Office of Public Sector Information
SCHEDULE 17 continued PART 6 continued
the nominated undertaker shall pay the costs reasonably so incurred by the Port Authority.
7 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 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.
8 (1) If any tidal work 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.
(2) If any tidal work is in such condition that it is, or is likely to become, a danger to or to interfere with navigation in or the regime of, 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—
(a) to repair and restore the work or part of it, or
(b) 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.
(3) If—
(a) a work which consists of a tidal work and a non-tidal work is abandoned or falls into decay; and
(b) the non-tidal work is in such a condition as to interfere with the right of navigation in the river;
the Port Authority may include the non-tidal work, or any part of it, in any notice under this paragraph.
(4) In this paragraph “tidal work” means so much of any specified work or any other work of which the nominated undertaker is in possession under the powers of this Act as is below the level of mean high water springs and “non-tidal work” means so much of any such work as is above that level.
(5) 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.
9 Paragraph 8(4) of Schedule 2 shall apply to any discharge of water under paragraph 8(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.
10 The exercise of the powers of this Act to navigate or moor barges, or other vessels or craft within the river shall be subject to such directions as the harbour master of the Port Authority may make from time to time under section 112 of the 1968 Act.
11 (1) 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 bed or banks of the river which is caused by 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.
(2) The Port Authority shall give to the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise of any such claim or demand 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.
12 Nothing in paragraph 11 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 a determination under paragraph 13, 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.
13 (1) Any dispute arising between the nominated undertaker and the Port Authority under this Part shall be determined by arbitration if—
(a) the parties agree, or
(b) the dispute relates to the amount of any sum payable under this Part,
but shall otherwise be determined by a person appointed by the Secretary of State.
(2) Any person appointed by the Secretary of State under sub-paragraph (1) shall, in determining any dispute arising under this Part, have regard to such matters as may be specified by the Secretary of State on making the appointment.
Crossrail Act 2008