Article 11 Temporary stoppage of watercourses, roads and footpaths

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

art. 11(4) words substituted by Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) 2017 Sch. 4 para. 9(3)(a)
art. 11(4) words substituted by Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) 2017 Sch. 4 para. 9(3)(b)

(1)

Subject to the provisions of this Order the Rivers Authority during and for the purpose of the execution of any of the works may temporarily stop up and divert and interfere with any watercourse or any road or footpath and may for any reasonable time divert the traffic from any such road or footpath and prevent all persons other than those bona fide going to or from any land, house or building abutting on the road or footpath from passing along and using the same.

(2)

Reasonable access shall be provided for foot-passengers, with or without animals, bona fide going to or from any such land, house or building.

(3)

The powers of this Article shall not be exercised with reference to any road or footpath without the consent of the highway authority having powers in relation thereto and, in the case of a road or footpath which is vested in any person other than the highway authority, that person, and any such consent may be given subject to such reasonable conditions (other than a monetary payment as the consideration for the grant of the consent) as the highway authority or other person may think fit to impose but shall not be unreasonably withheld, and any question whether any such consent is unreasonably withheld or whether any conditions are reasonable shall be determined by arbitration.

(4)

The exercise of the powers of this Article in relation to a road or footpath shall not affect the rights of the operator of any telecommunications code system for the purposes for which the apparatus is used to keep installed, inspect, maintain, adjust, repair or alter telecommunication apparatus or to break up or open, or tunnel or bore under, that road or footpath for any of those purposes.