Article 7 Construction of works

Subject to the provisions of this Order, the Rivers Authority may, in the lines or situations and within the limits of deviation shown on the deposited plans and according to the levels shown on the deposited sections execute the works described in paragraph (2) of this Article, together with all necessary and proper works and conveniences connected therewith or incidental thereto.

The works referred to in paragraph (1) of this Article are the following works in the County of Essex–

• Partly in the parish of Elmstead in the district of Tendering and partly in the parish of Fingringhoe in the borough of Colchester–

• Work No. 1. A flood barrier, incorporating a pair of moveable gates and cill to the navigation channel, piers on either side to support and house the mitre gates, offices and control room and approach structures from abutments on river banks to the gate piers with sluices and vehicle way over and with scour protection to river bed adjacent to sluices and in the navigation channel, the work commencing at reference point TM 60411/22117 and terminating at reference point TM 60421/22133;

• In the said parish of Elmstead–

• Work No. 2 A closure embankment to high ground on the north side of the river, commencing at reference point TM 60422/22131, proceeding first north-east and then curving north and terminating at reference point TM 60426/22155;

• In the said parish of Fingringhoe–

• Work No. 3. A closure embankment to high ground, incorporating an access road to the barrier on the south side of the river and alterations to watercourses, commencing at reference point TM 60402/22125, proceeding first south-east along the existing river/flood bank and then curving to the south and terminating by a junction with Ballast Quay Road at reference point TM 60427/22100;

• Work No. 4 An improvement of Ballast Quay Road, commencing at reference point TM 60427/22100 and terminating at reference point TM 60408/22087;

• In the said borough of Colchester–

• Work No. 5 An access road, commencing at reference point TM 60416/22134 and terminating at reference point TM 60408/22149;

• Work No. 6 An extension of Anglesea Road consisting of a spur to Brook Street, commencing at reference point TM 60408/22149 and terminating at reference point TM 60408/22153.

Notwithstanding anything to the contrary in this Order or shown on the deposited plans or the deposited sections, but without prejudice to the provisions of the next following Article the Rivers Authority may, if they think fit, subject to the approval of the Ministers execute the whole or any part of the works within the limits of deviation shown on the deposited plans in accordance with dimensions and descriptions other than the dimensions and descriptions shown on the deposited plans and the deposited sections or set out in the last foregoing paragraph.

Without prejudice to the provisions of the last foregoing paragraph, the Rivers Authority may maintain and may from time to time alter, extend, enlarge, replace, repair or renew–

or may remove all or any of the works or any part of any of the works.

The extension of Anglesea Road (Work No. 6) shall, when completed in accordance with the reasonable requirements of the highway authority and opened for public use, become a highway for all purposes and shall be maintained and repaired by and at the expense of the Rivers Authority for a period of one year thereafter; and at the expiration of that period the surface of that road as improved shall vest in and be maintainable at the public expense by the highway authority, who for that purpose shall have all such rights in the subsoil and undersurface of the road as improved as may be necessary.

The construction of all tidal works shall when commenced be proceeded with and completed as soon as practicable.

When Works Nos. 1 to 3 are completed and the barrier gates are capable of being closed, a certificate thereof shall be issued under the seal of the Rivers Authority and any duly authenticated copy of such certificate shall, in all proceedings and for all purposes, be admissible and received as evidence that such certificate has been duly made, that Works Nos. 1 to 3 are completed and that the barrier gates are capable of being closed.