{
  "url": "https://openlegislation.uk/thames-water-utilities-limited-thames-tideway-tunnel-order-2014/schedule-16/part-1/chapter-1/paragraph-7",
  "json_url": "https://openlegislation.uk/thames-water-utilities-limited-thames-tideway-tunnel-order-2014/schedule-16/part-1/chapter-1/paragraph-7.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/7",
  "kind": "paragraph",
  "number": "7",
  "heading": "Removal of apparatus",
  "text": "(1) If, in the exercise of the agreement reached in accordance with paragraph (6) or in any other authorised manner, the promoter acquires any interest in any land in which any apparatus is placed, that apparatus shall not be removed under this part of this Schedule and any right of an undertaker to maintain that apparatus in that land shall not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of the undertaker in question in accordance with sub-paragraph (2) to (8) inclusive.\n(2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the promoter requires the removal of any apparatus placed in that land, it shall give to the undertaker in question 56 days’ advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order an undertaker reasonably needs to remove any of its apparatus) the promoter shall, subject to sub-paragraph (3), afford to the undertaker to their satisfaction (taking into account paragraph 9(1) below) the necessary facilities and rights for\n(a) the construction of alternative apparatus in other land of the promoter; and\n(b) subsequently for the maintenance of that apparatus.\n(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the promoter, or the promoter is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the undertaker in question shall, on receipt of a written notice to that effect from the promoter, take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation shall not extend to the requirement for the undertaker to use its compulsory purchase powers to this end unless it elects to so do.\n(4) Any alternative apparatus to be constructed in land of the promoter under this part of this Schedule shall be constructed in such manner and in such line or situation and in accordance with such programme as may be agreed between the undertaker in question and the promoter.\n(5) The undertaker in question shall, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to the undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay in accordance with the agreed programme to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the promoter to be removed under the provisions of this part of this Schedule.\n(6) If the promoter gives notice in writing to the undertaker that it desires to carry out any part of any work to which this paragraph applies, such work, instead of being carried out by the undertaker, may be carried out by the promoter with the prior written consent of the undertaker (which shall not be unreasonably withheld or delayed and shall be subject to any such conditions as are reasonable and proper to protect the apparatus) in accordance with the plans to which the undertaker has confirmed (or is deemed to have confirmed) in accordance with paragraph 8, with all reasonable despatch under the superintendence (if given) and to the reasonable satisfaction of the undertaker.\n(7) The undertaker shall, within 14 days after the undertaker has confirmed (or is deemed to have confirmed) that it has no objection to the plans for the necessary work in accordance with paragraph 8 and after the grant to or obtaining by the undertaker of any such facilities and rights as referred to in sub-paragraph (2) or (3), supply the promoter with the name of its approved contractor and the promoter shall be responsible for the engagement of the contractor on such terms and conditions as the promoter thinks fit.\n(8) If the undertaker does not provide the name of its approved contractor within the period required by sub-paragraph (7), the promoter shall be entitled to carry out the necessary work using such contractor as it thinks fit, being a contractor who appears to the promoter, following reasonable enquiry of the undertaker, to be competent and suitably qualified to carry out that work.\n(9) In carrying out any work under sub-paragraph (6) the promoter shall comply with all statutory obligations which would have been applicable had the works been carried out by the undertaker\n(10) Nothing in sub-paragraph (6) shall authorise the promoter to carry out any connection work",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 16 Pt. 1 Section 1 para. 7 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/7",
    "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."
}