{
  "url": "https://openlegislation.uk/telford-railfreight-terminal-donnington-order-2005/schedule-9/paragraph-9",
  "json_url": "https://openlegislation.uk/telford-railfreight-terminal-donnington-order-2005/schedule-9/paragraph-9.json",
  "legislation": "uksi/2005/1163",
  "legislation_title": "The Telford Railfreight Terminal (Donnington) Order 2005",
  "legislation_url": "https://openlegislation.uk/telford-railfreight-terminal-donnington-order-2005",
  "path": "schedule/9/paragraph/9",
  "kind": "paragraph",
  "number": "9",
  "heading": null,
  "text": "(1) In this paragraph—\n“EMI” means, subject to paragraph (2), electromagnetic interference with the company’s apparatus generated by the operation of the authorised works (including the operation of trains using the new railways comprised in the works) where such interference is of a level which adversely affects the safe operation of the company’s apparatus; and\n“the company’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the works) which are owned or used by the company for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.\n(2) This paragraph shall apply to EMI only to the extent that such EMI is not attributable to any change to the company’s apparatus carried out after approval of plans under paragraph 3(1) for the relevant part of the authorised works giving rise to EMI (unless the Council has been given notice in writing before the approval of those plans of the intention to make such change), other than any change carried out by the company as part of or in consequence of the authorised works.\n(3) Subject to sub-paragraph (5), the Council shall in the design and construction of the authorised works take all measures necessary to prevent EMI and shall establish with the company (both parties acting reasonably) appropriate arrangements to verify their effectiveness.\n(4) In order to facilitate the Council’s compliance with sub-paragraph (3)—\n(a) the Council shall consult with the company as early as reasonably practicable to identify all the company’s apparatus which may be at risk of EMI, and thereafter shall continue to consult with the company (both before and after formal submission of plans under paragraph 3(1)) to identify all potential causes of EMI and the measures required to eliminate them;\n(b) the company shall make available to the Council all information in the company’s possession reasonably requested by the Council in respect of the company’s apparatus identified pursuant to paragraph (a);\n(c) the company shall allow the Council reasonable facilities for the inspection of the company’s apparatus pursuant to paragraph (a).\n(5) In any case where it is established that EMI can only reasonably be prevented by modifications to the company’s apparatus, the company shall not withhold its consent unreasonably to modifications of the company’s apparatus, but the means of prevention and the method of their execution shall be selected in the company’s reasonable discretion and in relation to such modifications paragraph 3(1) shall have effect subject to this sub-paragraph.\n(6) If at any time prior to the commencement of regular revenue-earning train operations on the new railways comprised in the authorised works and notwithstanding any measures adopted pursuant to sub-paragraph (3), the testing or commissioning of the authorised works causes EMI then the Council shall immediately upon receipt of notification by the company of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the Council’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to the company’s apparatus.\n(7) In the event of EMI having occurred—\n(a) the Council shall afford reasonable facilities to the company for access to the Council’s apparatus in the investigation of such EMI;\n(b) the company shall afford reasonable facilities to the Council for access to the company’s apparatus in the investigation of such EMI; and\n(c) the company shall make available to the Council any additional material information in its possession reasonably requested by the Council in respect of the company’s apparatus or such EMI.\n(8) Where the company approves modifications to the company’s apparatus pursuant to sub-paragraphs (5) or (6)—\n(a) the company shall allow the Council reasonable facilities for the inspection of the relevant part of the company’s apparatus;\n(b) any modifications to the company’s apparatus approved pursuant to those sub-paragraphs shall be carried out and completed by the Council in accordance with paragraph 4.\n(9) To the extent that it would not otherwise do so, the indemnity in paragraph 13(1) shall apply to the costs and expenses reasonably incurred or losses suffered by the company through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to the company’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies.\n(10) For the purpose of paragraph 8(a) any modifications to the company’s apparatus under this paragraph shall be deemed to be protective works referred to in that paragraph.\n(11) In relation to any dispute arising under this paragraph the reference in article 37 to the Institution of Civil Engineers shall be read as a reference to the Institution of Electrical Engineers.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/1163/schedule/9/paragraph/9",
    "retrieved_at": "2026-10-29T04:59:18.380912+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}