# The Mona Offshore Wind Farm Order 2025, Paragraph 20: Protection of DC apparatus

Extent: E+W

(1) Not less than 28 days before starting the execution of any works that are within the clearance area or will, or could reasonably foreseeably affect, any DC apparatus the removal or alteration of which has not been required by the undertaker under paragraph 19(l), the undertaker must submit to DC written notice together with a draft specification. For the purposes of preparing the draft specification DC must, following a written request and subject to such reasonable conditions as may be imposed by DC (including in respect of payment of its reasonable costs in meeting the request), provide the undertaker with copies of such plans and records of its apparatus as may be held by DC.
(2) DC is to examine the draft specification submitted under sub-paragraph (1) and give its written consent or proposed amendments (each not to be unreasonably withheld or delayed) to the draft specification (including the proposed commencement date and anticipated completion date) within 28 days from the date of receipt (and in the event of amendments the process in this sub-paragraph (2) will be repeated where those amendments are not accepted by the undertaker). For the avoidance of doubt, DC’s proposed amendments may include such reasonable requirements for the alteration (including but not limited to the extension of DC apparatus) or otherwise for the protection of DC apparatus, or for securing access to it.
(3) If after the expiry of 28 days DC has not communicated approval or disapproval under sub-paragraph (2), the undertaker may write to DC at PlanandProtect@dwrcymru.com or such other address as DC may appoint instead for that purpose and notify the undertaker in writing clearly stating that no response has been received from DC under sub-paragraph (2) and that a response must be provided to the undertaker within 14 days from the date of receipt of the correspondence sent under this sub-paragraph (3) and if no response is received within 14 days from the date of receipt DC is deemed to have approved the plans as supplied under sub-paragraph (2).
(4) Once approved under sub-paragraph (2) or (3), the draft specification is to become the specification and the works are to be executed only in accordance with the specification and such reasonable requirements as may be made in accordance with sub‑paragraph (2) and DC is entitled to watch and inspect the execution of those works.
(5) Nothing in this paragraph 20 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 works, a draft specification instead of the draft specification previously submitted, and having done so the provisions of this paragraph 20 apply to and in respect of the new draft specification.
(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency provided it has complied with paragraph 23 below save that the undertaker is to comply with sub-paragraphs (1) and (4) above in so far as is reasonably practicable in the circumstances.
(7) DC may opt to carry out any temporary and/or protective works specified under sub-paragraph (2) to DC apparatus, and if DC opts to do so it will—
(a) agree the scope and timings of the works with the undertaker (and the undertaker must not unreasonably withhold or delay its agreement to the same);
(b) provide an invoice together with supporting evidence of the estimated costs of the works on the basis of which it is to agree with undertaker the reasonable costs of the works to be met by the undertaker;
(c) following agreement and payment of the costs, DC will as soon as reasonably practicable carry out and complete the works; and
(d) notify the undertaker immediately in writing upon completion of the temporary and/or protective works.
(8) Where DC apparatus will be affected by the works the undertaker must determine the exact location of DC apparatus prior to any works being carried out by the undertaker.
(9) The undertaker must give DC at least 7 days’ advance written notice of making any trial holes within 15 metres measured in any direction of any DC apparatus which must include details of the timings and location of the trial holes and allow a representative of DC to attend and observe these works.
(10) Any affected DC apparatus which is no longer required by DC but is not removed shall be transferred to the undertaker by way of a deed of transfer from DC at the undertaker’s expense and on such terms as DC reasonably requires.

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Source: https://www.legislation.gov.uk/uksi/2025/870/schedule/10/paragraph/20 (the official version)
Page: https://openlegislation.uk/mona-offshore-wind-farm-order-2025/schedule-10/paragraph-20
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.