Paragraph 2 I1

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable the undertaker in question to fulfil its statutory or other functions, or Air Products (BR) Limited to fulfil its contractual obligations, in a manner no less efficient than previously;

• “apparatus” means—

  1. (a)

     in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989^f1), belonging to or maintained by that undertaker;

  2. (b)

     in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 of the Gas Act 1986^f2 for the purposes of gas supply;

  3. (c)

     in the case of Air Products (BR) Limited any mains, pipes or other apparatus belonging to or maintained by Air Products (BR) Limited for the purpose of the supply of oxygen gas (and “gas apparatus” includes apparatus in relation to oxygen gas);

  4. (d)

     in the case of Phillips 66 Limited all pipelines, apparatus, ancillary apparatus and other infrastructure belonging to or maintained by Phillips 66 Limited including such works and apparatus property associated with the pipelines as specified by section 65(2) of the Pipe-lines Act 1962^f3 and comprising, but not limited to, concrete sleepers and slabs, marker posts including marker posts for any cathodic protection system, steps, stiles, gates and crossings;

  5. (e)

     in the case of Vitol Power Immingham any mains, pipes, isolation valves, emergency shut-down valves and other apparatus belonging to and maintained by Vitol Power Immingham Combined Heat & Power Plant, for the purposes of transporting Natural Gas as the fuel along the pipe-line owned by Vitol Power Immingham, to fire the power plant for the generation of steam and electricity to supply Phillips 66 and Total refineries and supply the National Power Distribution Grid;

  6. (f)

     in the case of E.ON UK Gas Limited any mains, pipes, valves, other apparatus and ancillary equipment belonging to or maintained by E.ON UK Gas Limited for the purpose of transporting any gaseous fuels along the pipeline owned by E.ON UK Gas Limited; and

  7. (g)

     in the case of Centrica Storage Limited any mains, pipes or other apparatus belonging to or maintained by Centrica Storage Limited for the purposes of transporting condensate gas from its gas storage terminal at Easington to the Port of Immingham to be stored and then sold to third parties,

  and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “Centrica Storage Limited” means the company of that name, company number 03294124, whose registered office is at Venture House, 42-54 London Road, Staines, Middlesex, TW18 4HF;

• “functions” includes powers and duties and in the case of Phillips 66 Limited and Centrica Storage Limited means the requirements of its business from time to time;

• “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land;

• “Phillips 66 Limited” means the company of that name, company number 00529086, whose registered office is at 7th Floor, 200-202 Aldersgate Street, London EC1A 4HD;

• “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 the works to be executed; and

• “undertaker” means—

  1. (a)

     any licence holder within the meaning of Part 1 of the Electricity Act 1989;

  2. (b)

     a gas transporter within the meaning of Part 1 of the Gas Act 1986;

  3. (c)

     Air Products (BR) Limited and its successor in title and function;

  4. (d)

     Phillips 66 Limited and its successor in title and function;

  5. (e)

     Vitol Power Immingham and its successor in title and function;

  6. (f)

     E.ON UK Gas Limited and its successor in title and function; and

  7. (g)

     Centrica Storage Limited and its successors in title and function,

  for the area of the authorised development, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.