# The London Underground (East London Line Extension) (No. 2) Order 2001, Paragraph 3

Extent: E+W+S

(1) Subject to the following provisions of this paragraph, the powers under article 6 of this Order to break up or open a street shall not be exercisable where the street, not being a highway maintainable at public expense (within the meaning of the Highways Act 1980)—
(a) is under the control or management of, or is maintainable by, railway or tramway undertakers; or
(b) forms part of a level crossing belonging to any such undertakers or to any other person;
except with the consent of the undertakers or, as the case may be, of the person to whom the level crossing belongs.
(2) Sub-paragraph (1) above shall not apply to the carrying out under this Order of emergency works, within the meaning of Part III of the 1991 Act.
(3) A consent given for the purposes of sub-paragraph (1) above may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld.

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Source: https://www.legislation.gov.uk/uksi/2001/3682/schedule/9/paragraph/3 (the official version)
Page: https://openlegislation.uk/london-underground-east-london-line-extension-no-2-order-2001/schedule-9/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.