Paragraph 4 I1

England, Wales and Scotland

(1)

The undertaker must not—

(a)

interfere with, build over or near to, any apparatus within the Order land;

(b)

execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus; or

(c)

where the apparatus is laid in a trench, execute any filling around the apparatus within the standard protection strips, which are the strips of land falling the following distances to either side of the medial line of any apparatus—

(i)

2.25 metres, where the diameter of the pipe is less than 150 millimetres;

(ii)

3 metres, where the diameter of the pipe is 150 millimetres or more but less than 450 millimetres;

(iii)

4.5 metres, where the diameter of the pipe is 450 or more but less than 750 millimetres; and

(iv)

6 metres, where the diameter of the pipe is 750 millimetres or more,

unless otherwise agreed in writing by Anglian Water, following a request from the undertaker (including a description and plan of the works), such agreement not to be unreasonably withheld or delayed; and this provision must be brought to the attention of any agent or contractor responsible for carrying out any works on behalf of the undertaker.

(2)

The works may be executed only in accordance with the plan and description submitted under sub-paragraph (1) and such reasonable requirements as may be made in accordance with sub-paragraph (3) by Anglian Water for the alteration or otherwise for the protection of the apparatus, or for securing access to it; and an officer of Anglian Water is entitled to watch and inspect the execution of the works at the undertaker’s cost.

(3)

Any requirements made by Anglian Water under sub-paragraph (2) must be made within a period of 28 days beginning with the date on which a plan and description under sub-paragraph (1) are submitted to it.

(4)

Anglian Water may extend the period up to 42 days with the consent of the undertaker, such consent not to be unreasonably withheld.

(5)

If by the expiry of the further 42 days Anglian Water has not intimated agreement or refusal, Anglian Water is deemed to have agreed the plans as submitted.

(6)

Any refusal must be accompanied by a statement of the grounds of refusal.

(7)

Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan and description instead of the plan and description previously submitted, and once the undertaker has done so the provisions of this paragraph apply to and in respect of the new plan and description.

(8)

The undertaker is not required to comply with sub-paragraph (1) in a case of emergency, but in that case the undertaker must—

(a)

give to Anglian Water notice as soon as is reasonably practicable and a plan and description of the works as soon as reasonably practicable subsequently; and

(b)

comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

(9)

It is reasonable for Anglian Water to require that the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or the filling around the apparatus (where the apparatus is laid in a trench), be executed by Anglian Water at the expense of the undertaker.

(10)

Anglian Water must execute any requirement made under sub-paragraph (9) in a timely manner.

Annotations

Commencement

I1: Sch. 8 Pt. 4 para. 4 in force at 27.9.2016, see art. 1(2)