SCHEDULES

SCHEDULE 14PROTECTIVE PROVISIONS

PART 5FOR THE PROTECTION OF SPECIFIED GAS UNDERTAKERS

Application

schedule 14 paragraph 48 + 48.  For the protection of the gas undertakers referred to in this Part of this Schedule, the following provisions will, unless otherwise agreed in writing between the undertaker and the gas undertaker concerned, have effect.

Interpretation

schedule 14 paragraph 49 + 49.  In this Part of this Schedule—

term alternative apparatus + “alternative apparatus” means appropriate alternative apparatus to the reasonable satisfaction of the gas undertaker to enable the gas undertaker to fulfil its statutory functions in a manner no less efficient than previously;

term apparatus + “apparatus” means any gas mains, pipes, pressure governors, ventilators, cathodic protections, cables or other apparatus belonging to or maintained by the gas undertaker for the purposes of its undertaking together with any replacement apparatus and such other apparatus constructed pursuant to this Order that becomes operational apparatus of the gas undertaker for the purposes of its undertaking and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;

term cadent gas limited + “Cadent Gas Limited” means Cadent Gas Limited (company number 10080864), whose registered office is at Pilot Way, Ansty, Coventry, England CV7 9JU;

“commence” and “commencement” include any surveys, monitoring, work operations, remedial work in respect of any contamination or other adverse ground conditions, the receipt and erection of construction plant and equipment, and non-intrusive investigations for the purpose of assessing ground conditions;

term deed of consent + “deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary or replace existing easements, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;

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

term functions + “functions” includes powers and duties;

term gas supply + “gas supply” means the transmission, transportation, supply or storage of gas;

term gas undertaker + “gas undertaker” means Cadent Gas Limited or Southern Gas Networks plc as the case may be and includes any successor in title or any successor as a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986(1);

term ground mitigation scheme + “ground mitigation scheme” means a scheme approved by the gas undertaker (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;

term ground monitoring scheme + “ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, requires the undertaker to submit for the gas undertaker’s approval a ground mitigation scheme;

term ground subsidence event + “ground subsidence event” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme;

“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;

“maintain” and “maintenance” have effect as if the gas undertaker’s existing apparatus was authorised development and as if the term maintain includes protect and use;

“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;

term rights + “rights” includes restrictive covenants and, in relation to decommissioned apparatus, the surrender of rights, release of liabilities and transfer of decommissioned apparatus;

term southern gas networks + “Southern Gas Networks” means Southern Gas Networks Plc (company number 05167021, whose registered office is at St Lawrence House, Station Approach, Horley, Surrey, RH6 9HJ);

term specified works + “specified works” means any of the authorised development or activities (including maintenance) undertaken in association with the authorised development which—

term undertaking + “undertaking” means the rights, duties and obligations of the gas undertaker as a public gas transporter within the meaning of section 7(2) of the Gas Act 1986.

On Street apparatus

schedule 14 paragraph 50 + 50.—(1) This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the gas undertaker are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act, except for—

schedule 14 paragraph 50 1 a + (a)paragraphs 51(on street apparatus), 56 (retained apparatus: protection of the gas undertaker), 57 (expenses) and 58 (indemnity); and

schedule 14 paragraph 50 1 b + (b)where sub-paragraph (2) applies, paragraphs 54 (removal of apparatus) and 55 (facilities and rights for alternative apparatus).

(2) This sub-paragraph applies where any apparatus is diverted from an alignment within the existing adopted public highway but not wholly replaced within the existing adopted public highway, notwithstanding that any diversion may be carried out under the provisions of Part 3 of the 1991 Act.

(3) Paragraph 57 (expenses) does not apply to any part of the authorised development that affects the gas undertaker’s apparatus in a street and which constitutes major highway works, major bridge works or major transport works for the purposes of Part 3 of the 1991 Act, but instead—

schedule 14 paragraph 50 3 a + (a)any allowable costs of the measures needing to be taken in relation to that apparatus in consequence of the authorised development, or in order to facilitate their execution, must be determined in accordance with Part 3 and section 85 (sharing of cost of necessary measures) of that Act, and any regulations for the time being having effect under that section; and

schedule 14 paragraph 50 3 b + (b)any allowable costs are to be borne by the undertaker and the gas undertaker in such proportions as may be prescribed by any such regulations.

Apparatus of the gas undertaker in stopped up streets

schedule 14 paragraph 51 + 51.—(1) Where any street is stopped up under article 14 (permanent stopping up of streets and private means of access), if the gas undertaker has any apparatus in the street or accessed via that street the gas undertaker is entitled to the same rights in respect of such apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the gas undertaker, or procure the granting to the gas undertaker of, legal easements reasonably satisfactory to the gas undertaker in respect of such apparatus and access to it prior to the stopping up of any such street or highway, but nothing in this paragraph affects any right of the undertaker or of the gas undertaker to require the removal of that apparatus under paragraph 54 (removal of apparatus).

(2) Notwithstanding the temporary closure, alteration, diversion or restriction of use of any street under the powers of article 12 (temporary closure, alteration, diversion and restriction of use of streets), the gas undertaker will be at liberty at all times to take all necessary access across any such closed, restricted, 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, diversion or restriction of use in respect of any apparatus which at the time of the stopping up or diversion was in that street.

Protective works to buildings

schedule 14 paragraph 52 + 52.  The undertaker must exercise the powers conferred by article 20 (protective work to land and buildings) so as not to obstruct or render less convenient the access to any apparatus without the written consent of the gas undertaker (such consent not to be unreasonably withheld or delayed).

Acquisition of land

schedule 14 paragraph 53 + 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—

schedule 14 paragraph 53 6 a + (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

schedule 14 paragraph 53 6 b + (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.

Removal of apparatus

schedule 14 paragraph 54 + 54.—(1) If, in the exercise of the powers conferred by this Order, including pursuant to any agreement reached in accordance with paragraph 53 (acquisition of land), the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be decommissioned or removed under this Part of this Schedule and any right of the gas undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, is in operation, and the facilities and rights referred to in sub-paragraph (2) have been provided, to the reasonable satisfaction of the gas undertaker and in accordance with sub-paragraph (2) to (5) inclusive.

(2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to the gas undertaker advance 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 the gas undertaker reasonably needs to move or remove any of its apparatus) the undertaker must afford to the gas undertaker to its satisfaction (taking into account paragraph 55(1) (facilities and rights for alternative apparatus)) the necessary facilities and rights—

schedule 14 paragraph 54 2 a + (a)for the construction of alternative apparatus; and

schedule 14 paragraph 54 2 b + (b)subsequently for the maintenance of that apparatus.

(3) If 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, the gas undertaker must, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour to assist the undertaker in obtaining the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation does not extend to the requirement for the gas undertaker to use its compulsory purchase powers to this end unless it (in its absolute discretion) elects to so do.

(4) Any alternative apparatus to be constructed in land of or land secured by 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 the gas undertaker and the undertaker.

(5) The gas undertaker must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the prior grant to the gas undertaker of such facilities and rights as are referred to in sub-paragraph (2) or (3), then proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to decommission or remove any apparatus required by the undertaker to be decommissioned or removed under the provisions of this Part of this Schedule.

Facilities and rights for alternative apparatus

schedule 14 paragraph 55 + 55.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for the gas undertaker facilities and rights in land for the access to construction and maintenance of alternative apparatus in substitution for apparatus to be decommissioned or removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and the gas undertaker and must be no less favourable on the whole to the gas undertaker than the facilities and rights enjoyed by it in respect of the apparatus to be decommissioned or removed unless otherwise agreed by the gas undertaker.

(2) If the facilities and rights to be afforded by the undertaker and agreed with the gas undertaker under sub-paragraph (1) in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to the gas undertaker than the facilities and rights enjoyed by it in respect of the apparatus to be decommissioned or removed then the terms and conditions to which those facilities and rights are subject may be referred to arbitration in accordance with paragraph 62 of this Part of this Schedule and the arbitrator must make such provision for the payment of compensation by the undertaker to the gas undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection of the gas undertaker

schedule 14 paragraph 56 + 56.—(1) Not less than 56 days before the commencement of any specified works the undertaker must submit to the gas undertaker a plan and, if reasonably required by the gas undertaker, a ground monitoring scheme in respect of those works.

(2) The plan to be submitted to the gas undertaker under sub-paragraph (1) must include a method statement and describe—

schedule 14 paragraph 56 2 a + (a)the exact position of the works;

schedule 14 paragraph 56 2 b + (b)the level at which these are proposed to be constructed or renewed;

schedule 14 paragraph 56 2 c + (c)the manner of their construction or renewal including details of excavation, positioning of plant etc.;

schedule 14 paragraph 56 2 d + (d)the position of all apparatus;

schedule 14 paragraph 56 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 56 2 f + (f)any intended maintenance regimes.

(3) The undertaker must not commence any specified works until the gas undertaker has given written approval of the plan so submitted (and the ground monitoring scheme if required).

(4) Any approval of the gas undertaker required under sub-paragraph (3)—

schedule 14 paragraph 56 4 a + (a)may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (5); and

schedule 14 paragraph 56 4 b + (b)must not be unreasonably withheld or delayed and the gas undertaker must meaningfully engage with the undertaker within 28 days of the date of submission of the plan under sub-paragraph (1).

(5) The gas undertaker 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.

(6) Specified works must only be executed in accordance with—

schedule 14 paragraph 56 6 a + (a)the plan submitted under sub-paragraph (1) (and the ground monitoring scheme if required), as approved or as amended from time to time by agreement between the undertaker and the gas undertaker; and

schedule 14 paragraph 56 6 b + (b)all conditions imposed under sub-paragraph (4)(a), and the gas undertaker will be entitled to watch and inspect the execution of those works.

(7) Where the gas undertaker 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 the gas undertaker’s satisfaction prior to the commencement of any specified works (or any relevant part thereof) for which protective works are required prior to commencement.

(8) If the gas undertaker, 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 48 to 50 and 53 to 55 apply as if the removal of the apparatus had been required by the undertaker under sub-paragraph 54(2) (removal of apparatus).

(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 (and the ground monitoring scheme if required), 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 (and the ground monitoring scheme if required).

(10) As soon as reasonably practicable after any ground subsidence event attributable to the authorised development (including such an event attributable to its maintenance)—

schedule 14 paragraph 56 10 a + (a)the undertaker must implement an appropriate ground mitigation scheme; and

schedule 14 paragraph 56 10 b + (b)the gas undertaker 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 57 (expenses).

(11) 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 the gas undertaker 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 + (12) 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.

Expenses

schedule 14 paragraph 57 + 57.—(1) Subject to the following provisions of this paragraph, the undertaker must pay to the gas undertaker on demand, all charges, costs and expenses reasonably anticipated or reasonably incurred by the gas undertaker in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised development including without limitation—

schedule 14 paragraph 57 1 a + (a)any costs reasonably incurred by or compensation properly paid by the gas undertaker in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs (including professional fees) incurred by the gas undertaker as a consequence of the gas undertaker—

schedule 14 paragraph 57 1 a i + (i)using its own compulsory purchase powers to acquire any necessary rights under paragraph 54(3) (removal of apparatus) if it elects to do so; or

schedule 14 paragraph 57 1 a ii + (ii)exercising any compulsory purchase powers under this Order transferred to or benefitting the gas undertaker;

schedule 14 paragraph 57 1 b + (b)in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;

schedule 14 paragraph 57 1 c + (c)the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;

schedule 14 paragraph 57 1 d + (d)the approval of plans;

schedule 14 paragraph 57 1 e + (e)the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;

schedule 14 paragraph 57 1 f + (f)the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule; and

schedule 14 paragraph 57 1 g + (g)any watching brief pursuant to sub-paragraph 56(6) (retained apparatus: protection of the gas undertaker).

(2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.

(3) If in accordance with the provisions of this Part of this Schedule—

schedule 14 paragraph 57 3 a + (a)apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

schedule 14 paragraph 57 3 b + (b)apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

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 in accordance with paragraph 62 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule 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 apart from this sub-paragraph would be payable to the gas undertaker by virtue of sub-paragraph (1) will be reduced by the amount of that excess save to the extent that it is not possible in the circumstances (or it would be unlawful due to a statutory or regulatory change) 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.

(4) For the purposes of sub-paragraph (3)—

schedule 14 paragraph 57 4 a + (a)an extension of apparatus to a length greater than the length of existing apparatus will not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

schedule 14 paragraph 57 4 b + (b)where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole will be treated as if it also had been agreed or had been so determined.

(5) An amount which apart from this sub-paragraph would be payable to the gas undertaker in respect of works by virtue of sub-paragraph (1) will, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the gas undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Indemnity

schedule 14 paragraph 58 + 58.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works authorised by this Part of this Schedule (including without limitation relocation, diversion, decommissioning, construction and maintenance of apparatus or alternative apparatus) or in consequence of the construction, use, maintenance or failure of any of the authorised development (including works carried out under article 20 (protective work to land and buildings)) by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by the undertaker) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised development) or property of the gas undertaker, or there is any interruption in any service provided, or in the supply of any goods, by the gas undertaker, or the gas undertaker becomes liable to pay any amount to any third party, the undertaker will—

schedule 14 paragraph 58 1 a + (a)bear and pay on demand accompanied by an invoice or claim from the gas undertaker, the cost reasonably incurred by the gas undertaker in making good such damage or restoring the supply; and

schedule 14 paragraph 58 1 b + (b)indemnify the gas undertaker for any other expenses, loss, demands, proceedings, damages, claims, penalty, compensation or costs properly incurred or paid by or recovered from the gas undertaker, by reason or in consequence of any such damage or interruption or the gas undertaker becoming liable to any third party as aforesaid other than arising from any default of the gas undertaker.

(2) The fact that any act or thing may have been done by the gas undertaker on behalf of the undertaker or in accordance with a plan approved by the gas undertaker or in accordance with any requirement of the gas undertaker or under its supervision including under any watching brief will not (unless sub-paragraph (3) applies) excuse the undertaker from liability under the provisions of this sub-paragraph (1) unless the gas undertaker 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) imposes any liability on the undertaker in respect of—

schedule 14 paragraph 58 3 a + (a)any damage or interruption to the extent that it is attributable to the neglect or default of the gas undertaker, its officers, servants, contractors or agents;

schedule 14 paragraph 58 3 b + (b)any part of the authorised development carried out by the gas undertaker in the exercise of any functions conferred by this Order pursuant to a grant or transfer under article 8 (consent to transfer benefit of Order); and

schedule 14 paragraph 58 3 c + (c)any indirect or consequential loss of 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 gas undertaker must give the undertaker reasonable notice of any such third party claim or demand and no settlement, admission of liability or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations.

Enactments and agreements

schedule 14 paragraph 59 + 59.  Except where this Part of this Schedule provides otherwise, nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and the gas undertaker in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

schedule 14 paragraph 60 + 60.—(1) Where in consequence of the proposed construction of any part of the authorised development, the undertaker or the gas undertaker requires the removal of apparatus under paragraph 54(2) (removal of apparatus) or the gas undertaker makes requirements for the protection or alteration of apparatus under paragraph 56 (retained apparatus: protection of the gas undertaker), the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the gas undertaker’s undertaking and the gas undertaker must use its best endeavours to co-operate with the undertaker for that purpose.

(2) For the avoidance of doubt whenever the gas undertaker’s consent, agreement or approval is required in relation to plans, documents or other information submitted by the undertaker or the taking of action by the undertaker, it must not be unreasonably withheld or delayed.

Access

schedule 14 paragraph 61 + 61.  If in consequence of any agreement reached in accordance with paragraph 53(1) (acquisition of land) or the powers conferred by this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative rights and means of access to such apparatus as will enable the gas undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

schedule 14 paragraph 62 + 62.  Save for differences or disputes arising under paragraph 54(2) and (4) (removal of apparatus) any difference or dispute arising between the undertaker and the gas undertaker under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and the gas undertaker, be determined by arbitration in accordance with article 64 (arbitration).

Notices

schedule 14 paragraph 63 + 63.  Notwithstanding article 63 (service of notices) any plans submitted to the gas undertaker by the undertaker pursuant to paragraph 56(1) (retained apparatus: protection of the gas undertaker) must be sent via email and post to such email and postal addresses as the gas undertaker may from time to time appoint for that purpose and notify to the undertaker in writing.