SCHEDULES

SCHEDULE 15PROTECTIVE PROVISIONS

PART 2FOR THE PROTECTION OF EASTERN POWER NETWORKS PLC

Retained apparatus

schedule 15 paragraph 16 + 16.—(1) Not less than twenty-eight days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 14(2) of this Part of this Schedule, the undertaker must submit to Eastern Power a plan, section and description of the works to be executed.

(2) Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (4) by Eastern Power for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Eastern Power is entitled to watch and inspect the execution of those works.

(3) If Eastern Power fails to respond to a plan, section and description submitted under sub-paragraph (1) within 42 days of its submission, the undertaker may send a written reminder to Eastern Power, and if Eastern Power has neither given nor refused its approval within 14 days of the issue of such reminder, such approval will be deemed to have been given.

(4) Any requirements made by Eastern Power under sub-paragraph (2) must be made within the period referred to in sub-paragraph (3).

(5) If Eastern Power in accordance with sub-paragraph (4) and 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 9 to 15 of this Part of this Schedule apply as if the removal of the apparatus had been required by the undertaker under paragraph 14(2) of this Part of this Schedule.

(6) Nothing in this paragraph 16 precludes the undertaker from submitting at any time or from time to time, but in no case less than 15 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph 16 apply to and in respect of the new plan, section and description.

(7) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to Eastern Power notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.