# The North Falls Offshore Wind Farm Order 2026, Paragraph 178: Retained apparatus


(1) Not less than 56 days before the commencement of any specified works, the undertaker must submit to EPN a plan of the works to be executed.
(2) The plan to be submitted to EPN under sub-paragraph (1) must include a method statement and describe—
(a) the exact position of the works;
(b) the level at which the works are proposed to be constructed or renewed;
(c) the manner of the construction or renewal of the works;
(d) the position of all apparatus; and
(e) by way of detailed drawings, every alteration proposed to be made to such apparatus.
(3) The undertaker must not commence any specified works until EPN has given written approval of the plan and works so submitted.
(4) Any approval of EPN given under sub-paragraph (3)—
(a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (5); and
(b) must not be unreasonably withheld or delayed.
(5) EPN may require such modifications to be made to the plan as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.
(6) Specified works must be executed in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (5) by EPN for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and EPN will be entitled to watch and inspect the execution of those works where reasonably practicable to do so and in accordance with any relevant health and safety legislation.
(7) Any requirements made by EPN under sub-paragraph (5) must be made within a period of 28 days beginning with the date on which the plan is submitted to it.
(8) If EPN in accordance with sub-paragraph (5) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 172 to 174 and 177 to 17979 apply as if the removal of the apparatus had been required by the undertaker under paragraph 176(2).
(9) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any specified works, a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.
(10) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to EPN notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (6) in so far as is reasonably practicable in the circumstances.
(11) In sub-paragraph (10), works that are carried out “in a case of emergency” means such works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.

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Source: https://www.legislation.gov.uk/uksi/2026/567/schedule/14/paragraph/178 (the official version)
Page: https://openlegislation.uk/north-falls-offshore-wind-farm-order-2026/schedule-14/paragraph-178
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.