OpenLegislation

Paragraph 132 I1

England, Wales and Scotland

(1)

Subject to the following provisions of this paragraph, the undertaker must repay to Northern Powergrid within fifty days of receipt of an itemised invoice or claim the reasonable expenses incurred by Northern Powergrid—

(a)

in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 129(2) and 129(3) including without limitation—

(i)

in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;

(ii)

the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;

(iii)

the approval of any plans which must include the review of any such plans; and

(b)

assessing and preparing a design for apparatus to address and accommodate the proposals of the undertaker where necessary pursuant to paragraph 131(1);

(c)

the carrying out of protective works, plus a capitalised sum to cover the reasonable cost of adequately maintaining permanent protective works; and

(d)

the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule.

(2)

Where any payment falls due pursuant to sub-paragraph (1), Northern Powergrid must—

(a)

provide an itemised invoice or reasonable expenses claim to the undertaker;

(b)

provide “reminder letters” to the undertaker for payment to be made within the 50 days on the following days after the invoice or reasonable expenses claim to the undertaker—

(i)

15 days (‘reminder letter 1’);

(ii)

29 days (‘reminder letter 2’); and

(iii)

43 days (‘reminder letter 3’); and

(c)

be entitled to commence debt proceedings to recover any unpaid itemised invoice or reasonable expenses claim after fifty one days from receipt of the same where payment has not been made.

(3)

If in accordance with the provisions of this Part of this Schedule—

(a)

apparatus of a better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b)

apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was, and 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 by arbitration in accordance with article 43 (arbitration) of this Order to be necessary; then, if such placing involves cost in the construction of works under this Part of this Schedule 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, as the case may be, the amount which would be payable to Northern Powergrid by virtue of sub-paragraph (1) is to be reduced by the amount of that excess save where it is not possible on account of reasonable project time limits communicated in a reasonable timeframe to the undertaker or supply issues to obtain the existing type of operations, capacity, dimensions or place at the existing depth.

(4)

For the purposes of sub-paragraph (3)—

(a)

an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus where such extension is required in consequence of the execution of any such works as are referred to in paragraph 129(2); and

(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 is to be treated as if it also had been agreed or had been so determined.

Annotations

Commencement

I1

Sch. 15 para. 132 in force at 5.11.2025, see art. 1