OpenLegislation

Paragraph 317 Further provisions about worksI1

England, Wales and Scotland

(1)

Where a trench is excavated across or parallel to the line of a pipeline, the backfill must be adequately compacted to prevent any settlement which could subsequently cause damage to the pipeline.

(2)

Proposed methods and locations of compacting must be notified to HPU in accordance with paragraph 308.

(3)

Compaction testing must be carried out once back filling is completed to establish whether the backfill has been adequately compacted as referred to in sub-paragraph (1) and what further works may be necessary, and the results of such testing must be supplied to HPU.

(4)

Where it is shown by the testing under sub-paragraph (3) to be necessary, the undertaker must carry out further compaction testing under sub-paragraph (1) and sub-paragraphs (1), (2) and (3) continue to apply until such time as the backfill has been adequately compacted.

(5)

In the event that it is necessary to provide permanent support to a pipeline which has been exposed over the length of the excavation before backfilling and reinstatement is carried out, the undertaker must pay to HPU a capitalised sum representing the increase of the costs (if any which may be expected to be reasonably incurred in maintaining, working and, when necessary, renewing any such alterations or additions.

(6)

In the event of a dispute as to—

(a)

whether or not backfill has been adequately compacted under sub-paragraphs (1) to (4); or

(b)

the amount of any payment under sub-paragraph (5),

the undertaker or HPU may refer the matter for arbitration under paragraph 330.

Annotations

Commencement

I1

Sch. 12 para. 317 in force at 11.3.2024, see art. 1