SCHEDULES

SCHEDULE 10PROTECTIVE PROVISIONS

PART 4FOR THE PROTECTION OF SOUTHERN ELECTRIC POWER DISTRIBUTION PLC AS ELECTRICITY UNDERTAKER

Application

schedule 10 part 4 paragraph 1 + 1.  For the protection of SSE the following provisions will, unless otherwise agreed in writing between the undertaker and SSE, have effect.

Interpretation

schedule 10 part 4 paragraph 2 + 2.  In this Part of this Schedule—

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

term apparatus + “apparatus” means any electric lines or electrical plant as defined in the Electricity Act 1989 belonging to or maintained by SSE;

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

term commence + “commence” has the same meaning as in article 2 of this Order and commencement shall be construed to have the same meaning save that for the purposes of this Part of this Schedule the terms commence and commencement include operations consisting of archaeological investigations, intrusive investigations for the purpose of assessing ground conditions, and remedial work in respect of any contamination or other adverse ground conditions;

term functions + “functions” includes powers and duties;

term ground mitigation scheme + “ground mitigation scheme” means a scheme approved by SSE (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, shall require the undertaker to submit for SSE’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” shall include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of SSE including to construct, inspect, maintain, use, repair, renew or remove the apparatus;

“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 parent company + “parent company” means a parent company of the undertaker acceptable to SSE and which shall have been approved by SSE acting reasonably;

“rights” shall include rights and restrictive covenants and, in relation to decommissioned apparatus, the surrender of rights, release of liabilities and transfer of decommissioned apparatus;

term sse + “SSE” means Southern Electric Power Distribution plc (company number 04094290 whose registered office is at No. 1 Forbury Place, 43 Forbury Road, Reading, United Kingdom, RG1 3JH) or its successors in title or successor bodies and/or any successor as an electricity distribution licence holder pursuant to the Electricity Act 1989;

term sses undertaking + “SSE’s undertaking” means the rights, duties and obligations of SSE as an electricity distribution licence holder within the meaning of the Electricity Act 1989;

term specified works + “specified works” means any of the authorised works or activities undertaken in association with the authorised works which—

On Street apparatus

schedule 10 part 4 paragraph 3 + 3.—(1) The provisions of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and SSE are regulated by the provisions of Part 3 of the 1991 Act.

(2) Paragraphs 6 and 7 of this Part of this Schedule shall apply to diversions even where carried out under the 1991 Act, in circumstances where any apparatus is diverted from an alignment within the existing adopted public highway but not wholly replaced within the existing adopted public highway.

Apparatus of SSE in stopped up streets

schedule 10 part 4 paragraph 4 + 4.—(1) Notwithstanding the temporary closure or diversion of any highway under the powers of article 11 (temporary closure of streets), SSE will be at liberty at all times to take all necessary access across any such closed highway and/or to execute and do all such works and things in, upon or under any such highway as it would have been entitled to do immediately before such temporary closure or diversion in respect of any apparatus which at the time of the closure or diversion was in that highway subject to serving 7 days’ notice on the undertaker (save in cases of emergency).

(2) The protective provisions in this Part of this Schedule apply and take precedence over article 35 (apparatus and rights of statutory undertakers in stopped up streets) of the Order which shall not apply to SSE.

Protective works to buildings

schedule 10 part 4 paragraph 5 + 5.—(1) The undertaker, in the case of the powers conferred by article 18 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus without the written consent of SSE (not to be unreasonably withheld or delayed) and, if by reason of the exercise of those powers any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) or property of SSE or any interruption in the distribution of electricity by SSE, as the case may be, is caused, the undertaker must bear and pay on demand the cost reasonably incurred by SSE in making good such damage or restoring the supply; and, subject to sub-paragraph (2), shall pay reasonable compensation to SSE for—

schedule 10 part 4 paragraph 5 1 a + (a)any loss sustained by it; and

schedule 10 part 4 paragraph 5 1 b + (b)all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from or incurred by SSE, by reason of any such damage or interruption.

(2) Nothing in this paragraph imposes any liability on the undertaker with respect to any damage or interruption to the extent that such damage or interruption is attributable to the act, neglect or default of SSE or its contractors or workmen, and SSE will give to the undertaker reasonable notice of any claim or demand as aforesaid and no settlement or compromise with any third party thereof shall be made by SSE, save in respect of any payment required under a statutory compensation scheme, without first consulting the undertaker and giving the undertaker an opportunity to make representations as to the claim or demand.

Removal of apparatus

schedule 10 part 4 paragraph 6 + 6.—(1) If, in consequence of the powers granted under this Order, 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 SSE to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, is in operation, and the rights and facilities referred to in sub-paragraph (2) have been provided, to the reasonable satisfaction of SSE and in accordance with sub-paragraphs (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 SSE 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 SSE reasonably needs to move or remove any of its apparatus) the undertaker must afford to SSE, to its reasonable satisfaction (taking into account paragraph 7(1)), the necessary facilities and rights—

schedule 10 part 4 paragraph 6 2 a + (a)for the construction of alternative apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by SSE in respect of the apparatus);

schedule 10 part 4 paragraph 6 2 b + (b)subsequently for the maintenance of that apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by SSE in respect of the apparatus); and

schedule 10 part 4 paragraph 6 2 c + (c)to allow access to that apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by SSE in respect of the 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, SSE may, 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.

(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 SSE and the undertaker.

(5) SSE must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the prior grant to, or procurement by, SSE of such facilities and rights as are referred to in sub-paragraphs (2) or (3) have been afforded to SSE to its reasonable satisfaction, 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 10 part 4 paragraph 7 + 7.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for SSE 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 SSE and must be no less favourable on the whole to SSE than the facilities and rights enjoyed by it in respect of the apparatus to be decommissioned or removed unless otherwise agreed by SSE.

(2) If the facilities and rights to be afforded by the undertaker and agreed with SSE 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 SSE than the facilities and rights enjoyed by it in respect of the apparatus to be decommissioned or removed (in SSE’s opinion) then the terms and conditions to which those facilities and rights are subject in the matter will be referred to arbitration in accordance with paragraph 14 (arbitration) of this Part of this Schedule and the arbitrator shall make such provision for the payment of compensation by the undertaker to SSE as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection of SSE

schedule 10 part 4 paragraph 8 + 8.—(1) Not less than 56 days before the commencement of any specified works the undertaker must submit to SSE a plan and, if reasonably required by SSE, a ground monitoring scheme in respect of those works.

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

schedule 10 part 4 paragraph 8 2 a + (a)the exact position of the works;

schedule 10 part 4 paragraph 8 2 b + (b)the level at which these are proposed to be constructed or renewed;

schedule 10 part 4 paragraph 8 2 c + (c)the manner of their construction or renewal including details of excavation and positioning of plant etc;

schedule 10 part 4 paragraph 8 2 d + (d)the position of all apparatus;

schedule 10 part 4 paragraph 8 2 e + (e)by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and

schedule 10 part 4 paragraph 8 2 f + (f)any intended maintenance regimes.

(3) The undertaker must not commence any works to which sub-paragraphs (1) and (2) apply until SSE has given written approval of the plan so submitted.

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

schedule 10 part 4 paragraph 8 4 a + (a)may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (5) or (7); and,

schedule 10 part 4 paragraph 8 4 b + (b)must not be unreasonably withheld.

(5) In relation to any work to which sub-paragraphs (1) and/or (2) apply, SSE may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing 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-paragraphs (1) and (2) or, as relevant, sub-paragraph (4), as approved or as amended from time to time by agreement between the undertaker and SSE and in accordance with all conditions imposed under sub-paragraph (4)(a), and SSE will be entitled to watch and inspect the execution of those works.

(7) Any requirements made by SSE under sub-paragraph (5) must be notified to the undertaker within a period of 56 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

(8) Where SSE 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 SSE’s reasonable satisfaction prior to the commencement of any authorised works (or any relevant part thereof) for which protective works are required prior to commencement.

(9) If SSE, 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 6(2) to 6(5) apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(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 authorised 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) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to SSE notice as soon as is reasonably practicable and a plan of those works and must comply with—

schedule 10 part 4 paragraph 8 11 a + (a)the conditions imposed under sub-paragraph (4)(a) insofar as is reasonably practicable in the circumstances; and

schedule 10 part 4 paragraph 8 11 b + (b)sub-paragraph (12) at all times.

(12) As soon as reasonably practicable after any ground subsidence event attributable to the authorised development the undertaker shall implement an appropriate ground mitigation scheme save that SSE 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 10.

Retained apparatus: protection of SSE as electricity undertaker – overhead lines

schedule 10 part 4 paragraph 9 + 9.—(1) Not less than 56 days before the commencement of any specified work that does not require the removal of apparatus under paragraph 6(2) (removal of apparatus) the undertaker must submit to SSE a plan and seek from SSE details of the underground extent of its electricity tower foundations.

(2) The plan to be submitted under sub-paragraph (1) must show—

schedule 10 paragraph 9 2 a + (a)the exact position of the specified work;

schedule 10 paragraph 9 2 b + (b)the level at which the specified work is proposed to be constructed or renewed;

schedule 10 paragraph 9 2 c + (c)the manner of the construction or renewal of the specified work including details of excavation and positioning of plant;

schedule 10 paragraph 9 2 d + (d)the position of all apparatus;

schedule 10 paragraph 9 2 e + (e)by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and

schedule 10 paragraph 9 2 f + (f)details of any ground monitoring scheme if required.

(3) In relation to any works which will or may be situated on, over, under or within 15 metres of any part of the foundations of an electricity tower or between any two or more electricity towers, the plan to be submitted under sub-paragraph (1) must include a method statement which must, in addition to the matters set out in sub-paragraph (2)—

schedule 10 part 4 paragraph 9 3 a + (a)describe details of any cable trench design including route, dimensions and clearance to pylon foundations;

schedule 10 part 4 paragraph 9 3 b + (b)demonstrate that pylon foundations will not be affected prior to, during and post construction;

schedule 10 paragraph 9 3 c + (c)describe details of load bearing capacities of trenches;

schedule 10 paragraph 9 3 d + (d)describe details of cable installation methodology, including access arrangements, jointing bays and backfill methodology;

schedule 10 paragraph 9 3 e + (e)provide a written management plan for high voltage hazard during construction and on-going maintenance of the cable route;

schedule 10 paragraph 9 3 f + (f)provide written details of the operations and maintenance regime for the cable, including frequency and method of access;

schedule 10 paragraph 9 3 g + (g)assess earth rise potential if reasonably required by SSE’s engineers; and

schedule 10 paragraph 9 3 h + (h)provide evidence that trench bearing capacity is to be designed to 26 tonnes to take the weight of overhead line construction traffic.

(4) The undertaker must not commence any works requiring the submission of a plan under sub-paragraph (1) until SSE has given written approval of the plan so submitted.

(5) Any approval of SSE required in relation to a plan submitted under sub-paragraph (1)—

schedule 10 paragraph 9 5 a + (a)may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (6); and

schedule 10 paragraph 9 5 b + (b)must not be unreasonably withheld.

(6) Any conditions made by SSE under sub-paragraph (5) must be notified to the undertaker within a period of 56 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

(7) In relation to any work requiring the submission of a plan under sub-paragraph (1), SSE may require such modifications to be made to the plan as may be reasonably necessary for the purpose of securing its system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

(8) Works requiring the submission of a plan under sub-paragraph (1) must be executed only in accordance with the plan, as amended from time to time by agreement between the undertaker and SSE and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (5), (6), (9) or (10) by SSE for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and SSE is to be entitled to watch and inspect the execution of those works.

(9) Where SSE requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works must be carried out to SSE’s satisfaction prior to the commencement of works requiring the submission of a plan under sub-paragraph (1) and SSE must give 56 days’ notice of such works from the date of submission of the plan (except in an emergency).

(10) If SSE, in accordance with sub-paragraphs (6) or (9) 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 6(2) to (5) apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(2).

(11) 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 any works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph apply to, and in respect of, the new plan.

(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 SSE notice as soon as is reasonably practicable a plan of those works and must—

schedule 10 paragraph 9 12 a + (a)comply with conditions imposed under sub-paragraph (5)(a) insofar as is reasonably practicable in the circumstances; and

schedule 10 paragraph 9 12 b + (b)comply with sub-paragraph (13) at all times.

(13) As soon as reasonably practicable after any ground subsidence event, the undertaker must implement an appropriate ground mitigation scheme.

Expenses

schedule 10 part 4 paragraph 10 + 10.—(1) Subject to the following provisions of this paragraph, the undertaker must pay to SSE on demand all charges, costs and expenses reasonably anticipated or incurred by SSE for, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or rights or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised works as are referred to in this Part of this Schedule, including, without limitation—

schedule 10 part 4 paragraph 10 1 a + (a)any costs reasonably incurred by, or compensation properly paid by, SSE in connection with the negotiation or acquisition of rights or the exercise of statutory powers for such apparatus including, without limitation, all costs (including professional fees) reasonably incurred by SSE as a consequence of SSE—

schedule 10 paragraph 10 1 a i + (i)using its own compulsory purchase powers to acquire any necessary rights under paragraph 6(3) if it elects to do so; and/or

schedule 10 paragraph 10 1 a ii + (ii)exercising any compulsory purchase powers in the Order transferred to or benefitting SSE;

schedule 10 part 4 paragraph 10 1 b + (b)in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;

schedule 10 paragraph 10 1 c + (c)the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;

schedule 10 paragraph 10 1 d + (d)the approval of plans;

schedule 10 paragraph 10 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 10 paragraph 10 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 provided these are directly related and proportionate to such works; and

schedule 10 paragraph 10 1 g + (g)any watching brief pursuant to paragraph 8(6) or paragraph 9(8).

(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 10 part 4 paragraph 10 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 10 part 4 paragraph 10 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 14 (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 SSE by virtue of sub-paragraph (1) 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.

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

schedule 10 part 4 paragraph 10 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 10 part 4 paragraph 10 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 SSE in respect of works by virtue of sub-paragraph (1) must, 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 affected 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.

(6) Where SSE demands payment of reasonably anticipated charges, costs and expenses pursuant to sub-paragraph (1), SSE must provide the undertaker with an itemised invoice or claim detailing such charges, costs, and expenses reasonably anticipated to fall due within the following three months of such a demand, The undertaker shall pay the reasonably anticipated costs set out in the itemised invoice to SSE on demand in accordance with sub-paragraph (1). To the extent that this sum paid in advance has not been expended by SSE within six months after payment by the undertaker of that sum, the undertaker may demand the unspent balance remaining to be repaid by SSE and SSE shall repay that unspent balance within 30 days (unless otherwise agreed in writing between the parties).

Enactments and agreements

schedule 10 part 4 paragraph 11 + 11.  Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by agreement in writing between SSE and the undertaker, nothing in this Part of this Schedule shall affect the provisions of any enactment or agreement regulating the relations between the undertaker and SSE 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 10 part 4 paragraph 12 + 12.—(1) Where in consequence of the proposed construction of any of the authorised works the undertaker or SSE requires the removal of apparatus under paragraph 6(2) or SSE makes requirements for the protection or alteration of apparatus under paragraphs 8 or 9, the undertaker shall 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 SSE’s undertaking, and SSE shall use its best endeavours to co-operate with the undertaker for that purpose.

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

Access

schedule 10 part 4 paragraph 13 + 13.  If in consequence of the powers granted under this Order the access to any apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by SSE in respect of the apparatus) is materially obstructed, the undertaker must provide such alternative rights and means of access to such apparatus as will enable SSE to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

schedule 10 part 4 paragraph 14 + 14.  Save for differences or disputes arising under paragraph 8 and paragraph 9 any difference or dispute arising between the undertaker and SSE under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and SSE, be determined by arbitration in accordance with article 46 (arbitration) of the Order.

Notices

schedule 10 part 4 paragraph 15 + 15.  The plans submitted to SSE by the undertaker pursuant to paragraphs 8(1) and 9(1) must be sent to SSE at No. 1 Forbury Place, 43 Forbury Road, Reading, United Kingdom, RG1 3JH and at Raaj.Bains@sse.com or such other address as SSE may from time to time appoint instead for that purpose and notify to the undertaker.