The Cholsey and Wallingford Light Railway Order 1989

For protection of public gas suppliers

10.  The following provisions shall have effect unless otherwise agreed in writing between the Society and the electricity board.

(1) In this article:— “the electricity board” means the Southern Electricity Board and any statutory successor; “apparatus” means any electric line or works (as respectively defined in the Electric Lighting Act 1882(1)) belonging to the electricity board; “specified works” means:—the raising of the level of the ground or the rails by more than one metre; orthe erection of any structure (including any poles or wires) over three metres high; orthe use of tools, implements, plant or machinery capable of extending to a height of over three metres above rail level; “specified distance” in relation to any apparatus shall be measured from the point on the ground which is vertically above or below such apparatus and such distance shall be:—four metres in relation to any overhead apparatus; and two metres in relation to any surface apparatus. “emergency” means an accident or incident which may reasonably appear to the Society to be an emergency.

(2) Nothing in this Order shall prejudice or affect the rights of the electricity board in respect of any apparatus situated in, under, over or upon the land to which the Order relates.

(3) Except in an emergency, before commencing any specified works within a specified distance of any apparatus the Society shall give the electricity board not less than fourteen days' notice in writing of the proposed works and such works shall be executed only in accordance with such reasonable requirements as may be made by the electricity board for the protection of the apparatus, or for securing access to it.

Where such work is undertaken as the result of an emergency the Society shall immediately or as soon as is reasonably practicable inform the electricity board by telephone of the intention to commence work, and the electricity board shall take such immediate steps as are necessary to protect the public, the Society’s staff or employees, the emergency services and, where appropriate, their apparatus.

If by reason of any such works it is in the reasonable opinion of the electricity board necessary to raise, lower or otherwise alter the position of any apparatus, the expenses reasonably incurred in so doing shall be paid by the Society.

(4) If by reason or in consequence of the execution or user by the Society of any works authorised by this Order any damage to any apparatus or any interruption in the supply of electricity by the electricity board shall be caused, the Society shall pay the cost of making good such damage or of restoring such supply, and shall make reasonable compensation to the electricity board for any loss sustained by them and indemnify them against all claims in respect of such damage or interruption.

(5) The electricity board shall make good and compensate the Society for any injury or damage sustained by the Society resulting from the collapse or failure of any apparatus (except such as may be due to the negligence or wrongful act of the Society or its agents) and indemnify the Society against all claims in respect thereof.