The Nottingham Express Transit System Order 2009

47.  The following provisions of this paragraph shall have effect for the provision by the promoter in the construction of the authorised works of accommodation or other facilities for the laying of apparatus under the authorised tramway to accommodate the gas distribution network of National Grid Gas Plc and the electricity transmission network of National Grid Electricity Transmission Plc:—

(a) not less than 6 months before the promoter commences the construction of any of the authorised works in any highway it shall give notice of its intention to do so in writing to each of National Grid Gas Plc and National Grid Electricity Transmission Plc;

(b) if, within 56 days from the service on it of notice of the intended construction of any works under sub-paragraph (a), National Grid Gas Plc or National Grid Electricity Transmission Plc gives to the promoter—

(i) notice in writing that it is reasonably necessary for the existing operation or planned expansion of its respective gas distribution or electricity transmission networks that such accommodation or other facilities be provided; and

(ii) such information as the promoter may require to enable it to determine the reasonableness of that request, the extent and description of the accommodation or other facilities to be provided and the means of access to apparatus laid in the accommodation or other facilities requested,

the promoter shall, so far as it is reasonably practicable to do so, provide in the construction of the authorised works such accommodation or other facilities for the laying of apparatus under the authorised tramway as may be agreed between it and National Grid Gas Plc or National Grid Electricity Transmission Plc, as the case may be or, in default of agreement, determined by arbitration;

(c) subject to the provisions of this paragraph, National Grid Gas Plc and National Grid Electricity Transmission Plc shall be entitled to use the accommodation or other facilities and the means of access to them provided by the promoter for the laying and installation of the apparatus for which they were provided and for the purpose of inspecting, repairing, removing or renewing that apparatus;

(d) except in case of emergency when it shall give such notice as it can in the circumstances, National Grid Gas Plc and National Grid Electricity Transmission Plc shall give the promoter not less than 42 days' notice of their intention to lay and install or to repair, remove or renew apparatus in any such accommodation or facilities;

(e) in laying and installing apparatus in accommodation or other facilities provided by the promoter National Grid Gas Plc and National Grid Electricity Transmission Plc shall conform with the reasonable requirements of the promoter as to the times at which, and the manner in which, such works by National Grid Gas Plc or National Grid Electricity Transmission Plc as affect the authorised tramway shall be carried out, and the promoter shall be entitled to superintend the carrying out of such works;

(f) National Grid Gas Plc and National Grid Electricity Transmission Plc shall maintain in good repair and to the reasonable satisfaction of the promoter any apparatus laid and installed in the accommodation or facilities provided by the promoter and shall take such precautions as the promoter reasonably requires to be taken for ensuring the safety of the authorised tramway and the traffic on it;

(g) the accommodation or other facilities provided by the promoter shall be maintained by the promoter to the reasonable satisfaction of National Grid Gas Plc and National Grid Electricity Transmission Plc; and

(h) except in case of emergency when it shall give such notice as it can, the promoter shall give to the National Grid Gas Plc and National Grid Electricity Transmission Plc not less than 42 days' notice in writing of its intention to carry out any works affecting any such accommodation or other facilities and, in carrying out the same, shall take such measures as National Grid Gas Plc and National Grid Electricity Transmission Plc may reasonably require for the protection of, or for preventing interference with, its apparatus laid or installed in the accommodation or other facilities.