# The Port Talbot Steelworks Generating Station Order 2015, Paragraph 6: Protection of DCC apparatus

Extent: E+W+S

(1) Not less than 28 days before commencing the execution of any works that—
(a) are within the clearance area; or
(b) will, or could reasonably foreseeably affect, any DCC apparatus, the removal or alteration of which has not been required by the undertaker under section 185 of the Water Industry Act 1991,
the undertaker must submit to DCC written notice together with a draft specification.
(2) DCC must examine the draft specification submitted under sub-paragraph (1) and give its written approval or propose amendments (neither to be unreasonably withheld or delayed) within 28 days from the date of receipt.
(3) Where DCC proposes amendments to the draft specification, the process in sub-paragraph (2) must be repeated if the amendments are not accepted by the undertaker.
(4) To avoid doubt, DCC’s proposed amendments may—
(a) include reasonable requirements for the alteration (including but not limited to the extension) of DCC apparatus or otherwise for the protection of DCC apparatus or for securing access to it; and
(b) vary the proposed commencement date or anticipated completion date of the works.
(5) Where the draft specification is approved under sub-paragraph (2) or the undertaker accepts DCC’s proposed amendments—
(a) the draft specification (with any accepted amendments) becomes the specification;
(b) the works must be executed only in accordance with the specification (with any accepted amendments); and
(c) DCC may watch and inspect the execution of the works.
(6) Nothing in this paragraph prevents the undertaker from submitting at any time, but in no case less than 28 days before commencing the execution of any works, a new draft specification in place of the draft specification previously submitted, and this having been done, the provisions of this paragraph apply to and in respect of the new draft specification.
(7) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency works carried out in compliance with paragraph 9, but in that case the undertaker must submit to DCC a draft specification as soon as is reasonably practicable subsequently, and sub-paragraphs (2) to (5) must be complied with insofar as is reasonably practicable in the circumstances.
(8) DCC may opt to carry out any temporary or protective works specified under sub-paragraphs (2) to (4) to DCC apparatus itself; and if DCC opts to do so, DCC must—
(a) agree the scope and timings of the works with the undertaker (and the undertaker must not unreasonably withhold or delay its agreement);
(b) provide an invoice together with supporting evidence of the estimated costs of the works on the basis of which it must agree with undertaker the reasonable costs of the works to be paid by the undertaker;
(c) as soon as reasonably practicable following agreement and payment of the costs, carry out and complete the works; and
(d) notify the undertaker immediately in writing on completion of the temporary or protective works.
(9) Only contractors that satisfy DCC’s reasonable health and safety requirements may make openings into, or connections with, or carry out any works on or within, any public sewer or drain vested in DCC, unless otherwise agreed by DCC.
(10) Only DCC may make openings into, or connections with, or carry out any works on or within, any public water main vested in DCC, unless otherwise agreed by DCC.
(11) Where DCC apparatus will be affected by the works, the undertaker must—
(a) determine the exact location of DCC apparatus before any works are carried out; and
(b) contact DCC where trial holes are required.
(12) Any affected DCC apparatus that is no longer required by DCC but is not removed must be transferred to the undertaker by way of a deed of transfer from DCC at the undertaker’s expense and on such terms as DCC reasonably requires.

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Source: https://www.legislation.gov.uk/uksi/2015/1984/schedule/4/part/4/paragraph/6 (the official version)
Page: https://openlegislation.uk/port-talbot-steelworks-generating-station-order-2015/schedule-4/part-4/paragraph-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.