{
  "url": "https://openlegislation.uk/network-rail-leeds-to-micklefield-enhancements-order-2024/schedule-15/paragraph-34",
  "json_url": "https://openlegislation.uk/network-rail-leeds-to-micklefield-enhancements-order-2024/schedule-15/paragraph-34.json",
  "legislation": "uksi/2024/1284",
  "legislation_title": "The Network Rail (Leeds to Micklefield Enhancements) Order 2024",
  "legislation_url": "https://openlegislation.uk/network-rail-leeds-to-micklefield-enhancements-order-2024",
  "path": "schedule/15/paragraph/34",
  "kind": "paragraph",
  "number": "34",
  "heading": null,
  "text": "(1) Subject to the following provisions of this paragraph, Network Rail must pay to Northern Powergrid an amount equal to the cost reasonably incurred by Northern Powergrid—\n(a) in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 6(2); and\n(b) in assessing and preparing a design for its apparatus to address and accommodate the proposals of Network Rail whether or not Network Rail proceeds to implement those proposals or alternative or none at all,\nprovided that if it so prefers Northern Powergrid may abandon apparatus that Network Rail does not seek to remove in accordance with paragraph 31(2) having first decommissioned such apparatus.\n(2) There is to be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal and, if the apparatus removed under the provisions of this Part of this Schedule has no value, no sum is to be deducted from the amount payable under sub-paragraph (1).\n(3) If in accordance with the provisions of this Part of this Schedule)—\n(a) apparatus of better type, of greater capacity or of greater dimension is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimension; or\n(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,\nand the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by Network Rail, or, in default of agreement, is not determined by arbitration (pursuant to article 52 (arbitration)) to be necessary, then, if it involves cost in the execution of works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this paragraph would be payable to Northern Powergrid by virtue of sub-paragraph (1) is to be reduced by the amount of that excess save where it is not possible in the circumstances to obtain the existing type, capacity, or dimensions of apparatus, or to place the apparatus at the existing depth, in which case full costs shall be borne by Network Rail.\n(4) For the purposes of sub-paragraph (3)—\n(a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and\n(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2024/1284/schedule/15/paragraph/34",
    "retrieved_at": "2026-10-28T21:23:09.740371+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}