Paragraph 23 Emergency WorksI1
England and Wales
The undertaker is permitted to carry out emergency works provided that it first notifies DC of the proposed emergency works. For the avoidance of doubt, in the event that DC suffers any loss, cost or damage as a result of the emergency action taken by the undertaker without prior notification the indemnity in paragraph 24 will apply.
DC must at all times be permitted to carry out any emergency works in relation to its DC apparatus within the Order limits in accordance with Part II Schedule 6 WIA 1991.
Emergency works required in order for DC to fulfil its statutory functions under sub-paragraph (2) take precedence over works to be carried out by the undertaker and, in such circumstances, the undertaker must reschedule its works accordingly.
In respect of the references to ‘work’ and ‘works’ in this paragraph F123, to the extent that this is ‘work’ or ‘works’ to be undertaken by DC, the definition of works in paragraph 17 of this Part does not apply.
Annotations
Textual amendments
- F1
Word in Sch. 10 para. 23(4) substituted (24.10.2025) by The Mona Offshore Wind Farm (Correction) Order 2025 (S.I. 2025/1123), art. 1, Sch.
Commencement
- I1
Sch. 10 para. 23 in force at 28.7.2025, see art. 1