The National Grid (North London Reinforcement Project) Order 2014

Temporary closure of, and works in, the canal

20.—(1) The undertaker may, in connection with the construction of the authorised works temporarily interfere with each part of the canal specified in columns (1) and (2) of Schedule 8 (temporary closure of, and works in, the canal) to the extent specified in column (3), and may also temporarily close and divert the towpath adjacent to that part of the canal temporarily interfered with.

(2) Without prejudice to the specific powers conferred by paragraph (1) but subject to paragraphs (3), (4) and (5) the undertaker may, in connection with the construction of the authorised works—

(a)temporarily interfere with the relevant part of the canal by constructing or maintaining caissons, cofferdams or other temporary works at any point within that part of the canal as the undertaker considers necessary or expedient;

(b)temporarily moor or anchor barges or other vessels or craft in the relevant part of the canal and may load or unload into and from such barges, other vessels or craft equipment, machinery, soil and any other materials in connection with the construction of the authorised works;

(c)on grounds of health and safety only, temporarily close to navigation the relevant part of the canal; and

(d)temporarily remove the water from the relevant part of the canal that is so interfered with or closed.

(3) During the period of any closure referred to in paragraph (1)(c), all rights of navigation and other rights relating to, and any obligations of the Canal and River Trust(1) to manage, the relevant part of the canal so closed shall be suspended and unenforceable against the Canal and River Trust.

(4) The power conferred by paragraph (1) shall be exercised in such a way which secures—

(a)that no more of the relevant part of the canal is closed to navigation at any time than is necessary in the circumstances; and

(b)that, if complete closure to navigation of the relevant part of the canal becomes necessary, all reasonable steps are taken to secure that the period of closure is kept to a minimum and that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use the part so closed.

(5) In exercising the powers conferred by paragraph (1) in relation to the relevant part of the canal the undertaker shall—

(a)take such reasonable steps as are necessary to ensure that the functioning of any intake or discharge along the canal is unaffected; and

(b)keep any interference with water levels or flow to the minimum reasonably necessary to construct the authorised works.

(6) In exercising the powers conferred by paragraph (1) in relation to the relevant part of the canal towpath the undertaker shall—

(a)take such reasonable steps as are necessary to ensure that persons in control of barges or other vessels or craft in the canal are made aware of any temporary closure and diversion of the towpath; and

(b)provide such emergency assistance as may reasonably be requested by persons in control of barges or other vessels or craft in the canal following an accident or mechanical failure, for the safety of persons on board and/or the recovery of the barge, vessel or craft to a location where it can safely be moored adjacent to and accessed from the towpath.

(7) Any person who suffers loss or damage as a result of—

(a)the suspension of any private right of navigation or the suspension of any private right to use the towpath under this article; or

(b)any effect of the exercise of the powers conferred by paragraph (1) on the functioning of any intake or discharge along the canal,

shall be entitled to be paid compensation for such loss and damage by the undertaker, to be determined, in case of dispute, under Part 1 of the 1961 Act.