Paragraph 191 Retained apparatus: protection of CadentI1

England and Wales

(1)

Not less than 56 days before the commencement of any specified works the undertaker must submit to Cadent a plan and, if reasonably required by Cadent, a ground monitoring scheme in respect of those works.

(2)

The plan to be submitted to Cadent under sub-paragraph (1) must include a method statement and describe—

(a)

the exact position of the works;

(b)

the level at which these are proposed to be constructed or renewed;

(c)

the manner of their construction or renewal including details of excavation, positioning of plant etc.;

(d)

the position of all apparatus;

(e)

by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and

(f)

any intended maintenance regimes.

(3)

The undertaker must not commence any specified works until Cadent has given written approval of the plan so submitted (and the ground monitoring scheme if required).

(4)

Any approval of Cadent given under sub-paragraph (3)—

(a)

may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (5); and

(b)

must not be unreasonably withheld or delayed.

(5)

For the purposes of sub-paragraph (4)(b) it will be deemed to be reasonable for any approval to be refused if Cadent considers that the specified works would—

(a)

cause material risk of damage to its apparatus; or

(b)

prevent access to its apparatus unless alternative means of access to such apparatus is provided in accordance with paragraph 195.

(6)

In relation to any work to which sub-paragraphs (1) and/or (2) apply Cadent may require such modifications to be made to the plan as may be reasonably necessary for the purpose of securing its apparatus against material risk of damage or for the purpose of providing or securing means of access to maintain or use the apparatus no less effectively than was possible before the specified works.

(7)

Works to which this paragraph applies must only be executed in accordance with—

(a)

the plan submitted under sub-paragraphs (1) and (2) (and where relevant sub-paragraph (4)) (and ground monitoring scheme if required), as approved or as amended from time to time by agreement between the undertaker and Cadent; and

(b)

all conditions imposed under sub-paragraph (4)(a), and Cadent will be entitled to watch and inspect the execution of those works where reasonably practicable to do so and in accordance with any relevant health and safety legislation.

(8)

Where Cadent requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to Cadent’s satisfaction prior to the commencement of any specified works (or any relevant part thereof) for which protective works are required prior to commencement.

(9)

If Cadent, 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 183 to 185 and 188 to 190 apply as if the removal of the apparatus had been required by the undertaker under paragraph 189(2).

(10)

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 the specified works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan.

(11)

As soon as reasonably practicable after any ground subsidence event attributable to the specified works (including such an event attributable to its maintenance)—

(a)

the undertaker must implement an appropriate ground mitigation scheme; and

(b)

Cadent retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 192.

(12)

The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to Cadent notice as soon as is reasonably practicable and a plan of those works and must comply with—

(a)

the conditions imposed under sub-paragraph (4)(a) insofar as is reasonably practicable in the circumstances; and

(b)

sub-paragraph (13) at all times.

(13)

At all times when carrying out any works authorised under the Order the undertaker must comply with Cadent’s policies for safe working in proximity to gas apparatus “Specification for safe working in the vicinity of Cadent Assets CAD//SP/SSW/22” and HSE’s “HS(~G)47 Avoiding Danger from underground services”.

Annotations

Commencement

I1: Sch. 9 para. 191 in force at 8.1.2026, see art. 1