Article 44
1. For the protection of the utility undertakers referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertaker concerned.
2. In this Part of this Schedule—
“alternative apparatus” means—
in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989(1)) belonging to or maintained by that utility undertaker for the purposes of the electricity supply;
in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 of the Gas Act 1986(2) for the purposes of gas supply;
in the case of a water undertaker, mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; and
in the case of a sewerage undertaker—
any drain or works vested in the utility undertaker under the Water Industry Act 1991(3); and
any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)(4) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104(5) (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act,
and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works,
and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;
“functions” includes powers and duties;
“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land;
“plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed; and
“utility undertaker” means—
any licence holder within the meaning of Part 1 of the Electricity Act 1989;
a gas transporter within the meaning of Part 1 of the Gas Act 1986;
a water undertaker within the meaning of the Water Industry Act 1991; and
a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991,
for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.
3. This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.
4.—(1) Where any street is stopped up under article 16 (permanent stopping up and restriction of use of streets and private means of access), any utility undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the utility undertaker legal easements reasonably satisfactory to the utility undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the utility undertaker to require the removal of that apparatus under paragraph 7 or the power of the undertaker to carry out works under paragraph 9.
(2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 15 (temporary stopping up and restriction of use of streets), a utility undertaker is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.
5. The undertaker, in the case of the powers conferred by article 21 (protective works to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.
6. Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.
7.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (7).
(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question 28 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.
(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, the utility undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.
(4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 47 (arbitration).
(5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 47 (arbitration), and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.
(6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that the undertaker desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.
(7) Nothing in sub-paragraph (6) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.
8.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 47 (arbitration).
(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question 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 must make such provision for the payment of compensation by the undertaker to that utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.
9.—(1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 7(2), the undertaker must submit to the utility undertaker in question a plan of the works to be executed.
(2) Those works must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker is entitled to watch and inspect the execution of those works.
(3) Any requirements made by a utility undertaker under sub-paragraph (2) are to be made within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.
(4) If a utility undertaker, in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 3 and 6 to 8 apply as if the removal of the apparatus had been required by the undertaker under paragraph 7(2).
(5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.
(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances.
(7) In relation to works which will or may be situated on, over, under or within 10 metres measured in any direction of any electricity apparatus, the plan to be submitted to the utility undertaker under sub-paragraph (1) must be detailed, include a method statement and describe—
(a)the exact position of the works;
(b)the level at which they are proposed to be constructed or renewed;
(c)the manner of their construction or renewal;
(d)the position of all electricity apparatus; and
(e)by way of detailed drawings, every alteration proposed to be made to such apparatus.
10.—(1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker all expenses reasonably incurred by that utility undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 7(2).
(2) The value of any apparatus removed under the provisions of this Part of this Schedule must be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.
(3) If in accordance with the provisions of this Part of this Schedule—
(a)apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or
(b)apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 47 (arbitration) to be necessary then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess.
(4) For the purposes of sub-paragraph (3)—
(a)an extension of apparatus to a length greater than the length of existing apparatus must not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and
(b)where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must be treated as if it also had been agreed or had been so determined.
(5) An amount which apart from this sub-paragraph would be payable to a utility undertaker in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.
11.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraphs 5 or 7(2) any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—
(a)bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and
(b)make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker,
by reason or in consequence of any such damage or interruption.
(2) The fact that any act or thing may have been done by a utility undertaker on behalf of the undertaker or in accordance with a plan approved by a utility undertaker or in accordance with any requirement of a utility undertaker or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1).
(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of a utility undertaker, its officers, servants, contractors or agents.
(4) A utility undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker and, if such consent is withheld, the undertaker has the sole conduct of any settlement or compromise of any proceedings necessary to resist the claim or demand.
12. Where in consequence of the proposed construction of any part of the authorised development, the undertaker or a utility undertaker requires the removal of apparatus under paragraph 7(2) or a utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 9, the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the utility undertaker’s undertaking and each utility undertaker must use its best endeavours to co-operate with the undertaker for that purpose.
13. Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaker in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made.
14. For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator.
15. In this Part of this Schedule—
“the 2003 Act” means the Communications Act 2003(6);
“electronic communications apparatus” has the same meaning as in the electronic communications code;
“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act(7);
“electronic communications code network” means—
so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 (application of the electronic communications code) of the 2003 Act; and
an electronic communications network which the undertaker is providing or proposing to provide.
“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;
“infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 (infrastructure system) of that code; and
“operator” means the operator of an electronic communications code network.
16. The exercise of the powers conferred by article 35 (statutory undertakers) is subject to Part 10 (undertaker’s works affecting electronic communications apparatus) of the electronic communications code.
17.—(1) Subject to sub-paragraphs (2) to (4), if as a result of the authorised development or its construction, or of any subsidence resulting from the authorised development—
(a)any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised development), or other property of an operator; or
(b)there is any interruption in the supply of the service provided by an operator,
the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it by reason, or in consequence of, any such damage or interruption.
(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.
(3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker and, if such consent is withheld, the undertaker has the sole conduct of any settlement or compromise of any proceedings necessary to resist the claim or demand.
(4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 47 (arbitration).
18. This Part of this Schedule does not apply to—
(a)any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; or
(b)any damages, or any interruptions, caused by electro-magnetic interference arising from the construction or use of the authorised development.
19. Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made.
20. For the protection of ScottishPower Renewables and the Wind Farm, the following provisions have effect unless otherwise agreed in writing between the undertaker and ScottishPower Renewables.
21. In this Part of this Schedule—
“the Design Vehicle” means the abnormal load vehicle, load and associated tracking as shown on the ScottishPower Renewables Tracking Drawings;
“ScottishPower Renewables” means ScottishPower Renewables (UK) Limited (company registered in Northern Ireland under number NI028425) whose registered office is at The Soloist, 1 Lanyon Place, Belfast, Northern Ireland BT1 3LP;
“ScottishPower Renewables Tracking Drawings” means the drawings certified by the Secretary of State as the ScottishPower Renewables Tracking Drawings for the purposes of this Order; and
“the Wind Farm” means Carland Cross Wind Farm comprising ten wind turbine generators, a control building, cabling and associated plant and infrastructure.
22.—(1) At least 56 days prior to the commencement of the authorised development the undertaker must consult with ScottishPower Renewables on a detailed construction programme and traffic management plan which must clearly set out the access arrangements for the Wind Farm in respect of all types of vehicles for all stages of construction of the authorised development.
(2) ScottishPower Renewables must notify the undertaker within 28 days of receipt of the documents referred to in sub-paragraph (1) where it considers that either or both of the construction programme and the traffic management plan have the potential to affect access to the Wind Farm and/or the commercial operation of the Wind Farm.
(3) If the undertaker does not receive notification from ScottishPower Renewables in accordance with sub-paragraph (2) then ScottishPower Renewables shall be deemed to be satisfied with the documents and the undertaker shall be at liberty to proceed with the authorised development.
(4) The undertaker must make reasonable attempts to agree a resolution to any concerns raised by ScottishPower Renewables in accordance with sub-paragraph (2) prior to commencing the relevant part of the authorised development.
23.—(1) At least 28 days prior to the commencement of Work No. 3 the undertaker must provide to ScottishPower Renewables copies of detailed design information for that work demonstrating that the safe manoeuvre of the Design Vehicle can be accommodated travelling from the east and turning through the same junction to travel back east.
(2) If by the expiry of 28 days beginning with the date on which a plan or document under sub-paragraph (1) is submitted to it ScottishPower Renewables has not advised the undertaker in writing of any reasonable requirements for the alteration of the detailed design of that work in order to accommodate the safe manoeuvre of the Design Vehicle through the junction as described in sub-paragraph (1), it shall be deemed not to have any such requirements.
(3) Work No. 3 must be constructed in accordance with the detailed design information referred to in sub-paragraph (1) and any reasonable requirements specified by ScottishPower Renewables in accordance with sub-paragraph (2) that are necessary to ensure the safe manoeuvre of the Design Vehicle through the junction as described in sub-paragraph (1).
24.—(1) At least 28 days prior to the commencement of Work No. 4 the undertaker must provide to ScottishPower Renewables copies of detailed design information and the detailed construction methodology for that work demonstrating—
(a)that the safe manoeuvre of the Design Vehicle can be accommodated from the A30 eastbound through the Chybucca Junction to the existing A30;
(b)that appropriate over-run areas will be provided; and
(c)how access will be maintained to the Wind Farm throughout construction.
(2) If by the expiry of 28 days beginning with the date on which a plan or document under sub-paragraph (1) is submitted to it ScottishPower Renewables has not advised the undertaker in writing of any reasonable requirements for the alteration of the detailed design of that work or the detailed construction methodology for that work in order to accommodate the safe manoeuvre of the Design Vehicle through the junction, ensure that appropriate over-run areas are provided or to maintain access to the Wind Farm during construction, as described in sub-paragraph (1), it shall be deemed not to have any such requirements.
(3) Work No. 4 must be constructed in accordance with the detailed design information and the detailed construction methodology referred to in sub-paragraph (1) and any reasonable requirements specified by ScottishPower Renewables in accordance with sub-paragraph (2) that are necessary to accommodate the safe manoeuvre of the Design Vehicle through the junction, to ensure that appropriate over-run areas are provided or to maintain access to the Wind Farm during construction, as described in sub-paragraph (1).
25.—(1) At least 28 days prior to the commencement of Work No. 5 the undertaker must provide to ScottishPower Renewables copies of detailed design information for that work demonstrating—
(a)that the safe manoeuvre of the Design Vehicle can be accommodated from the re-aligned existing A30 eastbound into the Wind Farm;
(b)that appropriate over-run areas will be provided which will have a minimum 0.5m buffer either side of the theoretical design vehicle swept path;
(c)in respect of Work No. 5(g)—
(i)that a new site access gate and extensions with multi-lock system to match the existing site access gate will be provided;
(ii)that a minimum 5m running width on straight sections and wider on bends to accommodate the Design Vehicle has been accommodated;
(iii)that a minimum 0.5m verge width has been accommodated which will be increased to approximately 3m where it is required to include the realigned cables comprised within Work No. 5(m);
(d)in respect of Work No. 5(m) that all realigned cables will be within the Order limits; and
(e)that drainage works required as a result of Work No. 5 will be provided.
(2) At least 28 days prior to the commencement of Work No. 5 the undertaker must provide to ScottishPower Renewables copies of the detailed construction methodology for that work demonstrating how access will be maintained to all parts of the Wind Farm throughout construction.
(3) If by the expiry of 28 days beginning with the date on which a plan or document under sub-paragraph (1) or (2) is submitted to it ScottishPower Renewables has not advised the undertaker in writing of any reasonable requirements for the alteration of the detailed design of that work or the detailed construction methodology for that work in order to achieve the measures referred to in sub-paragraphs (1) and (2) it shall be deemed not to have any such requirements.
(4) Work No. 5 must be constructed in accordance with the detailed design information and the detailed construction methodology and any reasonable requirements specified by ScottishPower Renewables in accordance with subparagraph (3) that are necessary to achieve the measures referred to in sub-paragraphs (1) and (2).
26.—(1) At all times during the construction of the authorised development the undertaker must provide or procure (or both) that ScottishPower Renewables and its employees, contractors sub-contractors, agents and assigns are able to obtain 24 hour unhindered access to all parts of the Wind Farm—
(a)on foot, and with cars and light commercial vehicles; and
(b)with heavy goods vehicles and abnormal loads, provided ScottishPower Renewables gives 48 hours’ prior written notice to the undertaker specifying the details of the access requirements.
(2) At all times during the construction of the authorised development the undertaker must provide or procure (or both) that its contractors provide unhindered 24 hour emergency vehicle access to and from all parts of the Wind Farm.
27.—(1) Following construction of the over-run areas comprised within Work No. 4 and Work. No. 5, the undertaker will at its own cost and expense and insofar as it is the owner of and/or the highway authority for the areas in question—
(a)keep the over-run areas clear of, without limitation, all rubbish, debris and vehicles, at all times;
(b)undertake any clearance and/or maintenance required within reasonable timescales;
(c)provide ScottishPower Renewables with copies of keys required to unlock any lockable bollards or similar that would prevent or hinder the use of the over-run areas; and
(d)restrict access to those parts of the over-run areas where lockable bollards or similar are in place to the undertaker, the local highway authority and to ScottishPower Renewables only.
(2) In the event that the existing re-aligned A30 is adopted the undertaker will use reasonable endeavours to procure that the local highway authority complies with the obligations under paragraph (1).
28.—(1) Prior to transferring any benefit of this Order to the local highway authority, the undertaker must (at the sole cost and expense of the undertaker) grant to ScottishPower Renewables permanent and uninterrupted rights in a form acceptable to ScottishPower Renewables—
(a)to pass and re-pass on foot and with all vehicles over the over-run areas;
(b)to pass and re-pass on foot and with all vehicles over any part of Work No. 5 not forming part of the public highway; and
(c)to access, maintain and pass electricity through the re-aligned cables comprised within Work No. 5(m) provided always that no consideration shall be payable by ScottishPower Renewables for or in relation to any such rights.
29. The undertaker will pay to ScottishPower Renewables its proper and reasonable legal costs, professional fees and disbursements incurred in connection with reviewing detailed design information, construction information and any other information submitted to ScottishPower Renewables in respect of the authorised development.
30.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of the authorised development any damage is caused to the Wind Farm or other property of ScottishPower Renewables, or there is any interruption in the supply of electricity from the Wind Farm, the undertaker must—
(a)bear and pay the cost reasonably incurred by ScottishPower Renewables in making good such damage or restoring the supply; and
(b)make reasonable compensation to ScottishPower Renewables for any other expenses, loss, damages, penalty or costs incurred by ScottishPower Renewables, by reason or in consequence of any such damage or interruption.
(2) The fact that any act or thing may have been done by ScottishPower Renewables on behalf of the undertaker or in accordance with a plan approved by ScottishPower Renewables or in accordance with any requirement of ScottishPower Renewables or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1).
(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of ScottishPower Renewables, its officers, servants, contractors or agents.
31. Any difference arising between the undertaker and ScottishPower Renewables under this Part of this Schedule must be referred to and settled by arbitration under article 47 (arbitration).
1989 c. 29. The definition of “electrical plant” (in section 64) was amended by paragraphs 24 and 38(1) and (3) of Schedule 6 to the Utilities Act 2000 (c. 27).
1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by sections 3(2) and 76 of, and paragraphs 1 and 4 of Schedule 6, and Schedule 8 to the Utilities Act 2000, sections 149(1) and (3) and 179(9) of, and Part 1 of Schedule 23 to, the Energy Act 2004 (c. 40) and S.I. 2011/2704.
Section 102(4) was amended by section 96(1) of the Water Act 2003 (c. 37).
Section 104 was amended by sections 96(4) and 101(2) of and Part 3 of, the Water Act 2003 and section 42(3) of the Flood and Water Management Act 2016 (c. 29).
See section 106, Section 106 was amended by section 4(3) to (9) of the Digital Economy Act 2017 (c. 30).