Paragraph 66 I1

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable Wales & West Utilities to fulfil its statutory functions in a manner no less efficient than previously;

• “apparatus” means any mains, pipes or other apparatus belonging to or maintained by Wales & West Utilities for the purposes of carrying out its statutory undertaking and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “authorised development” has the same meaning as in article 2 (interpretation) of this Order and (unless otherwise specified) for the purposes of this Part of this Schedule shall include associated development and the construction, use, maintenance and decommissioning of the authorised development;

• “functions” includes powers and duties;

• “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land;

• “plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed;

• “security infrastructure” includes cameras, perimeter fencing, fencing and gates and any other security measures which are permanent in nature and reasonably required in order to ensure an appropriate level of security in respect of any apparatus;

• “specified work” means so much of any of the works comprised in the authorised development or activities undertaken in association with the authorised development which—

  1. (a)

     are in, on or under any land purchased, leased, held, appropriated or used under this Order that are not in compliance with safe digging practice and WWU Guidance and are near to, or will or may affect any apparatus the removal of which is not required under this part of this Schedule; or

  2. (b)

     will or may be situated within 4 metres measured in any direction of any security infrastructure belonging to or maintained by Wales & WestWales & West Utilities;

• “Wales & West Utilities” means Wales & West Utilities Limited (Company No. 05046791) whose registered office is at Wales & West House, Spooner Close Coedkernew, Newport, South Wales, NP10 8FZ and includes any successor in title in respect of the apparatus or any successor as a gas transporter (within the meaning of Part 1 of the Gas Act 1986^f1) within the area of the authorised development; and

• “WWU Guidance” means WW/SP/SSW/22 in relation to intermediate pressure pipelines and high pressure pipelines and the Medium Pressure General Conditions covering medium pressure pipelines or such replacement guidance issued by Wales & West Utilities.