SCHEDULES
SCHEDULE 14PROTECTIVE PROVISIONS
PART 5FOR THE PROTECTION OF SPECIFIED GAS UNDERTAKERS
Acquisition of land
53.—(1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker may not appropriate or acquire any interest in land or appropriate, acquire, extinguish, interfere with or override any easement or other interest in land of the gas undertaker otherwise than by agreement.
(2) As a condition of agreement between the parties in sub-paragraph (1), prior to the carrying out or maintenance of any part of the authorised development (or in such other timeframe as may be agreed between the gas undertaker and the undertaker) that is subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of the gas undertaker or affect the provisions of any enactment or agreement regulating the relations between the gas undertaker and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as the gas undertaker reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between the gas undertaker and the undertaker acting reasonably and which must be no less favourable on the whole to the gas undertaker unless otherwise agreed by the gas undertaker, and it will be the responsibility of the undertaker to procure or secure the consent to and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised development or maintenance thereof.
(3) Where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation or removal of apparatus, including but not limited to the payment of costs and expenses relating to such relocation or removal of apparatus and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by the gas undertaker and other enactments relied upon by the gas undertaker as of right or other use in relation to the apparatus, then the provisions in this Schedule prevail.
(4) Any agreement or consent granted by the gas undertaker under paragraph 56 (retained apparatus: protection of the gas undertaker) or any other paragraph of this Part of this Schedule, is not to be taken to constitute agreement under sub-paragraph (1).
(5) As a condition of an agreement under sub-paragraph (1) that involves de-commissioned apparatus being left in situ the undertaker must accept a surrender of any existing easement or other interest of the gas undertaker in such decommissioned apparatus and release the gas undertaker from all liabilities in respect of such de-commissioned apparatus from the date of such surrender.
(6) Where an undertaker acquires land which is subject to any right or interest of the gas undertaker (including, without limitation, easements and agreements relating to rights or other interests) and the provisions of paragraph 54 (removal of apparatus) do not apply, the undertaker must, unless the gas undertaker agrees otherwise—
(a)retain any notice of the gas undertaker’s easement, right or other interest on the title to the relevant land when registering the undertaker’s title to such acquired land; and
(b)(where no such notice of the gas undertaker’s easement, right or other interest exists in relation to such acquired land or any such notice is registered only on the Land Charges Register) include (with its application to register title to the undertaker’s interest in such acquired land at the Land Registry) a notice of the gas undertaker’s easement, right or other interest in relation to such acquired land.