# The M5 Junction 10 Development Consent Order 2025, Paragraph 45: Removal of apparatus Extent: E+W (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 or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of the utility undertaker to maintain that apparatus in that land must not be extinguished, until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the utility undertaker in accordance with sub-paragraphs (2) to (7). (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 the utility undertaker not less than 28 days’ written notice of that requirement, together with a plan 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 the utility undertaker reasonably needs to remove any of its apparatus) the 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 undertaker and subsequently for the maintenance of that apparatus. (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, the utility undertaker must, on receipt of a written notice to that effect from the 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 provided that nothing in this sub-paragraph shall require the utility undertaker to exercise powers of compulsory purchase available to it under the Water Industry Act 1991 or otherwise. (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 the utility undertaker and the undertaker or in default of agreement settled by arbitration in accordance with article 46 (arbitration). (5) The utility undertaker must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 46 (arbitration), 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, subject to the right of the utility undertaker under sub-paragraph (8) to require the undertaker to itself carry out any such removal, subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule. (6) Regardless of anything in sub-paragraph (5), and subject to sub-paragraph (7), if the undertaker gives notice in writing to the utility undertaker that the undertaker desires itself to execute any work or part of any work in connection with the construction or removal of apparatus in any land of the undertaker or to the extent that the utility undertaker fails to proceed with that work in accordance with sub-paragraph (5), provided that the utility undertaker gives its consent in writing (which shall not be unreasonably withheld or delayed and shall be deemed if no response is received by the undertaker within 28 days of the undertaker’s consent request), that work, instead of being executed by the utility undertaker, may be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker and provided that the utility undertaker has been granted the necessary facilities and rights for the construction of alternative apparatus pursuant to sub-paragraph (2) or (3) above (as appropriate). (7) If the undertaker gives notice in writing to the utility undertaker in accordance with sub-paragraph (6) to execute any work, or part of any work solely in connection with the removal of abandoned apparatus, that work, instead of being executed by the utility undertaker, may be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker. (8) If the utility undertaker on receipt of written notice pursuant to sub-paragraph (2) requires the undertaker to carry out any such removal it shall serve counter-notice on the undertaker within 14 days of receipt of the written notice and the undertaker following receipt of that counter-notice shall execute the intended works without unnecessary delay under the superintendence, if given, and to the satisfaction of the utility undertaker. (9) The undertaker shall seek wherever reasonably practicable to allow the apparatus of the utility undertaker to remain in situ rather than remove and/or reposition it. --- Source: https://www.legislation.gov.uk/uksi/2025/795/schedule/9/paragraph/45 (the official version) Page: https://openlegislation.uk/m5-junction-10-development-consent-order-2025/schedule-9/paragraph-45 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.