# The Cory Decarbonisation Project Order 2025, Paragraph 42: Retained apparatus

Extent: E+W

(1) Not less than 56 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are within 5 metres of the outside face of any apparatus the removal of which has not been required by the undertaker under paragraph 40(2), the undertaker must submit to TWUL a plan of the works to be executed.
(2) The undertaker must not commence any works to which sub-paragraph (1) applies until TWUL has given written approval of the plan so submitted and such approval may be given subject to reasonable requirements for the purposes mentioned in sub-paragraph (3).
(3) Those works must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements or modifications as may be made in accordance with sub-paragraph (4) by TWUL for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and TWUL is entitled to watch and inspect the execution of those works upon giving at least three weeks’ notice of such intended entry to watch and inspect, unless in an emergency.
(4) Any requirements made by TWUL as a condition of the approval under sub-paragraph (2) must be notified to the undertaker within a period of 35 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.
(5) If by the end of the period of 35 days from the submission of the details relating to required works under sub-paragraph (1) TWUL has not intimated their disapproval of those details and the grounds of such disapproval, the undertaker may give TWUL written notice requiring TWUL to intimate approval or disapproval within a further period of 28 days beginning with the date upon which TWUL receives written notice from the undertaker and if by the expiry of the further 28 days TWUL has not intimated approval or disapproval, TWUL shall be deemed to have approved the details as submitted provided that such notification has been made in accordance with paragraph 56 (notices and applications).
(6) If TWUL in accordance with sub-paragraph (3) 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, paragraphs 34 to 36 and 40 to 42 apply as if the removal of the apparatus had been required by the undertaker under paragraph 40(2).
(7) 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 any works (unless otherwise agreed with TWUL), a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.
(8) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency works but in that case must—
(a) give TWUL notice in accordance with paragraph 56 (notices and applications) as soon as is reasonably practicable;
(b) provide TWUL with a plan of those works as soon as reasonably practicable subsequently;
(c) carry out the works in accordance with industry best practice and guidelines on safe working near utilities;
(d) comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances; and
(e) keep the impact of those emergency works on TWUL’s apparatus to a minimum.
(9) In this Part of this Schedule “emergency works” means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent which are likely to cause danger to persons or serious damage to property. Where works comprise items some of which fall within this definition, the expression “emergency works” shall be taken to include such of the items as do not fall within that definition as cannot reasonably be severed from those that do.

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Source: https://www.legislation.gov.uk/uksi/2025/1227/schedule/12/paragraph/42 (the official version)
Page: https://openlegislation.uk/cory-decarbonisation-project-order-2025/schedule-12/paragraph-42
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.