Paragraph 202 Acquisition of apparatusI1

England and Wales

(1)

Regardless of any other provision in the Order or anything shown on the land plan—

(a)

the undertaker may not, otherwise than by agreement with Exolum, acquire any apparatus, Exolum’s rights in respect of apparatus or any of Exolum’s interests in the Order land;

(b)

where the undertaker acquires the freehold of any land in which Exolum holds an interest, the undertaker must afford to or secure for Exolum such rights in land in substitution for any right which would be extinguished by that acquisition (the replacement rights). These replacement rights must be granted upon substantially the same terms and conditions as the right to be extinguished, unless otherwise agreed between the undertaker and Exolum, and must be granted or put in place contemporaneously with the extinguishment of the right which they replace;

(c)

the undertaker may not, otherwise than in accordance with this Part of this Schedule—

(i)

obstruct or render less convenient the access to any apparatus;

(ii)

interfere with or affect Exolum’s ability to carry out its functions as an oil pipeline operator;

(iii)

require that apparatus is relocated or diverted; or

(iv)

remove or required to be removed any apparatus;

(d)

any right of Exolum to maintain, repair, renew, adjust, alter or inspect apparatus may not be extinguished by the undertaker until any necessary alternative apparatus has been constructed and it is in operation and the alternative rights have been granted, all to the reasonable satisfaction of Exolum; and

(e)

any right of Exolum to access the Exolum operations may not be extinguished until necessary alternative access has been provided to Exolum’s reasonable satisfaction.

(2)

Prior to the carrying out of any restrictive works or any works authorised by this Order that will affect the apparatus, and if required by Exolum, the parties must use their reasonable endeavours to negotiate and enter into such deeds of consent (crossing consent) and (if considered necessary) variations to the existing rights upon such terms and conditions as may be agreed between Exolum and the undertaker acting reasonably and which must be no less favourable on the whole to Exolum than this Part of this Schedule, and the undertaker will use reasonable endeavours to procure and secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such works.

(3)

Where the undertaker acquires land which is subject to any existing rights and the provisions of paragraph 203(4) do not apply, the undertaker must—

(a)

retain any notice of the existing rights of Exolum on the title to the relevant land when registering the undertaker’s title to such acquired land;

(b)

(where no such notice of the existing rights or other interest exists in relation to such acquired land or any such notice is registered only on the Land Charges Register) include (with an application to register title to the undertaker’s interest in such acquired land at the Land Registry) a notice of the existing rights or other interest in relation to such acquired land; and

(c)

provide up to date official entry copies to Exolum within 20 working days of receipt of such up to date official entry copies.

(4)

Where the undertaker takes temporary possession of any land or carries out survey works on land in respect of which Exolum has apparatus—

(a)

where reasonably necessary, Exolum may exercise its rights to access such land;

(i)

in an emergency, without notice; and

(ii)

in non-emergency circumstances, having first given not less than 14 days’ written notice to the undertaker in order to allow the parties to agree the timing of their respective works during the period of temporary possession; and

(b)

the undertaker may not remove or in any way alter Exolum’s rights in such land, unless in accordance with the provisions of this Order.

Annotations

Commencement

I1: Sch. 15 para. 202 in force at 27.9.2024, see art. 1