{
  "url": "https://openlegislation.uk/thames-water-utilities-limited-thames-tideway-tunnel-order-2014/schedule-16/part-1/chapter-1/paragraph-11",
  "json_url": "https://openlegislation.uk/thames-water-utilities-limited-thames-tideway-tunnel-order-2014/schedule-16/part-1/chapter-1/paragraph-11.json",
  "legislation": "uksi/2014/2384",
  "legislation_title": "The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014",
  "legislation_url": "https://openlegislation.uk/thames-water-utilities-limited-thames-tideway-tunnel-order-2014",
  "path": "schedule/16/part/1/chapter/1/paragraph/11",
  "kind": "paragraph",
  "number": "11",
  "heading": "Retained apparatus: Protection: Electricity Undertakers",
  "text": "(1) 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.\n(2) In relation to works which will or may be situated on, over, under or within 8.1 metres measured in any direction of any apparatus, or involve embankment works within 8.1 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—\n(a) the exact position of the works;\n(b) the level at which these are proposed to be constructed or renewed;\n(c) the manner of their construction or renewal including details of excavation, positioning of plant;\n(d) the position of all apparatus; and\n(e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus.\n(3) 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:\n(a) confirming that it has no objection to the plans together with its reasonable requirements for the removal, alteration, or otherwise for the protection, of any apparatus, or for securing access thereto; or\n(b) specifying (with reasons) its objections to the plans and (if the undertaker considers it appropriate to do so) suggesting any changes which in its opinion are needed in order to remove the objections in which event the promoter shall revise and resubmit the plans and the provision of this sub-paragraph (3) shall apply to the plans as so revised; or\n(c) specifying the further information which it requires in order to assess the plans.\n(4) 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 paragraph 10(5) has been complied with it shall be deemed to have confirmed that it has no objection to the plans. Works executed under this Order shall be executed only in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub paragraph (7), 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 (5) 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.\n(5) 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 (7) (except in an emergency).\n(6) If an undertaker in accordance with sub-paragraph (3) or (5) 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).\n(7) 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.\n(8) 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—\n(a) comply with sub-paragraph (4) and (5) insofar as is reasonably practicable in the circumstances; and\n(b) comply with sub-paragraph (9) at all times.\n(9) At all times when carrying out any works authorised under the Order comply with National Grid’s policies for development near over headlines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines”.\n(10) Any dispute between the parties in relation to this paragraph 11 shall be resolved in accordance with paragraph 18.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 16 Pt. 1 Section 1 para. 11 in force at 24.9.2014, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2014/2384/schedule/16/part/1/chapter/1/paragraph/11",
    "retrieved_at": "2026-10-29T00:03:40.087761+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."
}