Paragraph 5 I1
England, Wales and Scotland
If, in exercise of the powers conferred by this Order, the undertaker acquires any interest in land in which any apparatus is placed—
that apparatus must not be removed under this Part; and
any right of WPD 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 WPD.
If, for the purpose of executing any works in, on or under 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 WPD written notice of that requirement, together with a plan and section of the work proposed.
If alternative apparatus or any part of such apparatus is to be constructed as a consequence of the removal of apparatus placed on the land referred to in sub-paragraph (2), WPD must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its reasonable endeavours to obtain the alternative rights in other land in which the alternative apparatus is to be constructed.
WPD must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 25 (arbitration), and after the grant to WPD of any such facilities and rights as are referred to in sub-paragraph (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under this Part.
Annotations
Commencement
- I1
Sch. 4 Pt. 2 para. 5 in force at 30.12.2015, see art. 1