The Merseytram (Liverpool City Centre to Kirkby) Order 2005

Retained apparatus: protection and plan approval

20.  Not less than 56 days before commencing to construct or renew any specified work, Merseytravel shall submit to the specified undertaker plans of the works.

21.  In relation to a work which is a specified work because of its proximity to or effect on a sewer, the plans to be submitted to the specified undertaker under paragraph 20 shall be detailed plans describing—

(a) the exact position of the specified work;

(b) the level at which it is proposed to be constructed or renewed;

(c) the manner of its construction or renewal;

(d) the position of all sewers within 15 metres of the specified work or upon which the specified work will impose a load; and

(e) by way of detailed drawings, every alteration proposed to be made to any such sewer.

22.  Merseytravel shall not commence the construction or renewal of any specified work to which paragraph 21 applies until the specified undertaker has given written approval of the plans so submitted.

23.  Any approval of the specified undertaker required under paragraph 22—

(a) may be given subject to reasonable conditions for any purpose mentioned in paragraph 24;

(b) shall not be unreasonably withheld; and

(c) shall be deemed to have been given if it is neither given nor refused within 56 days of the submission of plans for approval.

24.  In relation to a work to which paragraph 21 applies, the specified undertaker may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its sewerage system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any sewer.

25.  A specified work shall be constructed (and in the case of any temporary work removed) only in accordance with—

(a) the plans submitted as aforesaid (and, in the case of plans relating to sewers approved, deemed to have been approved or settled by arbitration, as amended from time to time by agreement between Merseytravel and the specified undertaker); and

(b) all reasonable requirements made by the specified undertaker for the alteration, or otherwise for the protection, of the apparatus, or for securing access thereto;

and the specified undertaker shall be entitled by its officer to watch and inspect the carrying out of the work.

26.  If within 42 days after the submission to it of any plans under paragraph 20, in consequence of the works proposed by Merseytravel the specified undertaker reasonably requires the removal of any apparatus and gives written notice to Merseytravel of that requirement, the foregoing provisions of this Schedule shall have effect as if the removal of such apparatus had been required by the specified undertaker under paragraph 8.

27.  Nothing in paragraph 20 or 26 shall preclude Merseytravel from submitting at any time, or from time to time, but in no case less than 28 days before commencing the construction of any specified work, a new plan thereof in lieu of the plan previously submitted, and thereupon the provisions of those paragraphs shall apply to, and in respect of, such new plan save that the reference in paragraph 26 to 42 days shall be treated as a reference to 21 days.

28.  Merseytravel shall not be required to comply with paragraph 20 in a case where it is necessary to carry out emergency works but, in such a case, it shall give to the specified undertaker notice so soon as reasonably practicable, and a plan of the works so soon as reasonably practicable thereafter, and shall comply with paragraph 25 so far as reasonably practicable in the circumstances.

29.  Nothing in paragraph 28 shall entitle Merseytravel to carry out works to any apparatus but, upon receipt of notice from Merseytravel, the specified undertaker shall proceed to carry out such works as may be required with all reasonable despatch.