><num>(6)</num><intro>For the purposes of sub-paragraph (5) above—</intro><level class="para1" eId="schedule-15-paragraph-4-6-a"><num>(a)</num><content>an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended provides more than an equivalent service, and</content></level><level class="para1" eId="schedule-15-paragraph-4-6-b"><num>(b)</num><content>where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole (in either case of such type, capacity and dimensions as shall reasonably be appropriate) shall be treated as if it also had been agreed or had been so determined.</content></level></subparagraph><subparagraph eId="schedule-15-paragraph-4-7"><num>(7)</num><content>The amount which apart from this sub-paragraph would be payable to <ins class="substitution first last" ukl:ChangeId="key-c02de330873d8e17f19e8ec9fafdff6f-1478972247533" ukl:CommentaryRef="key-c02de330873d8e17f19e8ec9fafdff6f"><noteRef uk:name="commentary" href="#key-c02de330873d8e17f19e8ec9fafdff6f" class="commentary"/>an operator</ins> in respect of works by virtue of sub-paragraph (4) above (and having regard, where relevant, to sub-paragraph (5) above) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7½ years earlier so as to confer on the telecom- munications operator any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.</content></subparagraph><subparagraph eId="schedule-15-paragraph-4-8"><num>(8)</num><intro>Sub-paragraphs (4) to (7) above shall not apply where the authorised works constitute major transport works or major highway works for the purpose of Part III of the <noteRef href="#c1252346" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>New Roads and Street Works Act 1991 (including that provision as applied by paragraph 8 of Schedule 3 to this Act), but instead—</intro><level class="para1" eId="schedule-15-paragraph-4-8-a"><num>(a)</num><content>the allowable costs of any relocation works shall be determined in accordance with section 85 of that Act (sharing of costs of necessary measures) and any regulations for the time being having effect under that section, and</content></level><level class="para1" eId="schedule-15-paragraph-4-8-b"><num>(b)</num><content>the allowable costs shall be borne by the nominated undertaker and <ins class="substitution first last" ukl:ChangeId="key-944e256864590166ce2dddf06b64381a-1478973399184" ukl:CommentaryRef="key-944e256864590166ce2dddf06b64381a"><noteRef uk:name="commentary" href="#key-944e256864590166ce2dddf06b64381a" class="commentary"/>the operator</ins> in such proportions as may be prescribed by any such regulations.</content></level></subparagraph></paragraph><paragraph eId="schedule-15-part-IV-paragraph-5" class="schProv1"><num>5</num><subparagraph eId="schedule-15-part-IV-paragraph-5-1"><num>(1)</num><intro>Subject to sub-paragraphs (2) to (4) below, if by reason or in consequence of the construction of the authorised works or any subsidence resulting from any of those works, any damage is caused to any <ins class="substitution first last" ukl:ChangeId="M_F_2f17b4c9-0056-4c7f-ba8c-b7987d58eae0-1479037998327" ukl:CommentaryRef="M_F_2f17b4c9-0056-4c7f-ba8c-b7987d58eae0"><noteRef uk:name="commentary" href="#M_F_2f17b4c9-0056-4c7f-ba8c-b7987d58eae0" class="commentary"/>electronic communications apparatus</ins>, other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works, or property of the <ins class="substitution first last" ukl:ChangeId="M_F_ceb990c7-45a1-4fa5-ecaf-6cf54e4019cb-1479038232808" ukl:CommentaryRef="M_F_ceb990c7-45a1-4fa5-ecaf-6cf54e4019cb"><noteRef uk:name="commentary" href="#M_F_ceb990c7-45a1-4fa5-ecaf-6cf54e4019cb" class="commentary"/>operator of an electronic communications code network</ins>, or there is any interruption in the supply of the service provided by the <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038316039" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins>, the nominated undertaker shall bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and shall—</intro><level class="para1" eId="schedule-15-paragraph-5-1-a"><num>(a)</num><content>make reasonable compensation to the <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038918739" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins> for loss sustained by it, and</content></level><level class="para1" eId="schedule-15-paragraph-5-1-b"><num>(b)</num><content>indemnify the <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038934409" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins> against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, the operator, by reason or in consequence of any such damage or interruption.</content></level></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-5-2"><num>(2)</num><content>Sub-paragraph (1) above shall not apply to any apparatus in respect of which the relations between the nominated undertaker and the <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038946179" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins> are regulated by the provisions of Part III of the New Roads and Street Works Act 1991 or to any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised works.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-5-3"><num>(3)</num><content>Nothing in sub-paragraph (1) above shall impose any liability on the nominated undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of the <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038955949" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins>, its officers, servants, contractors or agents.</content></subparagraph><subparagraph eId="schedule-15-part-IV-paragraph-5-4"><num>(4)</num><content>The <ins class="substitution first last" ukl:ChangeId="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1-1479038964799" ukl:CommentaryRef="M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1"><noteRef uk:name="commentary" href="#M_F_7c238151-4115-4b6b-e7d6-056c8f65a6f1" class="commentary"/>operator</ins> shall give the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the consent of the nominated undertaker which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-IV-paragraph-6" class="schProv1"><num>6</num><content>Any dispute arising under this Part of this Schedule shall be determined by an arbitrator who shall be appointed by agreement between the parties or, in default of such agreement, shall be the Secretary of State.</content></paragraph></part><part eId="schedule-15-part-V"><num>Part V</num><heading> Protection of Port of Sheerness Limited</heading><paragraph eId="schedule-15-part-V-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-V-paragraph-1-1"><num>(1)</num><content>The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and the port authority, have effect for the protection of the port authority.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-1-2"><num>(2)</num><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-construction" eId="term-construction">construction</term>” includes execution, placing, altering, replacing, relaying and removal;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-plans" eId="term-plans">plans</term>” includes sections, drawings, specifications and method statements;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-port-authority" eId="term-the-port-authority">the port authority</term>” means the Port of Sheerness Limited;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-river" eId="term-the-river">the river</term>” means the River Medway;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-operations" eId="term-operations">operations</term>” includes temporary works, dredging works and temporary mooring of vessels authorised by paragraph 11 of Schedule 2 to this Act;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-tidal-work" eId="term-tidal-work">tidal work</term>” means so much of any work authorised by Part I of this Act as is on or over the surface of land below the level of mean high water springs forming part of the river.</content></hcontainer></subparagraph></paragraph><paragraph eId="schedule-15-part-V-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-15-part-V-paragraph-2-1"><num>(1)</num><content>Before beginning any operations for the construction of any tidal work, the nominated undertaker shall submit to the port authority plans of the work and such further particulars available to it as the port authority may within 14 days of the submission of the plans reasonably require.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-2-2"><num>(2)</num><content>Such further particulars may include such relevant hydraulic and geological information as may be available to the nominated undertaker and is not in the possession of the port authority.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-2-3"><num>(3)</num><content>A tidal work shall not be constructed except in accordance with such plans as may be approved by the port authority or determined under paragraph 14 below.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-2-4"><num>(4)</num><intro>Any approval of the port authority required under this paragraph shall not be unreasonably withheld and—</intro><level class="para1" eId="schedule-15-part-V-paragraph-2-4-a"><num>(a)</num><content>shall be deemed to have been given if it is neither given nor refused (with an indication of the grounds for that refusal) within 28 days of the submission of the plans for approval; and</content></level><level class="para1" eId="schedule-15-part-V-paragraph-2-4-b"><num>(b)</num><content>may be given subject to such reasonable requirements as the port authority may make for the protection of traffic in, or the flow or regime of, the river.</content></level></subparagraph></paragraph><paragraph eId="schedule-15-part-V-paragraph-3" class="schProv1"><num>3</num><content>The nominated undertaker shall carry out all operations for the construction of any tidal works with all reasonable despatch to the reasonable satisfaction of the port authority (and shall promptly remove all temporary works as soon as the same are no longer required) so that river traffic shall not suffer more interference than is reasonably practicable and the port authority shall be entitled by its officer at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect such operations.</content></paragraph><paragraph eId="schedule-15-part-V-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-15-part-V-paragraph-4-1"><num>(1)</num><content>The nominated undertaker shall not, without the consent of the port authority, deposit in, or allow to fall or be washed into, the river any gravel, soil or other material.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-4-2"><num>(2)</num><intro>Any consent of the port authority under this paragraph shall not be unreasonably withheld and—</intro><level class="para1" eId="schedule-15-part-V-paragraph-4-2-a"><num>(a)</num><content>shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the request therefor; and</content></level><level class="para1" eId="schedule-15-part-V-paragraph-4-2-b"><num>(b)</num><content>may be given subject to such reasonable requirements as the port authority may make for the protection of navigation in, or the flow or regime of, the river.</content></level></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-4-3"><num>(3)</num><content>In its application to the discharge of water into the river, paragraph 9(5) of Schedule 2 to this Act shall have effect subject to the terms of any conditions attached to a consent given under this paragraph.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-4-4"><num>(4)</num><content>Nothing in this paragraph authorises the doing of anything prohibited by section 85(1), (2) or (3) of the <noteRef href="#c1252347" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Resources Act 1991 (offences of polluting controlled waters).</content></subparagraph></paragraph><paragraph eId="schedule-15-part-V-paragraph-5" class="schProv1"><num>5</num><content>If any pile, stump or other obstruction to navigation becomes exposed in the course of constructing any tidal work (other than a pile, stump or other obstruction on the site of any permanent work), the nominated undertaker shall, as soon as reasonably practicable after the receipt of notice in writing from the port authority requiring such action, remove it from the river or, if it is not reasonably practicable to remove it, cut it off at such level below the bed of the river (not being more than two metres below bed level in the main navigation channel or one metre below bed level elsewhere in the river) as the port authority may reasonably direct and in the absence of such action within a reasonable period of time the port authority may carry out the removal and recover its reasonable expenses in so doing from the nominated undertaker.</content></paragraph><paragraph eId="schedule-15-part-V-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-15-part-V-paragraph-6-1"><num>(1)</num><intro>If—</intro><level class="para1" eId="schedule-15-part-V-paragraph-6-1-a"><num>(a)</num><content>by reason of the construction of any tidal work, it is necessary for the port authority to incur costs in altering, removing, resiting or reinstating relevant existing moorings, or laying down and removing relevant substituted moorings, or carrying out dredging operations for any such purpose not being costs which it would have incurred for any other reason; and</content></level><level class="para1" eId="schedule-15-part-V-paragraph-6-1-b"><num>(b)</num><content>the port authority gives to the nominated undertaker not less than 28 days’ notice of its intention to incur such costs, and takes into account any representations which the nominated undertaker may make in response to the notice within 14 days of the receipt of the notice;</content></level><wrapUp>the nominated undertaker shall pay the costs reasonably so incurred by the port authority.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-6-2"><num>(2)</num><content>For the purpose of this paragraph “<term refersTo="#term-relevant-moorings" eId="term-relevant-moorings">relevant moorings</term>” are moorings which are owned by the port authority, or moorings which are licensed by the port authority and in respect of which it is under an obligation to provide substitute moorings.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-V-paragraph-7" class="schProv1"><num>7</num><content>The nominated undertaker shall, at or near every tidal work, exhibit such lights, lay down such buoys and take such other steps for preventing danger to navigation as the port authority may from time to time reasonably require.</content></paragraph><paragraph eId="schedule-15-part-V-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-15-part-V-paragraph-8-1"><num>(1)</num><content>If any tidal work is abandoned or falls into decay, the port authority may by notice in writing to the nominated undertaker require it, either to repair and restore the work or any part of it, or (if the nominated undertaker no longer requires the work) to remove the work and restore the site to its former condition to such extent as the port authority reasonably requires.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-8-2"><num>(2)</num><intro>If—</intro><level class="para1" eId="schedule-15-part-V-paragraph-8-2-a"><num>(a)</num><content>a work which consists of a tidal work and non-tidal work is abandoned or falls into decay; and</content></level><level class="para1" eId="schedule-15-part-V-paragraph-8-2-b"><num>(b)</num><content>the non-tidal work is in such a condition as to interfere with the right of navigation in the river,</content></level><wrapUp>the port authority may include the non-tidal work, or any part of it, in any notice under this paragraph.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-8-3"><num>(3)</num><content>In sub-paragraph (2) above, references to a non-tidal work are to so much of any work authorised by Part I of this Act as is on or over land above the level of mean high water springs.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-8-4"><num>(4)</num><content>If after such reasonable period as may be specified in a notice under this paragraph the work specified in the notice has not been carried out, the port authority may carry out that work and the nominated undertaker shall pay the amount of any expenditure reasonably incurred by the port authority in so carrying it out.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-V-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-15-part-V-paragraph-9-1"><num>(1)</num><content>Without prejudice to the provisions of paragraph 7 above, the nominated undertaker shall provide, or afford reasonable facilities for the port authority to provide and maintain, at the viaduct over the river comprised in Work <abbr title="Number">No.</abbr> 13, such navigational lights or other apparatus for the benefit of navigation as the port authority may reasonably consider necessary by reason of construction of the viaduct or the carrying out of operations for its construction.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-9-2"><num>(2)</num><content>The nominated undertaker shall pay to the port authority the costs reasonably incurred by it in connection with the provision and maintenance of that apparatus.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-V-paragraph-10" class="schProv1"><num>10</num><content>On the completion of the construction of the viaduct over the river comprised in Work <abbr title="Number">No.</abbr> 13 the nominated undertaker shall supply to the port authority a plan and sections and cross-sections on an appropriate scale showing the situation and level of the viaduct over the river.</content></paragraph><paragraph eId="schedule-15-part-V-paragraph-11" class="schProv1"><num>11</num><content>The nominated undertaker shall not, except for the purpose of constructing a tidal work or any connected works, remove any gravel, soil or other materials from the bed, shores or banks of the river without the previous consent of the port authority signified in writing under the hand of its secretary (such consent not to be unreasonably withheld), but nothing in this paragraph shall prevent the use by the nominated undertaker of any gravel, soil or other material so removed for the purposes of the construction of other tidal works or any connected works.</content></paragraph><paragraph eId="schedule-15-part-V-paragraph-12" class="schProv1"><num>12</num><subparagraph eId="schedule-15-part-V-paragraph-12-1"><num>(1)</num><content>The nominated undertaker shall indemnify the port authority from all claims, demands, proceedings or damages which may be made or given against or recovered from the port authority by reason of any damage to the river or its banks or any works or apparatus of the port authority in the river which is caused by or results from the construction of any tidal work or any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon the work, and from any costs reasonably incurred by the port authority in making good such damage.</content></subparagraph><subparagraph eId="schedule-15-part-V-paragraph-12-2"><num>(2)</num><content>The port authority shall give to the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the consent of the nominated undertaker which, if it notifies the port authority that it desires to do so, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.</content></subparagraph><subparagraph eId="schedule-15-paragraph-12-3"><num>(3)</num><content>Nothing in sub-paragraph (1) above shall impose any liability on the nominated undertaker in respect of silting or scouring.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-V-paragraph-13" class="schProv1"><num>13</num><content>Nothing in paragraph 12 above shall impose any liability on the nominated undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of the port authority, its officers, servants, contractors or agents, but the fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by the port authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not (in the absence of negligence on the part of the port authority, its officers, servants, contractors or agents) relieve the nominated undertaker from any liability under the provisions of this Part of this Schedule.</content></paragraph><paragraph eId="schedule-15-part-V-paragraph-14" class="schProv1"><num>14</num><content>Any dispute arising between the nominated undertaker and the port authority under this Part of this Schedule shall, if the parties agree, be determined by arbitration, but shall otherwise be determined by the Secretary of State.</content></paragraph></part><part eId="schedule-15-part-VI"><num>Part VI</num><heading> Protection of <ins class="substitution first last" ukl:ChangeId="key-2e33c11d90630522d3378ca6eaf6c679-1479179105406" ukl:CommentaryRef="key-2e33c11d90630522d3378ca6eaf6c679"><noteRef uk:name="commentary" href="#key-2e33c11d90630522d3378ca6eaf6c679" class="commentary"/>Canal & River Trust</ins></heading><paragraph eId="schedule-15-part-VI-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-VI-paragraph-1-1"><num>(1)</num><content>The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179284066" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, have effect.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-1-2"><num>(2)</num><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content><noteRef href="#M_F_78a8ccfc-ed2c-4a88-de3f-3ddabb807c07" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>...</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-canal" eId="term-the-canal">the canal</term>” means the Regent’s Canal (including the <abbr title="Saint">St.</abbr> Pancras Yacht Basin), the River Lee Navigation or the Waterworks River as the case may be, insofar as any of those waterways is owned or managed by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179409316" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, and includes any works connected therewith for the maintenance of which <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179604497" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> is responsible and any lands held or used by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179717728" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> for the purposes of the canal;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-construction" eId="term-construction">construction</term>” includes execution, placing, altering, replacing and relaying and includes removal;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-plans" eId="term-plans">plans</term>” includes sections, drawings, specifications and method statements;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-specified-work" eId="term-specified-work">specified work</term>” means so much of any permanent or temporary work authorised by Part I of this Act as is in, across, under, over or in the vicinity of the canal.</content></hcontainer></subparagraph></paragraph><paragraph eId="schedule-15-part-VI-paragraph-2" class="schProv1"><num>2</num><content>The Secretary of State shall not under the powers of section 4 above acquire compulsorily any land of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179432796" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> or any easement or other right over such land in the London Boroughs of Camden, Islington, Hackney or Newham other than such land, or easements or other rights thereover, as is reasonably necessary for, or in connection with, the construction, maintenance or operation of works authorised by Part I of this Act.</content></paragraph><paragraph eId="schedule-15-part-VI-paragraph-3" class="schProv1"><num>3</num><subparagraph eId="schedule-15-part-VI-paragraph-3-1"><num>(1)</num><content>Before beginning to construct any specified work, the nominated undertaker shall submit to <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179450576" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> plans of the work and such further particulars available to it as <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179621227" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> may within 14 days of the submission of the plans reasonably require.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-3-2"><num>(2)</num><content>Any specified work shall not be constructed except in accordance with such plans as may be approved in writing by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179732818" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> or determined under paragraph 11 below.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-3-3"><num>(3)</num><intro>Any approval of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179830618" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> required under this paragraph shall not be unreasonably withheld and—</intro><level class="para1" eId="schedule-15-part-VI-paragraph-3-3-a"><num>(a)</num><content>shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the plans for approval; and</content></level><level class="para1" eId="schedule-15-part-VI-paragraph-3-3-b"><num>(b)</num><content>may be given subject to such reasonable requirements as <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179903418" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> may make for the purpose of ensuring the safety or stability of the canal, including requirements as to the construction of protective works.</content></level></subparagraph></paragraph><paragraph eId="schedule-15-part-VI-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-15-part-VI-paragraph-4-1"><num>(1)</num><content>Any specified work, and any protective works required by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179467436" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> under paragraph 3(3)(b) above, shall be constructed with all reasonable despatch to the reasonable satisfaction of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179640557" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, and in such manner as to cause as little damage to the canal as may be reasonably practicable and as little interference as may be reasonably practicable with the passage of vessels using the canal, and <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179749918" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> shall be entitled by its officer at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect the construction of such work or works.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-4-2"><num>(2)</num><content>The nominated undertaker shall give to <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179851028" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> not less than 28 days’ notice in writing of its intention to commence construction of any specified work or any protective works and also, except in emergency (when the nominated undertaker shall give such notice as may be reasonably practicable), of its intention to carry out any works for the repair or maintenance of any specified work insofar as such works of repair or maintenance affect or interfere with the canal.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-VI-paragraph-5" class="schProv1"><num>5</num><content>In constructing the bridge, or bridges, forming parts of Works <abbr title="Numbers">Nos.</abbr> 1AA, 1BB, 1CC, 1DD, 1EE, 3B and 3C over the canal, the nominated undertaker shall ensure that the soffit of any bridge at its lowest point is at a level of not less than 26.28 metres above Ordnance Datum Newlyn.</content></paragraph><paragraph eId="schedule-15-part-VI-paragraph-6" class="schProv1"><num>6</num><subparagraph eId="schedule-15-part-VI-paragraph-6-1"><num>(1)</num><intro>The nominated undertaker shall not deposit any polluting material on, in or over the canal and shall not without the consent of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179481716" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>—</intro><level class="para1" eId="schedule-15-part-VI-paragraph-6-1-a"><num>(a)</num><content>deposit any other materials on, in or over the canal; or</content></level><level class="para1" eId="schedule-15-part-VI-paragraph-6-1-b"><num>(b)</num><content>notwithstanding anything in paragraph 9 of Schedule 2 to this Act (which authorises the discharge of water in connection with the construction or maintenance of works authorised under Part I of this Act), discharge any water directly or indirectly into the canal.</content></level></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-6-2"><num>(2)</num><intro>Any consent of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179661378" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> required under this paragraph shall not be unreasonably withheld and—</intro><level class="para1" eId="schedule-15-paragraph-6-2-a"><num>(a)</num><content>shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the request therefor; and</content></level><level class="para1" eId="schedule-15-paragraph-6-2-b"><num>(b)</num><intro>may be given subject to such reasonable requirements as <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179767968" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> may make—</intro><level class="para2" eId="schedule-15-paragraph-6-2-b-i"><num>(i)</num><content>in the case of a deposit, so as to ensure that the use of the canal is not obstructed or rendered less safe, and</content></level><level class="para2" eId="schedule-15-paragraph-6-2-b-ii"><num>(ii)</num><content>in the case of a discharge, concerning the reimbursement by the nominated undertaker of expenses incurred by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179868568" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> in disposing of the water so discharged, being expenses which <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179923058" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> would not have incurred but for the discharge.</content></level></level></subparagraph></paragraph><paragraph eId="schedule-15-part-VI-paragraph-7" class="schProv1"><num>7</num><content>In its application to the discharge of water into the canal, paragraph 9(5) of Schedule 2 to this Act shall have effect subject to the terms of any conditions attached to the consent under paragraph 6(2) above and, where such discharge includes a deposit to which consent has been given under paragraph 6(1) above, to any conditions attached to that consent.</content></paragraph><paragraph eId="schedule-15-part-VI-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-15-part-VI-paragraph-8-1"><num>(1)</num><content>If as a result of the construction of any specified work any part of the towing path beside the canal, or any public right of way giving access thereto, is temporarily closed to pedestrians or cyclists and there is no way which provides a reasonable alternative, the nominated undertaker shall, so far as reasonably practicable and to the extent that it is consistent with safety, provide a substitute path or paths for such time as the closure continues.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-8-2"><num>(2)</num><content>This paragraph is without prejudice to the requirements of paragraph 6(2) of Schedule 3 to this Act and of paragraph 3(1) of Part I of this Schedule.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-VI-paragraph-9" class="schProv1"><num>9</num><subparagraph eId="schedule-15-part-VI-paragraph-9-1"><num>(1)</num><content>The nominated undertaker shall indemnify <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179497437" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> from all claims, demands, proceedings or damages, which may be made or given against, or recovered from <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179677878" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> by reason of any damage to the canal which is caused by, or results from, the construction of any specified work or protective work or any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon the work and from any costs reasonably incurred in making good such damage.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-9-2"><num>(2)</num><content><ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179781378" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> shall give to the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the consent of the nominated undertaker which, if it notifies <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179883688" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> that it desires to do so, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-VI-paragraph-10" class="schProv1"><num>10</num><content>Nothing in paragraph 9 above shall impose any liability on the nominated undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179514667" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, its officers, servants, contractors or agents but the fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179693268" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not (in the absence of negligence on the part of <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179802838" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins>, its officers, servants, contractors or agents) relieve the nominated undertaker from any liability under the provisions of this Part of this Schedule.</content></paragraph><paragraph eId="schedule-15-part-VI-paragraph-11" class="schProv1"><num>11</num><subparagraph eId="schedule-15-part-VI-paragraph-11-1"><num>(1)</num><content>Any dispute arising between the nominated undertaker and <ins class="substitution first last" ukl:ChangeId="key-ac77e279309c952b46d6220f6ab223a2-1479179532377" ukl:CommentaryRef="key-ac77e279309c952b46d6220f6ab223a2"><noteRef uk:name="commentary" href="#key-ac77e279309c952b46d6220f6ab223a2" class="commentary"/>Canal & River Trust</ins> under this Part of this Schedule shall, if the parties agree, be determined by arbitration, but shall otherwise be determined by <ins class="first last" ukl:ChangeId="d29p23477" ukl:CommentaryRef="c1252349"><noteRef uk:name="commentary" href="#c1252349" class="commentary"/>the appropriate Minister</ins>.</content></subparagraph><subparagraph eId="schedule-15-part-VI-paragraph-11-2"><num><ins class="first" ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350"><noteRef uk:name="commentary" href="#c1252350" class="commentary"/>(2)</ins></num><intro><ins ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350">In sub-paragraph (1) above, the reference to the appropriate Minister—</ins></intro><level class="para1" eId="schedule-15-paragraph-11-2-a"><num><ins ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350">(a)</ins></num><content><ins ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350">in the case of a dispute concerning land drainage or flood defence, is to the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly, and</ins></content></level><level class="para1" eId="schedule-15-paragraph-11-2-b"><num><ins ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350">(b)</ins></num><content><ins class="last" ukl:ChangeId="d29p23481" ukl:CommentaryRef="c1252350">in the case of any other dispute, is to the Secretary of State.</ins></content></level></subparagraph></paragraph></part><part eId="schedule-15-part-VII"><num>Part VII</num><heading> Protection of Port of London Authority</heading><paragraph eId="schedule-15-part-VII-paragraph-1" class="schProv1"><num>1</num><subparagraph eId="schedule-15-part-VII-paragraph-1-1"><num>(1)</num><content>The provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and the Port Authority, have effect for the protection of the Port Authority and the users of the river.</content></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-1-2"><num>(2)</num><intro>In this Part of this Schedule—</intro><hcontainer name="definition"><content>“<term refersTo="#term-construction" eId="term-construction">construction</term>” includes execution, placing, altering, replacing, relaying and removal and, in its application to works which include or comprise any operation, means the carrying out of that operation;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-operations" eId="term-operations">operations</term>” includes temporary works, dredging and mooring of vessels authorised by paragraph 11 of Schedule 2 to this Act;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-plans" eId="term-plans">plans</term>” includes sections, drawings, specifications and method statements;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-port-authority" eId="term-the-port-authority">the Port Authority</term>” means the Port of London Authority;</content></hcontainer><hcontainer name="definition"><content>“<term refersTo="#term-the-river" eId="term-the-river">the river</term>” means the waters within the limits of the port of London as described in Schedule 1 to the <noteRef href="#c1252352" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Port of London Act 1968;</content></hcontainer><hcontainer name="definition"><intro>“<term refersTo="#term-specified-work" eId="term-specified-work">specified work</term>” means so much of any permanent or temporary work authorised by Part I of this Act (which includes, for the avoidance of doubt, any removal of gravel or other material, any dredging or similar work and any geotechnical investigations that may be undertaken) as is on, in, under or over—</intro><level class="para1"><num>(a)</num><content>the surface of land below the level of mean high water springs forming part of the river; or</content></level><level class="para1"><num>(b)</num><content>any land owned, occupied or used by the Port Authority for operational purposes.</content></level></hcontainer></subparagraph></paragraph><paragraph eId="schedule-15-part-VII-paragraph-2" class="schProv1"><num>2</num><subparagraph eId="schedule-15-part-VII-paragraph-2-1"><num>(1)</num><content>Before beginning any operations for the construction of any specified work, the nominated undertaker shall submit to the Port Authority plans of the work and such further particulars available to it as the Port Authority may within 14 days of the submission of the plans reasonably require.</content></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-2-2"><num>(2)</num><content>A specified work shall not be constructed except in accordance with such plans as may be approved by the Port Authority or determined under paragraph 10 below.</content></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-2-3"><num>(3)</num><intro>Any approval of the Port Authority required under this paragraph shall not be unreasonably withheld and—</intro><level class="para1" eId="schedule-15-part-VII-paragraph-2-3-a"><num>(a)</num><content>shall be deemed to be given if it is neither given nor refused (with an indication of the grounds for refusal) within 28 days of the submission of the plans; and</content></level><level class="para1" eId="schedule-15-part-VII-paragraph-2-3-b"><num>(b)</num><intro>may be given subject to such reasonable requirements as the Port Authority may make for the protection of—</intro><level class="para2" eId="schedule-15-paragraph-2-3-b-i"><num>(i)</num><content>traffic in, or the flow or regime of, the river; or</content></level><level class="para2" eId="schedule-15-paragraph-2-3-b-ii"><num>(ii)</num><content>the use of its operational land for the purposes of performing its statutory functions.</content></level></level></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-2-4"><num>(4)</num><content>The requirement for approval under this paragraph does not constitute any specified work a work subject to any of the controls in Part V of the Port of London Act 1968.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-VII-paragraph-3" class="schProv1"><num>3</num><content>The nominated undertaker shall carry out all operations for the construction of any specified work with all reasonable despatch to the reasonable satisfaction of the Port Authority so that river traffic and the exercise of the Port Authority’s statutory functions shall not suffer more interference than is reasonably practicable and the Port Authority shall be entitled by its officer at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect such operations other than any operation relating to Work <abbr title="Number">No.</abbr> 10.</content></paragraph><paragraph eId="schedule-15-part-VII-paragraph-4" class="schProv1"><num>4</num><subparagraph eId="schedule-15-part-VII-paragraph-4-1"><num>(1)</num><content>The nominated undertaker shall not, without the consent of the Port Authority, deposit in, or allow to fall or be washed into, the river any gravel, soil or other material.</content></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-4-2"><num>(2)</num><intro>Any consent of the Port Authority under this paragraph shall not be unreasonably withheld and—</intro><level class="para1" eId="schedule-15-part-VII-paragraph-4-2-a"><num>(a)</num><content>shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the request therefor; and</content></level><level class="para1" eId="schedule-15-part-VII-paragraph-4-2-b"><num>(b)</num><content>may be given subject to such reasonable requirements as the Port Authority may make for the protection of navigation in, or the flow or regime of, the river.</content></level></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-4-3"><num>(3)</num><content>In its application to the discharge of water into the river, paragraph 9(5) of Schedule 2 to this Act shall have effect subject to the terms of any conditions attached to a consent given under this paragraph.</content></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-4-4"><num>(4)</num><content>Nothing in this paragraph authorises the doing of anything prohibited by section 85(1), (2) or (3) of the <noteRef href="#c1252353" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Water Resources Act 1991 (offences of polluting controlled waters).</content></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-4-5"><num>(5)</num><content>The requirement for consent under this paragraph does not constitute any specified work or any operation a work or operation subject to any of the controls in Part V of the <noteRef href="#c1252354" uk:name="commentary" ukl:Name="CommentaryRef" class="commentary"/>Port of London Act 1968.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-VII-paragraph-5" class="schProv1"><num>5</num><content>If any pile, stump or other obstruction to navigation becomes exposed in the course of constructing any specified work (other than a pile, stump or other obstruction on the site of any permanent work), the nominated undertaker shall, as soon as reasonably practicable after the receipt of notice in writing from the Port Authority requiring such action, remove it from the river or, if it is not reasonably practicable to remove it, cut it off at such level below the bed of the river (not being more than two metres below the bed of the river) as the Port Authority may reasonably direct.</content></paragraph><paragraph eId="schedule-15-part-VII-paragraph-6" class="schProv1"><num>6</num><intro>If—</intro><level class="para1" eId="schedule-15-paragraph-6-a"><num>(a)</num><content>by reason of the construction of any specified work it is reasonably necessary for the Port Authority to incur costs in altering, removing, resiting or reinstating existing moorings owned by the Port Authority, or laying down and removing substituted moorings, or carrying out dredging operations for any such purpose, not being costs which it would have incurred for any other reason; and</content></level><level class="para1" eId="schedule-15-paragraph-6-b"><num>(b)</num><content>the Port Authority gives to the nominated undertaker not less than 28 days’ notice of its intention to incur such costs, and take into account any representations which the nominated undertaker may make in response to the notice within 14 days of the receipt of the notice;</content></level><wrapUp>the nominated undertaker shall pay the costs reasonably so incurred by the Port Authority.</wrapUp></paragraph><paragraph eId="schedule-15-part-VII-paragraph-7" class="schProv1"><num>7</num><content>The nominated undertaker shall, at or near every specified work, and any other work of which the nominated undertaker is in possession in exercise of any of the powers of Part I of this Act, being in either case a work which is below the level of mean high water springs, exhibit such lights, lay down such buoys and take such other steps for preventing danger to navigation as the Port Authority may from time to time reasonably require.</content></paragraph><paragraph eId="schedule-15-part-VII-paragraph-8" class="schProv1"><num>8</num><subparagraph eId="schedule-15-part-VII-paragraph-8-1"><num>(1)</num><content>If any specified work or any other work of which the nominated undertaker is in possession in exercise of any of the powers of Part I of this Act, being in either case a work which is below the level of mean high water springs is abandoned, the Port Authority may by notice in writing require the nominated undertaker to take such reasonable steps as may be specified in the notice to remove the work and (to such extent as the Port Authority reasonably requires) to restore the site to its former condition.</content></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-8-2"><num>(2)</num><intro>If any specified work which is below the level of mean high water springs is in such condition that it is, or is likely to become, a danger to or to interfere with navigation in the river, the Port Authority may by notice in writing require the nominated undertaker to take such reasonable steps as may be specified in the notice—</intro><level class="para1" eId="schedule-15-part-VII-paragraph-8-2-a"><num>(a)</num><content>to repair and restore the work or part of it, or</content></level><level class="para1" eId="schedule-15-part-VII-paragraph-8-2-b"><num>(b)</num><content>if the nominated undertaker so elects, to remove the work and (to such extent as the Port Authority reasonably requires) to restore the site to its former condition.</content></level></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-8-3"><num>(3)</num><intro>If—</intro><level class="para1" eId="schedule-15-paragraph-8-3-a"><num>(a)</num><content>a specified work which consists of a tidal work and a non-tidal work is abandoned or falls into decay; and</content></level><level class="para1" eId="schedule-15-paragraph-8-3-b"><num>(b)</num><content>the non-tidal work is in such a condition as to interfere with the right of navigation in the river;</content></level><wrapUp>the Port Authority may include the non-tidal work, or any part of it, in any notice under this paragraph.</wrapUp></subparagraph><subparagraph eId="schedule-15-part-VII-paragraph-8-4"><num>(4)</num><content>In sub-paragraph (3) above “<term refersTo="#term-tidal-work" eId="term-tidal-work">tidal work</term>” means so much of any specified work as is below the level of mean high water springs and “<term refersTo="#term-non-tidal-work" eId="term-non-tidal-work">non-tidal work</term>” means so much of any such work as is above that level.</content></subparagraph><subparagraph eId="schedule-15-paragraph-8-5"><num>(5)</num><content>If after such reasonable period as may be specified in a notice under this paragraph the nominated undertaker has failed to begin taking steps to comply with the requirements of the notice or after beginning has failed to make reasonably expeditious progress towards their implementation, the Port Authority may carry out the works specified in the notice and any expenditure reasonably incurred by it in so doing shall be recoverable from the nominated undertaker.</content></subparagraph></paragraph><paragraph eId="schedule-15-part-VII-paragraph-9" class="schProv1"><num>9</num><content>Paragraph 9(4) of Schedule 2 to this Act shall apply to any discharge of water under paragraph 9(1) of that Schedule in connection with the construction or maintenance of a specified work notwithstanding that the part of the river affected by the discharge is not a main river.</content></paragraph><paragraph eId="schedule-15-part-VII-paragraph-10" class="schProv1"><num>10</num><content>Any dispute arising between the nominated undertaker and the Port Authority under this Part of this Schedule shall, if the parties agree, be determined by arbitration but shall otherwise be determined by the Secretary of State.</content></paragraph></part></hcontainer></hcontainer>