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SCHEDULE 9Protective provisions

PART 13For the protection of Air Products (BR) Limited

Interpretation

schedule 9 paragraph 181 181.  In this Part of this Schedule—

term affected assets “affected assets” means apparatus owned or operated by Air Products on under or above ground which in the reasonable opinion of Air Products would have the potential to be affected by a relevant work;

term alternative apparatus “alternative apparatus” means alternative apparatus adequate to enable Air Products to fulfil its contractual obligations in a manner not less efficient than previously;

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 air products “Air Products” means Air Products Public Limited Company (company number 00103881), Air Products (BR) Limited (company number 02532156) and any subsequent owner of the pipelines;

term air products address “Air Products address” means the postal address details to be provided pursuant to paragraph ‎195;

term air products email “Air Products email” means the email address details to be provided pursuant to paragraph ‎195;

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 Air Products for the purposes of this Part of this Schedule;

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

term pipelines “pipelines” means the pipelines owned and operated by Air Products 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 relevant work “relevant work” means a work which may have an effect on the operation, maintenance, abandonment of or access to any of the apparatus, the removal of which has not been required by the undertaker under paragraph ‎183(2) or otherwise; 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 relevant work 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 relevant work 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; and

(g)

any further particulars provided in accordance with paragraph ‎185(3).