{
  "url": "https://openlegislation.uk/five-estuaries-offshore-wind-farm-order-2025/schedule-9/paragraph-164",
  "json_url": "https://openlegislation.uk/five-estuaries-offshore-wind-farm-order-2025/schedule-9/paragraph-164.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/164",
  "kind": "paragraph",
  "number": "164",
  "heading": "Specified works",
  "text": "(1) Not less than 56 days before commencement of any specified works, the undertaker must submit to Affinity Water a plan in respect of the specified works to be executed.\n(2) The plan must provide details of—\n(a) the exact position, including level, of the specified works and of all Affinity Water’s apparatus;\n(b) a method statement describing the manner of their construction or renewal including details of excavation and positioning of plant;\n(c) detailed drawings showing every alteration proposed to be made to or close to any such apparatus;\n(d) all expected physical impacts (including but not limited to electromagnetic or high voltage effects) that the construction, maintenance or operation of the specified works may have on any of Affinity Water’s apparatus,\nthe removal of which has not been required by the undertaker under paragraph 162(2) or otherwise; and\n(e) any intended maintenance regimes.\n(3) The undertaker must not commence any specified works until the plan has been approved by Affinity Water.\n(4) Any approval of Affinity Water given under sub-paragraph (3)—\n(a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (5)(a); and\n(b) must not be unreasonably withheld or delayed.\n(5) Affinity Water may require—\n(a) such modifications to be made to the plan as may be reasonably necessary for the purpose of securing Affinity Water’s apparatus against interference or risk of damage or for the provision of protective works or for the purpose of providing or securing reasonable means of access to Affinity Water’s apparatus; and\n(b) the undertaker to re-submit the plan as modified, for approval to Affinity Water, and Affinity Water must advise the undertaker within 14 days of submission of the revised plan whether it is approved.\n(6) Affinity Water may as part of giving its approval under sub-paragraph (3) require that any part of specified works comprising of the matters listed below is carried out by Affinity Water, not the undertaker and in which case Affinity Water must proceed with such part of the specified works in accordance with a programme that has been agreed or settled by arbitration in accordance with article 47 (arbitration)—\n(a) the placing, installation, bedding, packing, removal, connection or disconnection of any of Affinity Water’s apparatus, or execute any excavation and filling around any of Affinity Water’s apparatus (where the apparatus is laid in a trench) within 600 millimetres of any apparatus to be retained in situ; or\n(b) any works in relation to any water mains. If the revised plan is not approved within 14 days, the undertaker may require a meeting to be held between the chief engineers of the undertaker and Affinity Water to agree the plan.\n(7) If the undertaker and Affinity Water fail to reach an agreement on the plan, the dispute shall be settled by arbitration in accordance with article 47 (arbitration).\n(8) Specified works must only be executed in accordance with—\n(a) the plan submitted under sub-paragraph (1), as approved or as amended from time to time by agreement between the undertaker and Affinity Water or as otherwise settled by arbitration under sub-paragraph (7); and\n(b) all conditions imposed under sub-paragraph (4)(a),\nand Affinity Water will be entitled to supervise and inspect the execution of those works where reasonably practicable to do so and in accordance with any relevant health and safety legislation.\n(9) Where Affinity Water requires (acting reasonably) any protective works to be carried out by itself or by the undertaker to ensure the safety of Affinity Water’s apparatus (whether of a temporary or permanent nature), Affinity Water must specify what these protective works are, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph. The protective works must be carried out to Affinity Water’s reasonable satisfaction prior to the commencement of any specified works for which protective works are required and Affinity Water must give notice of its requirement (in writing) for such works within 42 days of the date of submission of a plan pursuant to this paragraph (except in an emergency) and in that written notice Affinity Water must specify what the protective works are and how these ensure the safety of Affinity Water’s apparatus (Affinity Water acting reasonably) .\n(10) If Affinity Water in accordance with this paragraph 164 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 156 to 158, 162 and 163apply as if the removal of the apparatus had been required by the undertaker under paragraph 162(2).\n(11) Nothing in this paragraph precludes the undertaker from submitting a new plan instead of the plan previously submitted, and the provisions of this paragraph apply to and in respect of the new plan provided that—\n(a) where the new plan is materially different from the plan previously submitted, this new plan shall be submitted at least 56 days before commencing the execution of any works; and\n(b) where the new plan is not materially different from the plan previously submitted, this new plan shall be submitted at least 28 days before commencing the execution of any works,\nunless otherwise agreed with Affinity Water acting reasonably.\n(12) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency works, but in that case must give to Affinity Water notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with reasonable requirements of Affinity Water in so far as is reasonably practicable in the circumstances.\n(13) In this paragraph, “emergency works” means works which, at the time when they are executed are required in order to put an end to, or to prevent the occurrence of, existing or imminent circumstances (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.\n(14) Nothing in sub-paragraph (11) authorises the undertaker to carry out the works comprising of the matters listed in sub-paragraph (6) and should any such works need to be undertaken they will be undertaken by Affinity Water and in which case Affinity Water must proceed with such part of the specified works in accordance with a programme that has been agreed or settled by arbitration in accordance with article 47 (arbitration).\n(15) As soon as reasonably practicable after any ground subsidence event attributable to the authorised works the undertaker shall implement an appropriate ground mitigation scheme save that Affinity Water retains the right to carry out any further necessary protective works for the safeguarding of Affinity Water’s apparatus and can recover any such costs in line with paragraph 165 (expenses and costs).",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 9 para. 164 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/164",
    "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."
}