The Felixstowe Dock and Railway Company (Land Acquisition) Order 2007

6.—(1) Where, in accordance with the provisions of this Part of this Schedule, the Company affords to National Grid Gas facilities and rights for the construction, maintenance and renewal in land of the Company of alternative apparatus in substitution for apparatus to be removed as aforesaid, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the Company and National Grid Gas or in default of agreement settled by arbitration in accordance with sub-paragraphs (2) and (3).

(2) In settling those terms and conditions in respect of alternative apparatus to be constructed in any land of the Company, the arbitrator shall—

(a) give effect to all reasonable requirements of the Company for ensuring the safe and efficient operation of the Felixstowe South Reconfiguration and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the Company; and

(b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions (if any) applicable to the apparatus for which the alternative apparatus is to be substituted, have regard to National Grid Gas’s ability to fulfil its service obligations and to any other reasonable requirements of National Grid Gas.

(3) If the facilities and rights to be afforded by the Company in respect of any alternative apparatus and the terms and conditions subject to which the same are to be granted are in the opinion of the arbitrator less favourable on the whole to National Grid Gas than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator shall make such provision for the payment of compensation by the Company to National Grid Gas as appears to him to be reasonable having regard to all the circumstances of the particular case.