{
  "url": "https://openlegislation.uk/hornsea-two-offshore-wind-farm-order-2016/schedule-12/part-4/paragraph-5",
  "json_url": "https://openlegislation.uk/hornsea-two-offshore-wind-farm-order-2016/schedule-12/part-4/paragraph-5.json",
  "legislation": "uksi/2016/844",
  "legislation_title": "The Hornsea Two Offshore Wind Farm Order 2016",
  "legislation_url": "https://openlegislation.uk/hornsea-two-offshore-wind-farm-order-2016",
  "path": "schedule/12/part/4/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "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, the apparatus must not be removed under this Part, and any right of a utility undertaker to maintain the apparatus in the land must not be extinguished, until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the utility undertaker in question.\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 relevant undertaker requires the removal of any apparatus placed in that land, it must give to the utility undertaker in question 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 a utility undertaker reasonably needs to remove any of its apparatus) the relevant undertaker must, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the relevant undertaker and for the subsequent 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 relevant undertaker, or the relevant 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, the utility undertaker in question must, on receipt of a written notice to that effect from the relevant undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.\n(4) Any alternative apparatus to be constructed in land of the relevant undertaker under this Part must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the relevant undertaker or in default of agreement settled by arbitration in accordance with article 41.\n(5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 41, and after the grant to the utility undertaker 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 relevant undertaker to be removed under this Part.\n(6) Despite anything in sub-paragraph (5), if the relevant undertaker gives notice in writing to the utility undertaker in question that it desires itself to execute any work to which this subparagraph applies, that work, instead of being executed by the utility undertaker, must be executed by the relevant undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.\n(7) Sub-paragraph (6) applies to any part of any work necessary in connection with the construction of alternative apparatus, or the removal of apparatus required to be removed, as will take place in any land of the relevant undertaker.\n(8) Nothing in sub-paragraph (6) authorises the relevant undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 12 Pt. 4 para. 5 in force at 7.9.2016, see art. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2016/844/schedule/12/part/4/paragraph/5",
    "retrieved_at": "2026-10-28T23:20:47.565046+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."
}