SCHEDULE 14PROTECTIVE PROVISIONS
PART 6FOR THE PROTECTION OF CADENT GAS LIMITED
Retained apparatus: protection of Cadent
schedule 14 paragraph 75 75.—(1) Not less than 56 days before the commencement of any specified works the undertaker must submit to Cadent a plan and, if reasonably required by Cadent, a ground monitoring scheme in respect of those works.
(2) The plan to be submitted to Cadent under sub-paragraph (1) must include a method statement and describe—
schedule 14 paragraph 75 2 a (a)the exact position of the works;
schedule 14 paragraph 75 2 b (b)the level at which these are proposed to be constructed or renewed;
schedule 14 paragraph 75 2 c (c)the manner of their construction or renewal including details of excavation, positioning of plant etc.;
schedule 14 paragraph 75 2 d (d)the position of all apparatus;
schedule 14 paragraph 75 2 e (e)by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and
schedule 14 paragraph 75 2 f (f)any intended maintenance regimes.
(3) The undertaker must not commence any specified works until Cadent has given written approval of the plan so submitted (and the ground monitoring scheme if required).
(4) Any approval of Cadent given under sub-paragraph (3)—
schedule 14 paragraph 75 4 a (a)may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (5); and
schedule 14 paragraph 75 4 b (b)must not be unreasonably withheld or delayed and Cadent must meaningfully engage with the undertaker within 28 days of the date of submission of the plan under sub-paragraph (1).
(5) For the purposes of sub-paragraph (4)(b) it will be deemed to be reasonable for any approval to be refused if Cadent considers that the specified works would—
schedule 14 paragraph 75 5 a (a)cause interference with or risk of damage to its apparatus; or
schedule 14 paragraph 75 5 b (b)prevent access to its apparatus at any time.
(6) Cadent may require such modifications to be made to the plan 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.
(7) Specified works must only be executed in accordance with—
schedule 14 paragraph 75 7 a (a)the plan submitted under sub-paragraph (1) (and ground monitoring scheme if required), as approved or as amended from time to time by agreement between the undertaker and Cadent; and
schedule 14 paragraph 75 7 b (b)all conditions imposed under sub-paragraph (4)(a), and Cadent will be entitled to watch and inspect the execution of those works where reasonably practicable to do so and in accordance with any relevant health and safety legislation.
(8) Where Cadent 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 Cadent’s satisfaction prior to the commencement of any specified works (or any relevant part thereof) for which protective works are required prior to commencement.
(9) If Cadent, in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 68 to 70 and 72 to 74 apply as if the removal of the apparatus had been required by the undertaker under paragraph 73(2).
(10) 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.
(11) As soon as reasonably practicable after any ground subsidence event attributable to the authorised works (including such an event attributable to its maintenance)—
schedule 14 paragraph 75 11 a (a)the undertaker must implement an appropriate ground mitigation scheme; and
schedule 14 paragraph 75 11 b (b)Cadent retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 76.
(12) The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works but in that case it must give to Cadent notice as soon as is reasonably practicable and a plan of those works and must comply with the conditions imposed under sub-paragraph (4)(a) insofar as is reasonably practicable in the circumstances.
term emergency works (13) In this paragraph, “emergency works” means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.