{
  "url": "https://openlegislation.uk/thames-water-utilities-limited-thames-tideway-tunnel-order-2014/schedule-16/part-6/paragraph-5",
  "json_url": "https://openlegislation.uk/thames-water-utilities-limited-thames-tideway-tunnel-order-2014/schedule-16/part-6/paragraph-5.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/6/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Temporary and Permanent stopping up of streets forming part of the public maintainable highway",
  "text": "(1) The temporary stopping up or diversion of any highway under article 15 (temporary stopping up) shall not affect any right of the operator under Part 8 of the electronic communications code to maintain any apparatus which, at the time of the stopping up or diversion, is in that highway.\n(2) The undertaker shall give not less than 28 days’ notice in writing of its intention to temporarily stop up any highway to any operator of an electronic communications code network whose apparatus is under, over, in, on, along or across the highway and shall include in such notice details of the proposed duration of the temporary stopping up and the reason for it being required.\n(3) Where a notice under sub-paragraph (2) has been given, the operator, if it reasonably considers that it is necessary for the safe and efficient operation and maintenance of the apparatus, may, and, if reasonably requested so to do by the undertaker in the notice, shall, as soon as reasonably practicable after the service of the notice—\n(a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the operator may reasonably determine and have power to place it, or\n(b) provide other apparatus in substitution for the existing apparatus and place it in such other position as aforesaid.\n(4) Subject to the following provisions of this paragraph the undertaker shall pay to any operator of an electronic communications code network an amount equal to the cost reasonably incurred by the operator in or in connection with—\n(a) the execution of protection or relocation works required in consequence of the temporary or permanent stopping up of the highway, and\n(b) the doing of any other work or thing rendered necessary by the execution of protection and or relocation works.\n(5) If in the course of the execution of relocation works under sub-paragraph (3)—\n(a) apparatus of better type, greater capacity or greater dimensions is placed in substitution for existing apparatus of worse type, smaller capacity or smaller dimensions, except where this has been solely due to using the nearest currently available type, capacity or dimension, or\n(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus save where the depth as to placing is at the request of the undertaker and or to accommodate the authorised project) is placed at a depth greater than the depth at which existing apparatus was,\nand the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker, or, in default of agreement, is not determined to be necessary in consequence of the construction of the authorised project in order to ensure the continued efficient operation of the electronic communications code network of the operator then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth (save as aforesaid), as the case may be, the amount which apart from this paragraph would be payable to the operator by virtue of sub-paragraph (4) shall be reduced by the amount of that excess.\n(6) For the purposes of sub-paragraph (5)—\n(a) the installation of replacement apparatus in accordance with the standard construction specification in use by the operator at the time of works, the physical conditions and the engineering requirements that the apparatus will be subject to in its relocated position and the extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended provides more than an equivalent service except where such service is solely due to having used equipment of the nearest alternative type, capacity or dimension which may be available at the time it was placed, and\n(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole (in either case of such type, capacity and dimensions as shall reasonably be appropriate) shall be treated as if it also had been agreed or had been so determined.\n(7) The amount which apart from this sub-paragraph would be payable to an operator in respect of works by virtue of sub-paragraph (4) (and having regard, where relevant, to sub-paragraph (5)) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7½ years earlier so as to confer on the operator any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 16 Pt. 6 para. 5(1) substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 4 para. 42(3)(c)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 16 Pt. 6 para. 5 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/6/paragraph/5",
    "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."
}