HC Deb 14 August 1913 vol 56 cc2799-803

"The following provisions for the protection of the Great Northern Railway Company (in this Section called the Company) shall unless otherwise agreed between the Postmaster-General and the Company apply and have effect:—

(1) The expression 'property of the Company' where used in. this Section shall include any land building work or convenience belonging to or leased to the Company;

(2) (a) The Postmaster-General shall not under the powers of this Act enter upon take purchase or use any property of the Company except that the Postmaster-General may purchase and take and the Company may and shall sell and grant according to their estate and interest in and subject to all easements rights and covenants affecting the property of the Company such an easement or right as shall be necessary for the purposes of constructing, using, and maintaining Railway No. 7 and the works in connection therewith by tins Act authorised so far as the same may according to this Act be constructed in or under the property of the Company.

(b) The consideration to be paid for any easement or right to be acquired by the Postmaster-General under this Section shall in case of dispute be determined in manner provided by the Lands Clauses Acts with respect to the purchase and taking of lands otherwise than by agreement and for the purpose of any such determination the acquisition of such easement or right shall be deemed to be a taking of lands within the meaning of Section 6 of the Railways Clauses Consolidation Act, 1845:

(3) Notwithstanding anything contained in the Section of this Act the marginal note whereof is 'Power of Deviation' in constructing Railway No. 7 by this Act authorised where the same will be situate in under or near to any property of the Company the Postmaster-General shall not deviate vertically upwards from the levels thereof marked on the deposited sections to a greater extent than five feet and shall not deviate from the centre line thereof as shown on the deposited plans laterally in an easterly or north-easterly direction to a greater extent than five feet.

(4) The works authorised by this Act where the same will be situate in under or within fifty feet (measured in a horizontal. direction from any part thereof) of the property of the Company (in this Section called the authorised works') shall be constructed under the supervision (if given) and to the reasonable satisfaction of the engineer of the Company (in this Section called the engineer ') and in accordance with such plans sections and. specifications as shall have been previously submitted to and reasonably approved by the engineer or settled in case of dispute by an engineer to be appointed as hereinafter provided and shall be of such strength as may be reasonably sufficient to carry the existing works and buildings of the Company and any works or buildings of whatever description which the Company may at any time hereafter desire and be entitled to erect over or in the neighbourhood of the same:

Provided that if for fourteen days after the submission of such plans sections and specifications to the engineer he fails or neglects to approve or disapprove the same or to state his reasonable requirements with respect thereto he shall be deemed to have disapproved thereof:

(5) Nothing in this Act or in any grant of easement to be made by the Company in pursuance thereof shall prohibit the Company from erecting works and buildings of whatsoever description and weight they may think fit over or in the neighbourhood of the authorised works:

Provided that the Company before they commence to erect any such buildings shall give to the Postmaster-General reasonable notice of their intention to erect the same and such notice shall be accompanied by a full description of such buildings and shall afford the Postmaster-General a reasonable time in which to execute and do any works or things which he may think expedient for the protection of the railway and the Company shall afford to the Postmaster-General access to their property and all reasonable facilities for executing any such protective works. Pro-, vided that such works shall be carried out so far as the same may affect the property of the Company under the supervision (if the same be given) and to the reasonable satisfaction of the Company:

(6) If at any time or times either before or during the construction or after the completion of the authorised works any further or other works or appliances are reasonably required in connection with the authorised works for the purpose of preventing subsidence of or injury to the property of the Company or for the purpose of supporting any building or works which the Company may at any time have erected or made or may contemplate erecting or making the Postmaster -General shall (except nevertheless to arbitration as hereinafter provided) on being so required in writing under the hand of the engineer make execute and provide all such works and appliances at his own costs charges and expenses hut under the supervision (if given) and to the reasonable satisfaction of the engineer and according to the plans sections and specifications to be previously submitted to and reasonably approved by him and in the event of the Postmaster-General failing so to do after reasonable notice from the engineer in that behalf the Company may themselves (elsewhere than on the property of the Postmaster-General) execute and provide all such works and appliances and may recover the reasonable cost thereof from the Postmaster-General:

(7) The Postmaster-General shall at his own expense at all times maintain the authorised works and also any further works which may be constructed under the provisions of the preceding Sub-section in substantial repair and good order and condition according to the plans sections and specifications so approved or settled as aforesaid and so as to leave undisturbed at all times the property of the company and if aid whenever the Postmaster-General fails so to do the Company may make and do (elsewhere than on the property of the Postmaster-General) all such works as the engineer may reasonably consider requisite for the protection of the property of the Company and the reasonable amount of their proper expenditure in that behalf shall be repaid to them by the Postmaster-General. Provided always that in the event of any dispute between the Postmaster-General and the Company as to the amount of or necessity for such expenditure such dispute shall be settled by arbitration by an engineer to be appointed as hereinafter provided:

(8) The Postmaster-General shall not in the execution maintenance or repair of any of his works enter upon the surface of any property of the company nor draw out any spoil or other material on such surface nor in any manner obstruct hinder or interfere with the free uninterrupted and safe user of any property of the Company and shall during the execution or repair of any of his works execute all such temporary works and take all such precautions as may be reasonably necessary for the purpose of avoiding risk to the property of the Company:

(9) Notwithstanding anything in this Act contained the Postmaster-General shall be responsible for and make good to the Company all costs losses damages charges and expenses which may be occasioned to the Company or to the property of the Company or otherwise by the construction or failure of the railway or of any act or omission of the Postmaster-General or of any person in his employ or of his contractors or others and the Postmaster-General shall effectually indemnify and hold harmless the Company from all claims and demands upon or against them by reason of such construction or failure or of any such act or omission:

(10) The Postmaster-General's liability for any damage caused to the property of the Company shall not be prejudiced or affected by any approval by the company or the engineer of any plans sections or specifications or any supervision by the engineer of the works of the Postmaster-General or any reasonable requirement of the company or the engineer under the provision of this Section:

(11) If at any time after the construction of the railway the company shall desire to extend their Farringdon Street Goods Depot or execute any other works in the vicinity of the railway the Postmaster-General shall not by reason of the powers conferred by this Act oppose the granting of any necessary Parliamentary powers for such extension or works except for the purpose of obtaining Clauses for the protection of the works of the Postmaster-General.

(12) Any difference which may arise between the Postmaster-General or his engineer on the one hand and the company or the engineer on the other hand as to the reasonableness of any requirement of the company or the engineer or otherwise under the provisions of this Section shall unless otherwise agreed be referred to and determined by an engineer to be agreed upon between the parties or failing such agreement to be appointed on the application of either party by the President of the Institution of Civil Engineers and the provisions of the Arbitration Act, 1889, shall apply to any such reference."

Mr. SPEAKER

This Clause again contains proposals which stand in exactly the same position as the other Amendments to which I have called attention, and I suggest that it should be dealt with in a similar way.