SCHEDULE 9Protective provisions
PART 13For the protection of Air Products (BR) Limited
Authorisation of works details affecting pipelines or protected crossings
schedule 9 paragraph 187 187.—(1) Any authorisation by Air Products under paragraph 186(a) must not be unreasonably withheld or delayed, and Air Products must communicate its approval or refusal of the works details within 56 days of the date of submission of the works details under paragraph 185(1), and any authorisation may be given subject to such reasonable conditions as Air Products may require to be made for the purpose of securing its affected apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any affected apparatus.
(2) Where Air Products can demonstrate that the relevant work will adversely affect the safety or operation of the pipelines it is entitled to withhold its authorisation until the undertaker can demonstrate to the reasonable satisfaction of Air Products that the relevant work will not adversely affect the safety or operation of the pipelines.
(3) The relevant work must be carried out in accordance with the works details authorised under paragraph 186 and any conditions imposed on the authorisation by Air Products under sub-paragraph (1).
(4) Where there has been a reference to an expert in accordance with sub-paragraph (5) and the expert gives authorisation, the relevant work must be carried out in accordance with the authorisation and conditions contained in the award of the expert under sub-paragraph (6).
(5) In the event that—
schedule 9 paragraph 187 5 a (a)the undertaker considers that Air Products has unreasonably withheld its authorisation under paragraph 186(1); or
schedule 9 paragraph 187 5 b (b)the undertaker considers that Air Products has given its authorisation under paragraph 186(1) subject to unreasonable conditions,
the undertaker may refer the matter to an expert for determination under paragraph 194.
(6) Where the matter is referred to an expert under sub-paragraph (5) the expert is to determine whether or not authorisation should be given and, if so, the conditions which should reasonably be attached to the authorisation.