Paragraph 92 I1

Not less than 60 days before the undertaker intends to start the execution of any specified work, the undertaker must submit to WPD a plan, section and description of the works to be executed.

The undertaker shall not commence any works to which sub-paragraph (1) applies until WPD has given written approval of the plan so submitted, such approval not to be unreasonably withheld or delayed.

Within a period of 60 days from the date on which a plan, section and description has been received by WPD pursuant to paragraph 93(1), WPD shall advise the undertaker in writing whether any amendments to the plan, section or description of the specified works are reasonably required or whether it reasonably requires any additional measures to be taken by the undertaker to ensure the satisfactory protection of its apparatus or to secure access to it. If by the expiry of the 60 days WPD has not advised the undertaker in writing of its approval or disapproval of the plans, it shall be deemed to have approved the plans, sections or descriptions as submitted.

Any works to which sub-paragraph (1) applies must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) (as the same may be amended pursuant to sub-paragraph (6)) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by WPD for the protection of the apparatus, or for securing access to it, and WPD is entitled to watch and inspect the execution of those works.

At all times when carrying out any works authorised under the Order the undertaker shall comply with WPD’s Avoidance of Danger from Electricity Overhead Lines and Underground Cables (2014), the Energy Network Associations’ A Guide to the Safe Use of Mechanical Plant in the Vicinity of Electricity Overhead Lines (undated), the Health and Safety Executive’s GS6 Avoiding danger from overhead power lines and the Health and Safety Executive’s HSG47 Avoiding danger from underground services (Third Addition)(2014), as the same may be replaced from time to time.

Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 60 days before commencing the execution of any works, a new plan, section and 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.

The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to WPD 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 (2) in so far as is reasonably practicable in the circumstances.