Paragraph 73 Retained apparatusI1

Not less than 42 days before starting the execution of any specified works, the undertaker must submit to Wales & West Utilities a plan, section and description of the specified works to be executed.

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

Any requirements made by Wales & West Utilities under sub-paragraph (2) are to be made within a period of 28 days beginning with the date on which a plan, section and description under sub-paragraph (1) is submitted to it.

If Wales & West Utilities, in accordance with sub-paragraph (3) and in consequence of the specified works proposed by the undertaker, reasonably requires the removal or decommissioning of any apparatus or any protective works and gives written notice to the undertaker of that requirement, paragraphs 65 to 67 and 70 to 72 apply as if the removal or decommissioning of the apparatus or the protective works had been required by the undertaker under paragraph 71(2) (removal of apparatus).

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 section or description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

Where the undertaker submits a revised plan of specified works pursuant to a reasonable requirement of Wales & West Utilities under this paragraph the revised plan must be submitted no less than 21 days before commencing the execution of the specified works.

Subject to sub-paragraph (8), the undertaker shall not commence any specified works to which sub-paragraph (7) applies until Wales & West Utilities has identified any reasonable requirements it has for the alteration or protection of the apparatus, or for securing access to it (such reasonable requirements to be identified by Wales & West Utilities without unreasonable delay).

The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to Wales & West Utilities notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances.