{
  "url": "https://openlegislation.uk/thames-water-utilities-limited-thames-tideway-tunnel-order-2014/schedule-16/part-2/paragraph-14",
  "json_url": "https://openlegislation.uk/thames-water-utilities-limited-thames-tideway-tunnel-order-2014/schedule-16/part-2/paragraph-14.json",
  "legislation": "uksi/2014/2384",
  "legislation_title": "The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014",
  "legislation_url": "https://openlegislation.uk/thames-water-utilities-limited-thames-tideway-tunnel-order-2014",
  "path": "schedule/16/part/2/paragraph/14",
  "kind": "paragraph",
  "number": "14",
  "heading": "Sedimentation, etc: remedial action",
  "text": "(1) This paragraph applies if any part of the river has become or is likely to become subject to sedimentation, scouring or other changes in the flow or regime of the river which—\n(a) is wholly or partly caused by a tidal work during the period beginning with the commencement of construction of the tidal work and (subject to sub-paragraph (4)) ending with the expiration of 6 years after the date of completion of all the tidal works comprised in the authorised project; and\n(b) for the safety of navigation or for the protection of any works in the river, should in the reasonable opinion of the Authority be removed or made good.\n(2) The undertaker shall either—\n(a) pay to the Authority any additional expense to which the Authority may reasonably be put in dredging the river to remove the sedimentation or in making good the scouring so far as (in either case) it is attributable to the tidal work; or\n(b) carry out the necessary dredging or work to make good the scouring at its own expense and subject to the prior approval of the Authority which may be subject to reasonable conditions but which may not be unreasonably withheld or delayed;\nand the expenses payable by the undertaker under this paragraph include any additional expenses accrued or incurred by the Authority in carrying out surveys or studies which may be agreed with the undertaker in connection with the implementation of this paragraph.\n(3) The Authority may serve notice on the undertaker before the expiration of 6 years after the date of completion of all the tidal works comprised in the authorised project stating that in the opinion of the Authority the river or any part of it may become subject to sedimentation, scouring or other changes in the flow or regime of the river after the expiry of the said six year period. Any such notice shall specify the additional period for protection (which cannot exceed a period of 10 years after the date of completion of all the tidal works comprised in the authorised project) and the Authority’s case for requiring this.\n(4) On receipt of any notice the undertaker may serve a counter-notice within 15 business days beginning on the day the notice was received such notice to include details of the undertaker’s objection to the Authority’s notice or any conditions it may wish to impose on compliance by the undertaker with the Authority’s notice.\n(5) In the event that the Authority and the undertaker cannot agree the matters raised in the Authority’s notice and the undertaker’s counter-notice within two months from the service of the undertaker’s counter-notice either party may refer the matter to arbitration under paragraph 24.\n(6) If the undertaker fails to serve a counter-notice or if it serves a counter-notice and the matter is either agreed between the Authority and the undertaker or determined pursuant to paragraph 14(5) then the provisions of paragraph 14(1) and (2) shall apply during such additional period as specified in the Authority’s notice or as may be agreed or determined pursuant to paragraph 14(5).",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 16 Pt. 2 para. 14 in force at 24.9.2014, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2014/2384/schedule/16/part/2/paragraph/14",
    "retrieved_at": "2026-10-29T00:03:40.087761+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."
}