Office of Public Sector Information
SCHEDULE continued PART VIII continued
79 For the protection of the port authority the following provisions shall, without prejudice to anything in this Order, and unless otherwise agreed in writing between the port authority and the Joint Board, apply and have effect (that is to say):—
(1) If at any time the port authority reasonably deem it necessary due to the existence of the bridge or to any works of the Joint Board below high-water mark to carry out any alterations to the lighting and buoying of the navigation channel of the Firth of Tay and carry out such alterations the reasonable cost incurred by the port authority in carrying out such alterations shall be paid by the Joint Board.
(2) If for any reason the carrying out or completion of any work of the Joint Board below high-water mark has to be suspended the Joint Board shall take all reasonable and practicable measures to ensure that such work is left and maintained so that no greater interference would be caused to the navigation channels of the Firth of Tay than would result from the existence of the bridge.
(3) The port authority shall not be liable in respect of any damage which may be occasioned to the bridge or to any works of the Joint Board below high-water mark by the port authority, their officers or servants, arising from any dredging operations conducted by the port authority for the maintenance of the channels leading to their quays and docks or at the berths alongside such quays:
Provided always that nothing in this section shall absolve the port authority in respect of any such damage arising from negligence or carelessness on the part of their officers or servants or others duly appointed by the port authority to carry out the said operations.
(4) If any difference arises between the port authority and the Joint Board under this section, the same shall be determined by an arbiter to be agreed upon between the parties or, in case of failure to agree, to be appointed on the application of either party by the President for the time being of the Institution of Civil Engineers.
80 For the protection of the British Railways Board (in this section referred to as “the railways board”) the following provisions shall, unless otherwise agreed in writing between the Joint Board and the railways board, apply and have effect:—
(1) In this section—
“appropriate authority” means in respect of—
(a) Work No. 1 of the Order of 1962, Tayside Regional Council;
(b) Work No. 2 of the Order of 1962, the Joint Board; and
(c) Work No. 9 of the Order of 1962, Fife Regional Council;
“the engineer” means an engineer to be appointed by the railways board;
“the overline bridge” means the bridge forming part of Work No. 9 constructed over the East Coast Main Line railway of the railways board;
“railway property” means any land, railway, siding, road, building or other property or work belonging to the railways board; and
“the relevant works” means Works Nos.1, 2 and 9 authorised by the Order of 1962 and constructed by the former Joint Board and all works and conveniences connected therewith.
the appropriate authority shall continue to maintain—
(i) the decking of the Dock Street Tunnel of the railways board at or near the existing level of Dock Street, Dundee, to a strength adequate for the support of Work No. 1 and its traffic;
(ii) Work No. 2 wholly on a viaduct structure founded and carried independently of, and in such a manner as will place no additional loading on Dock Street Tunnel; and
(iii) the overline bridge as a single span over the lines of rails comprised in the East Coast Main Line railway of the railways board with a clear headway of not less than 16 feet from the highest rail to the lowest part of the bridge decking and with a lateral clearance of not less than 6 feet from the outside edge of the eastmost and westmost rails respectively and the outside edge of the scarcement or foundation of the bridge abutments nearest to those rails;
(b) All work which shall be considered necessary by the engineer for the support and protection of the existing decking and walls of Dock Street Tunnel shall continue to be undertaken by and at the expense of the appropriate authority when so required by the railways board.
(3) Any abutments, piers and supports of the overline bridge which are placed on railway property shall be subject to such terms and conditions as shall be reasonably prescribed by the railways board.
(4) Notwithstanding the repeal by this Order of the Order of 1962, paragraphs (4) and (7) to (18) of section 48 (for protection of British Transport Commission) of that Order shall, in so far as they relate to the maintenance, repair or use of the relevant works, continue to have effect, with necessary modifications, for the protection of the railways board and as if references therein to the former Joint Board were references to the appropriate authority.
81 For the protection of Scottish Hydro-Electric plc the following provisions shall, except as may be otherwise agreed in writing between the Joint Board and the Company, apply and have effect:—
(1) In this section unless the subject or context otherwise requires—“apparatus” means—
(a) any electrical plant or electric line as respectively defined in section 64 of the [1989 c. 29.] Electricity Act 1989; and
(b) any meter used for ascertaining the quantity of electricity supplied to any premises, not being a meter which is under the control of a consumer;
“the company” means Scottish Hydro-Electric plc;
“in” in a context referring to apparatus includes under, over, across, along or upon;
“plan” includes a section and description;
“position” includes depth.
Nothing in this Order shall relieve the Joint Board from the liability for damage caused by them to any apparatus in the exercise of the powers conferred on them by this Order and the Joint Board shall indemnify the company against all claims, demands, costs, damages and expenses made or taken against or recovered from or incurred by the company by reason or in consequence of any damage done by the Joint Board to any apparatus or of any interruption in the supply by the company of electricity which may without the written authority of the company be in any way occasioned either by reason of the exercise of any of the powers of this Order or by the acts or defaults (in, or in connection with, such exercise) of the Joint Board;
(b) If in consequence of the exercise by the Joint Board of the powers of this Order the access to any apparatus is materially obstructed, the Joint Board shall provide an alternative means of access to such apparatus:
Before exercising the powers of section 18 of this Order, at, over, under, or near to any apparatus the Joint Board shall give to the company not less than 28 days' notice in writing of their intention so to do, stating the position of the proposed operation, and shall furnish such further particulars with respect thereto as the company may reasonably require:
(b) If within 21 days of receipt of such notice as is provided for by the preceding paragraph the company notify the Joint Board in writing of the need to take measures of which the company shall be sole judge to protect apparatus from possible harm caused by the proposed operation and specify the reasonable requirements subject to which the proposed operation may be carried out, the Joint Board shall—
(i) carry out such operation only in accordance with such requirements;
(ii) pay to the company the expenses reasonably incurred by them in and in connection with the carrying out of any of the said protective measures:
(4) If the Joint Board in exercise of the powers of sections 12, 14, 15, 17 or 64 of this Order require to cross over or under, remove, alter or otherwise interfere with any apparatus, or if the exercise of such powers is likely to affect any apparatus, the Joint Board shall—
(a) give to the company not less than 28 days' prior notice in writing of such requirement or (as the case may be) of their intention to exercise such powers, together with a plan of the work proposed, and shall execute the work only in accordance with such plan and in accordance with such reasonable requirements as may within 21 days of the receipt of the plan be made by the company, and the company may under such requirements alter or otherwise protect the apparatus or provide alternative apparatus adequate to enable them to fulfil their statutory functions not less efficiently than before (hereinafter referred to as “alternative apparatus”);
(b) afford to the company, where possible, any necessary facilities and rights for the construction, use, maintenance, repair, renewal and inspection of any alternative apparatus;
(c) pay to the company the expenses reasonably incurred by them in and in connection with removing, re-laying, replacing, altering or protecting the apparatus or providing alternative apparatus less (in a case where alternative apparatus is provided) the value of any apparatus removed pursuant to this section.
(5) Alternative apparatus, if provided under this section, shall be constructed in such manner and in such line or position as may be agreed between the Joint Board and the company, and no apparatus shall be removed, altered or interfered with until any protective works required have been carried out or until alternative apparatus required has been provided and is operating to the reasonable satisfaction of the company.
Any difference arising between the Joint Board and the company under this section shall be referred to and determined by an arbiter to be mutually agreed upon, or failing such agreement to be appointed on the application of either party (after notice in writing by the other) by the President of the Institution of Electrical Engineers.
(b) In settling any difference under this section the arbiter shall have regard to any duties or obligations which the company may be under in respect of any apparatus and may if he thinks fit require the Joint Board to execute any temporary or other works so as to avoid so far as may be reasonably possible interference with any purpose for which the apparatus is used.
82 (1) Nothing in this Order shall affect prejudicially any estate, right, power, privilege or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing herein contained shall authorise the Joint Board to take, use or in any way interfere with any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary or any land, heritages, subjects or rights of whatsoever description—
(a) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those commissioners on behalf of Her Majesty; or
(b) belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.
(2) A consent under subsection (1) above may be given unconditionally or subject to terms and conditions.
83 (1) The Tay Road Bridge Orders 1962 to 1985 are hereby repealed.
(2) The transitional provisions in Schedule 2 to this Order shall have effect.
84 The costs, charges and expenses of and incidental to the preparing for, obtaining and confirming of this Order, shall be paid by the Joint Board.
Tay Road Bridge Order Confirmation Act 1991 (C. Iv)