# The Beacon Fen Energy Park Order 2026, Paragraph 63: Facilities and rights for alternative apparatus


(1) Subject to sub-paragraph (2), where, in accordance with the provisions of this Schedule, the undertaker affords to or secures for Viking Link facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and Viking Link and must be no less favourable on the whole to Viking Link than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by Viking Link.
(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to Viking Link than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject the matter may be referred to arbitration in accordance with paragraph 158 (arbitration) of this Schedule and the arbitrator must make such provision for the payment of compensation by the undertaker to Viking Link as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. In respect of the appointment of an arbitrator under this sub-paragraph, article 43 (arbitration) applies.

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Source: https://www.legislation.gov.uk/uksi/2026/1025/schedule/11/paragraph/63 (the official version)
Page: https://openlegislation.uk/beacon-fen-energy-park-order-2026/schedule-11/paragraph-63
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.