# The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016, Paragraph 89: Removal of apparatus and rights for alternative apparatus

Extent: E+W

(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that any apparatus is relocated or diverted, that apparatus must not be removed by the undertaker and any right of CLH to maintain and use that apparatus in that land and to gain access to it must not be extinguished until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of CLH.
(2) If, for the purpose of executing any works in, on or under 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 CLH 28 days’ written notice of that requirement, together with a plan 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 CLH reasonably needs to remove any apparatus) the undertaker must, subject to sub-paragraph (3), afford to CLH the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.
(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or 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 undertaker must afford to and, if necessary, acquire for the benefit of CLH the necessary facilities and rights (equivalent to those currently enjoyed by CLH) for the construction, maintenance and use of the alternative apparatus and access to it.
(4) Any alternative apparatus to be constructed in land of 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 CLH and the undertaker or in default of agreement settled by arbitration in accordance with article 43 (arbitration).
(5) CLH must, after the alternative apparatus to be provided or constructed has been agreed or settled in accordance with article 43, and after the grant to CLH of any such facilities and rights as are referred to in sub-paragraphs (2) and (3), proceed as soon as reasonably practicable using all reasonable endeavours to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Schedule.
(6) Irrespective of sub-paragraph (5), if the undertaker gives notice in writing to CLH that it desires itself to execute any work, or part of any work in connection with the construction, removal or decommissioning of apparatus in the land of the undertaker or the construction of alternative apparatus, that work, instead of being executed by CLH, must be executed by the undertaker without unnecessary delay under the superintendence, if required, and to the reasonable satisfaction of CLH.
(7) Nothing in sub-paragraph (6) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 3000 millimetres of the apparatus without CLH’s consent.

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Source: https://www.legislation.gov.uk/uksi/2016/547/schedule/9/paragraph/89 (the official version)
Page: https://openlegislation.uk/a14-cambridge-to-huntingdon-improvement-scheme-development-consent-order-2016/schedule-9/paragraph-89
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.