OpenLegislation

Paragraph 1

Original text. Later amendments are not shown.

(1)

For the protection of MSCC and BCC the following provisions of this Schedule, unless otherwise agreed in writing between the undertaker and the authority concerned, have effect.

(2)

In this Schedule—

  • “the authority” means—

    1. (a)

      in relation to the Bridgewater Canal, BCC in its capacity as navigation authority for that canal; and

    2. (b)

      in relation to the Manchester Ship Canal, MSCC in its capacity as harbour authority for that canal;

  • “BCC” means the Bridgewater Canal Company Limited, company number 06805592 whose registered address is at Peel Dome, The Trafford Centre, Stretford, M17 8PL and (where applicable) includes its statutory successors;

  • “the Bridgewater Canal” means the Bridgewater Canal owned or managed by BCC, and includes any works connected with the Bridgewater Canal for the maintenance or operation of which BCC is responsible and includes (without limitation) lands, walls, culverts, roads, bridges, buildings and developments held or used by BCC for the purposes of the Bridgewater Canal;

  • “the Canal” means the Bridgewater Canal or the Manchester Ship Canal, as the case may be;

  • “construction”, in relation to any specified work or protective work, includes execution, placing, altering, replacing, relaying and removal, and “construct” and “constructed” have corresponding meanings;

  • “detriment” means any physical damage to the Canal wholly or partly caused by the specified works which affects the stability, structure and safety of the Canal and, without limitation on the scope of that meaning, includes—

    1. (a)

      the erosion of the bed, banks or walls of the Canal, or the impairment of the stability of any works or lands forming part of the Canal;

    2. (b)

      damage to the walls or banks of the Canal caused by excessive weight being placed on the Canal walls;

    3. (c)

      the silting of the Canal or the deposit of materials in the Canal so as to damage the Canal;

    4. (d)

      the pollution of the Canal; and

    5. (e)

      any alteration in the water level of the Canal, or interference with the supply of water to the Canal, or drainage from the Canal;

    but does not include any damage to the Canal to the extent that it is set out in plans approved (or deemed to be approved) under paragraph 4;

  • “the engineer” means an engineer (whether an employee of the authority or external consultant) appointed by the authority for the purpose in question;

  • “harbour master” means the officer appointed by MSCC from time to time to execute the office of harbour master and includes any assistants and subordinates in so far as such assistants and subordinates are duly authorised to act on behalf the harbour master;

  • “the Manchester Ship Canal” means the Manchester Ship Canal owned or managed by MSCC, and includes any works connected with the Manchester Ship Canal for the maintenance or operation of which MSCC is responsible and includes (without limitation) lands, walls, banks, culverts, roads, bridges, buildings and developments held or used by MSCC for the purposes of the Manchester Ship Canal;

  • “‘MSCC” means the Manchester Ship Canal Company Limited, company number 07438096, whose registered office is at Maritime Centre, Port of Liverpool, Liverpool L21 1LA and (where applicable) includes its statutory successors;

  • “plans” includes sections, drawings, specifications, calculations, surveys, soil and other environmental reports, descriptions (including descriptions of methods of construction), drainage and flooding reports, risk assessments and method statements, but does not include the design and appearance of the specified works, calculations, phasing plans and programmes;

  • “protective work” means a work which is reasonably necessary to be carried out to minimise or prevent detriment constructed under sub-paragraph 4(3)(a);

  • “the Ship Canal enactments” means—

    • Manchester Ship Canal Act 1885 c. clxxxviii

    • Manchester Ship Canal (Additional Lands) Act 1888 c. cxi

    • Manchester Ship Canal (Alteration of Works) Act 1888 c. clxi

    • Manchester Ship Canal (Tidal Openings, & c.) Act 1890 c. lxxiv

    • Manchester Ship Canal (Various Powers) Act 1890 c. ccxxvii

    • Manchester Ship Canal Act 1891 c. clxxxi

    • Manchester Ship Canal Act 1893 c. iii

    • Manchester Corporation (Ship Canal) Act 1893 c. xix

    • Manchester Ship Canal (Additional Capital, & c.) Act 1893 c. xxiii

    • Manchester Ship Canal (Surplus Lands) Act 1893 c. lxxiii

    • Manchester Ship Canal Act 1894 c. clxix

    • Manchester Ship Canal Act 1896 c. clxxxii

    • Manchester Ship Canal Act 1897 c. cviii

    • Manchester Ship Canal Act 1900 c. xxxvi

    • Manchester Ship Canal Act 1904 c. ccxii

    • Manchester Ship Canal (Bridgewater Canal) Act 1907 c. xv

    • Manchester Ship Canal (Various Powers) Act 1907 c. xxx

    • Manchester Ship Canal Act 1911 c. lvi

    • Manchester Ship Canal Act 1919 c. xlvi

    • Manchester Ship Canal Act 1920 c. cxlix

    • Manchester Ship Canal Act 1924 c. lviii

    • Manchester Ship Canal Act 1925 c. cxx

    • Manchester Ship Canal (General Powers) Act 1926 c. lxxxiii

    • Manchester Ship Canal Act 1933 c. lxvi

    • Manchester Ship Canal Act 1936 c. cxxiv

    • Manchester Ship Canal Act 1949 c. xxxvi

    • Manchester Ship Canal Act 1950 c. lvi

    • Manchester Ship Canal Act 1952 c. xiii

    • Manchester Ship Canal Act 1956 c. lxxx

    • Manchester Ship Canal Act 1960 c. xlv

    • Manchester Ship Canal Act 1962 c. liii

    • Manchester Ship Canal Act 1966 c. xxvii

    • Manchester Ship Canal Revision Order 1970 (S.I. 1971/191)

    • Manchester Ship Canal Revision Order 1975 (S.I. 1975/2205)

    • The Manchester Ship Canal (Black Bear Canal) (Local Enactments) Order 1976 (S.I. 1976/1084)

    • Manchester Ship Canal Revision Order 1984 (S.I. 1984/50)

    • Manchester Ship Canal Revision Order 1987 (S.I. 1987/1790)

    • Manchester Ship Canal Harbour Revision Order 1992 (S.I. 1992/1268)

    • The Manchester Ship Canal (Bridgewater Canal) Act 1907 (Amendment) Order 1996 (S.I. 1996/1484)

    • The Manchester Ship Canal Harbour Revision Order 2009 (S.I. 2009/2579);

  • “specified work” means so much of the authorised works as is situated upon, across, under, over or within 15 metres of, or may in any way affect, the Canal; and

  • “weight limit” means the relevant weight limit for any section of the wall or bank of the Canal that may be affected by any specified work or protective work, such weight limit to be approved by the engineer in accordance with the provisions of paragraph 4.