Paragraph 161 Acquisition of landI1

Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker must not—

where Affinity Water’s apparatus is to remain in, on, under or over any authorised works or property of the undertaker that are to be present as a result of any appropriation, acquisition, extinguishment, interference or overriding within subparagraph 161(1)(b), reasonable provisions in respect of the necessary consent by the undertaker that might otherwise be required from the undertaker under Schedule 13 to the Water Industry Act 1991 in respect of any interference to such authorised works or property of the undertaker resulting from the carrying out of any works or the exercise of any other powers by Affinity Water in respect of such of Affinity Water’s apparatus. The reasonable provisions in sub-paragraph (1)(b)(ii) may include requirements for the undertaker and Affinity Water to determine no later than the date of completion of the authorised works, works or exercise of powers or categories of works or exercise of powers the carrying out or exercise of which by Affinity Water is capable of being consented to in advance by the undertaker. In respect of such works or powers that are capable of being consented to in advance by the undertaker, that advance consent under Schedule 13 of the Water Industry Act 1991 will be given by the undertaker on completion of the authorised works. In respect of those works or powers the carrying out or exercise of which by Affinity Water is not capable of being consented to in advance, the reasonable provisions will set out a process for the giving of consent under Schedule 13 within specified expedited timescales (such timescales to be agreed between the undertaker and Affinity Water acting reasonably) following any request for such consent by Affinity Water.