Paragraph 10 Retained apparatus: protection Gas UndertakersI1

Not less than 56 days before commencing the execution of any works authorised by this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the promoter under paragraph 7(2) or otherwise, the promoter shall submit to the undertaker in question a plan.

In relation to works which will or may be situated on, over, under or within 15 (metres measured in any direction of any apparatus, or (wherever situated) impose any load directly upon any apparatus or involve embankment works within 15 metres of any apparatus, the plan to be submitted to the undertaker under sub-paragraph (1) shall be detailed including a material statement and describing—

Within 42 days (or such longer period as the undertaker and the promoter may agree) following receipt of the plans under sub-paragraph (1) the undertaker shall respond to the promoter either:

If the undertaker fails to respond to the promoter within 42 days (or such longer period as the undertaker and the promoter may agree) and provided that sub-paragraph 5 has been complied with it shall be deemed to have confirmed that it has no objection to the plans.

When submitting the plans to the undertaker pursuant to paragraph 8 or sub-paragraph (1) or paragraph 11(1) the promoter shall send the plans to the undertaker (in hard copy only) by recorded post to National Grid Plant Protection, Brick Kiln Street, Hinckley, Leicestershire LE10 ONA and the registered office of the undertaker (or such other address as the undertaker may notify the promoter in writing from time to time). In the event that the promoter has not received a response from the undertaker in accordance with paragraph 8 or sub-paragraph (3) or paragraph 11(3) within 21 days of submission of the plans under paragraph 8 or sub-paragraph (1) or paragraph 11(1), the promoter shall issue a written reminder to the undertaker by recorded post to both of the aforementioned addresses.

Works executed under this Order shall be executed only in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (9), as amended from time to time by agreement between the promoter and the undertaker and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) or (7) by the undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the undertaker shall be entitled to watch and inspect the execution of those works.

Where undertakers require any protective works to be carried out either themselves or by the promoter (whether of a temporary or permanent nature) such protective works shall be carried out to the undertakers’ satisfaction prior to the carrying out of any works authorised by the Order (or any relevant part thereof) and the undertakers shall give 56 days’ notice of such works from the date of submission of a plan in line with sub-paragraph (1) or (9) (except in an emergency).

If an undertaker in accordance with sub-paragraph (3) or (7) and in consequence of the works proposed by the promoter, reasonably requires the removal of any apparatus and gives written notice to the promoter of that requirement, paragraphs 1 to 3 and 6 to 8 shall apply as if the removal of the apparatus had been required by the promoter under paragraph 7(2).

Nothing in this paragraph shall preclude the promoter from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph shall apply to and in respect of the new plan.

The promoter shall 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 shall give to the undertaker in question notice as soon as is reasonably practicable and a plan of those works and shall—

At all times when carrying out any works authorised under the Order comply with National Grid’s policies for safe working in proximity to gas apparatus “Specification for safe working in the vicinity of National Grid, High pressure Gas pipelines and associated installation requirements for third parties T/SP/SSW27” and HSE’s “HS(~G)47 Avoiding Danger from underground services”.

Any dispute between the parties in relation to this paragraph 10 shall be resolved in accordance with paragraph 18.