SCHEDULES

SCHEDULE 4N.I.OTHER POWERS, ETC., OF LICENCE HOLDERS

Controlled works in a [F1street] 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[F2 street] near to—N.I.

(a)any electric lines or electrical plant of any other licence holder; or

(b)any[F3 electronic communications apparatus] which is operated by a person to whom the[F3 electronic communications code] applies; and

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

Sub‐paras. (2), (3) rep. 1995 NI 19

(4) Where the licence holder finds it necessary to undermine but not alter the position of any owners' electric line, electrical plant,[F3 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.

(5) Where a licence holder lays any electric line crossing or liable to touch any apparatus belonging to [F4a water undertaker or sewerage undertaker] or to any gas undertaking, the conducting portion of the electric line shall be effectively insulated in a manner approved by the Department, and the licence holder shall not, except with the consent of the [F5water undertaker or sewerage undertaker] or, as the case may be, the gas undertaking, and of the Department—

(a)lay the electric lines so as to come into contact with the apparatus; or

(b)use the apparatus in connection with the supply of electricity.

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

Sub‐paras. (7), (8) rep. by 1995 NI 19

[F2(9) In this paragraph “owners” means any of the persons mentioned in paragraphs (a), (b) or (c) of sub‐paragraph (1).]