The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013

• (12) The production of a printed copy of any byelaws made under this article on which is endorsed a certificate purporting to be signed by a person duly authorised by the promoter stating—

• (a) that the byelaws were made by the promoter;

• (b) that the copy is a true copy of the byelaws;

• (c) that on a specified date the byelaws were confirmed by the Secretary of State; and

• (d) the date when the byelaws came into operation,

is rebuttable evidence of the facts stated in the certificate.

Power to contract for police services

44

• (1) The promoter may enter into any agreement with a police authority and its chief officer for the police force maintained by that authority to provide policing services for or in connection with the transport systems, including at any rapid transit premises or harbour railway premises.

• (2) Any such agreement may provide for—

• (a) the promoter to make such payment or other consideration for those policing services as the parties may agree; and

• (b) such incidental and ancillary matters as the parties consider appropriate.

• (3) In this article—

• (a) “chief officer” means a chief officer of police within the meaning of the Police Act 1996[^f00024] or the Chief Constable of the British Transport Police Force; and

• (b) “police authority” means a police authority within the meaning of that Act or the British Transport Police Authority within the meaning of the Railways and Transport Safety Act 2003[^f00025].

Powers of disposal, agreements for operation, etc.

45

• (1) The promoter may, with the consent of the Secretary of State, enter into agreements—

• (a) to transfer, charge or otherwise dispose of to another person (“the transferee”) any interest of the promoter in the authorised works or the promoter’s right to construct, maintain, use or operate the authorised works; or

• (b) to grant to another person (“the lessee”) for a period agreed between the promoter and the lessee any interest of the promoter in the authorised works or the promoter’s right to construct, maintain, use or operate the authorised works; and

• (c) that are connected with or consequential on any agreement entered into under sub-paragraph (a) or (b).

• (2) Any agreement referred to in paragraph (1) may provide—

• (a) for any matters that are connected with the matters referred to in that paragraph or are consequential on them;

• (b) for the financing or defraying of, or the making of contributions by the promoter or by any other person towards, the cost of constructing, maintaining, using or operating the authorised works; and

• (c) for the transferee, the lessee or any other person to exercise, enjoy or be responsible for any related functions of the promoter, including its functions comprised in this Order, either exclusively or concurrently with the promoter or any other person.

• (3) Where an agreement has been made under paragraph (1), references in this Order to the promoter include references to the transferee, the lessee or any other person who may exercise, enjoy or be responsible for any related functions of the promoter under that agreement.

• (4) The exercise of the powers conferred by any enactment by any person in pursuance of any agreement made under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those powers were exercised by the promoter.

• (5) The promoter may provide to any person in any agreement made under paragraph (1), or in connection with or in consequence of any such agreement, or otherwise in connection with the design, construction, financing, maintenance, use or operation of the authorised works, such guarantees, indemnities or other forms of security as it considers to be necessary or appropriate.

• (6) In this article—

• (a) “functions” means statutory and other powers, duties, rights, interests and obligations; and

• (b) references to the authorised works include references to any land held in connection with the authorised works.

Application of landlord and tenant law

46

• (1) This article applies to—

• (a) any agreement for leasing to any person the whole or any part of the transport systems or the right to operate the same; and

• (b) any agreement entered into by the promoter with any person for the construction, maintenance, use or operation of the transport systems, or any part of them,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

• (2) No enactment or rule of law regulating the rights and obligations of landlords and tenants affects the operation of any agreement to which this article applies.

• (3) No such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

• (a) 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;

• (b) confer or impose on any such 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

• (c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Registration of busway services and substitute road services

47

• (1) The promoter may provide, or secure the provision by other persons of, services for the carriage of passengers by road (“substitute services”) where the rapid transit system has been curtailed, discontinued or temporarily interrupted.

• (2) The route, frequency and stopping places of any substitute service need not correspond with the route of the interrupted, curtailed or discontinued service.

• (3) Section 6 of the Transport Act 1985[^f00026] does not apply to any substitute services.

• (4) For the purposes of the application of Part 1 of the Transport Act 1985, but subject to paragraphs (1) to (3), the authorised guided busway is a road within the meaning of section 137(1) of that Act.

PART 5 — PENALTY FARES

Interpretation of Part 5

48

• (1) In this Part, unless the context otherwise requires—

• “authorised person” means, in relation to any purpose, a person authorised for that purpose by the promoter;

• “fare ticket” means a ticket authorising the person in respect of whom it is issued to travel on a rapid transit vehicle;

• “general travel authority” means any permit, other than a fare ticket, authorising the person in respect of whom it is issued to travel on a rapid transit vehicle;

• “passenger” means a person travelling on a rapid transit vehicle;

• “penalty fare” means a penalty fare payable under article 50 (penalty fares);

• “the penalty fare provisions” means articles 50 (penalty fares) to 55 (exclusion of double liability); and

• “rapid transit vehicle stop” means a station or other regular stopping place on the rapid transit system at which passengers may get on or off rapid transit vehicles.

• (2) Any reference in this Part to a passenger producing a fare ticket or general travel authority on being required to do so by an authorised person is a reference to producing, when so required, a fare ticket or general travel authority which, either by itself or together with any other document produced by the passenger at the same time, is valid for the journey made by the passenger.

• (3) For the purposes of paragraph (2), a passenger who is on a rapid transit vehicle is taken to have made a journey ending at the next scheduled rapid transit stop.

Operation of Part 5

49

• (1) The penalty fare provisions have effect in relation to travel on any rapid transit vehicle on and after such day as the Secretary of State may specify.

• (2) On the application of the promoter, or if the Secretary of State considers on reasonable grounds that the promoter is not complying with the requirements of this Part, the Secretary of State may provide that the penalty fare provisions cease to have effect on and after such day as the Secretary of State may specify.

• (3) Paragraph (2) does not affect the power of the Secretary of State to specify further days on and after which the penalty fare provisions are to have effect.

• (4) Any day specified by the Secretary of State for the purposes of paragraph (1) or (2) must be published in a newspaper circulating in the promoter’s area not later than one week before that date.

• (5) No day may be specified under paragraph (1) except at the request of the promoter.

Penalty fares

50

• (1) If a passenger, on being required to do so by an authorised person, fails to produce a fare ticket or a general travel authority, the passenger is liable to pay a penalty fare if required to do so by an authorised person.

• (2) A passenger is not liable to pay a penalty fare if, at any time when fare tickets are generally made available for sale at rapid transit stops or on rapid transit vehicles, there were no facilities for the sale of the necessary ticket for the passenger’s journey at the rapid transit stop where, and the time when, the passenger boarded the rapid transit vehicle, or on the rapid transit vehicle.

• (3) Paragraphs (4) and (5) have effect with respect to the burden of proof, in any action for the recovery of a penalty fare under this article, so far as concerns the question whether the facts of the case fall within paragraph (2).

• (4) In any case where the passenger has provided the authorised person with a relevant statement in due time it is for the authorised person to show that the facts of the case do not fall within paragraph (2), and in any other case it is for the passenger to show that the facts of the case fall within that provision.

• (5) For the purposes of paragraph (4)—

• (a) a relevant statement is a statement giving an explanation of the passenger’s failure to produce a fare ticket or general travel authority, together with any information as to the passenger’s journey relevant to that explanation (including, in every case, an indication of the rapid transit stop where the passenger boarded the rapid transit vehicle); and

• (b) a statement is provided in due time if it is provided when the passenger is required to produce a fare ticket or general travel authority, or at any later time before the expiration of the period of 21 days beginning with the day following the day on which the journey is completed.

Amount of penalty fare

51

• (1) Subject to paragraph (2), the penalty fare is £20 and is payable to the promoter before the expiration of the period of 21 days beginning with the day following the day on which the journey in respect of which it is payable is completed.

• (2) The promoter may from time to time vary the amount of the penalty fare provided that—

• (a) the consent of the Secretary of State is obtained in writing to such a variation; and

• (b) a notice stating the amount of the penalty fare as so varied is published in a newspaper circulating in the promoter’s area not later than 28 days before the day on which the penalty fare, as so varied, is to take effect.

Document to be issued in connection with penalty fare requirement

52

• (1) An authorised person who requires a passenger to pay a penalty fare must give the passenger either a receipt for the payment of the amount of the penalty (where the passenger makes that payment to the authorised person) or a notice stating that the requirement has been made.

• (2) A receipt or notice given under paragraph (1) must specify the passenger’s destination on the rapid transit vehicle on which the passenger is travelling when required to pay the penalty fare, and must operate as an authority to the passenger to continue to that destination.

• (3) For the purposes of paragraph (2), the passenger’s destination is (unless only one destination is possible in the circumstances) taken to be the destination stated by the passenger or, in default of any statement by the passenger identifying the passenger’s destination, such destination as may be specified by the authorised person.

Notice of penalty fare provisions

53

• (1) It is the duty of the promoter to secure that a warning notice meeting the requirements of paragraph (2) is posted—

• (a) at every rapid transit stop, in such a position as to be readily visible to prospective passengers; and

• (b) in every rapid transit vehicle, in such a position as to be readily visible to passengers travelling on that rapid transit vehicle.

• (2) A warning notice posted under paragraph (1) must (however expressed) indicate the circumstances (as provided in article 50 (penalty fares)) in which passengers may be liable to pay a penalty fare and state the amount of the penalty fare.

Supplementary provisions

54

• (1) Where a passenger is required to pay a penalty fare, unless that passenger pays it immediately and in cash when asked for it by an authorised person, that passenger must, if required to do so by an authorised person, give that authorised person, the name and address of the passenger; and any passenger failing to do so will be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

• (2) Where an authorised person requires any passenger to do anything under any provision of this Order the authorised person must, if so requested by the passenger concerned, produce to that passenger a duly authenticated document showing evidence of the authorised person’s authority; and a requirement by an authorised person is of no effect if, as respects that requirement, the authorised person fails to comply with this paragraph.

Exclusion of double liability

55

• (1) Where a passenger has become liable to pay a penalty fare in respect of any journey (referred to below as “the relevant journey”), no proceedings may be brought against that passenger for either of the offences specified in paragraph (2) before the end of the period mentioned in article 51(1) (amount of penalty fare); and no such proceedings may be brought after the end of that period if—

• (a) the passenger has paid the penalty fare to the promoter before the end of that period; or

• (b) an action has been brought against the passenger for the recovery of that fare.

• (2) The offences mentioned in paragraph (1) are—

• (a) any offence under byelaws made under article 43 (power to make byelaws) involving a failure to obtain or produce a fare ticket or general travel authority for the relevant journey; and

• (b) any offence under section 25(3) (regulation of conduct of passengers) of the Public Passenger Vehicles Act 1981[^f00027] of contravening or failing to comply with any provision of regulations for the time being having effect by virtue of that section by failing to pay the fare properly payable for the relevant journey or any part of it.

• (3) If proceedings are brought against any such passenger for any offence specified in paragraph (2) the liability to pay the penalty fare ceases and, if it has been paid, the promoter is liable to repay to the passenger an amount equal to the amount of that fare.

PART 6 — PROTECTIVE PROVISIONS

Statutory undertakers, etc.

56

The provisions of Schedule 9 (provisions relating to statutory undertakers, etc.) have effect.

Minerals

57

Nothing in this Order affects the right of any person entitled to any mine or minerals of any description whatsoever under a street along which the transport systems are laid to work the mine or get the minerals; but this does not affect any liability (whether civil or criminal) of the person so entitled in respect of damage to the transport systems resulting from the exercise of any such right.

Saving for highway authorities

58

Nothing in this Order affects any power of a highway authority to widen, alter, divert or improve any highway along which the authorised transport systems are constructed.

For protection of electricity, gas, water and sewerage undertakers

59

The provisions of Schedule 10 (for protection of electricity, gas, water and sewerage undertakers) have effect.

For protection of railway interests

60

The provisions of Schedule 11 (for protection of railway interests) have effect.

PART 7 — MISCELLANEOUS AND GENERAL

Application of enactments

61

• (1) Any local enactment which makes provision in relation to any railway or former railway within the Order limits, including the Bristol Dock Act 1897[^f00028] and the Great Western Railway (Bristol Lines) Act 1897[^f00029], has effect subject to the provisions of this Order.

• (2) Regardless of any local enactment which makes provision in relation to Prince Street Bridge or Ashton Avenue Bridge, neither bridge, except in the case of emergency, is to be swung open between 7.15am and 9.15am or 4.00pm and 6.00pm Mondays to Fridays and outside those times may be swung open no more than once per hour if in the opinion of the harbour authority this is reasonably required.

• (3) Notwithstanding anything contained in section 12 of the Inclosure Act 1857[^f00030] or the Commons Act 2006[^f00031] or anything done (whether before or after the making of this Order) under Part 1 of, or Schedule 2 to, that Act, the promoter may exercise the powers conferred on it by this Order.

Disclosure of confidential information

62

A person who—

• (a) enters a manufactory, workshop or workplace in pursuance of the provisions of article 18 (safeguarding works to buildings) or article 20 (power to survey and investigate land, etc.); and

• (b) discloses to any person any information obtained under paragraph (a) and relating to any manufacturing process or trade secret,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale unless the disclosure is made in the course of that person’s performance of a duty in connection with the purposes for which the person was authorised to enter the land.

Defence to proceedings in respect of statutory nuisance

63

• (1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990[^f00032] (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 may be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows—

• (a) that the nuisance relates to premises used by the promoter for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to works and 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[^f00033]; or

• (b) that the nuisance is a consequence of the operation or maintenance of the transport systems and that it cannot reasonably be avoided.

• (2) The following provisions of the Control of Pollution Act 1974—

• (a) 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

• (b) section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded),

do not apply where the consent relates to the use of premises by the promoter for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to works.

• (3) The provisions of this article do not affect any rule of common law having similar effect.

Certification of plans, etc.

64

The promoter must, as soon as practicable after the making of this Order, submit copies of the book of reference and the Order plans to the Secretary of State for certification that they are true copies of, respectively, the book of reference and the Order plans referred to in this Order; and a document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Service of notices

65

• (1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

• (a) by post; or

• (b) with the consent of the recipient and subject to paragraphs (6) to (8), by electronic transmission.

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

• (3) For the purposes of section 7 of the Interpretation Act 1978[^f00034] as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

• (a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

• (b) in any other case, the last known address of that person at the time of service.

• (4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

• (a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

• (b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

• (5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission, the requirement is taken to be fulfilled only where the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission.

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

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

• (8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

• (a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

• (b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

• (9) This article does not exclude the employment of any method of service not expressly provided for by it.

No double recovery

66

Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law, or under two or more different provisions of this Order.

Arbitration

67

Except where otherwise expressly provided for in this Order and unless otherwise agreed between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) must be referred to and settled by a single arbitrator to be agreed between the parties or, failing 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.

SCHEDULE 1 — SCHEDULED WORKS

(1) Number of Work	(2) Description of Work
In North Somerset/the City of Bristol	In North Somerset/the City of Bristol
Work No.1A	A two-way guided busway 753 metres in length, together with an adjoining emergency and maintenance track, commencing at the Long Ashton Park and Ride site access road, running south-east across Longmoor Brook and then skirting the site of the proposed Ashton Vale football stadium, turning north-eastwards and running parallel to Colliter’s Brook before crossing from the west to the east side of Colliter’s Brook and terminating 50 metres north-east of the northern end of Silbury Road. This work includes new bridge works over Longmoor Brook and Colliter’s Brook on which the busway will be carried and modifications to the Park and Ride site and access road.
Work No.1B	A two-way guided busway 502 metres in length, together with an adjoining emergency and maintenance track, commencing at the Long Ashton Park and Ride site access road and running south-east, crossing Longmoor Brook, continuing east across Ashton Fields and crossing Colliter’s Brook before terminating 50 metres north-east of the northern end of Silbury Road. This work includes new bridge works over Longmoor Brook and Colliter’s Brook on which the busway will be carried and modifications to the Park and Ride site and access road.
In the City of Bristol	In the City of Bristol
Work No.2	A two-way guided busway 847 metres in length commencing at the termination of Works Nos. 1A and 1B and running north-east, parallel to Colliter’s Brook before turning north-west, crossing Colliter’s Brook and following the line of the Portbury freight railway, crossing from the west to the east side of the railway around the Ashton Junction level crossing, passing under Ashton Road and terminating at the Winterstoke Underpass, together with an adjoining emergency and maintenance track commencing at the termination of Work Nos. 1A and 1B and terminating at a point where the busway crosses over Colliter’s Brook. This work includes new bridge works over Colliter’s Brook and over the Portbury freight railway on which the busway will be carried and associated realignments of the highway at Winterstoke Road and Ashton Vale Road.
Work No.3	A two-way guided busway 890 metres in length, commencing at the termination of Work No. 2 and running north-east along a disused railway corridor, passing under Brunel Way, crossing Ashton Avenue bridge in single track configuration, turning east and rounding the A Bond building before terminating at a point opposite number 20 Avon Crescent, together with an adjoining emergency and maintenance track commencing at the termination of Work No. 2 and terminating at Ashton Avenue Bridge. This work includes new bridge works to strengthen and modify Ashton Avenue Bridge on which the busway will be carried.
Work No.4	A realignment of the Bristol Harbour Railway 141 metres in length commencing at a point 40 metres west of the termination of Work no. 3 and running on-street east along the New Cut for 141 metres.
Work No.5	A one-way (towards the city centre) guided busway and a realignment of the Bristol Harbour Railway 1280 metres in length commencing at the termination of Work No. 3 and running east between Cumberland Road and the New Cut, passing under Cumberland Road from its south to its north side and terminating at a point adjacent to the western boundary of the “Miranda Guinness” building.This work includes associated modifications to Avon Crescent and Cumberland Road and an adjoining footway and cycleway commencing at a point 80 metres west of the point Work No. 5 passes under Cumberland Road and terminating at the termination of Work No. 5.
Work No.5A	Works to widen the existing “Chocolate Path” (footpath FP 392) and associated strengthening works to the New Cut retaining wall commencing at a point 60 metres east of the commencement of Work No. 4 and extending eastwards along the Chocolate Path for 65 metres.
Work No.6	Works to the Museum of Bristol access road 300 metres in length commencing at the termination of Work No. 5 and terminating 10 metres north of the junction of the Museum of Bristol access road and Wapping Road, including the removal of the existing Bristol Harbour Railway and its relocation commencing at the termination of Work No. 5 and running on-street to a termination point on the north side of the Museum of Bristol access road 163 metres from its junction with Wapping Road, the widening of the carriageway and the provision of new footways together with associated improvements to the junction of the Museum of Bristol access road and Wapping Road.
Work No.7	A single track two-way guided busway and adjoining footway and cycleway together with associated modifications to Wapping Road and Prince Street totalling 100 metres in length commencing at the termination of Work No. 6, passing over Prince Street Bridge and terminating at a point 27 metres north of Prince Street Bridge. This work includes strengthening works to Prince Street Bridge.

SCHEDULE 2 — ADDITIONAL LAND WHICH MAY BE ACQUIRED OR USED

(1) Location	(2) Number of land shown on the works and land plans	(3) Purpose for which land may be acquired or used
In North Somerset	In North Somerset	In North Somerset
Long Ashton Park and Ride	01A/02, 01A/03, 01B/02, 01B/03	Provision of park and ride site and interchange with rapid transit system
Land south-west of Long Ashton Park and Ride	01A/01, 02A/01, 01B/01, 02B/01	Provision of replacement public open space
In the City of Bristol	In the City of Bristol	In the City of Bristol
Land west of the A Bond building	06/15, 06/16	Ecological and habitat protection

SCHEDULE 3 — STREETS SUBJECT TO ALTERATION OF LAYOUT

JA	Junction alterations
WS	Widening of street by setting back of kerb line
NS	Narrowing of street by setting forward of kerb line
FA	Footpath alterations

PART 1 — HIGHWAYS SUBJECT TO ALTERATION OF LAYOUT

(1) Street subject to alteration of layout	(2) Description of alteration
In the City of Bristol	In the City of Bristol
Winterstoke Road/Ashton Gate Underpass	Narrowing of carriageway between NS1 and NS2 to accommodate guided busway bridge works
Winterstoke Road/Ashton Vale Road	Junction alterations between JA1 and JA2 to accommodate guided busway bridge works
Cumberland Road	Widening of carriageway between WS1 and WS2 to accommodate rapid transit bus lane and stops

PART 2 — FOOTPATH SUBJECT TO ALTERATION OF LAYOUT

(1) Footpath subject to alteration of layout	(2) Description of alteration
In the City of Bristol	In the City of Bristol
Footpath No. 392	Widening and realignment between FA1 and FA2

SCHEDULE 4 — STREETS TO BE STOPPED UP AND THE PROVISION OF SUBSTITUTES

NP	Creation of new footpath
PD	Footpath diversion
PS	Footpath stopping up

PART 1 — FOOTPATHS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Footpath affected	(2) Extent of stopping up	(3) New footpath to be substituted
In North Somerset/the City of Bristol	In North Somerset/the City of Bristol	In North Somerset/the City of Bristol
Footpath No. 207	Path diversion between PD1 and PD2	New footpath between NP1 and NP2 (Work No. 1B only)
Footpath No. LA12/14	Path diversion between PD3 and PD4	New footpath between NP3 and NP4A (Work No. 1B only)
In the City of Bristol	In the City of Bristol	In the City of Bristol
Footpath No. 424	Path diversion between PD5 and PD6	New footpath between NP5 and NP6 (Work No. 1A only)
In North Somerset	In North Somerset	In North Somerset
Footpath No. LA12/14	Path diversion between PD3 and PD4	New footpath between NP3 and NP4 (Work No. 1A only)

PART 2 — FOOTPATH FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Footpath to be stopped up	(2) Extent of stopping up
In the City of Bristol	In the City of Bristol
Footpath No. 423	Stop up footpath between PS1 and PS2

PART 3 — NEW FOOTPATHS

(1) Area	(2) New Footpath
City of Bristol	Footpath from Ashton Avenue Bridge to Avon Crescent between NP7 and NP8
City of Bristol	Footpath from Ashton Avenue Bridge running behind the A Bond building and along the New Cut to the western end of FP392 between NP9 and NP10

SCHEDULE 5 — STREETS TO BE TEMPORARILY STOPPED UP

PART 1 — HIGHWAYS TO BE TEMPORARILY STOPPED UP

TS	Temporary stopping up of highway
(1) Street affected	(2) Extent of stopping up
---	---
In the City of Bristol	In the City of Bristol
Ashton Vale Road	Between TS1 and TS2
Avon Crescent/Cumberland Road	Between TS3 and TS4
Brunel Lock Road	Between TS5 and TS6
McAdam Way	Between TS7 and TS8
Museum of Bristol access road	Between TS9 and TS10
Prince Street Bridge	Between TS11 and TS12

PART 2 — FOOTPATHS TO BE TEMPORARILY STOPPED UP

TS	Temporary stopping up of footpath
(1) Footpath Affected	(2) Extent of stopping up
---	---
In the City of Bristol	In the City of Bristol
Footpath No. 422	Between TS13 and TS14
Footpath No. 207	Between TS15 and TS16
Footpath No. 392	Between TS17 and TS18
Footpath No. 393	Between TS19 and TS20

SCHEDULE 6 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply with the necessary modifications as respects compensation in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00035] has effect subject to the modifications set out in sub-paragraphs (2) and (3).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—

• (a) for the words “land is acquired or taken” there are substituted the words “a right over land is purchased”; and

• (b) for the words “acquired or taken from him” there are substituted the words “over which the right is exercisable”.

• (3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5—

• (a) for the word “part” in paragraphs (a) and (b) there are substituted the words “a right over land consisting”;

• (b) for the word “severance” there are substituted the words “right over the whole of the house, building or manufactory or of the house and the park or garden”;

• (c) for the words “part proposed” there are substituted the words “right proposed”; and

• (d) for the words “part is” there are substituted the words “right is”.

Adaptation of the 1965 Act

3

• (1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are to be read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired, or

• (b) the land over which the right is or is to be exercisable.

• (2) Without limitation on the scope of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

4

For section 7 of the 1965 Act (measure of compensation in case of severance) there is substituted the following section—

(7) In assessing the compensation to be paid by the acquiring authority under this Act regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired 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 the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

5

For section 8 of the 1965 Act (other provisions as to divided land) there is substituted the following—

(8) (1) Where in consequence of the service on a person under section 5 of this Act of 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 (“the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and (b) before the tribunal has determined that question, the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that interest, and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs, the Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013[^f00036] (“the Order”), in relation to that person, ceases to authorise the purchase of the right and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs. (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section is to be determined by the tribunal. (3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection affects any other power of the authority to withdraw the notice.

6

The following provisions of the 1965 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), that is to say—

• (a) section 9(4) (failure by owners to convey);

• (b) paragraph 10(3) of Schedule 1 (owners under incapacity);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified so 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 compulsorily acquired is vested absolutely in the acquiring authority.

7

Section 11 of the 1965 Act (powers of entry) is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, it has power, exercisable in the equivalent circumstances and subject to the equivalent conditions, to enter for the purpose of exercising that right (which is 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 warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8

Section 20 of the 1965 Act (protection for interests of tenants at will, etc.) applies 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 under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

9

Section 22 of the 1965 Act (interests omitted from purchase) is modified so 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.

SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Location	(2) Number of land shown on the works and land plans	(3) Purpose for which temporary possession may be taken	(3) Purpose for which temporary possession may be taken	(4) Scheduled work	(4) Scheduled work
In the City of Bristol	In the City of Bristol	In the City of Bristol	In the City of Bristol	In the City of Bristol	In the City of Bristol
Land south-east of Long Ashton Park and Ride	02A/03	Flood mitigation works and construction working area	Flood mitigation works and construction working area	Work No. 1A	Work No. 1A
Private road, Cala Trading Estate	04A/19, 04B/19	Temporary access to trading estate during construction of works, construction working area	Temporary access to trading estate during construction of works, construction working area	Work No. 2	Work No. 2
Private road, Cala Trading Estate	04A/20, 04B/20	Temporary access to trading estate during construction of works	Temporary access to trading estate during construction of works	Work No. 2	Work No. 2
Barons Close	04A/15, 04B/15	Temporary access to trading estate during construction of works	Temporary access to trading estate during construction of works	Work No. 2	Work No. 2
Private road and hardstanding, Cala Trading Estate	05/15	Temporary access to trading estate during construction of works	Temporary access to trading estate during construction of works	Work No. 2	Work No. 2
Ashton Road	05/20, 05/21	Temporary access to trading estate during construction of works	Temporary access to trading estate during construction of works	Work No. 2	Work No. 2
Portbury freight railway line adjacent to Cala Trading Estate	04A/14, 04B/14, 05/08, 05/12, 05/13	Construction working area	Construction working area	Work No. 2	Work No. 2
Land north of Silbury Road	04A/02, 04A/03, 04B/02, 04B/03	Construction working area	Construction working area	Work No. 2	Work No. 2
Hardstanding and car park, Cala Trading Estate	04A/29, 04B/29, 05/01, 05/03, 05/05, 05/07	Construction working area	Construction working area	Work No. 2	Work No. 2
Land west of South Bristol Trade Park	04A/21, 04A/23, 04B/21, 04B/23	Construction working area	Construction working area	Work No. 2	Work No. 2
Ashton Vale Road	05/14	Temporary access to trading estate during construction of works, construction working area	Temporary access to trading estate during construction of works, construction working area	Work No. 2	Work No. 2
River Avon (New Cut) and banks adjacent to Ashton Avenue Bridge	06/08, 06/09, 06/12, 06/13	Construction working area	Construction working area	Work No. 3	Work No. 3
Avon Crescent	06/20	Access to construction compound	Access to construction compound	Work Nos. 1 to 7	Work Nos. 1 to 7
Land to south of Cumberland Basin	07/01, 07/02, 07/03	Construction compound and access	Construction compound and access	Work Nos. 1 to 7	Work Nos. 1 to 7
Land and buildings at Wapping Wharf site	09/04, 09/05, 09/06, 09/07	Construction compound	Construction compound	Work Nos. 1 to 7	Work Nos. 1 to 7
Floating Harbour	09/15, 09/16	Construction working area, temporary pedestrian/cycle crossing	Construction working area, temporary pedestrian/cycle crossing	Work No. 7	Work No. 7
Land west of Wapping Road	09/17	Construction working area, temporary pedestrian/cycle crossing	Construction working area, temporary pedestrian/cycle crossing	Work No. 7	Work No. 7
Hardstanding at Merchants Quay	09/18	Construction working area, temporary pedestrian/cycle crossing	Construction working area, temporary pedestrian/cycle crossing	Work No. 7	Work No. 7
Land west of Mud Dock	09/19	Construction working area, temporary pedestrian/cycle crossing	Construction working area, temporary pedestrian/cycle crossing	Work No. 7	Work No. 7
Land and premises west of Prince Street	09/20, 09/21	Construction working area, temporary pedestrian/cycle crossing	Construction working area, temporary pedestrian/cycle crossing	Work No. 7	Work No. 7
In North Somerset	In North Somerset	In North Somerset	In North Somerset	In North Somerset	In North Somerset
Land south of Long Ashton Park and Ride	01A/10, 02A/02	01A/10, 02A/02	Flood mitigation works and construction working area	Flood mitigation works and construction working area	Work No. 1A

SCHEDULE 8 — TRAFFIC REGULATION

PART 1 — STOPPING, WAITING, LOADING OR UNLOADING

(1) Nos. on Order plans	(2) Road	(3) Extent	(4) Notes
NW1-NW2	Avon Crescent north-east side	From a point 3 metres north- west of a point in line with the common boundary line of No.18 and No.19 Avon Crescent to its junction with Cumberland Road	To maintain vehicular flow
NW2-NW3	Cumberland Road both sides	From its junction with Avon Crescent to a point in line with the common boundary line of No.81 Cumberland Road and No.1 Cumberland Court	To maintain vehicular flow and accommodate new bus lane
(1) Nos. on Order plans	(2) Road	(3) Extent	(4) Notes
---	---	---	---
NL1-NL2	Avon Crescent north-east side	From a point 3 metres north-west of a point in line with the common boundary line of No.18 and No.19 Avon Crescent to a point in line with the south-eastern boundary line of No.25 Avon Crescent	To maintain vehicular flow
NL2-NL3	Cumberland Road south side	From a point in line with the south-eastern boundary line of No.25 Avon Crescent to a point 41 metres east of a point in line with the common boundary line of No.121 and No.122 Cumberland Road	To maintain vehicular flow and accommodate new bus lane

PART 2 — VEHICULAR ACCESS

(1) Nos. on Order plans	(2) Road	(3) Extent	(4) Notes
P1-P2	Prince Street	From its junction with The Grove to its junction with Prince Street Bridge	Except buses, pedal cycles, police, ambulance and fire service vehicles
P2-P3	Prince Street Bridge	From its junction with Prince Street to its junction with Wapping Road	Except buses, pedal cycles, police, ambulance and fire service vehicles
P3-P4	Wapping Road	From its junction with Prince Street Bridge to its junction with Merchants Quay	Except buses, pedal cycles, police, ambulance and fire service vehicles

PART 3 — BUS AND CYCLE LANES

(1) Nos. on Order plans	(2) Road	(3) Extent	(4) Notes
BL1-BL2	Cumberland Road south side	From a point 182 metres west of its junction with Mardyke Ferry Road in a westerly direction for a distance of 214 metres	Westbound bus lane for buses, pedal cycles, taxis, solo motorcycles, police, ambulance and fire service vehicles
BL3-BL4	Cumberland Road south side	From a point 41 metres east of a point in line with the common boundary line of No.121 and No.122 Cumberland Road in a westerly direction for a distance of 282 metres	Westbound bus lane for buses, pedal cycles, taxis, solo motorcycles, police, ambulance and fire service vehicles

SCHEDULE 9 — PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.

Apparatus of statutory undertakers, etc., on land acquired

1

• (1) Subject to the following provisions of this paragraph, sections 271 to 274 of the 1990 Act (power to extinguish rights of statutory undertakers etc. and power of statutory undertakers, etc. to remove or re-site apparatus) apply in relation to any land acquired under this Order, or which is held by the promoter and is appropriated or used (or about to be used) by it for the purposes of the Order or any connected purpose, and all such other provisions of that Act as apply for the purposes of those provisions (including sections 275 to 278, which contain provisions consequential on the extinguishment of any rights under sections 271 and 272, and sections 279(2) to (4), 280 and 282, which provide for the payment of compensation) have effect accordingly.

• (2) In the provisions of the 1990 Act, as applied by sub-paragraph (1), references to the appropriate Minister are references to the Secretary of State.

• (3) Where any apparatus of public utility undertakers or of a public communications provider is removed in pursuance of a notice or order given or made under section 271, 272 or 273 of the 1990 Act, as applied by sub-paragraph (1), any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the promoter compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

• (4) Sub-paragraph (3) does not apply in the case of the removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that sub-paragraph, any person who is—

• (a) the owner or occupier of premises the drains of which communicated with that sewer; or

• (b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from the promoter compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewage disposal plant.

• (5) The provisions of the 1990 Act mentioned in sub-paragraph (1), as applied by that sub-paragraph, do not have effect in relation to apparatus as respects which paragraph 2, or Part 3 of the 1991 Act, applies.

• (6) In this paragraph—

• “public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003[^f00037]; and

• “public utility undertakers” has the same meaning as in the 1980 Act.

Apparatus of statutory undertakers, etc., in stopped up streets

2

• (1) Where a street is stopped up under article 10 (construction of new and stopping up of existing streets) any statutory utility whose apparatus is under, in, upon, over, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this paragraph, as if this Order had not been made.

• (2) The promoter must give not less than 28 days’ notice in writing of its intention to stop up any street under article 10 to any statutory utility whose apparatus is under, in, upon, over, along or across that street.

• (3) Where notice under sub-paragraph (2) has been given, any statutory utility whose apparatus is under, in, upon, over, along or across the street may, where reasonably necessary for the efficient operation of the undertaking of the statutory utility and, if reasonably requested so to do by the promoter, must—

• (a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the statutory utility may reasonably determine and have power to place it; or

• (b) provide other apparatus in substitution for the existing apparatus and place it in that other position.

• (4) Subject to the following provisions of this paragraph, the promoter must pay to any statutory utility an amount equal to the cost reasonably incurred by the statutory utility in or in connection with—

• (a) the execution of relocation works reasonably required in consequence of the stopping up of the street; and

• (b) the doing of any other work or thing rendered reasonably necessary by the execution of relocation works.

• (5) If in the course of the execution of relocation works under sub-paragraph (3)—

• (a) apparatus of better type, of 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 available type, capacity or dimension; or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

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 promoter, or, in default of agreement, is not determined by arbitration to be necessary in consequence of the construction of the relocation works in order to ensure the continued efficient operation of the undertaking of the statutory utility, 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 sub-paragraph would be payable to the statutory utility by virtue of sub-paragraph (4) is to be reduced by the amount of that excess.

• (6) For the purposes of sub-paragraph (5)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus is not to 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

• (b) 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 is to be treated as if it also had been agreed or had been so determined.

• (7) An amount which apart from this sub-paragraph would be payable to a statutory utility in respect of works by virtue of sub-paragraph (4) (and having regard, where relevant, to sub-paragraph (5)) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the statutory utility 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 as calculated in accordance with the Code of Practice entitled “Measures Necessary where Apparatus is Affected by Major Works (Diversionary Works)” and dated June 1992 and approved by the Secretary of State on 30th June, 1992, as revised and re-issued from time to time.

• (8) Sub-paragraphs (4) to (7) do not apply where the authorised works constitute major transport works for the purposes of Part 3 of the 1991 Act, but instead—

• (a) the allowable costs of the relocation works are to 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

• (b) the allowable costs are to be borne by the promoter and the statutory utility in such proportions as may be prescribed by any such regulations.

• (9) In this paragraph—

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

• “relocation works” means works executed, or apparatus provided, under sub-paragraph (3); and

• “statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in paragraph 1(6).

Railway, navigation and tramway undertakings

3

• (1) Subject to the following provisions of this paragraph, the powers under article 9 (power to execute street works) to break up or open a street are not exercisable where the street, not being a highway maintainable at public expense (within the meaning of the 1980 Act)—

• (a) is under the control or management of, or is maintainable by, railway or tramway undertakers or a navigation authority; or

• (b) forms part of a level crossing belonging to any such undertakers or to such an authority or to any other person,

except with the consent of the undertakers or authority, as the case may be, of the person to whom the level crossing belongs.

• (2) Sub-paragraph (1) does not apply to the carrying out under this Order of emergency works, within the meaning of Part 3 of the 1991 Act.

• (3) A consent given for the purpose of sub-paragraph (1) may be made subject to such reasonable conditions as may be specified by the person giving it but must not be unreasonably withheld.

• (4) In this paragraph “navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock.

SCHEDULE 10 — FOR PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

Interpretation

1

In this Schedule—

• “apparatus” means— in the case of a specified undertaker which is an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989) belonging to, or maintained by, that undertaker; in the case of a specified undertaker which is a gas undertaker, mains, pipes or other apparatus belonging to, or maintained by, a gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00038] for the purposes of the transportation and storage of gas; in the case of a specified undertaker which is a water undertaker, mains, pipes or other apparatus belonging to, or maintained by, the undertaker for the purposes of water supply; in the case of a specified undertaker which is a sewerage undertaker— any drain or works vested in the undertaker under the Water Industry Act 1991[^f00039]; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act, 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, and includes any structure in which apparatus is, or is to be, lodged or which gives, or will give, access to such apparatus;

• “construction” 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;

• “emergency works” has the same meaning as in section 52 of the 1991 Act;

• “in”, in a context referring to apparatus in land, includes under, over, across, along or upon land;

• “necessary alternative apparatus” means alternative apparatus adequate to enable a specified undertaker to fulfil its statutory or licensed functions in a manner no less efficient than previously;

• “plans” includes sections, specifications and method statements;

• “specified undertaker” means— Bristol Water plc (company registration number 02662226), whose registered office is P.O. BOX 218, Bridgwater Road, Bristol, BS99 7AU; Wessex Water Services Limited (company registration number 02366648), whose registered office is Wessex Water Operations Centre, Claverton Down Road, Claverton Down, Bath, BA2 7WW; and Western Power Distribution (South West) plc (company registration number 02366894) whose registered office is Avonbank, Feeder Road, Bristol, Avon, BS2 0TB, or any person succeeding any such company as a licence holder within the meaning of Part 1 of the Electricity Act 1989, a gas transporter within the meaning of Part 1 of the Gas Act 1986, a water undertaker within the meaning of the Water Industry Act 1991 or as a sewerage undertaker within the meaning of Part I of that Act, and “the specified undertaker” in relation to any apparatus means the specified undertaker to whom the apparatus belongs or by whom it is maintained; and

• “specified work” means any of the authorised works which— will or may be situated over or within 15 metres measured in any direction of, or may in any way adversely affect, any apparatus; or wherever situated, imposes any load upon any sewer, the removal of which has not yet been required under paragraph 8.

Application of Schedule 9

2

Paragraphs 1(1) and 2 of Schedule 9 (provisions relating to statutory undertakers, etc.) do not apply in relation to a specified undertaker and paragraphs 1(3) and 1(4) of that Schedule have effect as if they referred to apparatus removed under this Schedule.

Apparatus in stopped up streets

3

Where any street is stopped up under article 10 (construction of new and stopping up of existing streets), any specified undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up, but nothing in this paragraph affects any right of the promoter or of the specified undertaker to require the removal of that apparatus under paragraph 8 or the power of the promoter to carry out works under paragraphs 20 to 29.

4

The promoter must give not less than 28 days’ notice in writing of its intention to stop up any street under article 10 to any specified undertaker whose apparatus is in that street.

On-street apparatus

5

This Schedule does not apply to anything done or proposed to be done in relation to or affecting any apparatus in so far as the relations between the promoter and the specified undertaker are regulated by the provisions of Part 3 of the 1991 Act.

Acquisition of land

6

The promoter must not acquire any apparatus from a specified undertaker pursuant to this Order otherwise than by agreement, which must not be unreasonably withheld.

7

The promoter may in exercise of the powers conferred by this Order acquire or appropriate any land in which any apparatus is placed and, following the removal of such apparatus in accordance with the provisions of this Schedule, any rights in that land relating to that apparatus are extinguished but no apparatus is to be removed nor is any right of the specified undertaker to use, maintain or renew any apparatus to be extinguished until any necessary alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the specified undertaker.

Removal of apparatus

8

Paragraphs 9 to 12 apply where—

• (a) the promoter requires the removal of any apparatus for the purpose of constructing any of the authorised works and gives to the specified undertaker not less than 56 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

• (b) in consequence of the exercise or proposed exercise of any of the powers conferred by this Order, the specified undertaker reasonably requires to remove any apparatus.

9

The promoter must, if it is practicable to do so, afford to the specified undertaker the necessary rights and facilities 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 promoter for the purpose of its undertaking under this Order or in which it has sufficient rights or interests and thereafter for the use, maintenance and renewal of such apparatus and, if the promoter is unable to obtain those rights and facilities, the specified undertaker, on receipt of a written notice to that effect from the promoter, must use its best endeavours to obtain the necessary rights and facilities.

10

The obligation imposed upon the specified undertaker by paragraph 9 does not extend to the exercise by the specified undertaker of any power to acquire any land or rights in land by a compulsory purchase order.

11

Any alternative apparatus to be constructed by the specified undertaker under paragraph 9 is to be constructed in such manner, and in such line or situation, as may be agreed between the specified undertaker and the promoter or, in default of agreement, determined by arbitration.

12

The specified undertaker, after the manner of construction and the line or situation of any necessary alternative apparatus have been agreed or determined and after the grant to or obtaining by the specified undertaker of any such facilities and rights as are referred to in paragraph 9, must proceed without unnecessary delay to construct and bring into operation the alternative apparatus and afterwards to remove any apparatus required by the promoter to be removed in accordance with paragraph 8.

Removal of apparatus and construction of alternative apparatus by the promoter

13

Paragraphs 14 to 16 apply to so much of the work necessary in connection with the construction of alternative apparatus, or the removal of apparatus required to be removed, as will take place in any land held or used, or intended for use, by the promoter for the purpose of its undertaking.

14

If the promoter gives notice in writing to the specified undertaker that it desires to carry out any part of any work to which this paragraph applies, such work, instead of being carried out by the specified undertaker, may be carried out by the promoter with the prior written consent of the specified undertaker (which must not be unreasonably withheld and is subject to any such conditions as are reasonable and proper to protect the apparatus) in accordance with plans and in a position agreed between the specified undertaker and the promoter or, in default of agreement, determined by arbitration, without unnecessary delay under the superintendence (if given) and to the reasonable satisfaction of the specified undertaker.

15

In carrying out any work under paragraph 14 the promoter must comply with all statutory obligations which would have been applicable had the works been carried out by the specified undertaker.

16

Nothing in paragraph 14 authorises the promoter to carry out the actual placing, erection, installation, bedding, packing, removal, connection or disconnection of any apparatus or, where the apparatus is laid in a trench, execute any filling around the apparatus within 600 millimetres (measured in any direction) of the apparatus.

Facilities and rights for alternative apparatus

17

Where, in accordance with the provisions of this Schedule, the promoter affords to the specified undertaker facilities and rights for the construction, use, maintenance and renewal in land of the promoter of alternative apparatus in substitution for apparatus to be removed, those facilities and rights may be granted upon such terms and conditions as may be agreed between the promoter and the specified undertaker or, in default of agreement, determined by arbitration.

18

In determining the terms and conditions mentioned in paragraph 17 in respect of alternative apparatus to be constructed across or along the authorised works the arbitrator must—

• (a) give effect to all reasonable requirements of the promoter for ensuring the safety of the authorised works and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any such works; and

• (b) so far as it may be reasonable and practicable to do so in the circumstances of the case, give effect to any terms and conditions applicable to the apparatus (if any) constructed across or along the authorised works for which the alternative apparatus is to be substituted and to any other reasonable requirements of the specified undertaker.

19

If the facilities and rights to be afforded by the promoter in respect of any alternative apparatus under paragraph 17 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 specified undertaker than the facilities, rights, terms and conditions applying to the apparatus to be removed, the arbitrator must make such provision for the payment of compensation to or by the promoter by or to the specified undertaker in that respect as appears to the arbitrator to be reasonable having regard to all the circumstances of the case.

Retained apparatus: protection and plan approval

20

Not less than 56 days before commencing to construct or renew any specified work, the promoter must submit to the specified undertaker plans of the works.

21

In relation to a work which is a specified work because of its proximity to or effect on a sewer, the plans to be submitted to the specified undertaker under paragraph 20 must be detailed plans describing—

• (a) the exact position of the specified work;

• (b) the level at which it is proposed to be constructed or renewed;

• (c) the manner of its construction or renewal;

• (d) the position of all sewers within 15 metres of the specified work or upon which the specified work will impose a load; and

• (e) by way of detailed drawings, every alteration proposed to be made to any such sewer.

22

The promoter must not commence the construction or renewal of any specified work to which paragraph 20 applies until the specified undertaker has given written approval of the plans so submitted.

23

Any approval of the specified undertaker required under paragraph 22—

• (a) may be given subject to reasonable conditions for any purpose mentioned in paragraph 24;

• (b) must not be unreasonably withheld; and

• (c) is deemed to have been given if it is neither given nor refused within 56 days of the submission of plans for approval.

24

In relation to a work to which paragraph 21 applies, the specified undertaker may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its sewerage system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any sewer.

25

A specified work is to be constructed (and in the case of any temporary work removed) only in accordance with—

• (a) the approved plans (and, in the case of plans relating to sewers approved, deemed to have been approved or settled by arbitration, as amended from time to time by agreement between the promoter and the specified undertaker); and

• (b) all reasonable requirements made by the specified undertaker for the alteration, or otherwise for the protection, of the apparatus, or for securing access to it.

and an officer of the specified undertaker is entitled to watch and inspect the carrying out of the work.

26

If within 42 days after the submission to it of any plans under paragraph 20, in consequence of the works proposed by the promoter the specified undertaker reasonably requires the removal of any apparatus and gives written notice to the promoter of that requirement, the foregoing provisions of this Schedule have effect as if the removal of such apparatus had been required by the specified undertaker under paragraph 8.

27

Nothing in paragraph 20 or 26 precludes the promoter from submitting at any time, or from time to time, but in no case less than 28 days before commencing the construction of any specified work, a new plan in place of the plan previously submitted, in which case the provisions of those paragraphs apply to, and in respect of, such new plan except that the reference in paragraph 26 to 42 days is to be treated as a reference to 21 days.

28

The promoter is not required to comply with paragraph 20 in a case where it is necessary to carry out emergency works but, in such a case, it must give to the specified undertaker notice as soon as reasonably practicable, and a plan of the works as soon as reasonably practicable afterwards, and must comply with paragraph 25 so far as reasonably practicable in the circumstances.

29

Nothing in paragraph 28 entitles the promoter to carry out works to any apparatus but, upon receipt of notice from the promoter, the specified undertaker must proceed to carry out such works as may be required without unnecessary delay.

Co-operation

30

Where in consequence of the proposed construction of any of the authorised works, the promoter or a specified undertaker requires the removal of apparatus under paragraph 8 or a specified undertaker makes requirements for the protection or alteration of apparatus under paragraph 25, the promoter must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised works and each specified undertaker must use its best endeavours to co-operate with the promoter for that purpose.

Access

31

If in consequence of the exercise of the powers conferred by this Order the access to any apparatus is materially obstructed the promoter must provide such alternative means of access to such apparatus as will enable the specified undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.

Expenses

32

Subject to the provisions of the following paragraphs of this Schedule, the promoter must repay to the specified undertaker the reasonable expenses incurred by the specified undertaker in, or in connection with—

• (a) the inspection, removal and relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus under any provision of this Schedule (including any costs reasonably incurred or compensation properly paid in connection with the acquisition of rights or exercise of statutory powers for such apparatus);

• (b) the cutting off of any apparatus from any other apparatus, or the making safe of any redundant apparatus in consequence of the exercise by the promoter of any power under this Order;

• (c) the survey of any land, apparatus or works; the inspection and monitoring of works; or the installation or removal of any temporary works reasonably necessary in consequence of the exercise by the promoter of any power under this Order; and

• (d) any other work or thing rendered reasonably necessary in consequence of the exercise by the promoter of any such power;

within a reasonable time of being notified by the specified undertaker that it has incurred such expenses.

33

The value of any apparatus removed under the provisions of this Schedule is to be deducted from any sum payable under paragraph 32, that value being calculated after removal.

34

If in accordance with the provisions of this Schedule—

• (a) 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

• (b) apparatus (whether existing apparatus or alternative apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

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 promoter or, in default of agreement, is not determined by arbitration to be necessary having regard, among other things, to the nature of the authorised works, then, if such placing involves cost in the construction of works under paragraphs 9 to 12 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 the specified undertaker by virtue of paragraph 32 is to be reduced by the amount of that excess.

35

For the purposes of paragraph 34—

• (a) an extension of apparatus to a length greater than the length of existing apparatus must 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

• (b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

36

An amount which apart from this paragraph would be payable to the specified undertaker in respect of works by virtue of paragraphs 32 to 35 must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the specified undertaker 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 as calculated in accordance with the Code of Practice entitled “Measures Necessary where Apparatus is Affected by Major Works (Diversionary Works)” and dated June 1992 and approved by the Secretary of State on 30th June 1992, as revised and re-issued from time to time.

37

In any case where work is carried out by the promoter under paragraphs 14 to 16 and, if such work had been carried out by the specified undertaker, the repayment made to the specified undertaker under paragraph 32 would fall to be reduced in accordance with paragraphs 34 to 36, the specified undertaker must pay to the promoter such sum as represents the amount of that reduction.

Indemnity

38

If, by reason or in consequence of the construction, maintenance or failure of any of the authorised works, including any works carried out by the promoter in accordance with paragraph 14 or protective works required by a condition imposed under paragraph 23(a) or required under paragraph 25(b), 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 other property of the specified undertaker, or there is any interruption in any service provided by the specified undertaker, the promoter must repay the cost reasonably incurred by the specified undertaker in making good such damage, or restoring the supply, and must—

• (a) make reasonable compensation to the specified undertaker for any loss sustained by it; and

• (b) indemnify the specified undertaker against all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from, or incurred by, the specified undertaker,

by reason or in consequence of any such damage or interruption; and the fact that any act or thing may have been done by the specified undertaker on behalf of the promoter or in accordance with plans approved by the specified undertaker or in accordance with any requirement of the specified undertaker or under its supervision does not, subject to paragraph 39, excuse the promoter from any liability under the provisions of this paragraph.

39

Nothing in paragraph 38 imposes any liability on the promoter with respect to any damage or interruption to the extent that such damage or interruption is attributable to the neglect or default of the specified undertaker, its officers, servants, contractors or other agents.

40

The specified undertaker must give to the promoter reasonable notice of any claim or demand under the provisions of paragraph 38 and no settlement or compromise of it is to be made without the prior consent of the promoter which must not be unreasonably withheld.

Exercise of safeguarding and survey powers

41

The promoter, so far as is reasonably practicable, must exercise the powers conferred by article 18 (safeguarding works to buildings) so as not to obstruct or render less convenient the access to any apparatus.

42

The promoter must not, in the exercise of the powers conferred by section 11(3) (powers of entry) of the 1965 Act, as applied by this Order, or by article 20 (power to survey and investigate land, etc.), make any trial holes which interfere with any apparatus without the consent of the specified undertaker (which must not be unreasonably withheld).

Arbitration

43

Any difference arising between the promoter and a specified undertaker under this Schedule (other than a difference as to its meaning or construction) is to be determined by arbitration in the manner provided by article 67 (arbitration) and in determining any difference under this Schedule the arbitrator may, if the arbitrator thinks fit, require the promoter to execute any temporary or other works so as to avoid, so far as may be reasonably possible, interference with the use of any apparatus.

Transfer of functions

44

The promoter must give notice to every specified undertaker if any of the functions of the promoter under this Order are transferred to another person in accordance with article 45 (powers of disposal, agreements for operation, etc.) and any such notice must be given within 14 days of any such transfer becoming effective and must describe or give (as appropriate)—

• (a) the nature of the functions to be transferred;

• (b) the extent of that transfer;

• (c) the geographical area to which the transfer relates;

• (d) the name and address of the transferee; and

• (e) the effective date of the transfer.

45

The obligation to give notice under paragraph 44 to a successor in title to a specified undertaker named in paragraph 1 only applies to the extent that the promoter has been informed by notice in writing by that named undertaker, or by a successor in title to that named undertaker, as the case may be, of the name and address of that successor in title.

Notices

46

Any notice in writing to be given by the promoter to a specified undertaker under this Schedule is to be deemed effectively given if sent by recorded delivery or by registered letter addressed to the registered office of that specified undertaker.

SCHEDULE 11 — FOR PROTECTION OF RAILWAY INTERESTS

1

The following provisions of this Schedule have effect, unless otherwise agreed in writing between the promoter and Network Rail and, in the case of paragraph 15, any other person on whom rights or obligations are conferred by that paragraph.

2

In this Schedule—

• “construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;

• “the engineer” means an engineer appointed by Network Rail for the purposes of this Order;

• “network licence” means the network licence, as amended from time to time, granted to Network Rail by the Secretary of State in exercise of powers under section 8 of the Railways Act l993[^f00040];

• “Network Rail” means Network Rail Infrastructure Limited and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 of the Companies Act 2006[^f00041] the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;