{
  "url": "https://openlegislation.uk/helios-renewable-energy-project-order-2025/schedule-9/paragraph-76",
  "json_url": "https://openlegislation.uk/helios-renewable-energy-project-order-2025/schedule-9/paragraph-76.json",
  "legislation": "uksi/2025/1372",
  "legislation_title": "The Helios Renewable Energy Project Order 2025",
  "legislation_url": "https://openlegislation.uk/helios-renewable-energy-project-order-2025",
  "path": "schedule/9/paragraph/76",
  "kind": "paragraph",
  "number": "76",
  "heading": null,
  "text": "(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed in or over which access to any apparatus is enjoyed or requires that NPG’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of NPG to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided pursuant to a completed easement which shall include rights to retain and subsequently maintain the apparatus being replaced or diverted for the lifetime of that alterative apparatus, all to the reasonable satisfaction of NPG in accordance with sub-paragraphs (2) to (5).\n(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to NPG 42 days’ advance written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order NPG reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to NPG the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.\n(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed—\n(a) the undertaker must in the first instance use reasonable endeavours to acquire all necessary land interests or rights as NPG may reasonably require for the relocation and construction of alternative apparatus and must use reasonable endeavours to procure all necessary rights to access and maintain NPG’s apparatus and alternative apparatus thereafter the terms of such access and maintenance to be agreed by NPG (acting reasonably);\n(b) In the event that the undertaker is not able to procure the necessary land interest or rights referred to in the sub-paragraph (3) (a) NPG must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably practicable and at the cost of the undertaker (subject to prior approval by the undertaker of its estimate of costs of doing so) use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation shall not extend to the requirement for NPG to use its compulsory purchase powers to this end; and\n(c) In the event that neither the undertaker nor NPG can acquire all necessary land interest or rights which NPG may reasonably require for the relocation and construction of alternative apparatus pursuant to paragraph 76 (3) (a) and /or (b), the undertaker shall seek to amend the Order to include the relevant land and /or rights in the Order Land so that it can use its powers of compulsory purchase powers under the Order (where available) for the acquisition of any such land or land rights unless otherwise agreed by arbitration under article 39.\n(4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between NPG and the undertaker or in default of agreement settled by arbitration in accordance with article 39.\n(5) NPG must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 39, and after the grant to NPG of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1372/schedule/9/paragraph/76",
    "retrieved_at": "2026-10-28T21:07:54.016827+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."
}