Article 22 For the protection of Dwŵr Cymru Cyf

The following provisions of this article shall apply for the purposes of the protection of Dwŵr Cymru Cyf in relation to the carrying out of the authorised works or the exercise of any other powers conferred by this order, save in so far as otherwise agreed in writing by Dwŵr Cymru Cyf and the undertaker.

Nothing in this Order or in the Act of 1845 in its application to the railway shall authorise the undertaker to raise, sink or otherwise alter the position of, or in any way to interfere with, a relevant pipe without the consent in writing of Dwŵr Cymru Cyf, such consent not to be unreasonably withheld.

Before commencing the construction, alteration or reconstruction of any work which will or may be situated over or within 15 metres measured in any direction of, or (wherever situated) impose any load directly upon, a relevant pipe the undertaker shall furnish to Dwŵr Cymru Cyf such proper and sufficient plans of the work as may reasonably be required by Dwŵr Cymru Cyf and shall not commence the work until such plans thereof have been approved in writing by Dwŵr Cymru Cyf (which approval shall not be unreasonably withheld) or settled by arbitration under article 42 below.

Dwŵr Cymru Cyf may as a condition of their approval of the said plans require any such modification to be made as may be reasonably required to secure a relevant pipe against interference or risk of damage and to secure a convenient means of access to it and the work shall be executed only in accordance with the plans approved in accordance with this article.

The approval of Dwŵr Cymru Cyf of any plans under this article shall not (in the absence of negligence on the part of Dwŵr Cymru Cyf) exonerate the undertaker from any liability or affect any claim for compensation under this article.

Where a relevant pipe is situated in or under any land owned or held for the purposes of the railway the undertaker shall at their own expense maintain all culverts over such relevant pipe which are in existence at the coming into force of this Order so as to leave that relevant pipe accessible for the purpose of repairs.

The undertaker shall afford reasonable facilities to Dwŵr Cymru Cyf for the execution and doing of all such works and things as may be reasonably necessary to enable them to inspect, repair, maintain, renew, replace, remove, alter or use a relevant pipe and in particular to carry out any protective works or any diversions required by reason of the exercise of the powers of this Order.

The undertaker shall compensate Dwŵr Cymru Cyf —

by reason or in consequence of the execution, maintenance, use or failure of any of the works or otherwise by reason or in consequence of the exercise by the undertaker of the powers of this Order.

Nothing in the foregoing paragraph shall entitle Dwŵr Cymru Cyf to any payment in respect of damages attributable to the neglect or default of Dwŵr Cymru Cyf, their servants or agents.

Nothing in this Order shall prejudice or affect the rights of Dwŵr Cymru Cyf in respect of a relevant pipe (including the right of access to such pipe for the purpose of inspection, maintenance or renewal) or the provisions of any agreement regulating the relations between the undertaker and Dwŵr Cymru Cyf with regard to a relevant pipe and whether made before or after this Order comes into force.

The provisions of the Act of 1991 shall be subject to the provisions of this article.

Any difference arising between the undertaker and Dwŵr Cymru Cyf under this article (other than a difference as to its meaning or construction) shall be determined by arbitration under article 42 below.

In this article—

• “a relevant pipe” in relation to Dwŵr Cymru Cyf has the meaning given by section 158(7) of the Water Industry Act 1991^f1; and

• “work” means any of the authorised works.