SCHEDULES
SCHEDULE 15 Protective Provisions
C1 Part II Protection for Electricity, Gas, Water and Sewerage Undertakers
3
1
Before exercising any right to adjust or alter apparatus pursuant to paragraph 2(2) above the undertakers concerned shall give the nominated undertaker not less than 28 days’ written notice of the proposed alteration or adjustment, together with plans and specifications.
2
Any altered or adjusted apparatus shall be constructed in such line or situation, at such depth and in accordance with such specification as the nominated undertaker may reasonably require for the purpose of securing that (so far as reasonably practicable at the time the requirement is imposed) the apparatus as altered or adjusted will accommodate any work authorised by Part I of this Act.
3
Such apparatus shall be constructed in such manner, and in accordance with such programme, as is agreed between the undertakers and the nominated undertaker with a view to securing, among other things—
a
the efficient implementation of the necessary work,
b
the avoidance of delay or any other adverse effect on the programme for any works to be carried out by the nominated undertaker under Part I of this Act, and
c
the continued fulfilment by the undertakers of their service obligations to a standard no less than that achieved prior to the making of the alteration or adjustment.
4
If under sub-paragraph (2) above the nominated undertaker requires the altered or adjusted apparatus to be constructed in land other than that in which the undertakers have a right to construct it, paragraph 6(2) and (3) below shall apply to the provision of the requisite facilities and rights as if the apparatus were alternative apparatus.
5
If any requirement made by the nominated undertaker under sub-paragraph (2) above involves cost in the construction of works under this paragraph exceeding that which would have been involved had the apparatus been altered or adjusted as proposed by the undertakers, and in the absence of the undertakers’ proposals the nominated undertaker would have required the removal of the apparatus, the nominated undertaker shall repay to the undertakers the amount of the excess.
Sch. 15 Pt. II (paras. 1-18) applied (with modifications) (19.2.1999) by S.I. 1999/537, art. 13(1), Sch. 3 paras. 1-8
Sch. 15 Pt. II (paras. 1-18) applied (with modifications) (22.3.2001) by S.I. 2001/1451, art. 15(1), Sch. 3 para. 1(j)
Sch. 15 Pt. II applied (with modifications) (12.8.2002) by S.I. 2002/1943, art. 15(1)(d)