{
  "url": "https://openlegislation.uk/oaklands-farm-solar-park-order-2025/schedule-10/paragraph-57",
  "json_url": "https://openlegislation.uk/oaklands-farm-solar-park-order-2025/schedule-10/paragraph-57.json",
  "legislation": "uksi/2025/739",
  "legislation_title": "The Oaklands Farm Solar Park Order 2025",
  "legislation_url": "https://openlegislation.uk/oaklands-farm-solar-park-order-2025",
  "path": "schedule/10/paragraph/57",
  "kind": "paragraph",
  "number": "57",
  "heading": "Alternative apparatus",
  "text": "(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule, and any right of SSW to maintain that apparatus in that land must not be extinguished, until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of SSW confirmation of which must not be unreasonably withheld or delayed.\n(2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to SSW written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed.\n(3) The proposed position of the alternative apparatus to be provided or constructed is subject to approval by SSW (such approval not to be unreasonably withheld or delayed). In the event that SSW (acting reasonably) considers the proposed position of the alternative apparatus to be unsuitable, SSW must (acting reasonably) propose an alternative position for the alternative apparatus and must give the undertaker written notice of such alternative position for the alternative apparatus within 28 days of the service of a notice under sub-paragraph ‎(2). Any dispute regarding the alternative apparatus (including but not limited to the proposed position or the alternative proposed position) which cannot be agreed between the parties is to be determined in accordance with article 38 (arbitration).\n(4) Any alternative apparatus to be constructed in the undertaker’s land under this Part of this Schedule is to be constructed in such manner and in such line or situation as may be agreed in writing between SSW and the undertaker such agreement to be within 28 days of the service of a notice under sub-paragraph ‎(2) (or within 28 days of service of a notice under sub-paragraph ‎(3) where SSW has proposed an alternative position for the alternative apparatus under sub-paragraph ‎(3) which is acceptable to the undertaker), or in default of such agreement settled by arbitration in accordance with article 38 (arbitration).\n(5) In any case where alternative apparatus is to be provided or constructed under sub-paragraphs ‎(2) or ‎(3), or if in consequence of the exercise of any of the powers conferred by this Order SSW reasonably needs to remove any of its apparatus, the undertaker must, subject to sub-paragraph ‎(5), afford to SSW the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus and SSW is entitled to recover its reasonable and proper costs incurred in securing such necessary facilities and rights from the undertaker subject to paragraph ‎58(3) below.\n(6) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph ‎(4), in the land in which the alternative apparatus or part of such apparatus is to be constructed, SSW must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.\n(7) SSW must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 38 (arbitration), and after the grant to SSW of any such facilities and rights as are referred to in sub-paragraph ‎(4) or ‎(5), proceed without unreasonable delay (having regard to the operational requirements of SSW) to construct and bring into operation the alternative apparatus and subsequently to allow the undertaker to remove any apparatus as required to be removed by the undertaker (acting reasonably) under the provisions of this Part of this Schedule, provided that to the extent that any reasonable and proper costs are incurred by SSW as a result of the removal of such apparatus then such reasonable and proper costs are recoverable in full from the undertaker.\n(8) Regardless of anything in sub-paragraph ‎(6), if the undertaker gives notice in writing to SSW that it desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by SSW, must be executed by the undertaker without unreasonable delay under the superintendence, if given, and to the reasonable satisfaction of SSW.\n(9) Nothing in sub-paragraph ‎(7) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 6 metres of the apparatus without the written consent of SSW (such consent not to be unreasonably withheld or denied).\n(10) In relation to any works which will or may be situated on, over or within 6 metres measured in any direction of any apparatus, the plan to be submitted to SSW under sub-paragraph ‎(1) must be detailed, include a method statement and describe—\n(a) the exact position of the works;\n(b) the level at which they are proposed to be constructed or renewed;\n(c) the manner of their construction or renewal including details of excavation and positioning of plant;\n(d) the position of all apparatus including existing apparatus and apparatus to be retained;\n(e) by way of detailed drawings, every alteration proposed to be made to such apparatus; and\n(f) any maintenance required.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 10 para. 57 in force at 11.7.2025, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/739/schedule/10/paragraph/57",
    "retrieved_at": "2026-10-28T21:14:26.463679+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."
}