The Gate Burton Energy Park Order 2024

Removal of Apparatus and Rights for Alternative Apparatus E+W

154.—(1) If, having used all reasonable endeavours to implement the Authorised Development without the removal of any Apparatus:

(a) the undertaker reasonably requires the removal of any Apparatus; or

(b) Exolum reasonably requires the removal of any Apparatus;

then the relevant party must give written notice of that requirement to the other.

(2) The parties must use their reasonable endeavours to produce a plan of the work proposed and a plan of the proposed position of the Alternative Apparatus to be provided or constructed.

(3) The undertaker must afford to Exolum the necessary facilities and rights for the construction of Alternative Apparatus and subsequently the grant of Alternative Rights in accordance with paragraph ‎155.

(4) Any Alternative Apparatus is to be constructed in land owned by the undertaker or in land in respect of which Alternative Rights have been or are guaranteed to be granted to Exolum. The Alternative Apparatus must be constructed in such manner and in such line or situation as may be agreed between Exolum and the undertaker or in default of agreement settled by arbitration in accordance with article ‎40 (arbitration).

(5) After the details for the works for Alternative Apparatus to be provided or constructed have been agreed or settled in accordance with article ‎40 (arbitration), and after the grant to Exolum of any such facilities and rights as are referred to in sub-paragraph ‎(4), Exolum must proceed as soon as reasonably practicable using reasonable endeavours to construct and bring into operation the Alternative Apparatus and subsequently to remove (or if agreed between the parties to allow the undertaker to remove) any redundant Apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

(6) The following sub-paragraphs ‎(7) and ‎(8) only apply if:

(a) Exolum fails to comply with its obligations under sub-paragraph ‎(5) to remove any redundant Apparatus; F1 ...

(b) the undertaker has served notice on Exolum specifying the default; and

(c) Exolum has failed to remedy the default within 28 days.

(7) In the circumstances set out in sub-paragraph ‎(6), if the undertaker then gives notice in writing to Exolum that it desires itself to remove the redundant Apparatus, that work, instead of being executed by Exolum, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of Exolum.

(8) Nothing in sub-paragraph ‎(7) authorises the undertaker 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 3000 millimetres of the Apparatus unless that Apparatus is redundant and disconnected from Exolum’s remaining system.

Textual Amendments

F1 Word in Sch. 14 para. 154(6)(a) omitted (28.11.2024) by virtue of The Gate Burton Energy Park (Correction) Order 2024 (S.I. 2024/1249), art. 1, Sch.

Commencement Information

I1 Sch. 14 para. 154 in force at 3.8.2024, see art. 1