Paragraph 25 I1

For the protection of the Manchester Ship Canal Company Limited the following provisions of this Part of this Schedule, unless otherwise agreed in writing between Network Rail and MSCC, have effect.

In this Part of this Schedule—

• “construction”, in relation to any specified work or protective work, includes execution, placing, altering, replacing, relaying and removal, and “construct” and “constructed” are construed accordingly;

• “detriment” means any physical damage to the River wholly or partly caused by the specified works which affects the stability, structure and safety of the River and, without limitation on the scope of that meaning, includes—

  1. (a)

     the erosion of the bed, banks or walls of the River, or the impairment of the stability of any works or lands forming part of the River;

  2. (b)

     the silting of the River or the deposit of materials in the River so as to damage the River;

  3. (c)

     the pollution of the River; and

  4. (d)

     any alteration in the water level of the River, or interference with the supply of water to the River, or drainage from the River;

• “MSCC” means the Manchester Ship Canal Company Limited (company registration number 07438096) whose registered address is at Maritime Centre, Port of Liverpool, Liverpool, Merseyside, L21 1LA, and its statutory successors;

• “plans” includes sections, drawings, specifications, calculations, soil reports, descriptions (including descriptions of methods of construction), risk assessments and method statements but does not include the design and appearance of the specified works;

• “protective work” means a work which is reasonably necessary to be carried out to minimise or prevent detriment constructed under paragraph 28(3)(a);

• “the River” means the River Irwell for which the MSCC is the harbour authority; and

• “specified work” means so much of the authorised works as is situated upon, across, under, over or within 15 metres of, or may in any way affect, the River.