The Viking CCS Carbon Dioxide Pipeline Order 2025

• “premises” means land within the Order limits that the IOT Operators owns, occupies or otherwise has rights to use including but not limited to storage facilities, administrative buildings and jetties;

• “relevant work” means any works that will or may be situated over, or within 15 metres measured in any direction of any of the apparatus and/premises, or will or which may have an effect on the operation, maintenance, abandonment of or access to any of the apparatus and/or premises or involves a physical connection or attachment to any apparatus; and

• “works details” means the following—a description of the proposed works together with plans and sections of the proposed works where such plans and sections are reasonably required to describe the works concerned or their location;details of the undertaker and their principal contractors’ management of change procedures;details of the traffic management plan, which plan must include details of vehicle access routes for construction and operational traffic and which must assess the risk from vehicle movements and include safeguards to address identified risks;details of the electrical design of the relevant work in sufficient detail to allow an independent specialist to assess whether AC interference from the authorised development may cause damage to any of the pipelines;details of the means by which the pipelines can be properly inspected and if necessary repaired during the construction and operation of the authorised development; anddetails of the assessment and monitoring work to be undertaken both prior to the construction of the relevant work and during the operation of the authorised development to ascertain any change or damage to any pipeline cathodic protection system and the proposed remedial works.

Acquisition of apparatus

164

• (1) Regardless of any other provision in the Order or anything shown on the land plans or if the Order covers any premises or interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed—

• (a) the undertaker must grant the IOT Operators upon reasonable notice either (i) during the carrying out of any relevant works and/or (ii) following completion of the relevant works and during the operation of the authorised development access to any apparatus and/or premises for the purposes of inspection, maintenance and repair of such apparatus and upon reasonable notice. For the purposes of this sub-paragraph (a), ‘apparatus’ includes any connection into pipelines or associated infrastructure operated by the IOT Operators and/or any successor pipeline operator;

• (b) the undertaker must not, otherwise than by agreement with the IOT Operators, acquire any apparatus or the right of the IOT Operators in respect of the apparatus;

• (c) where the undertaker acquires the freehold of any land in which the IOT Operators holds an interest, the undertaker must afford to or secure for the IOT Operators such rights in land in substitution for any right which would be extinguished by that acquisition (the replacement rights). These replacement rights must be granted upon substantially the same terms and conditions as the right(s) to be extinguished, unless otherwise agreed between the undertaker and the IOT Operators, and must be granted or put in place contemporaneously with the extinguishment of the rights which they replace;

• (d) the undertaker must not, otherwise in accordance with this Part of this Schedule—

• (i) obstruct or render less convenient the access to any apparatus or premises;

• (ii) interfere with or affect the ability of the IOT Operators to carry out its functions as an oil pipeline operator;

• (iii) require that apparatus is relocated or diverted; or

• (iv) remove or require to be remove any apparatus;

• (e) any right of the IOT Operators to maintain, repair, renew, adjust, alter or inspect apparatus may not be extinguished until any necessary Alternative Apparatus has been constructed, it is in operation and the Alternative Rights have been granted, all to the reasonable satisfaction of the IOT Operators;

• (f) any rights of the IOT Operators to access the apparatus and/or premises must not be extinguished until necessary alternative access has been provided to the reasonable satisfaction of the IOT Operators.

• (2) Prior to the carrying out of any works that will or may be situated over, or within 15 metres measured in any direction of any apparatus and/or premises or may or will conflict with or breach the terms of any easement or other legal or land interest of the IOT Operators or affect the provisions of any enactment or agreement regulating the relations between the IOT Operators and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the parties must as the IOT Operators reasonably require enter into such deeds of consent upon such terms and conditions as may be agreed between the parties acting reasonably and which must be no less favourable on the whole to the IOT Operators than this Schedule, and it will be the responsibility of the undertaker to procure and/or secure the consent and entering into of such deeds and variation by all other third parties with an interest in the land at that time who are affected by such works.

Authorisation of works details affecting pipelines or protected crossings

165

Before commencing any part of a relevant work the undertaker must submit the works details to the IOT Operators and any other information that the IOT Operators may reasonably require to allow it to assess the works.

166

No part of a relevant work is to be commenced until one of the following conditions has been satisfied—

• (a) the works details supplied in respect of that relevant work under paragraph ‎165 have been approved by the IOT Operators; or

• (b) the works details supplied in respect of that relevant work under paragraph ‎165 have been authorised by an expert under paragraph ‎168.

167

• (1) Any approval by the IOT Operators under paragraph ‎165(a) must not be unreasonably withheld or delayed, and the IOT Operators must communicate its approval or refusal of the works details within 56 days of the date of submission of the works details under paragraph ‎165(1) above and any approval may be given subject to such reasonable requirements as the IOT Operators may require to be made for—

• (a) the continuing safety and operational viability of any apparatus and/or premises; and

• (b) the requirement for the IOT Operators to have—

• (i) uninterrupted and unimpeded emergency access with or without vehicles to any apparatus and/or premises at all times; and

• (ii) reasonable access with or without vehicles to inspect, repair, replace and maintain and ensure the continuing safety and operational viability of any apparatus and/or premises.

• (2) The relevant work must be carried out in such manner and in such position or situation as may be agreed between the IOT Operators and the undertaker including any reasonable requirements imposed on the approval by the IOT Operators

• (3) The undertaker must grant the IOT Operators at all times, upon reasonable notice (except in the case of emergencies when no prior notice is required) access (with or without vehicles) to any apparatus and/or premises during the carrying out of any relevant works for the purposes of inspection, maintenance and repair of such apparatus and/or premises.

168

• (1) In the event that—

• (a) the undertaker considers that the IOT Operators have unreasonably withheld their authorisation under paragraph ‎166(1); or

• (b) the undertaker considers that the IOT Operators have given their authorisation under paragraph ‎166(1) subject to unreasonable conditions,

the undertaker may refer the matter for determination under paragraph ‎178.

• (2) Where the matter is referred to an expert under paragraph ‎168(1) the expert is to determine whether or not authorisation should be given and, if so, the conditions which should reasonably be attached to the authorisation under sub-paragraphs (a) and (b) of paragraph ‎168(1).

• (3) Where the undertaker considers that the IOT Operators has unreasonably withheld its authorisation under paragraph ‎168(1) then the matter may be referred to an expert on the application of either party (after giving notice in writing to each other) appointed by the secretary of the United Kingdom Onshore Pipeline Association for determination under paragraph ‎178.

Notice of works

169

The undertaker must provide to the IOT Operators a minimum of 28 days’ notice prior to commencing any relevant work in order that an engineer can be made available to observe the relevant works and, when required, advise on the necessary safety precautions. The IOT Operators will be entitled to watch and inspect the execution of the relevant works at any time.

Monitoring for damage to pipelines

170

• (1) When carrying out the relevant work the undertaker must monitor at all times the relevant apparatus and/or premises to establish whether any loss or damage has occurred.

• (2) Where any loss or damage occurs to any apparatus and/or premises as a result of the relevant work, the undertaker must immediately cease all work in the vicinity of the damage and must immediately notify the IOT Operators to enable repairs to be carried out to the reasonable satisfaction of the IOT Operators and at no cost to the IOT operators.

• (3) If loss or damage has occurred to any apparatus or premises as a result of the relevant work (arising from or caused by the carrying out of the relevant work) the undertaker will, at the request and election of the IOT Operators—

• (a) afford the IOT Operators all reasonable facilities to enable it to fully and properly repair and make good any damage to any apparatus and to test the any apparatus and to pay to the IOT Operators—

• (i) all and any of their costs incurred in doing so including the costs of testing the effectiveness of the repairs and cathodic protection and any further works or testing shown by that testing to be reasonably necessary; and

• (ii) all and any of the costs reasonably incurred by the IOT Operators in stopping, suspending and restoring the supply through its pipeline and make reasonable compensation to the IOT Operators for any other expenses, losses, damages, penalty or costs incurred by the IOT Operators by reason of or in consequence of any such damage or interruption provided that the same arises in consequence of the carrying out of any relevant works; or

• (b) fully and properly repair any relevant apparatus as soon as reasonably practicable, in which case the repairs must be properly tested by the undertaker and be shown to the reasonable satisfaction of the IOT Operators to have effectively repaired the relevant apparatus asset before any backfilling takes place.

• (4) If in the course of carrying out repairs under sub-paragraph (3)(a) or (3)(b) apparatus of a better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus; or apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which existing apparatus was, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker, or, in default of agreement is not determined by arbitration to be necessary, then, if it involves cost in the execution of the repairs exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which would be payable to the IOT Operators under sub-paragraph (3)(a), or incurred by the undertaker under sub-paragraph (3)(b), by virtue of paragraph (3) will be reduced by the amount of that excess.

• (5) Where testing has taken place under sub-paragraph (3)(b), the undertaker must (except where the IOT Operators agree otherwise in writing) provide it with a copy of the results of such testing prior to any backfilling.

• (6) Following the completion of a relevant work if damage is found to have occurred to an affected asset as a result of the relevant work, sub-paragraphs (2) to (4) apply to that damage.

• (7) In relation to the approved assessment and monitoring work to be undertaken both prior to the construction of the relevant work and during the operation of the authorised development to ascertain any change or damage to any pipeline cathodic protection system, the undertaker must undertake any necessary remedial work.

• (8) In the event that the undertaker does not carry out necessary remedial work in a timely manner then the IOT Operators are entitled, but not obliged, to undertake the necessary remedial work and recover all of the costs of doing so from the undertaker.

171

• (1) If any damage occurs to a pipeline causing a leakage or escape from a pipeline, all work in the vicinity must cease and the IOT Operators must be notified immediately.

• (2) Where there is leakage or escape of flammable liquids, the undertaker must immediately—

• (a) remove all personnel from the immediate vicinity of the leak;

• (b) inform the IOT Operators;

• (c) prevent any approach by the public, extinguish all naked flames and other sources of ignition for at least 350 metres from the leakage; and

• (d) assist emergency services as may be requested.

172

Irrespective of anything to the contrary elsewhere in this protective provision—

• (a) the undertaker and the IOT Operators must at all times take reasonable steps to prevent and mitigate any loss, damage, liability, claim, cost or expense (whether indemnified or not) which either suffers as a result of the other’s negligence or breach of this Part of this Schedule; and

• (b) neither the undertaker nor the IOT Operators are liable for any loss, damage, liability, claim, cost or expense suffered or incurred by the other to the extent that the same are incurred as a result of or in connection with the sole, partial or complete breach of this protective provision or negligence arising out of an act, omission, default or works of the other, its officers, servants, contractors or agents.

Costs

173

The undertaker must repay to the IOT Operators all fees, costs, charges and expenses reasonably and properly incurred by them in relation to these protective provisions in respect of—

• (a) approval of works details submitted by the undertaker under paragraph ‎165 and the imposition of reasonable requirements under paragraph ‎167;

• (b) the engagement of an engineer and their observation of the relevant work affecting the pipelines and the provision of safety advice under paragraph ‎169; and

• (c) the repair and testing of a pipeline or protected crossing, and the costs of stopping, suspending and restoring supply, under paragraph ‎170,

including the reasonable costs incurred by the IOT Operators in engaging and retaining such external experts, consultants and contractors as may be reasonably necessary to the IOT Operators to carry out their functions under these protective provisions.

Indemnity and other provisions

174

• (1) The undertaker must indemnify and keep the IOT Operators indemnified against all reasonable loss, costs, charges, damages, liability and expenses reasonably suffered or incurred by the IOT Operators by reason of—

• (a) the construction, operation, maintenance, repair and decommissioning of any relevant work carried out under this Part of this Schedule or the failure of it;

• (b) the carrying out of the authorised development;

• (c) the use or occupation of land over or in the vicinity of any apparatus or in the vicinity of any premises in connection with the carrying out of the authorised development;

• (d) any matters arising directly out of or in connection with the Order; and/or

• (e) any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged upon the construction, operation, maintenance, repair and decommissioning of any relevant work.

• (2) The fact that any act or thing may have been done by the IOT Operators on behalf of the undertaker or in accordance with a plan approved by the IOT Operators or in accordance with any requirement of the IOT Operators or under their supervision will not (unless sub-paragraph (3) below applies), excuse the undertaker from liability under the provisions of sub-paragraph (1) unless the IOT Operators fail to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan.

• (3) Nothing in sub-paragraph (1) shall impose any liability on the undertaker in respect of—

• (a) any damage or interruption to the extent that it is attributable to the neglect or default of the IOT Operators, their officers, servants, contractors or agents; and/or

• (b) any indirect or consequential loss of the IOT Operators or any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption which is not reasonably foreseeable.

• (4) The undertaker and the IOT Operators must at all times take reasonable steps to prevent and mitigate any loss, damage, liability, claim, cost or expense (whether indemnified or not) which either suffers in connection with this Schedule.

• (5) The undertaker warrants that—

• (a) the information it or any of its employees, agents or contractors provide to the IOT Operators about the relevant works or the authorised development and on which the IOT Operators relies in the design of and carrying out of any of the relevant works is accurate; and

• (b) the undertaker or any of its employees, agents or contractors have exercised all the reasonable skill, care, and diligence to be expected of a qualified and experienced member of their respective profession.

• (6) The IOT Operators must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same manner as they would as if settling third party claims on their own behalf from their own funds.

• (7) The IOT Operators must give the undertaker reasonable notice of any claim or demand under sub-paragraph (1) above.

• (8) The undertaker must not commence any relevant works unless and until the IOT Operators has confirmed to the undertaker in writing that it is satisfied (acting reasonably but subject to all necessary regulatory constraints) that the undertaker has procured acceptable public liability insurance with a reputable insurer against its liabilities in accordance with the terms and level of cover notified under sub-paragraph ‎(9) or, in the case of dispute, in accordance with the terms and level of cover determined by an expert under paragraph ‎178 and evidence of that insurance must be provided on request to the IOT Operators.

• (9) Not less than 30 days before commencing any relevant works or before proposing to change the terms of the insurance policy, the undertaker must notify the IOT Operators of details of the terms of the insurance policy that it proposes to put in place, including the proposed level of the cover to be provided.

• (10) The undertaker must maintain insurance in relation to the authorised development affecting the IOT Operators during the construction, operation, maintenance, repair and decommissioning of the authorised development.

• (11) If the IOT Operators has a dispute about the proposed insurance (including the terms or level of cover) to be provided under sub-paragraph ‎(8)—

• (a) The IOT Operators may refer the matter to an expert for determination under paragraph ‎178; and

• (b) the undertaker may put in place an insurance policy it considers to be appropriate and continue with the authorised development at its own risk whilst the determination under paragraph ‎178 is complete, following which the undertaker must adjust the insurance policy if necessary to accord with the determination.

Further protection in relation to the exercise of powers under the Order

175

The undertaker must give written notice to the IOT Operators if any application is proposed to be made by the undertaker for the Secretary of State’s consent under article 7 (benefit of the Order), and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)—

• (a) the nature of the application to be made;

• (b) the extent of the geographical area to which the application relates; and

• (c) the name and address of the person acting for the Secretary of State to whom the application is to be made.

176

The undertaker must, when requested to do so by the IOT Operators, provide it with a complete set of the documents submitted to and certified by the Secretary of State in accordance with article 44 (certification of plans, etc.) in the form of a computer disc with read only memory or such other format as may be agreed between the relevant parties.

177

Prior to the commencement of the authorised development the undertaker must prepare an emergency response plan following consultation with the local emergency services and provide a copy of that plan to the IOT Operators.

Expert Determination

178

• (1) Except as provided for in sub-paragraph (7), article 48 (arbitration) does not apply to this Part of this Schedule.

• (2) Any difference under this Part of this Schedule must be referred to and settled by a single independent and suitable person who holds appropriate professional qualifications and is a member of a professional body relevant to the matter in dispute acting as an expert, such person to be agreed by the differing parties or, in the absence of agreement, identified by the President of the Institution of Civil Engineers.

• (3) All parties involved in settling any difference must use best endeavours to do so within 21 days from the date of a dispute first being notified in writing by one party to the other and in the absence of the difference being settled within that period the expert must be appointed within 28 days of the notification of the dispute.

• (4) The fees of the expert are payable by the parties in such proportions as the expert may determine or, in the absence of such determination, equally.

• (5) The expert must—

• (a) invite the parties to make submission to the expert in writing and copied to the other party to be received by the expert within 21 days of the expert’s appointment;

• (b) permit a party to comment on the submissions made by the other party within 21 days of receipt of the submission;

• (c) issue a decision within 42 days of receipt of the submissions under sub-paragraph (b); and

• (d) give reasons for the decision.

• (6) The expert must consider where relevant—

• (a) the development outcome sought by the undertaker;

• (b) the ability of the undertaker to achieve its outcome in a timely and cost-effective manner;

• (c) the nature of the power sought to be exercised by the undertaker;

• (d) the nature of any operation or development undertaken or proposed to be undertaken by any party other than the undertaker;

• (e) the ability of any party other than the undertaker to undertake a relevant operation or development in a timely and cost-effective manner, while giving consideration to any restriction or limitation which might be caused to the ability of any party to carry out their statutory or regulatory duties, requirements or obligations;

• (f) the effects of the undertaker’s proposals on any party other than the undertaker and the effects of any operation or development undertaken by any party other than the undertaker;

• (g) whether this Order provides any alternative powers by which the undertaker could reasonably achieve the development outcome sought in a manner that would reduce or eliminate adverse effects on any party other than the undertaker;

• (h) the effectiveness, cost and reasonableness of proposals for mitigation arising from any party; and

• (i) any other important and relevant consideration.

• (7) Any determination by the expert is final and binding, except in the case of manifest error in which case the difference that has been subject to expert determination may be referred to and settled by arbitration under article 48 (arbitration).

Notices

179

• (1) The IOT Operators must as soon as reasonably practicable following a written request from the undertaker provide details of the IOT Operators address and IOT Operators email.

• (2) A notice or other document required or authorised to be served on the IOT Operators under this Part of this Schedule must be served—

• (a) by post to the IOT Operators address; and

• (b) by electronic transmission to the IOT Operators email,

or to such other postal or electronic mail address which the IOT Operators may from time to time notify to the undertaker.

• (3) In the event that the IOT Operators do not provide the IOT Operators address and IOT Operators email within 14 days of the undertaker’s request pursuant to sub-paragraph (1) then sub-paragraph (2) does not apply and the undertaker must—

• (a) serve any notice or document on the IOT Operators at their registered offices; and

• (b) send a copy of such notice or document to Immingham Oil Terminal marked for the attention of the terminal manager.

PART 13 — For the protection of Air Products (BR) Limited

Application

180

For the protection of Air Products as referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and Air Products.

Interpretation

181

In this Part of this Schedule—

• “affected assets” means apparatus owned or operated by Air Products on under or above ground which in the reasonable opinion of Air Products would have the potential to be affected by a relevant work;

• “alternative apparatus” means alternative apparatus adequate to enable Air Products to fulfil its contractual obligations in a manner not less efficient than previously;

• “apparatus” means any part of the pipelines and includes—any structure existing at the time when a particular action is to be taken under this Part of this Schedule in which apparatus is or is to be lodged or which will give access to apparatus;any cathodic protection, coating or special wrapping of the apparatus; andall ancillary apparatus properly appurtenant to the pipelines, that would be treated as being associated with a pipe or systems of pipes under section 65(2) of the Pipe-Lines Act 1962, as if the pipelines were a “pipe-line” in section 65(1) of that Act;

• “Air Products” means Air Products Public Limited Company (company number 00103881), Air Products (BR) Limited (company number 02532156) and any subsequent owner of the pipelines;

• “Air Products address” means the postal address details to be provided pursuant to paragraph ‎195;

• “Air Products email” means the email address details to be provided pursuant to paragraph ‎195;

• “damage” includes all damage including in relation to a pipeline leakage and the weakening of the mechanical strength of a pipeline;

• “engineer” means an engineer appointed by Air Products for the purposes of this Part of this Schedule;

• “facilities and rights” for construction and for maintenance including any appropriate working areas required to reasonably and safely undertake that construction or maintenance, and any necessary rights of access;

• “pipelines” means the pipelines owned and operated by Air Products located within the multi-pipeline rack on the north side of A1173 Manby Road and all ancillary apparatus including such works and apparatus properly appurtenant to the pipelines as are specified by section 65(2) of the Pipe-Lines Act 1962;

• “relevant work” means a work which may have an effect on the operation, maintenance, abandonment of or access to any of the apparatus, the removal of which has not been required by the undertaker under paragraph ‎183(2) or otherwise; and

• “works details” means the following—a description of the proposed works together with plans and sections of the proposed works where such plans and sections are reasonably required to describe the works concerned or their location;details of the undertaker and their principal contractors’ management of change procedures;details of the traffic management plan, which plan must include details of vehicle access routes for construction and operational traffic and which must assess the risk from vehicle movements and include safeguards to address identified risks;details of the electrical design of the relevant work in sufficient detail to allow an independent specialist to assess whether AC interference from the authorised development may cause damage to any of the pipelines;details of the means by which the pipelines can be properly inspected and if necessary repaired during the construction and operation of the authorised development;details of the assessment and monitoring work to be undertaken both prior to the construction of the relevant work and during the operation of the authorised development to ascertain any change or damage to any pipeline cathodic protection system and the proposed remedial works; andany further particulars provided in accordance with paragraph ‎185(3).

Acquisition of land

182

Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

183

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that Air Products’ apparatus is relocated or diverted, that apparatus must not be removed under this Part, and any right of Air Products to maintain that apparatus in that land and gain access to it must not be extinguished, until alternative apparatus has been constructed, and is in operation and access to it has been provided, to the reasonable satisfaction of Air Products in accordance with sub-paragraphs ‎(2) to ‎(5).

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to Air Products written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order Air Products reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph ‎(3), secure any necessary consents for the alternative apparatus and afford to Air Products to its reasonable satisfaction the necessary facilities and rights for the construction of alternative apparatus in other land secured by the undertaker and subsequently for the maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph ‎(2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, Air Products must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between Air Products and the undertaker or in default of agreement settled by expert in accordance with paragraph ‎194.

• (5) Air Products must, after the alternative apparatus to be provided or constructed has been agreed or settled through expert determination in accordance with paragraph ‎194 and after the grant to Air Products of any such facilities and rights as are referred to in sub-paragraph ‎(2) or ‎(3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part.

Facilities and rights for alternative apparatus

184

• (1) Where, in accordance with the provisions of this Part, the undertaker affords to or secures for Air Products facilities and rights in land for the construction and maintenance of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and Air Products or in default of agreement settled by expert determination in accordance with paragraph ‎194.

• (2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the expert less favourable on the whole to Air Products than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the expert must make such provision for the payment of compensation by the undertaker to Air Products as appears to the expert to be reasonable having regard to all the circumstances of the particular case.

Authorisation of works details affecting pipelines or protected crossings

185

• (1) Before commencing any part of a relevant work, the undertaker must submit the works details to Air Products in accordance with paragraph ‎195.

• (2) The works details submitted under sub-paragraph (1) will be treated as having been received by Air Products on the date—

• (a) that the undertaker obtains written acknowledgement of receipt from Air Products; or

• (b) two clear working days following the date that the work details were submitted under sub-paragraph (1),

whichever is earliest.

• (3) The undertaker must as soon as reasonably practicable provide such further particulars as Air Products may, within 30 days from receipt of the works details under sub-paragraph ‎(2), reasonably require.

186

No part of a relevant work is to be commenced until one of the following conditions has been satisfied—

• (a) the works details supplied in respect of that relevant work under paragraph ‎185 have been authorised by Air Products; or

• (b) the works details supplied in respect of that relevant work under paragraph ‎185 have been authorised by an expert under paragraph ‎187(5).

187

• (1) Any authorisation by Air Products under paragraph ‎186(a) must not be unreasonably withheld or delayed, and Air Products must communicate its approval or refusal of the works details within 56 days of the date of submission of the works details under paragraph 185(1), and any authorisation may be given subject to such reasonable conditions as Air Products may require to be made for the purpose of securing its affected apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any affected apparatus.

• (2) Where Air Products can demonstrate that the relevant work will adversely affect the safety or operation of the pipelines it is entitled to withhold its authorisation until the undertaker can demonstrate to the reasonable satisfaction of Air Products that the relevant work will not adversely affect the safety or operation of the pipelines.

• (3) The relevant work must be carried out in accordance with the works details authorised under paragraph ‎186 and any conditions imposed on the authorisation by Air Products under sub-paragraph (1).

• (4) Where there has been a reference to an expert in accordance with sub-paragraph ‎(5) and the expert gives authorisation, the relevant work must be carried out in accordance with the authorisation and conditions contained in the award of the expert under sub-paragraph ‎(6).

• (5) In the event that—

• (a) the undertaker considers that Air Products has unreasonably withheld its authorisation under paragraph 186(1); or

• (b) the undertaker considers that Air Products has given its authorisation under paragraph 186(1) subject to unreasonable conditions,

the undertaker may refer the matter to an expert for determination under paragraph ‎194.

• (6) Where the matter is referred to an expert under sub-paragraph ‎(5) the expert is to determine whether or not authorisation should be given and, if so, the conditions which should reasonably be attached to the authorisation.

Notice of works

188

The undertaker must provide to Air Products a minimum of 28 days’ notice prior to commencing any relevant work in order that an engineer can be made available to observe the relevant works and, when required, advise on the necessary safety precautions.

Carrying out work and monitoring for damage to pipelines

189

When carrying out the relevant work the undertaker must undertake the work in accordance with any works details approved in accordance with paragraph 186(1) and in accordance with such requirements as may be made in accordance with paragraph 187(1).

190

• (1) When carrying out the relevant work the undertaker must monitor the relevant affected assets to establish whether damage has occurred.

• (2) Where any damage occurs to any affected asset as a result of the relevant work, the undertaker must immediately cease all work in the vicinity of the damage and must notify Air Products to enable repairs to be carried out to the reasonable satisfaction of Air Products.

• (3) If damage has occurred to an affected asset as a result of the relevant work the undertaker will, at the request and election of Air Products—

• (a) afford Air Products all reasonable facilities to enable it to fully and properly repair and test the affected asset and pay to Air Products costs incurred in doing so including the costs of testing the effectiveness of the repairs and cathodic protection and any further works or testing shown by that testing to be reasonably necessary; or

• (b) fully and properly repair the affected asset as soon as reasonably practicable, in which case the repairs must be properly tested by the undertaker and be shown to the reasonable satisfaction of Air Products to have effectively repaired the affected asset before any backfilling takes place.

• (4) If in the course of carrying out repairs under paragraph ‎190‎(3)(a) or ‎190‎(3)(b) apparatus of a better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus; or apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which existing apparatus was, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker, or, in default of agreement is not determined by arbitration to be necessary, then, if it involves cost in the execution of the repairs exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which would be payable to Air Products under paragraph ‎190‎(3)(a), or incurred by the undertaker under paragraph ‎190‎(3)(b), by virtue of paragraph ‎(3) will be reduced by the amount of that excess save where it is not possible or appropriate in the circumstances (including due to statutory or regulatory changes) to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker.

• (5) Where testing has taken place under paragraph ‎190‎(3)(b), the undertaker must (except where Air Products agree otherwise in writing) provide it with a copy of the results of such testing prior to any backfilling.

• (6) Following the completion of a relevant work if damage is found to have occurred to an affected asset as a result of the relevant work, sub-paragraphs ‎(2) to (4) apply to that damage.

• (7) In relation to the approved assessment and monitoring work to be undertaken both prior to the construction of the relevant work and during the operation of the authorised development to ascertain any change or damage to any pipeline cathodic protection system, the undertaker must undertake any necessary remedial work.

• (8) In the event that the undertaker does not carry out necessary remedial work in a timely manner then Air Products is entitled, but not obliged, to undertake the necessary remedial work and recover the cost of doing so from the undertaker.

191

• (1) If any damage occurs to an affected asset causing a leakage or escape from a pipeline, all work in the vicinity must cease and Air Products must be notified immediately.

• (2) Where there is leakage or escape of gas, the undertaker must immediately—

• (a) remove all personnel from the immediate vicinity of the leak;

• (b) inform Air Products;

• (c) prevent any approach by the public, extinguish all naked flames and other sources of ignition for at least 350 metres from the leakage; and

• (d) assist emergency services as may be requested.

Costs

192

The undertaker must repay to Air Products all fees, costs, charges and expenses properly incurred by them on an indemnity basis in relation to these protective provisions in respect of—

• (a) obtaining necessary facilities and rights in the land in which the alternative apparatus is to be constructed under paragraph ‎183(3);

• (b) authorisation of works details submitted by the undertaker under paragraph ‎185 and the imposition of conditions under paragraph ‎186;

• (c) the engagement of an engineer and their observation of the relevant work affecting the pipelines and the provision of safety advice under paragraph ‎188; and

• (d) the repair and testing of a pipeline or protected crossing under paragraph ‎190,

including the costs incurred by Air Products in engaging and retaining such external experts, consultants and contractors as may be necessary to Air Products to comply with the obligations and requirements set out in these protective provisions.

Indemnity

193

• (1) The undertaker must indemnify and keep Air Products indemnified against all expenses, loss, demands, proceedings, damages, claims, penalty and reasonably foreseeable indirect or consequential loss (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) and costs incurred by or recovered from Air Products—

• (a) by reason of the construction, operation, maintenance, repair and decommissioning of any relevant work or the failure of it; or

• (b) by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged upon the construction, operation, maintenance, repair and decommissioning of any relevant work.

• (2) The fact that any act or thing may have been done by Air Products on behalf of the undertaker or in accordance with a plan approved by Air Products or in accordance with any requirement of Air Products or under its supervision will not (unless sub-paragraph ‎(3) applies), excuse the undertaker from liability under the provisions of sub-paragraph ‎(1) unless Air Products fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan.

• (3) Nothing in sub-paragraph ‎(1) shall impose any liability on the undertaker in respect of—

• (a) any damage or interruption to the extent that it is attributable to the neglect or default of Air Products, its officers, servants, contractors or agents; and/or

• (b) any indirect or consequential loss of Air Products or any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption which is not reasonably foreseeable.

• (4) Air Products must give the undertaker reasonable notice of any claim or demand under sub-paragraph ‎(1) and no settlement or compromise of such a claim or demand is to be made without first consulting the undertaker and considering their representations.

• (5) Air Products must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, use reasonable endeavours to mitigate its loss.

• (6) Air Products must use its reasonable endeavours to mitigate any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies where it is within Air Products’ reasonable ability and control to do so and which expressly excludes any obligation to mitigate liability arising from third parties which is outside of Air Products’ control.

Expert Determination

194

• (1) Except as provided for in sub-paragraph ‎(7), article 48 (arbitration) does not apply to this Part of this Schedule.

• (2) Any difference under this Part of this Schedule must be referred to and settled by a single independent and suitable person who holds appropriate professional qualifications and is a member of a professional body relevant to the matter in dispute acting as an expert, such person to be agreed by the differing parties or, in the absence of agreement, identified by the President of the Institution of Civil Engineers.

• (3) All parties involved in settling any difference must use best endeavours to do so within 21 days from the date of a dispute first being notified in writing by one party to the other and in the absence of the difference being settled within that period the expert must be appointed within 28 days of the notification of the dispute.

• (4) The fees of the expert are payable by the parties in such proportions as the expert may determine or, in the absence of such determination, equally.

• (5) The expert must—

• (a) invite the parties to make submissions to the expert in writing and copied to the other party to be received by the expert within 21 days of the expert’s appointment;

• (b) permit a party to comment on the submissions made by the other party within 21 days of receipt of the submission;

• (c) issue a decision within 42 days of receipt of the submissions under sub-paragraph ‎(5)‎(b); and

• (d) give reasons for the decision.

• (6) The expert must consider where relevant—

• (a) the development outcome sought by the undertaker;

• (b) the ability of the undertaker to achieve its outcome in a timely and cost-effective manner;

• (c) the nature of the power sought to be exercised by the undertaker;

• (d) the nature of any operation or development undertaken or proposed to be undertaken by any party other than the undertaker;

• (e) the ability of any party other than the undertaker to undertake a relevant operation or development in a timely and cost-effective manner, while giving consideration to any restriction or limitation which might be caused to the ability of any party to carry out their statutory or regulatory duties, requirements or obligations;

• (f) the effects of the undertaker’s proposals on any party other than the undertaker and the effects of any operation or development undertaken by any party other than the undertaker;

• (g) whether this Order provides any alternative powers by which the undertaker could reasonably achieve the development outcome sought in a manner that would reduce or eliminate adverse effects on any party other than the undertaker;

• (h) the effectiveness, cost and reasonableness of proposals for mitigation arising from any party; and

• (i) any other important and relevant consideration.

• (7) Any determination by the expert is final and binding, except in the case of manifest error in which case the difference that has been subject to expert determination may be referred to and settled by arbitration under article 48 (arbitration).

Notices

195

• (1) Air Products must as soon as reasonably practicable following a written request from the undertaker provide details of the Air Products address and Air Products email.

• (2) A notice or other document required or authorised to be served on Air Products under this Part of this Schedule must be served—

• (a) by post to the Air Products address; and

• (b) by electronic transmission to the Air Products email,

or to such other postal or electronic mail address which Air Products may from time to time notify to the undertaker.

• (3) In the event that Air Products do not provide the Air Products address and Air Products email within 14 days of the undertaker’s request pursuant to sub-paragraph (1) then sub-paragraph ‎(2) does not apply and the undertaker must serve any notice or document on Air Products at its registered office.

PART 14 — FOR THE PROTECTION OF UNIPER UK LIMITED

196

For the protection of Uniper as referred to in this Part of this Schedule, the following provisions will, unless otherwise agreed in writing between the undertaker and Uniper, have effect.

197

In this part of this Schedule—

• “acceptable credit provider” means a bank or financial institution with a credit rating that is not lower than: (i) “A-” if the rating is assigned by Standard & Poor’s Ratings Group or Fitch Ratings; and (ii) “A3” if the rating is assigned by Moody’s Investors Services Inc.;

• “acceptable insurance” means a third party liability insurance effected and maintained by the undertaker or its contractor with a limit of indemnity of not less than £50,000,000 (fifty million pounds) per occurrence or series of occurrences arising out of one event or such lower amount as approved by Uniper, whether arising pursuant to the undertaker or any person on its behalf. Such insurance must be maintained for the construction and operational period of the authorised development which constitute specified works and arranged with an internationally recognised insurer of repute operating in the London and worldwide insurance market underwriters whose security/credit rating meets the same requirements as an “acceptable credit provider” (including any replacement insurance pursuant to sub-paragraph 205(6)), such policy must include—a waiver of subrogation and an indemnity to principal clause in favour of Uniper; andcontractors’ pollution liability for third party property damage and third party bodily damage arising from pollution, contamination or environmental harm with cover of £10,000,000 (ten million pounds) per event or £20,000,000 (twenty million pounds) in aggregate;

• “acceptable security” means either—a parent company guarantee from a parent company in favour of Uniper to cover the undertaker’s liability to Uniper to a cap of not less than £10,000,000 (ten million pounds) per asset per event up to a total liability cap of £25,000,000 (twenty five million pounds) (in a form reasonably satisfactory to Uniper and where required by Uniper, accompanied with a legal opinion confirming the due capacity and authorisation of the parent company to enter into and be bound by the terms of such guarantee) including any replacement parent company pursuant to sub-paragraph 205(6); ora bank bond or letter of credit from an acceptable credit provider in favour of Uniper to cover the undertaker’s liability to Uniper for an amount of not less than £10,000,000 (ten million pounds) per asset per event up to a total liability cap of £25,000,000 (twenty-five million pounds) (in a form reasonably satisfactory to Uniper) which includes any replacement bank bond or letter of credit pursuant to sub-paragraph 205(6);

• “alternative apparatus” means alternative apparatus to the satisfaction of Uniper to enable Uniper to fulfil its functions in a manner no less efficient than previously;

• “apparatus” means—any fixed and moveable items, which forms, or may form, part of Uniper’s system, including cavities, chambers, pipelines, valves, ventilators, pumps, compressors, pumping or compression systems, control systems and any associated cables (including high voltage, low voltage and datacoms) and any equipment in which electrical conductors are used, supported, or otherwise form, or may form, part of the system, cathodic protection systems, roads, compounds and equipment owned by Uniper;any other equipment or apparatus belonging to or maintained by Uniper or apparatus and such other equipment or apparatus constructed that becomes operational for the purposes of Uniper’s functions including any structure in which equipment or apparatus is, or will be, lodged or which gives, or will give, access to apparatus; orany replacement equipment or apparatus as required or determined by Uniper;

• “as-built” records” means each as-built record or document prepared by the undertaker or delivered to the undertaker by its subcontractors or any other person carrying out the specified works;

• “authorised development” has the same meaning as in article 2 of this Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised development and construction of any works authorised by this Part of this Schedule;

• “commence” has the same meaning as in article 2 of this Order and commencement will be construed to have the same meaning save that for the purposes of this Part of the Schedule the terms commence and commencement include site preparation works, remediation works, environmental (including archaeological) surveys and investigation, site, utility or soil survey, erection of temporary fencing to site boundaries or marking out of site boundaries, installation of temporary amphibian and reptile fencing, the diversion or laying of services or environmental mitigation measures and any such temporary accesses that may be required in association with these;

• “confidential information” means information exchanged during the negotiation or performance of this Part of this Schedule, which is identified in writing by the furnishing party as being confidential at the time of disclosure to the other party;

• “emergency works” has the meaning given to it in section 52 of the 1991 Act;

• “good industry practice” means exercising the degree of skill, diligence, prudence, foresight and care reasonably expected of a skilled and experienced solar developer, which includes obtaining all necessary permits and compliance with any safety rules;

• “functions” includes powers and duties;

• “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;

• “insolvency related event” means, in respect of any person, any step, process, application, filing in court, order, proceeding, notice or appointment is taken or made by or in respect of such person in relation to the Insolvency Act 1986 special resolution regime or for a moratorium, composition, compromise or arrangement with creditors, administration, liquidation (other than for the purposes of amalgamation or reconstruction), dissolution, receivership (administrative or otherwise), distress (or the taking control of goods procedure set out in the Tribunals, Courts and Enforcement Act 2007) or execution in any jurisdiction or such person becomes insolvent or is unable or is deemed unable to pay its debts, suspends making payments on its debts, as they fall due in accordance with the law of any application jurisdiction;

• “maintain” and “maintenance” includes the ability and right to do any of the following in relation to any apparatus or alternative apparatus of Uniper including retain, lay, construct, use, maintain, repair, protect, access, alter, inspect, renew, replace, enlarge, decommission or remove the apparatus or alternative apparatus;

• “parent company” means—a parent company of the undertaker acceptable to and which must have been approved by Uniper acting reasonably; orwhere a parent company is subject to an insolvency related event, a replacement parent company approved by Uniper acting reasonably;

• “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and mitigation measures (including but not limited to integrity reports), earthing philosophies, proposed land and road crossings and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;

• “representative” means Uniper’s directors, officers, employees, agents, consultants and advisers;

• “specified works” means any of the authorised development or activities undertaken in association with the authorised development which—will or may be situated over, under, across, along, upon or within 15 metres measured in any direction of any apparatus, excluding any high pressure pipelines to which sub-paragraph (b) below shall apply;will or may be situated over, under, across, along, upon or within 50 metres measured in any direction of any high pressure pipeline; ormay in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 203 or otherwise;

• “Uniper” means Uniper UK Limited incorporated in England with company number 02796628 and Uniper UK Gas Limited incorporated in England with company number 02436332 and whose registered office is at Compton House 2300 The Crescent, Birmingham Business Park, Birmingham, England, B37 7YE.

198

Except for paragraphs 199 (apparatus of Uniper in temporarily closed, altered or diverted streets), 202 (retained apparatus), 203 (removal or replacement of apparatus), 204 (expenses) and 205 (indemnity) of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of Uniper, the other provisions of this Part of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and Uniper are regulated by the provisions of Part 3 of the 1991 Act.

Apparatus of Uniper in temporarily closed, altered or diverted streets

199

Regardless of the temporary closure, alteration or diversion of any street under the powers of article 13 (temporary restriction of use of streets), Uniper is at liberty at all times to take all necessary access across any such temporarily closed, altered or diverted street and to execute and do all such works and things in, upon or under any such street as it would have been entitled to do immediately before such temporary closure, alteration or diversion in respect of any apparatus which at the time of the temporary closure, alteration or diversion was in that street.

Protective works to buildings

200

The undertaker, in the case of the powers conferred by article 21 (protective work to buildings), must exercise those powers in accordance with paragraph 202 of this Part of this Schedule, so as not to obstruct or render less convenient the access to any apparatus or alternative apparatus.

Acquisition of land

201

Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement with Uniper.

Retained apparatus

202

• (1) Not less than 56 days before the commencement of the execution of any specified works the undertaker must submit to Uniper at the address stated in paragraph 210, a plan in respect of those works.

• (2) The plan to be submitted to Uniper under sub-paragraph (1) must include all comprehensive risk assessments (including any quantitative risk assessments) and any method statement describing—

• (a) the exact position of the works;

• (b) the level at which these are proposed to be constructed or renewed;

• (c) the manner of their construction or renewal including details of excavation, positioning of plant etc;

• (d) the position of all apparatus;

• (e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;

• (f) any changes to the land drainage systems, temporary crossing designs, traffic management plans, health and safety management plans, emergency response plans, planned changes or rerouting of any assets and their corresponding design codes, earth schedules and earthing risk assessments;

• (g) any recommendations or mitigation measures to avoid interference with, or loss or damage to the apparatus (including damage caused by passing over the apparatus by heavy construction machinery) and related remedies should such mitigation measures fail;

• (h) any intended maintenance regimes; and

• (i) a programme of the works, including any proposed start dates and the anticipated duration of the works.

• (3) The undertaker must not commence any works to which sub-paragraphs (1) and (2) apply until Uniper has given written approval of the plan so submitted and the undertaker and Uniper have used reasonable endeavours to carry out a joint site walk in the period 4 weeks before commencement of the works. The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by Uniper, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under this Part of this Schedule.

• (4) Any approval of Uniper required under sub-paragraph (3)—

• (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (5) or (8); and

• (b) must not be unreasonably withheld or delayed.

• (5) In relation to any work to which sub-paragraphs (1) or (2) apply, the undertaker must provide any additional information or documentation as reasonably requested by Uniper and Uniper may require modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

• (6) Works to which this paragraph applies must only be executed in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (4) and (5), as approved or as amended from time to time by agreement between the undertaker and Uniper and in accordance with all conditions imposed under sub-paragraph (4)(a) by Uniper for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Uniper (or its representative) is entitled to attend any meetings related to the specified works and watch, monitor and inspect the execution of those works.

• (7) If, during the carrying out of the authorised development, any aspect of it poses a risk of interference with or loss or damage to the apparatus, the undertaker must immediately notify Uniper, in writing, and submit a revised plan in respect of the affected works to Uniper for approval, and the provisions of this paragraph 202 (retained apparatus) will apply to, and in respect of, the revised plan. If Uniper (or its representative) identifies a potential risk of interference with or loss or damage to the apparatus while watching, monitoring or inspecting the execution of the specified works, then Uniper (or its representative) may request suspension of such works. The undertaker must then submit a revised plan in respect of the affected works to Uniper for approval, and the provisions of this paragraph 202 (retained apparatus) will apply to, and in respect of, the revised plan. Uniper’s (or its representative’s) failure or delay in exercising this right, or the undertaker’s failure to suspend the specified works upon request by Uniper (or its representative), will not relieve the undertaker of its responsibility for any interference with, loss of, or damage to the apparatus.

• (8) Where Uniper requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to Uniper’s satisfaction (acting reasonably).

• (9) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the specified works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan.

• (10) The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works, provided that—

• (a) in respect of danger to persons it must give to Uniper notice as soon as is reasonably practicable by calling Uniper’s emergency telephone line on 0800 389 4795 or such other telephone number notified by Uniper to the undertaker in writing; and

• (b) in respect of danger to property it must notify Uniper in accordance with sub-paragraph (a) above, before any emergency works are commenced by or on behalf of the undertaker, and, in each case, as soon as is reasonably practicable give to Uniper a plan of those works and must—

• (i) comply with sub-paragraphs (5), (6), (7) and (8) insofar as is reasonably practicable in the circumstances; and

• (ii) comply with sub-paragraph (11) at all times.

• (11) At all times when carrying out any works authorised under the Order the undertaker must comply with, and use reasonable endeavours to procure compliance by any party acting on its behalf with, all applicable law and good industry practice. The undertaker must procure that any party carrying out any works on the land on its behalf has knowledge of the apparatus, its location (including as illustrated by a site map) and procure that the obligations contained in this Part of this Schedule are adhered to by such parties working on the land on its behalf.

• (12) The undertaker must prepare, and keep up-to-date, a complete set of red-lined “as-built” records of the execution of the specified works, showing the exact as-built locations, sizes and details of such works as executed. The undertaker must submit to Uniper, no later than twenty (20) business days after the completion of the specified works, all “as-built” records. Uniper may specify the number of copies of any “as built” records acting reasonably.

Removal or replacement of apparatus

203

• (1) The undertaker is not permitted to remove, move or replace any apparatus in land without the prior written consent of Uniper (such consent not to be unreasonably withheld or delayed).

• (2) If, in the exercise of the powers conferred by the Order, the undertaker has exercised its compulsory purchase powers to acquire any interest in or possesses temporarily any Order land in which any apparatus is placed and has the power to move, replace or remove that apparatus, it must not do so under this Part of this Schedule and any right of Uniper to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of Uniper in accordance with sub-paragraphs (3) to (6) inclusive.

• (3) If, for the purpose of executing any specified works in, on, under or over any land held, appropriated or used under this Order pursuant to exercising its compulsory purchase powers the undertaker requires the replacement or removal of any apparatus placed in that land it must give to Uniper no less than 56 days’ advance written notice of that requirement, together with a plan of the work proposed, and where applicable, the proposed replacement apparatus or the position of any alternative apparatus to be provided or constructed and in that case provided that where—

• (a) the undertaker requires the replacement of any apparatus placed in that land, it must be replaced with identical apparatus, provided that if identical apparatus is not available, it must be either—

• (i) replaced with apparatus on a similar or equivalent basis (i.e. like-for-like basis); or

• (ii) where it cannot be replaced on a similar or equivalent basis, then it must be replaced with enhanced apparatus. For the avoidance of doubt, no apparatus may be replaced with anything less advanced than the apparatus being replaced;

• (b) the undertaker requires the removal of any apparatus placed in that land (or if in consequence of the exercise of any of the powers conferred by this Order Uniper reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (4), secure any necessary consents for the alternative apparatus and afford to Uniper to its satisfaction the necessary facilities and rights for the construction of alternative apparatus in other land of or land secured by the undertaker and subsequently for the maintenance of that apparatus, and prior to any removal or any replacement of the apparatus pursuant to this paragraph 203, the parties must agree the value attributable to such apparatus or alternative apparatus, prior to any replacement or removal. If such value cannot be agreed between the parties, such value will be determined in accordance with paragraph 209 (arbitration).