Paragraph 64 Apparatus: protection

(1)

Not less than 56 days before the commencement of any specified works, the undertaker must submit to Viking Link a plan of the works to be executed and seek from Viking Link details of the underground extent of their electricity assets.

(2)

In relation to specified works the plan to be submitted to Viking Link under sub-paragraph (1) must include a method statement and describe—

(a)

the exact position of the works;

(b)

the level at which these are proposed to be constructed or renewed;

(c)

the manner of their construction or renewal including details of excavation, positioning of plant;

(d)

the position of all apparatus;

(e)

by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;

(f)

any intended maintenance regimes;

(g)

an assessment of risks of rise of earth issues; and

(h)

a ground monitoring scheme in respect of those works, if reasonably required by Viking Link.

(3)

The undertaker must not commence any works to which sub-paragraph (2) applies until Viking Link has given written approval of the plan so submitted.

(4)

Any approval of Viking Link required under sub-paragraph (3)—

(a)

may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (5) or (7); and

(b)

must not be unreasonably withheld.

(5)

In relation to any work to which sub-paragraph (2) applies, Viking Link may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage, for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any apparatus.

(6)

Specified works must be executed in accordance with—

(a)

the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (5), as approved or as amended from time to time by agreement between the undertaker and Viking Link; and

(b)

such reasonable requirements as may be made in accordance with sub-paragraphs (5) or (7) by Viking Link for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Viking Link will be entitled to watch and inspect the execution of those works.

(7)

Where, under sub-paragraph (6), Viking Link requires any protective works to be carried out by itself or by the undertaker such protective works (whether of a temporary or permanent nature) inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to Viking Link’s reasonable satisfaction prior to the commencement of any specified works for which protective works are required and Viking Link must give notice of its requirement for such works within 42 days of the date of submission of a plan pursuant to this paragraph (except in an emergency).

(8)

Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the specified works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan.

(9)

The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to Viking Link notice as soon as is reasonably practicable and a plan of those works and must comply with sub-paragraphs (5), (6) and (7) insofar as is reasonably practicable in the circumstances.

(10)

If Viking Link in accordance with sub-paragraphs (5) or (7) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, sub-paragraphs (1) to (3) and (6) to (8) apply as if the removal of the apparatus had been required by the undertaker under paragraph 150(2) (removal of apparatus).