{
  "url": "https://openlegislation.uk/stonestreet-green-solar-order-2025/schedule-13/paragraph-39/enacted",
  "json_url": "https://openlegislation.uk/stonestreet-green-solar-order-2025/schedule-13/paragraph-39/enacted.json",
  "legislation": "uksi/2025/1175",
  "legislation_title": "The Stonestreet Green Solar Order 2025",
  "legislation_url": "https://openlegislation.uk/stonestreet-green-solar-order-2025/enacted",
  "path": "schedule/13/paragraph/39",
  "kind": "paragraph",
  "number": "39",
  "heading": "Retained apparatus",
  "text": "(1) Not less than 28 days before the commencement of any specified works, the undertaker must submit to the utility undertaker a plan of the works to be executed.\n(2) The plan to be submitted to the utility undertaker under sub-paragraph (1) must 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;\n(d) the position of all apparatus; and\n(e) by way of detailed drawings, every alteration proposed to be made to such apparatus.\n(3) The undertaker must not commence any specified works until the utility undertaker has given written approval of the plan so submitted.\n(4) Any approval of the utility undertaker given under sub-paragraph (3)—\n(a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph 39(5);\n(b) must not be unreasonably withheld; and\n(c) will be deemed approved if no response is provided by the utility undertaker within 28 days.\n(5) The utility undertaker may require such modifications to be made to the plan as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.\n(6) Specified works must be executed in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph 39(5) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker will be entitled to watch and inspect the execution of those works where reasonably practicable to do so and in accordance with any relevant health and safety legislation.\n(7) Any requirements made by the utility undertaker under sub-paragraph 39(5) are to be made within a period of 14 days beginning with the date on which the plan is submitted to it.\n(8) If the utility undertaker, in accordance with sub-paragraph 39(5) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 32 to 34 and 36 to 38 apply as if the removal of the apparatus had been required by the undertaker under paragraph 37(2).\n(9) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any specified works, a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.\n(10) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency works but in that case it must give to the utility undertaker notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph 39(5) in so far as is reasonably practicable in the circumstances.\n(11) In sub-paragraph (10), “emergency works” means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.",
  "extent": "E+W+S",
  "status": null,
  "version": "enacted",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 13 para. 39 in force at 13.11.2025, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1175/schedule/13/paragraph/39",
    "retrieved_at": "2026-10-28T21:09:52.508378+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."
}