# The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014, Paragraph 6: Removal of apparatus Extent: E+W (1) If, in the exercise of the powers conferred by this Order, 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 the 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. (2) If, for the purpose of executing any works in, on or under 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 not less than 56 days’ written notice of that requirement, together with a plan and draft programme 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 the undertaker reasonably needs to remove any of its apparatus) the promoter shall, subject to sub-paragraph (3), on terms no less favourable on the whole to the undertaker than those that relate to the apparatus to be removed afford to the undertaker the necessary— (a) facilities and rights for the construction of alternative apparatus in other land of the promoter; and (b) subsequently for the maintenance of that apparatus. (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 or procure 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 shall, on receipt of a written notice to that effect from the promoter, as soon as reasonably possible use its reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed, but for the avoidance of doubt such reasonable endeavours shall not include the exercise of the undertaker’s statutory powers unless the undertaker elects to do so. (4) Any alternative apparatus to be constructed in land of the promoter under this part of this Schedule shall be constructed in accordance with the undertaker’s specifications, standards, policies and procedures and in such manner and in such line or situation as may be agreed between the undertaker and the promoter or in default of agreement settled by arbitration in accordance with article 63 (arbitration). (5) The undertaker shall, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 63 (arbitration), and after 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 to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus no longer required by virtue of the construction and bringing into service of the alternative apparatus as required by the promoter to be removed under the provisions of this part of this Schedule. (6) Regardless of anything in sub-paragraph (5), if the promoter gives notice in writing to the undertaker that it desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the promoter in accordance with the exercise of the powers conferred by this Order, that work, instead of being executed by the undertaker, shall be executed by the promoter without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the undertaker provided that such works are undertaken by the promoter and or its subcontractors in accordance with the undertaker’s plans, specifications, standards and policies and is undertaken by contractors who are approved to work on the undertaker’s apparatus and carry insurances acceptable to the undertaker. Any superintendence given by the undertaker shall not reduce the promoter’s liability under this Schedule. (7) Nothing in sub-paragraph (6) shall authorise the promoter to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus. --- Source: https://www.legislation.gov.uk/uksi/2014/2384/schedule/16/part/1/chapter/3/paragraph/6 (the official version) Page: https://openlegislation.uk/thames-water-utilities-limited-thames-tideway-tunnel-order-2014/schedule-16/part-1/chapter-3/paragraph-6 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.