Consent for the purposes of Article 237N.I.
238.—(1) Where an application is made to any relevant undertaker for a consent for the purposes of Article 237, the undertaker—
(a)shall give notice of its decision with respect to the application as soon as reasonably practicable after receiving it; and
(b)subject to paragraph (2), may make it a condition of giving any consent that the undertaker itself should carry out so much of any works to which the application relates as is specified in the notice of its decision.
(2) On such an application a relevant undertaker shall not refuse its consent, or impose any such condition as is mentioned in paragraph (1)(b), unless it is reasonable to do so.
(3) Where any relevant undertaker has given a notice to any person imposing any such condition as is mentioned in paragraph (1)(b), the undertaker—
(a)shall carry out those works as soon as reasonably practicable after giving the notice; and
(b)may recover from that person any expenses reasonably incurred by it in doing so.
(4) Any dispute between a relevant undertaker and any other person (including another such undertaker)—
(a)as to whether the undertaker or that other person should bear any expenses under paragraph (3); or
(b)as to the amount of any expenses to be borne by any person under that paragraph,
shall be referred to the arbitration of a single arbitrator appointed by agreement between the undertaker and that person or, in default of agreement, by the Authority.
(5) Paragraph (3) shall not apply where the person who was given the notice notifies the undertaker that the carrying out of the works to which the condition relates is no longer required.
Commencement Information
I1Art. 238 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)