OpenLegislation

Paragraph 194 Acquisition of apparatusI1

England, Wales and Scotland

Regardless of any other provision in this Order or anything shown on the land and Crown land plans—

(a)

the undertaker must not, otherwise than by agreement with Exolum, acquire any apparatus, Exolum’s rights in respect of Apparatus or any of Exolum’s interests in the Order land;

(b)

where the undertaker acquires the freehold of any land in which Exolum holds an interest, the undertaker must afford to or secure for Exolum such rights in land in substitution for any right which would be extinguished by that acquisition (the replacement rights). These replacement rights must be no less favourable than the rights to be extinguished and must be granted upon substantially the same terms and conditions as the rights to be extinguished, unless otherwise agreed between the undertaker and Exolum, and must be granted or put in place contemporaneously with the extinguishment of the right which they replace;

(c)

the undertaker must not, otherwise than in accordance with this Part of this Schedule—

(i)

obstruct or render less convenient the access to any apparatus;

(ii)

interfere with or affect Exolum’s ability to carry out its functions as an oil pipeline operator;

(iii)

require that apparatus is relocated or diverted; or

(iv)

remove or required to be removed any apparatus;

(d)

any right of Exolum to maintain, repair, renew, adjust, alter or inspect apparatus must not be extinguished by the Undertaker under this Order until any necessary alternative apparatus has been constructed, it is in operation and the alternative rights have been granted, all to the reasonable satisfaction of Exolum; and

(e)

any right of Exolum to access the Exolum operations must not be extinguished until necessary alternative access has been provided to Exolum’s reasonable satisfaction.

Annotations

Commencement

I1

Sch. 15 para. 194 in force at 5.11.2025, see art. 1