{
  "url": "https://openlegislation.uk/five-estuaries-offshore-wind-farm-order-2025/schedule-9/paragraph-163",
  "json_url": "https://openlegislation.uk/five-estuaries-offshore-wind-farm-order-2025/schedule-9/paragraph-163.json",
  "legislation": "uksi/2025/1376",
  "legislation_title": "The Five Estuaries Offshore Wind Farm Order 2025",
  "legislation_url": "https://openlegislation.uk/five-estuaries-offshore-wind-farm-order-2025",
  "path": "schedule/9/paragraph/163",
  "kind": "paragraph",
  "number": "163",
  "heading": "Facilities and rights for alternative apparatus",
  "text": "(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to Affinity Water facilities and rights for the construction, use, maintenance and protection of alternative apparatus in substitution for Affinity Water’s apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and Affinity Water and must be no less favourable on the whole to Affinity Water than the facilities and rights enjoyed by it in respect of Affinity Water’s apparatus to be removed unless otherwise agreed by Affinity Water or in default of agreement settled by expert determination in accordance with paragraph 168 (expert determination) unless otherwise agreed in writing by the parties.\n(2) In settling those terms and conditions in respect of alternative apparatus to be constructed in the land of the undertaker, any expert will—\n(a) give effect to all reasonable requirements of the undertaker for ensuring the safety and efficient operation of the authorised works and for securing any subsequent alterations or adaptions of the alternative apparatus which may be required to prevent interference with the proposed works of the undertaker; and\n(b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to Affinity Water’s apparatus for which the alternative apparatus is to be substituted.\n(3) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the expert less favourable on the whole to Affinity Water than the facilities and rights enjoyed by it in respect of Affinity Water’s apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the expert must make such provision for the payment of compensation by the undertaker to Affinity Water as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 9 para. 163 in force at 8.1.2026, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1376/schedule/9/paragraph/163",
    "retrieved_at": "2026-10-28T21:07:51.328273+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}