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SCHEDULES

SCHEDULE 3N.I.OTHER POWERS ETC., OF LICENCE HOLDERS

Controlled works in a street near to apparatusN.I.

5.—(1) The following provisions of this paragraph apply where a licence holder requires to carry out any controlled works in a street near to—N.I.

(a)any gas apparatus of any other licence holder;

(b)any electric lines or electrical plant of any electricity licence holder; or

(c)any[F1 electronic communications apparatus] which is operated by a person to whom the[F2 electronic communications code] applies; or

(d)any other apparatus belonging to or under the jurisdiction or control of a government department or other person (not being a licence holder).

(2) Where the licence holder finds it necessary to undermine but not alter the position of any gas apparatus, electric line, electrical plant,[F2 electronic communications apparatus] or other apparatus he shall temporarily support it in position during the execution of the works, and before completion provide a suitable and proper foundation for it where so undermined.

(3) Any question arising under this paragraph shall, in default of agreement, be determined by arbitration.

F1fully exercised by SR 1996/216