Article 44 Power to operate scheduled worksI1

England and Wales

(1)

The Agency may operate the scheduled works and among other things may—

(a)

open or close the barrier and the flood gates; and

(b)

regulate water levels in the river by means of the barrier and the flood gates.

(2)

Subject to paragraph (3), the power conferred in paragraph (1) is to be exercised to safeguard against flooding.

(3)

Paragraph (2) does not prevent the exercise of the power contained in paragraph (1) in order to—

(a)

prevent or alleviate any emergency;

(b)

release flood water;

(c)

ascertain the safest and most effective ways of using the scheduled works, to test their working or to train staff in their operation; or

(d)

facilitate the construction, maintenance or re-laying of any works in or beside the river.

(4)

Except when required to be closed for the purposes mentioned in paragraphs (2) or (3), the barrier and the flood gates are to remain open.

(5)

When operating the barrier and the flood gates and so far as is consistent with achieving the purpose referred to in paragraph (2), the Agency must have regard to—

(a)

the safety of vessels in the river;

(b)

the requirements of vessels in the river (including the need to have freedom of access to moorings and berths in the river upstream of the barrier);

(c)

the desirability of developing and conserving flora and fauna in the river; and

(d)

any reasonable request of—

(i)

the Harbour Authority or other navigation authority for the time being for or in connection with their functions; and

(ii)

the police or other emergency services.

(6)

Subject as otherwise expressly provided in this Order, no liability arises in respect of any costs, damages, losses or expenses incurred by any person as a direct or indirect result of—

(a)

any obstruction to, delay of, or other interference with the passage of vessels; or

(b)

any change in the level of water in the river,

occasioned by the operation of the scheduled works unless the costs, damages, losses or expenses are incurred by reason of negligence in their operation.

Annotations

Commencement

I1: Art. 44 in force at 2.1.2018, see art. 1