Commentary on provisions of the Act Schedule 23: Party walls etc
Schedule 23 disapplies or modifies various provisions of the Party Wall etc Act 1996 ("the 1996 Act") as respects Phase One works.
	Paragraph 2 removes the requirements under section 1 of the 1996 Act for the nominated undertaker to serve a notice on the adjoining landowner before constructing certain walls and fences.
	Paragraph 3 ensures that an adjoining landowner does not acquire any rights over Phase One works under the 1996 Act.
	Paragraph 4 removes the requirement under section 3 of the 1996 Act for the nominated undertaker, before carrying out works to certain walls or other structures at the boundary of adjoining land, to give notice to the adjoining landowner where the works are carried out in connection with the construction of Phase One works or the maintenance of such works within five years of Phase One being brought into general use. In consequence, the adjoining owner cannot serve a counter-notice under section 4 of the 1996 Act as respects those works.
	Paragraph 5 removes the requirement under section 6 of the 1996 Act to obtain the consent of the adjoining owner (or authorisation under the disputes resolution procedure under the 1996 Act) before carrying out any excavation or erection for Phase One purposes.
	Paragraph 6 modifies section 6 of the 1996 Act where a landowner ("the building owner") proposes to undertake any excavation or erection near a building or structure which is erected for Phase One purposes or is on land held by the Secretary of State or the nominated undertaker for Phase One purposes. The effect of the modification is that the Secretary of State or the nominated undertaker can elect that works for the protection of the building or structure (as agreed between the parties or determined by arbitration) should be carried out by the Secretary of State or the nominated undertaker at the expense of the building owner instead of by the building owner.
	Paragraph 7 makes provision for the determination of disputes under the 1996 Act which relate to a work required for Phase One purposes, or to a building or structure on land held by the Secretary of State or the nominated undertaker for Phase One purposes, in place of the procedure provided by section 10 of the 1996 Act. The disputes are to be determined by a single arbitrator appointed, in default of agreement, by the President of the Institution of Civil Engineers.