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38.—(1) Subject to paragraph (2), regardless of anything contained in the 1980 Act or in any other enactment no person shall enter upon, break up or interfere with any scheduled work or the carriageways and footways of the works authorised by this Order except Work No. 2a for the purpose of installing any main, pipe or wire or executing any work in, on or under a work authorised by this Order, except with the consent of the undertaker and in accordance with such terms or conditions and subject to such charges as the undertaker may determine.
(2) The consent of the undertaker to the breaking up of and interference with any of the works or the carriageways and footways of any work for the purposes of installing water mains, water pipes or electric lines in them shall not be withheld unreasonably and any question which may arise as to whether such consent is so withheld or as to whether the terms and conditions subject to which any such consent is given are reasonable shall be resolved by an arbitrator under article 62 (arbitration).
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