119. For the protection of Centrica Storage Limited, the following provisions, unless otherwise agreed in writing between the undertaker and Centrica Storage Limited, have effect.E+W
Commencement Information
I1Sch. 9 para. 119 in force at 1.9.2020, see art. 1
120. In this Part of this Schedule—E+W
“Centrica” means Centrica Storage Limited (company number 03294124); and
“the pipeline” means the pipeline crossing the Order limits owned and operated by Centrica used at various times for the passage of stabilised liquid condensate and all ancillary apparatus including such works and apparatus properly appurtenant to the pipeline as are specified by section 65(2) (meaning of “pipe-line”) of the Pipe-lines Act 1962.
Commencement Information
I2Sch. 9 para. 120 in force at 1.9.2020, see art. 1
121. Before commencing any part of the authorised development which would have an effect on the operation or maintenance of the pipeline and access to it, the undertaker must submit to Centrica plans and sections of the proposed works and such further particulars as Centrica may, within 28 days from the day on which plans and sections are submitted under this paragraph, reasonably require.E+W
Commencement Information
I3Sch. 9 para. 121 in force at 1.9.2020, see art. 1
122. At the same time as providing the plans and sections to Centrica pursuant to paragraph 121, the undertaker must also provide a copy of the construction traffic management plan and the construction environmental management plan, in each case being the document approved by the relevant planning authority pursuant to the requirements or where no such approval has been given at that time, the draft of the relevant document.E+W
Commencement Information
I4Sch. 9 para. 122 in force at 1.9.2020, see art. 1
123. No works comprising any part of the authorised development which would have an effect on the operation, maintenance or abandonment of the pipeline and access to it are to be commenced until plans and sections in respect of those works submitted under paragraph 121 have been approved by Centrica.E+W
Commencement Information
I5Sch. 9 para. 123 in force at 1.9.2020, see art. 1
124. Any approval of Centrica required under paragraph 123 must not be unreasonably withheld or delayed but may be given subject to such reasonable requirements as Centrica may require to be made for—E+W
(a)the continuing safety and operational viability of the pipeline; and
(b)the requirement for Centrica to have uninterrupted and unimpeded access to the pipeline at all times.
Commencement Information
I6Sch. 9 para. 124 in force at 1.9.2020, see art. 1
125.—(1) Subject to sub-paragraphs (2) to (5), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works—E+W
(a)any damage is caused to the pipeline (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of Centrica; or
(b)there is any interruption in the supply of the service provided by Centrica,
the undertaker must bear and pay the cost reasonably incurred by Centrica in making good such damage or restoring the supply and make reasonable compensation to Centrica for any other direct expenses, loss, damages, penalty or other direct 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 Centrica, its officers, servants, contractors or agents.
(3) Centrica 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 which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.
(4) The total liability of the undertaker in respect of this paragraph 125 shall be limited to the sum of ten million pounds (£10,000,000) for any one event or series of connected events.
(5) Any difference arising between the undertaker and [F1Centrica] under this Part of this Schedule must be referred to and settled by arbitration under article 42 (arbitration).
Textual Amendments
F1Word in Sch. 9 para. 125(5) substituted (17.5.2021) by The Immingham Open Cycle Gas Turbine (Correction) Order 2021 (S.I. 2021/581), art. 1, Sch.
Commencement Information
I7Sch. 9 para. 125 in force at 1.9.2020, see art. 1