Article 11 For protection of sewerage undertakers
For the protection of the sewerage undertakers (in this article referred to as “the undertakers”) the following provisions shall, unless agreed in writing between the Company and the undertaker concerned, apply and have effect:–
In this article–
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“sewer” means a public sewer within the meaning of the Public Health Act 1936f1 vested in or under the jurisdiction or control of any of the undertakers.
Where any sewer is situated in or under any land owned or held for the purposes of the Company’s railway the Company shall at their own expense maintain all culverts over such sewer which are in existence at the coming into force of this Order so as to leave the sewer accessible for the purposes of repairs.
The Company shall compensate the undertaker responsible for any sewer for any damage done or any disturbance caused to the sewer or any other property of the undertaker (other than mains, pipes or works such as are mentioned in section 21 of the Railways Clauses Consolidation Act 1845) as a result of any works undertaken in connection with the construction or operation of the Company’s railway.
The Company shall at all times afford to the undertakers and their agents reasonable facilities for access–
during the construction of any works carried out by the Company under this Order which may affect any sewer or other apparatus of any of the undertakers, to those works and for the purpose of inspecting the works;
at all times, to any such sewer or apparatus and for the purpose of maintaining, repairing, renewing or replacing the same.
Any difference between any of the undertakers and the Company with reference to the provisions of this article or to any works to which this article applies shall be referred to and settled by arbitration.
The provisions of the Railways Clauses Consolidation Act 1845 applied by this Order shall be subject to the provisions of this article.
Annotations
Footnotes
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