# The Byers Gill Solar Order 2025, Paragraph 87: Removal of Apparatus

Extent: E+W

(1) Without prejudice to paragraph 82(2) hereof if, in the exercise of the powers conferred by the Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that NWL’s apparatus is relocated or diverted, that apparatus must not be removed, and any right of NWL to maintain that apparatus in that land must not be extinguished, until—
(a) alternative apparatus has been constructed and is in operation to the reasonable satisfaction of NWL; and
(b) facilities and rights have been secured for that alternative apparatus in accordance with paragraph 88.
(2) Without prejudice to the generality of the foregoing and subject always to the provisions of paragraph 84(1), if, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under the Order, the undertaker requires the removal of any of NWL’s apparatus placed in that land, the undertaker must give to NWL 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 NWL reasonably needs to remove any of its apparatus) the undertaker must afford to NWL 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) NWL must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 40 (arbitration), and after the grant to NWL of any such facilities and rights as are referred to in sub-paragraphs 87(2), proceed 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 part of this schedule.
(4) Any alternative apparatus to be constructed in land of the undertaker pursuant to the terms hereof must be constructed in such manner and in such line or situation as may be agreed between NWL and the undertaker both acting reasonably with a view to securing the efficient implementation of the necessary work, the avoidance of unnecessary delay and the continued fulfilment by both parties of their service obligations or in default of agreement settled by arbitration in accordance with article 40 (arbitration).
(5) If NWL notifies the undertaker in writing that it desires the undertaker to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work instead of being executed by NWL must be executed by the undertaker without unnecessary delay under the superintendence and to the reasonable satisfaction of NWL.
(6) If the undertaker gives notice in writing to NWL that the undertaker intends to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by NWL, may, subject to the written consent of NWL (which must not be unreasonably withheld) and in accordance with NWL’s requirements and specifications, be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of, NWL.
(7) Whenever alternative apparatus is to be or is being substituted for existing apparatus, the undertaker shall, before taking or requiring any further step in such substitution works, use reasonable endeavours to comply with NWL’s reasonable requests for a reasonable period of time to enable NWL to—
(a) make network contingency arrangements; or
(b) bring such matters as it may consider reasonably necessary to the attention of end users of the utility in question.

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Source: https://www.legislation.gov.uk/uksi/2025/934/schedule/11/paragraph/87 (the official version)
Page: https://openlegislation.uk/byers-gill-solar-order-2025/schedule-11/paragraph-87
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.