# The Stonestreet Green Solar Order 2025, Paragraph 106 Extent: E+W+S (1) In this paragraph— “EMI” means, subject to sub-paragraph (2), electromagnetic interference with the Company’s apparatus generated by the operation of the authorised development where such interference is of a level which adversely affects the safe operation of the Company’s apparatus; “Company’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised development) which are owned or used by the Company for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications. (2) This paragraph applies to EMI only to the extent that such EMI is not attributable to any change to the Company’s apparatus carried out after approval of plans under paragraph 100(2) for the relevant part of the authorised development giving rise to EMI (unless the undertaker has been given notice in writing before the approval of those plans of the intention to make such change). (3) Subject to sub-paragraph (5), the undertaker must in the design and construction of the authorised development take all measures necessary to prevent EMI and must establish with the Company (both parties acting reasonably) appropriate arrangements to verify their effectiveness. (4) In order to facilitate the undertaker’s compliance with sub-paragraph (3)— (a) the undertaker must consult with the Company as early as reasonably practicable to identify all of the Company’s apparatus which may be at risk of EMI, and must continue to consult with the Company (both before and after formal submission of plans under paragraph 100(2)) in order to identify all potential causes of EMI and the measures required to eliminate them; (b) the Company must make available to the undertaker all information in the possession of the Company reasonably requested by the undertaker in respect of the Company’s apparatus identified under paragraph (a); and (c) the Company must allow the undertaker reasonable facilities for the inspection of the Company’s apparatus identified under paragraph (a). (5) In any case where it is established that EMI can only reasonably be prevented by modifications to the Company’s apparatus, the Company must not withhold or delay its consent unreasonably to modifications of the Company’s apparatus, but the means of prevention and the method of their execution must be selected at the reasonable discretion of the Company, and in relation to such modifications paragraph 100(2) has effect subject to this paragraph. (6) If at any time prior to the completion of the authorised development and regardless of any measures adopted under sub-paragraph (3), the testing or commissioning of the authorised development causes EMI then the undertaker must immediately upon receipt of notification by the Company of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the undertaker’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to the Company’s apparatus. (7) In the event of EMI having occurred— (a) the undertaker must afford reasonable facilities to the Company for access to the undertaker’s apparatus in the investigation of such EMI; (b) the Company must afford reasonable facilities to the undertaker for access to the Company’s apparatus in the investigation of such EMI; and (c) the Company must make available to the undertaker any additional material information in its possession reasonably requested by the undertaker in respect of the Company’s apparatus or such EMI. (8) Where the Company approves modifications to the Company’s apparatus under sub-paragraphs (5) or (6)— (a) the Company must allow the undertaker reasonable facilities for the inspection of the relevant part of the Company’s apparatus; and (b) any modifications to the Company’s apparatus approved under those paragraphs must be carried out and completed by the undertaker in accordance with paragraph 101. (9) If any changes in the operation of High Speed 1 cause EMI (whether or not measures have been adopted pursuant to sub-paragraph (3)) then the undertaker shall as quickly as reasonably practicable after notification by the Company of EMI take all measures necessary to remedy the same by way of modification to the source of such EMI or (as the case may be) further protective works or modification to the specified works or the Company’s apparatus (subject to the Company’s approval under sub-paragraph (5)). (10) To the extent that it would not otherwise do so, and unless otherwise expressly stated, the indemnity in paragraph 110(1) applies to the costs and expenses reasonably incurred or losses suffered by the Company through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to the Company’s apparatus) or in consequence of any EMI to which sub-paragraph (7) applies. (11) For the purpose of paragraph 104(1) any modifications to the Company’s apparatus under this paragraph are deemed to be protective works referred to in that paragraph. (12) In relation to any dispute arising under this paragraph the reference in article 44 (arbitration) to a single arbitrator to be agreed between the parties is to be read as a reference to an arbitrator being a member of the Institution of Engineering and Technology to be agreed. --- Source: https://www.legislation.gov.uk/uksi/2025/1175/schedule/13/paragraph/106 (the official version) Page: https://openlegislation.uk/stonestreet-green-solar-order-2025/schedule-13/paragraph-106 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.