Paragraph 341 I1

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable NW to fulfil its statutory functions in no less efficient a manner than previously;

• “apparatus” means the following items belonging to or maintained by NW within the Order limits—

  1. (a)

     in the case of NW’s water undertaking—

     1. (i)

        mains, pipes, wells, boreholes, tanks, service reservoirs, pumping stations or other apparatus, structure, tunnel, shaft or treatment works or “accessories” (as defined in section 219(1) of the Water Industry Act 1991) belonging to or maintained or used by NW for the purposes of water supply; and

     2. (ii)

        any water mains or service pipes which are the subject of a notice of intention to adopt under section 51A of the Water Industry Act 1991; and

  2. (b)

     in the case of NW’s sewerage undertaking—

     1. (i)

        any sewer, drain or disposal works vested in NW under the Water Industry Act 1991; and

     2. (ii)

        any sewer, drain or disposal works which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act,

  and includes a sludge main, “disposal main” (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories (as defined in section 219(1) of the Water Industry Act 1991) forming part of any such sewer, drain or works, and any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “functions” includes powers and duties;

• “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land;

• “NW” means Northumbrian Water Limited, company number 02366703, whose registered office is at Northumbria House, Abbey Road, Pity Me, Durham, DH1 5FJ;

• “plan” includes sections, drawings, specifications and method statements; and

• “the standard protection strips” means strips of land falling within the following distances to either side of the medial line of any relevant pipe or apparatus—

  1. (a)

     2.25 metres where the diameter of the pipe is less than 150 millimetres;

  2. (b)

     3 metres where the diameter of the pipe is between 150 and 450 millimetres;

  3. (c)

     4.5 metres where the diameter of the pipe is between 450 and 750 millimetres;

  4. (d)

     6 metres where the diameter of the pipe exceeds 750 millimetres; and

  5. (e)

     6.5 metres where it is a sewer.