OpenLegislation

Paragraph 47 Retained apparatusI1

England and Wales

(1)

Not less than 28 days before starting the execution of any specified works, the undertaker shall consult the utility undertaker and submit to the utility undertaker a plan of the specified works to be executed.

(2)

Specified works must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker is entitled to watch and inspect the execution of those works.

(3)

Any requirements made by the utility undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.

(4)

If the utility undertaker, in accordance with sub-paragraph (3) and in consequence of the specified works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 39 to 41 and 44 to 46 apply as if the removal of the apparatus had been required by the undertaker under paragraph 45(2).

(5)

Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any specified works, a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

(6)

Where the undertaker submits a revised plan of specified works pursuant to a reasonable requirement of the utility undertaker under sub-paragraph (3), the revised plan must be submitted no less than 14 days before commencing the execution of the specified works.

(7)

The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case, it must give to the utility undertaker notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

Annotations

Commencement

I1

Sch. 9 para. 47 in force at 25.6.2025, see art. 1