Section 17 Prohibition of deviation of certain works without consent of Board of Trade.C1

Where the company is authorized by the special Act to construct a railway skirting a public navigable tidal river or channel, the company shall not make any deviation of the railway from the continuous centre line thereof marked on the plan deposited by them at the Board of Trade, even within the limits of deviation shown on that plan, in such manner as to diminish the navigable space, without the previous consent of the Board of Trade, or otherwise than in such manner as is expressly authorized by the Board of Trade.

If any deviation is made in contravention of the present section, the Board of Trade may abate and remove the work in the construction whereof the deviation is made, or any part thereof, and restore the site thereof to its former condition, at the expense of the company; and the amount of such expense shall be a debt due from the company to the Crown, and be recoverable accordingly with costs; or the same may be recovered, with costs, as a penalty is recoverable from the company.

Annotations

Modifications

C1: Functions of Board of Trade under ss. 13-19 now exercisable concurrently by Secretary of State: S.I. 1970/1537, art. 2

Notes on Part I

Modifications

C1

Part I, except ss. 13-19, incorporated by Heathrow Express Railway Act 1991 (c. vii), s. 3(1)(b)

C2

Part I, except ss. 13-19, incorporated (with modifications) by London Underground (Safety Measures) Act 1991 (c. xviii), s. 3(1)(c)

C3

Part I, except ss. 13, 14, 18, 19, incorporated by London Docklands Railway Act 1991 (c. xxiii), s. 3(1)(c)

C4

Pt. I (ss. 3-19), except ss. 13-19, incorporated (with modifications) (13.2.1992) by British Railways Act 1992 (c. i), s. 3(1)(b)(2).

C5

Pt. I (ss. 3-19), except ss. 13, 14, 18, 19, incorporated (with modifications) (16.3.1992) by London Underground Act 1992 (c. iii), s. 3(1)(c)(2).

C6

Pt. I (ss. 3-19), except ss. 14-17, incorporated (with modifications) (18.6.1992) by British Railways (No. 2) Act 1992 (c. xi), s. 3(1)(b)(2)(a).

Pt. I (ss. 3-19), except ss. 13-19, incorporated (with modifications) (29.3.1993) by 1993 c. iv, s. 3(1)(2)

Pt.I, except ss. 13, 14, 18 and 19 thereof, incorporated (27.5.1993) by 1993 c. vii, s. 3(1)(c)(2)

C7

Pt. I, except ss. 13, 14, 18, 19 thereof, incorporated (with modifications) (24.3.1994) by 1994 c. i, s. 3(1)(c)(2)(a) (with ss. 29, 30, 34(2)(15))

Pt. I, (ss. 1-19) incorporated (with modifications) (18.12.1996) by 1996 c. 61, s. 20, Sch. 9 Pt. I para. 2

Pt. I, except ss. 13, 14, 18, 19 thereof, incorporated (with modifications) (24.3.1994) by 1994 c. ii, s. 3(1)(c)(2)(a) (with ss. 25, 27(5))

Pt. I, except ss. 13, 14, 18, 19 thereof, incorporated (with modifications) (24.3.1994) by 1994 c. iii, s. 3(1)(c)(2)(a) (with ss. 27, 29)

Pt. I, except ss. 13, 14, 18, 19, thereof, incorporated (with modifications) (31.3.1994) by 1994 c. iv, s. 3(1)(b)(2)(a) (with s. 28)

C8

Pt. I incorporated (S.) (11.8.2004) by Stirling-Alloa-Kincardine Railway and Linked Improvements Act 2004 (asp 10), s. 37(1)(c) (with s. 33)

C9

Pt. I incorporated in part (S.) (15.1.2007) by Glasgow Airport Rail Link Act 2007 (asp 1), s. 47 (with s. 50)

C10

Pt. I incorporated in part (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 11 para. 4

Notes on Protection of Navigation

Modifications

C1: Functions of Board of Trade under ss. 13-19 now exercisable concurrently by Secretary of State: S.I. 1970/1537, art. 2