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SCHEDULE 9Protective provisions

PART 11For the protection of Phillips 66 Limited

Interpretation

schedule 9 paragraph 143 143.  In this Part of this Schedule—

term affected assets “affected assets” means apparatus owned or operated by P66 on or above ground which in the reasonable opinion of P66 would have the potential to be physically affected by the relevant works;

term apparatus “apparatus” means any part of the pipelines and includes—

(a)

any structure existing at the time when a particular action is to be taken under this Part of this Schedule in which apparatus is or is to be lodged or which will give access to apparatus;

(b)

any cathodic protection, coating or special wrapping of the apparatus; and

(c)

all ancillary apparatus properly appurtenant to the pipelines, that would be treated as being associated with a pipe or systems of pipes under section 65(2) of the Pipe-Lines Act 1962, as if the pipelines were a “pipe-line” in section 65(1) of that Act;

term damage “damage” includes all damage including in relation to a pipeline leakage and the weakening of the mechanical strength of a pipeline;

term engineer “engineer” means an engineer appointed by P66 for the purposes of this Order;

term hor “HOR” means the Humber Oil Refinery which at the date of this Order is owned and operated by P66;

term p66 “P66” means Phillips 66 Limited (company number 00529086) and any subsequent owner of the pipelines or HOR;

term p66 address “P66 address” means the postal address details to be provided pursuant to paragraph ‎161;

term p66 email “P66 email” means the email address details to be provided pursuant to paragraph ‎161;

term pipelines “pipelines” means the pipelines owned and operated by P66 located within the multi-pipeline rack on the north side of A1173 Manby Road and all ancillary apparatus including such works and apparatus properly appurtenant to the pipelines as are specified by section 65(2) of the Pipe-lines Act 1962;

term protected land “protected land” means such parts of the Order land as is within 30 metres of the pipelines;

term relevant work “relevant work” means a work which may have an effect on the operation, maintenance, abandonment of or access to any of the pipelines; and

term works details “works details” means the following—

(a)

a description of the proposed works together with plans and sections of the proposed works where such plans and sections are reasonably required to describe the works concerned or their location;

(b)

details of the undertaker and their principal contractors management of change procedures;

(c)

details of the traffic management plan, which plan must include details of vehicle access routes for construction and operational traffic and which must assess the risk from vehicle movements and include safeguards to address identified risks;

(d)

details of the electrical design of the authorised works in sufficient detail to allow an independent specialist to assess whether AC interference from the authorised development may cause damage to any of the pipelines;

(e)

details of the means by which the pipelines can be properly inspected and if necessary repaired during the construction and operation of the authorised development;

(f)

details of the assessment and monitoring work to be undertaken both prior to the construction of the authorised development and during the operation of the authorised development to ascertain any change or damage to any pipeline cathodic protection system and the proposed remedial works;

(g)

any further particulars provided in accordance with paragraph 144(3).