Paragraph 57

The undertaker must not construct any Peartree Hill Project works, or any part of it, without consulting National Grid Electricity Transmission Plc on the proposed plans of the relevant Peartree Hill Project works (or part of it) and considering their representations.

National Grid Electricity Transmission Plc must employ reasonable endeavours to respond to the submission of any plans within a period of 56 days from the date of submission of the plans. If National Grid Electricity Transmission Plc require further particulars, such particulars must be requested by National Grid Electricity Transmission Plc no later than 21 days from the submission of plans and thereafter National Grid Electricity Transmission Plc must employ reasonable endeavours to respond to the submission within 56 days from receipt of the further particulars.

The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case, it must give to National Grid Electricity Transmission Plc notice as soon as is reasonably practicable and a plan of those works.

The undertaker must give to National Grid Electricity Transmission Plc not less than 14 days’ notice in writing of its intention to commence construction of any Peartree Hill Project works and provide a copy of the final plans for the Peartree Hill Project works and National Grid Electricity Transmission Plc will be entitled by its officer to watch and inspect the construction of such works.

The undertaker must give to National Grid Electricity Transmission Plc notice in writing of its completion of any Peartree Hill Project works not later than 7 days after the date on which it is completed

If any part of the Peartree Hill Project works is constructed otherwise than in accordance with the final plans provided under sub-paragraph 4(1) above National Grid Electricity Transmission Plc may by notice in writing identify the extent to which the Peartree Hill project works do not comply with the final plans provided and request the undertaker at the undertaker’s own expense carry out remedial works so as to comply with the final plans provided or such alternative works as may be agreed with National Grid Electricity Transmission Plc or as otherwise may be agreed between the parties.

Subject to sub-paragraph (8), if within a reasonable period, being not less than 28 days beginning with the date when a notice under sub-paragraph (6) is served upon the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, National Grid Electricity Transmission Plc may execute the works specified in the notice and any reasonable expenditure incurred by National Grid Electricity Transmission Plc in so doing will be recoverable from the undertaker.

In the event of any dispute as to whether sub-paragraph (6) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, National Grid Electricity Transmission Plc will not, except in the case of an emergency, exercise the powers conferred by sub-paragraph (7) until the dispute has been finally determined in accordance with paragraph 70 (arbitration).