Paragraph 285 I1
If—
no diversion notice is issued by the Teesworks entity to the undertaker before the expiry of the period under paragraph 270;
a diversion notice is issued by the Teesworks entity to the undertaker, the undertaker issues a notice not agreeing to the diversion work under paragraph 272(b), and no further diversion notice is issued by the Teesworks entity to the undertaker prior to the dates set out in paragraph 278;
a diversion notice is issued by the Teesworks entity to the undertaker, the undertaker issues an information notice, and no further information is provided by the Teesworks entity to the undertaker prior to the dates set out in paragraph 277;
paragraph 279 applies and the Teesworks entity and the undertaker do not enter into a diversion works agreement within the 30 day period set out in that paragraph and no reference to arbitration is made prior to the expiry of the period in paragraph 280;
the arbitrator determines under paragraph 285 that the terms of the diversion works agreement cannot reasonably be in accordance with the diversion condition; or
paragraph 282 applies and the Teesworks entity has not executed and unconditionally released for completion a diversion works agreement within the 10 day period set out in that paragraph,
the undertaker may exercise the identified powers in respect of the relevant proposed land in order to (as relevant) carry out, use, maintain, operate or decommission the relevant proposed work.
For the avoidance of doubt, in circumstances where paragraph 284 applies, this does not obviate the need for the undertaker to comply with paragraphs 258 to 261F1... in respect of the relevant proposed work.
Annotations
Textual amendments
- F1
Word in Sch. 12 para. 285(2) omitted (21.12.2024) by virtue of The Net Zero Teesside (Correction) Order 2024 (S.I. 2024/1384), art. 1, Sch. Table
Commencement
- I1
Sch. 12 para. 285 in force at 11.3.2024, see art. 1