The River Thames (Hungerford Footbridges) (Variation) Order 2001

• Citation: S.I. 2001/4038
• Sections: 8

Section 1 Citation and commencement

This Order may be cited as the River Thames (Hungerford Footbridges) (Variation) Order 2001 and shall come into force on 11th December 2001.

Section 2 Interpretation

(1) In this Order—

“the Principal Order ” means the River Thames (Hungerford Footbridges) Order 1999 ;

“the substituted plans” means the Works Plan and the Footpath Plan being the plans certified by the Secretary of State under those names as the substituted plans for the purposes of this Order;

“the substituted sections” means the sections certified by the Secretary of State as the substituted sections for the purposes of this Order.

(2) Except as provided by the terms of this Order any expression used in the Principal Order shall have the same meaning in this Order as in the Principal Order.

Section 3 Variations of the Principal Order

(1) The Principal Order is amended in accordance with Schedule 1 and Schedule 2 to this Order.

(2) The substituted plans and substituted sections are substituted for, respectively, the plans referred to in the Principal Order as the Works Plan and the Footpath Plan and the deposited sections certified under the names Upstream and Downstream Long Sections and Bridge Sections as deposited sections for the purposes of the Principal Order and all references in the Principal Order to the Works Plan and the Footpath Plan and the deposited sections so certified shall be construed as if reference were made in the Principal Order to the substituted plans and substituted sections.

Section 4 Certification of plans, etc.

The undertaker shall, as soon as practicable after the making of this Order, submit copies of the substituted plans and the substituted sections to the Secretary of State for certification that they are true copies of, respectively, the substituted plans and the substituted sections referred to in this Order; and a document so certified shall be admissible in any proceedings as proof of the contents of the document of which it is a copy.

Section 1

In article 4 of the Principal Order (Power to deviate) for sub-paragraph (b) there shall be substituted—

(b) deviate vertically from the levels shown for those works on the deposited sections—

(i) to any extent not exceeding 1 metre upwards;

(ii) to any such extent downwards as may be necessary or convenient but subject to the consent in writing of the Port Authority; and

(iii) in constructing the pylons and cable stays and other associated structures comprised in the scheduled works on the Middlesex Pier of the Charing Cross Railway Bridge and Victoria Embankment, to any extent not exceeding 2 metres upwards

Section 2

For Schedule 4 substitute the following—

Section 1

After article 7 (Temporary stopping up of streets) of the Principal Order there shall be inserted—

Power to alter the layout of streets

(7A)

(1) The undertaker may alter the layout of any street specified in columns (1) and (2) of Schedule 5A to this Order in the manner specified in relation to that street in column (3) of that Schedule.

(2) Without prejudice to the specific powers conferred by paragraph (1) above but subject to paragraph (3) below, the undertaker may for the purpose of constructing, maintaining or using the scheduled works alter the layout of the street in or adjacent to which the works are situated; and without prejudice to the generality of the foregoing, the undertaker may—

(a) increase the width of the carriageway of the street by reducing the width of any kerb, footway, cycle track or verge within the street;

(b) alter the level of any such kerb, footway, cycle track or verge within the street;

(c) reduce the width of the carriageway of the street by increasing the width of any kerb, footway, cycle track or verge within the street; and

(d) reposition any works in the carriageway of the street which provide places of refuge for the protection of pedestrians crossing that carriageway or other structures within the street.

(3) The powers in paragraph (2) above shall not be exercised without the consent of the street authority, but such consent shall not be unreasonably withheld.

Section 2

After Schedule 5 of the Principal Order (Streets to be temporarily stopped up) there shall be inserted—

STREETS SUBJECT TO ALTERATION OF LAYOUT

Note: The references in this Schedule to “Area” with a number shall be construed as references to the land shown upon the deposited plan entitled “Footpath Plan” identified by that number.