Paragraph 66 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 may not appropriate or acquire apparatus of SGN or appropriate, acquire, extinguish, interfere with or override any easement, other interest or right of SGN over land in which apparatus of SGN is placed otherwise than by agreement.

Prior to the carrying out of any part of the authorised works (or in such other timeframe as may be agreed between SGN and the undertaker) that are subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement and/or other legal or land interest of SGN and/or affect the provisions of any enactment or agreement regulating the relations between SGN and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must provide replacement rights to SGN which must be no less favourable on the whole to SGN unless otherwise agreed by SGN and (to the extent necessary) it will be the responsibility of the undertaker to procure and/or secure the consent to and entering into of any deeds and variations required to be entered into by other third parties in connection with the provision of replacement rights.

The undertaker and SGN agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation and/or removal of apparatus, including but not limited to the payment of costs and expenses relating to such relocation and/or removal of apparatus and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by SGN and/or other enactments relied upon by SGN as of right or other use in relation to the apparatus, then the provisions in this Part of this Schedule shall prevail.

Any agreement or consent granted by SGN under paragraph 69 (retained apparatus: protection of SGN) or any other paragraph of this Part of this Schedule shall not be taken to constitute agreement under sub-paragraph (1).

As a condition of any agreement between the parties in sub-paragraph (1) that involves de-commissioned apparatus being left in situ in any land of the undertaker, the undertaker must accept a surrender of any existing easement and/or other interest of SGN in such decommissioned apparatus and consequently acquire title to such decommissioned apparatus and release SGN from all liabilities in respect of such de-commissioned apparatus from the date of such surrender.

Where the undertaker acquires land which is subject to any SGN right or interest (including, without limitation, easements and agreements relating to rights or other interests) and the provisions of paragraph 67 (removal of apparatus) do not apply, the undertaker must (where the undertaker reasonably considers it compatible with the carrying out of the authorised works)—

If the undertaker acquires land which is subject to any SGN right or interest and the undertaker reasonably considers that it cannot retain SGN’s easement, right or other interest, the undertaker must provide replacement rights to SGN.