Article 8 Interaction with the 1968 ActI1
England and Wales
Any works licence granted by the PLA under section 66 (licensing of works) of the 1968 Act which includes within its scope the Belvedere Power Station jetty and still having effect immediately before this Order comes into force shall be varied so that from the date of commencement of Work No. 4A, such a licence shall no longer apply to the Belvedere Power Station jetty.
Not later than 30 business days prior to the proposed commencement of Work No. 4A, the undertaker must notify the holder of the BPSJ licence of the works that are intended to be carried out on the Belvedere Power station jetty and any other existing structures that are the subject of the BPSJ licence and the undertaker must provide a copy of such notice to the PLA.
Not later than 30 business days following the commencement of Work No. 4A, the undertaker must notify the PLA of the date of the commencement of those works.
On each anniversary of the notice given pursuant to paragraph (3), the undertaker must provide an update on the programme for Work No. 4, which must include confirmation of whether any other existing structures that are not the Belvedere Power Station jetty are to be affected by Work No. 4 in the forthcoming year.
Not later than 30 business days following the earlier of—
the completion of Work No. 4; or
a notification being provided under paragraph (4) which indicates that no further works are intended to be undertaken to any other existing structures that are not the Belvedere Power Station jetty,
the undertaker must provide the PLA with such information as the PLA may reasonably require to confirm any changed physical extent or entire removal of those existing structures which are not the Belvedere Power Station jetty and are the subject of the BPSJ licence.
Any works carried out to existing structures which are not the Belvedere Power Station jetty and are the subject of the BPSJ licence shall not constitute a breach of the BPSJ licence.
Within 30 business days of the PLA being notified under paragraph (3), the PLA must issue a new licence to the holder of the BPSJ licence to reflect—
that the Belvedere Power Station jetty shall no longer form part of the licence;
any changes to the conditions of the works licence that the PLA considers necessary to meet the requirements of the 1968 Act;
the PLA’s duties under the 1968 Act; and
sub-paragraphs (9)(e) and (9)(f) shall apply in respect of the new licence.
If a notification under paragraph (5) provides that there has, as a result of Work No. 4, been a change to the physical extent or the entire removal of those existing structures which are not the Belvedere Power Station jetty and are the subject of the BPSJ licence, the PLA must, within 30 business days of the PLA receiving that notification, issue a variation to the licence issued under paragraph (7) to reflect the changes to those structures.
To the extent any works licence granted by the PLA under section 66 (licensing of works) of the 1968 Act, other than the BPSJ licence, and still having effect immediately before this Order comes into force includes within its scope existing structures within the limits of deviation of Work No. 4 and which are required to be removed or altered as a result of the carrying out of Work No. 4—
such works shall not constitute a breach of that works licence;
the undertaker must notify the holder of that works licence of the works that are intended to be carried out on the existing structures, at least 30 business days before the works on an existing structure are carried out and provide a copy of such notice to the PLA;
within 30 business days following the completion of the works that are notified to the holder of that works licence under sub-paragraph (b), the undertaker must provide the PLA with such information as the PLA may reasonably require as to the changed physical extent of the existing structures or to confirm the entire removal of those existing structures;
where existing structures which are the subject of the works licence are not removed in their entirety, whether within or outside the limits of deviation of Work No. 4, the PLA must within 30 business days of receipt of the information referred to in sub-paragraph (c) issue a new licence to the holder of the works licence under this paragraph (9) to reflect—
the physical changes to the existing structures (including any removals of the entirety of existing structures) that are the subject of the works licence; and
any changes to the conditions of the works licence the PLA considers necessary to reflect the physical changes and to meet the requirements of the 1968 Act and the PLA’s duties under it;
the holder of the works licence for the existing structures in questions shall have the right to appeal the conditions of any new licence issued by the PLA under sub-paragraph (1)(b) of section 69 (appeal to board of trade) of the 1968 Act;
if within 28 days of the issue of the new licence no appeal has been made to the Department for Transport or, where an appeal has been made from the date that the appeal has been determined—
the new licence (with any amendments directed by the Department for Transport) shall apply to the changed extent of the remaining existing structures;
the existing works licence shall be revoked;
the holder of the licence must comply with the conditions of the new licence; and
the 1968 Act shall apply to the existing structures and works authorised by the new licence; and
the undertaker must compensate the holder of the works licence for any reasonable increase to the costs of that licence holder of complying with the conditions of the new works licence, compared to the costs of complying with the works licence that previously applied.
The undertaker must pay the reasonable costs of the PLA in complying with sub-paragraph (7), (8) and (9)(d) and in connection with the PLA’s reasonable costs in participating in any appeal under sub-paragraph (1)(b) of section 69 (appeal to board of trade) of the 1968 Act made in connection with a varied or new works licence issued under sub-paragraph (8) or (9), but not sub-paragraph (7).
To the extent that any works licence granted by the PLA under section 66 (licensing of works) of the 1968 Act and still having effect immediately before this Order comes into force only includes within its scope existing structures within the limits of deviation of Work No. 4 which are required to be removed in their entirety as a result of the carrying out of Work No. 4—
sub-paragraphs (9)(a) to (9)(c) shall apply in respect of those existing structures; and
following the completion of the works to remove those existing structures in their entirety, the relevant works licence shall be extinguished so that such a licence shall no longer apply to those structures and the PLA must within 30 business days of receipt of the information referred to in sub-paragraph (9)(c) issue to the holder of the works licence notice of such extinguishment.
Any existing structure within the limits of deviation for Work No. 4 and for which a works licence no longer subsists as a consequence of paragraph (1) may remain and subsist in the river Thames under the authority of, and subject to the terms of, this Order and the requirement to obtain a works licence under section 66 (licensing of works) of the 1968 Act does not apply to the structure.
The PLA must not grant or vary—
a river works licence under section 66 (licensing of works) of the 1968 Act; or
a dredging licence under section 73 (licensing of dredging, etc.) of the 1968 Act; or
if the Port of London Harbour Revision Order is made, a permit to moor under section 66A (permitting or mooring) of the 1968 Act;
licensing any works or dredging or permitting of mooring within—
at any time, the limits of deviation for Work Nos. 4A or 4B; and
within the area of dredging within the limits of deviation of Work No. 4C that is approved by the PLA under Part 5 of Schedule 12 from the date that such approval is given by the PLA;
without the consent of the undertaker such consent not to be unreasonably withheld or delayed and in any event such consent or refusal must be issued to the PLA no longer than 65 days from the date of the PLA notifying the undertaker that it has received an application for a river works licence under section 66 (licensing of works) of the 1968 Act, a dredging licence under section 73 (licensing of dredging, etc.) of the 1968 Act, or if the Port of London Harbour Revision Order is made, a mooring permit under section 66A (permitting of mooring) of the 1968 Act, to which this sub-paragraph applies.
Paragraph (13) does not apply to the authorised navigational channel of the river Thames.
Despite the provisions of section 66(1)(b) of the 1968 Act, the grant or variation by the PLA of a river works licence in relation to any part of the river Thames situated within the limits of deviation for Work No. 4 belonging to the PLA and in respect of which the undertaker has a proprietary interest is not, without the consent of the undertaker, to be deemed to confer on the holder of the licence such rights in, under or over the land as are necessary to enable the holder of the licence to enjoy the benefit of the licence.
The undertaker must not unreasonably withhold or delay its consent under paragraph (13) or paragraph (15) but may require reasonable modifications to the proposed works or dredging or mooring or impose reasonable conditions on them, and in considering whether to grant consent, require modifications or impose conditions the undertaker must have regard only to the matters mentioned in paragraph (17).
The matters referred to in paragraph (16) are the prevention of significant interference with—
the works comprising the authorised development within the limits of deviation for Work Nos. 4A or 4B or dredging within those limits of deviation;
the area of dredging within the limits of deviation of Work No. 4C that is approved by the PLA under Part 5 of Schedule 12;
access to and egress from those works or area of dredging; or
the use of and access to and egress from any other existing structures within the Order limits.
If the undertaker—
in refusing consent under paragraph (13) necessitates the PLA having to refuse a licence application from a third party; or
requires modification or imposes conditions under paragraph (16), which the PLA then places onto a licence granted to a third party;
section 69 of the 1968 Act (appeal to board of trade) does not apply to that refusal, modification or imposition of conditions.
Any exclusion zone established pursuant to paragraph 17.1(a) of the PLA General Directions (or any equivalent provision in any replacement of those directions) within the Order limits, or established pursuant to paragraph 17.1(b) of PLA General Directions (or any equivalent provision in any replacement of those directions) in respect of an applicable vessel berthed at the jetty constructed as part of Work No. 4B, shall not apply to vessels, tugs or barges transiting to or from the Middleton Jetty or any structures constructed as part of Work No. 4B for—
operational reasons to transit to or from vessels, mooring or berths within that exclusion zone;
to undertake works or dredging consented by the PLA under the 1968 Act; or
for navigational safety or emergency reasons.
In this article “F1BPSJ licence” means the licence referred to by paragraph (1).
Annotations
Textual amendments
- F1
Word in art. 8(20) substituted (8.6.2026) by The Cory Decarbonisation Project (Correction) Order 2026 (S.I. 2026/606), art. 1, Sch.
Commencement
- I1
Art. 8 in force at 27.11.2025, see art. 1