The Northampton Gateway Rail Freight Interchange Order 2019

• (1) If, in the exercise of the agreement reached in accordance with paragraph 5 of this Part of this Schedule or in any other authorised manner, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of Cadent 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 Cadent in accordance with sub-paragraphs (2) to (5).

• (2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to Cadent advance 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 Cadent reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to Cadent to its satisfaction (taking into account paragraph 8(1) of this Part of this Schedule) the necessary facilities and rights—

• (a) for the construction of alternative apparatus in other land of or land secured by the undertaker; and

• (b) 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 or land secured by 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, Cadent must, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed, with the undertaker’s assistance if required by Cadent, save that this obligation does not extend to the requirement for Cadent to use its compulsory purchase powers to this end unless it elects to so do.

• (4) Any alternative apparatus to be constructed in land of or land secured by 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 Cadent and the undertaker.

• (5) Cadent must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the prior grant to Cadent of any such facilities and rights as are referred to in sub-paragraph (2) or (3), then 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.

7

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for Cadent facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and Cadent, and must be no less favourable on the whole to Cadent than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by Cadent.

• (2) If the facilities and rights to be afforded by the undertaker and agreed with Cadent under sub-paragraph (1) in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to Cadent 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 matter will be referred to arbitration in accordance with paragraph 14 of this Part of this Schedule and the arbitrator is to make such provision for the payment of compensation by the undertaker to Cadent as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

8

• (1) Not less than 56 days before the commencement of any specified works the undertaker must submit to Cadent a plan and, if reasonably required by Cadent, a ground monitoring scheme in respect of those works.

• (2) The plan to be submitted to the undertaker under sub-paragraph (1) must include a method statement and describe—

• (a) the exact position of the works;

• (b) the level at which these are proposed to be constructed or renewed;

• (c) the manner of their construction or renewal including details of excavation, positioning of plant etc;

• (d) the position of all apparatus;

• (e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and

• (f) any intended maintenance regimes.

• (3) The undertaker must not commence any works to which sub-paragraph (1) applies until Cadent has given written approval of the plan so submitted.

• (4) Any approval of Cadent required under sub-paragraph (3)—

• (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (5) or (7); and,

• (b) must not be unreasonably withheld or delayed.

• (5) In relation to any work to which sub-paragraph (1) applies, Cadent may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

• (6) Works to which this paragraph applies must only be executed in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (5), as approved or as amended from time to time by agreement between the undertaker and Cadent and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (5) or (7) by Cadent for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Cadent will be entitled to watch and inspect the execution of those works.

• (7) Where Cadent requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to Cadent’s satisfaction prior to the commencement of any authorised works (or any relevant part thereof) for which protective works are required and Cadent must give 56 days’ notice of such works from the date of submission of a plan pursuant to this paragraph (except in an emergency).

• (8) If Cadent in accordance with sub-paragraphs (5) or (7) 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, sub-paragraphs (1) to (3) and (6) to (8) apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(2) of this Part of this Schedule.

• (9) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the authorised works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan.

• (10) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to Cadent notice as soon as is reasonably practicable and a plan of those works and must—

• (a) comply with sub-paragraphs (5), (6) and (7) insofar as is reasonably practicable in the circumstances; and

• (b) comply with sub-paragraph (11) at all times.

• (11) At all times when carrying out any works authorised under the Order the undertaker must comply with the Cadent policies for safe working in proximity to gas apparatus “Specification for safe working in the vicinity of National Grid, High pressure Gas pipelines and associated installation requirements for third parties T/SP/SSW22” and HSE’s “HS(~G)47 Avoiding Danger from underground services”.

• (12) As soon as reasonably practicable after any ground subsidence event attributable to the authorised development the undertaker must implement an appropriate ground mitigation scheme, save that Cadent retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 9 of this Part of this Schedule.

9

• (1) Subject to the following provisions of this paragraph, the undertaker must pay to Cadent on demand all charges, costs and expenses reasonably anticipated or incurred by Cadent in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised works as are referred to in this Part of this Schedule including without limitation—

• (a) any costs reasonably incurred by or compensation properly paid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs incurred by Cadent as a consequence of Cadent—

• (i) using its own compulsory purchase powers to acquire any necessary rights under 6(3); and/or

• (ii) exercising any compulsory purchase powers in the Order transferred to or benefitting Cadent;

• (b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;

• (c) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;

• (d) the approval of plans;

• (e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works; and

• (f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule.

• (2) There will be deducted from any sum payable under sub-paragraph (1) or article 36 (apparatus and rights of statutory undertakers in stopped up streets) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, 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 48 (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 Cadent by virtue of sub-paragraph (1) will be reduced by the amount of that excess save where it is not possible in the circumstances to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker.

• (4) For the purposes of sub-paragraph (3)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus will 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 will 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 an undertaker in respect of works by virtue of sub-paragraph (1) will, 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 Cadent any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

10

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised works by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, 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 the authorised works) or property of Cadent, or there is any interruption in any service provided, or in the supply of any goods, by Cadent, or Cadent becomes liable to pay any amount to any third party, the undertaker will—

• (a) bear and pay on demand the cost reasonably incurred by Cadent in making good such damage or restoring the supply; and

• (b) indemnify Cadent for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from Cadent, by reason or in consequence of any such damage or interruption or Cadent becoming liable to any third party as aforesaid other than arising from any default of Cadent.

• (2) The fact that any act or thing may have been done by Cadent on behalf of the undertaker or in accordance with a plan approved by Cadent or in accordance with any requirement of Cadent or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this sub-paragraph (1) unless Cadent fails to carry out and execute the works properly with due care and attention and in a skilful and workmanlike manner or in a manner that does not accord with the approved plan.

• (3) Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of—

• (a) any damage or interruption to the extent that it is attributable to the neglect or default of Cadent, its officers, servants, contractors or agents; and

• (b) any authorised works and/or any other works authorised by this Part of this Schedule carried out by Cadent as an assignee, transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 (benefit of order granting development consent) of the Planning Act 2008 subject to the proviso that once such works become apparatus (“new apparatus”), any authorised works yet to be executed and not falling within this paragraph (b) will be subject to the full terms of this Part of this Schedule including this paragraph 10.

• (4) Cadent must give the undertaker reasonable notice of any such third party claim or demand and no settlement or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations.

11

Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by agreement in writing between Cadent and the undertaker, nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between Cadent and the undertaker in respect of any apparatus laid or erected in land belonging to Cadent on the date on which this Order is made.

12

• (1) Where in consequence of the proposed construction of any of the authorised works, the undertaker or Cadent requires the removal of apparatus under paragraph 6(2) of this Part of this Schedule or Cadent makes requirements for the protection or alteration of apparatus under paragraph 8 of this Part of this Schedule, 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 Cadent’s undertaking and Cadent must use its best endeavours to co-operate with the undertaker for that purpose.

• (2) Whenever Cadent’s consent, agreement or approval is required in relation to plans, documents or other information submitted by the undertaker or the taking of action by the undertaker, it must not be unreasonably withheld or delayed.

13

If in consequence of the agreement reached in accordance with paragraph 5(1) of this Part of this Schedule or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable Cadent to maintain or use the apparatus no less effectively than was possible before such obstruction.

14

Any difference or dispute arising between the undertaker and Cadent under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and Cadent, be determined by arbitration in accordance with article 48 (arbitration).

15

The plan and scheme submitted to Cadent by the undertaker pursuant to paragraph 8(1) of this Part of this Schedule must be sent to Cadent Gas Limited Plant Protection at plantprotection@cadentgas.com or such other address as Cadent may from time to time appoint instead for that purpose and notify to the undertaker.

1

The provisions of this Part of this Schedule have effect unless otherwise agreed in writing between the undertaker and Anglian Water.

2

In this Part of this Schedule—

• “Anglian Water” means Anglian Water Services Limited (Company Registration Number 02366656) whose registered office is situated at Lancaster House, Lancaster Way, Ermine Business Park, Huntingdon, Cambridge, PE29 6XU

• “apparatus” means any works, mains, pipes or other apparatus belonging to or maintained by Anglian Water for the purposes of water supply and sewerage and—any drain or works vested in Anglian Water under the Water Industry Act 1991[^f00097];any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)[^f00098] (adoption of sewers and disposal works) of the Water Industry Act 1991 or an agreement to adopt made under section 104[^f00099] (agreements to adopt sewer, drain or sewage disposal works) of that Act,and includes a sludge main, disposal main or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any sewer, drain or works;

• “alternative apparatus” means alternative apparatus adequate to enable Anglian Water to fulfil its statutory functions in no less efficient a manner than previously;

• “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 sections, drawings, specifications and method statements; and

• “standard protection strips” means the strips of land falling the following distances to either side of the medial line of any relevant pipe or apparatus: 2.25 metres where the diameter of the pipe is less than 150 millimetres, 3 metres where the diameter of the pipe is between 150 and 450 millimetres, 4.5 metres where the diameter of the pipe is between 450 and 750 millimetres and 6 metres where the diameter of the pipe exceeds 750 millimetres.

3

The undertaker must not interfere with, build over or build within 6 metres of any apparatus within the Order land or 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 the standard protection strips unless otherwise agreed in writing with Anglian Water, such agreement not to be unreasonably withheld or delayed.

4

The alteration, extension, removal or re-location of any apparatus must not be implemented until—

• (a) any requirement for any permits under the Environmental Permitting (England and Wales) Regulations 2016[^f00100] or other legislation and any other associated consents are obtained, and any approval or agreement required from Anglian Water on alternative outfall locations as a result of such re-location are approved, such approvals from Anglian Water not to be unreasonably withheld or delayed; and

• (b) the undertaker has made the appropriate application required under the Water Industry Act 1991 together with a plan and section of the works proposed and Anglian Water has agreed all of the contractual documentation required under the Water Industry Act 1991, such agreement not to be unreasonably withheld or delayed; and such works to be executed only in accordance with the plan, section and description submitted and in accordance with such reasonable requirements as may be made by Anglian Water for the alteration or otherwise for the protection of the apparatus, or for securing access to it.

5

In the situation, where in exercise of the powers conferred by the Order, the undertaker acquires any interest in any land in which apparatus is placed and such apparatus is to be relocated, extended, removed or altered in any way, no alteration or extension can take place until Anglian Water has established to its reasonable satisfaction, contingency arrangements in order to conduct its functions for the duration of the works to relocate, extend, remove or alter the apparatus.

6

Regardless of any provision in this Order or anything shown on any plan, the undertaker must not acquire any apparatus otherwise than by agreement, and before extinguishing any existing rights for Anglian Water to use, keep, inspect, renew and maintain its apparatus in the Order land, the undertaker must, with the agreement of Anglian Water, create a new right to use, keep, inspect, renew and maintain the apparatus that is reasonably convenient for Anglian Water, such agreement not to be unreasonably withheld or delayed, and to be subject to arbitration under article 48.

7

If in consequence of the exercise of the powers conferred by the Order the access to any apparatus is materially obstructed the undertaker must provide such alternative means of access to such apparatus as will enable Anglian Water to maintain or use the apparatus no less effectively than was possible before such obstruction.

8

If in consequence of the exercise of the powers conferred by the Order, previously unmapped sewers, lateral drains or other apparatus are identified by the undertaker, notification of the location of such assets will immediately be given to Anglian Water and afforded the same protection as other Anglian Water assets.

9

If for any reason or in consequence of the construction of any of the works referred to in paragraphs 4 to 6 and 8 of this Part of this Schedule any damage is caused to any 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 Anglian Water, or there is any interruption in any service provided, or in the supply of any goods, by Anglian Water, the undertaker must —

• (a) bear and pay the cost reasonably incurred by Anglian Water in making good any damage or restoring the supply; and

• (b) make reasonable compensation to Anglian Water for any other expenses, loss, damages, penalty or costs incurred by Anglian Water,

by reason or in consequence of any such damage or interruption.

1

The provisions of this Part of this Schedule 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 alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner no less efficiently than previously;

• “apparatus” means electric lines or electrical plant (as defined in the Electricity Act 1989[^f00101]), belonging to or maintained by that undertaker;

• “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;

• “specified work” means so much of any of the authorised development that is carried out within 6 metres of any apparatus; and

• “utility undertaker” means any licence holder within the meaning of Part 1 of the Electricity Act 1989 for the area of the authorised development, and in relation to any apparatus, means the 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 of the 1991 Act.

4

• (1) Where any street is stopped up under article 10 (permanent stopping up of streets), 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 6 of this Part of this Schedule or the power of the undertaker to carry out works under paragraph 8 of this Part of this Schedule.

• (2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 11 (temporary stopping up 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

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.

6

• (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 (6).

• (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 60 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 an 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 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 save that this obligation does not extend to a requirement on the utility undertaker to use its compulsory purchase powers to this end unless the utility undertaker elects to do so.

• (4) If, for the purpose of executing any works, the undertaker requires to remove or divert any apparatus placed within the Order land, and alternative apparatus or any part of such alternative apparatus is to be constructed in land other than the Order land as a consequence of the removal or diversion of apparatus, then the undertaker shall use its reasonable endeavours to obtain alternative rights in other land in which the alternative apparatus is to be constructed.

• (5) Should the undertaker not be able to obtain the alternative rights required under sub-paragraph (2)(a) then the undertaker and the utility undertaker shall use reasonable endeavours to agree a reasonably practicable and mutually agreeable alternative engineering solution which does not require alternative apparatus to be constructed in land other than Order land and does not require alternative rights.

• (6) 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 48 (arbitration).

• (7) 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 48, and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraphs (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.

• (8) 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

• (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 48 (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.

8

• (1) Not less than 60 days before starting the execution of any specified 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) of this Part of this Schedule, 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) must be made within a period of 60 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 5 to 7 of this Part of this Schedule apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(2) of this Part of this Schedule.

• (5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 60 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 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.

9

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 6(2) of this Part of this Schedule.

10

• (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 6(2) of this Part of this Schedule, or by reason of any subsidence resulting from such development or works, 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 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 who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

11

At all times when carrying out any works authorised under the Order the undertaker must comply with the utility undertaker’s “Avoidance of Danger from Electricity Overhead Lines and Underground Cables” (2014), the Energy Network Association’s “A Guide to the Safe Use of Mechanical Plant in the Vicinity of Electricity Overhead Lines” (undated), the Health and Safety Executive’s GS6 “Avoiding Danger from Overhead Power Lines” and the Health and Safety Executive’s HSG47 “Avoiding Danger from Underground Services” (Third Addition) (2014) as the same may be replaced from time to time.

12

Where in consequence of the proposed construction of any of the authorised development, the undertaker or a utility undertaker requires the removal of apparatus under paragraph 6(2) of this Part of this Schedule or a utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 8 of this Part of this Schedule, the undertaker must use 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 laid or erected in land belonging to the undertaker on the date on which this Order is made.

1

The provisions of this Part of this Schedule have effect unless otherwise agreed in writing between the undertaker and the operator.

2

In this Part of this Schedule—

• “the 2003 Act” means the Communications Act 2003[^f00102];

• “electronic communications apparatus” has the same meaning as in the electronic communications code[^f00103];

• “the electronic communications code” has the same meaning as in section 106(1)[^f00104] (application of the electronic communications code) of the 2003 Act;

• “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 of the 2003 Act; andan 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 reference to providing an infrastructure system are to be construed in accordance with paragraph 7(2) of that code; and

• “operator” means the operator of an electronic communications code network.

3

The exercise of the powers conferred by article 32 (statutory undertakers and operators of the electronic communications code network) is subject to Part 10 of the electronic communications code.

4

• (1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works—

• (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 those works), 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 who, if withholding such consent, has the sole conduct of any settlement or compromise or 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 48 (arbitration).

• (5) 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 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.

• (6) 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 laid or erected in land belonging to the undertaker on the date on which this Order is made.

Editorial notes

[^key-341e48f376305477c9cc8be233d9dec2]: Art. 1 in force at 30.10.2019, see art. 1

[^key-f5e7b20079f9b9a9438550f80150b44d]: Art. 2 in force at 30.10.2019, see art. 1

[^key-67adea84976958935f39f8cc5633bb1c]: Art. 3 in force at 30.10.2019, see art. 1

[^key-7db38b2f28351a57ee98d5a446b467ef]: Art. 4 in force at 30.10.2019, see art. 1

[^key-b503442576c7b1d922dc55fa8918964e]: Art. 5 in force at 30.10.2019, see art. 1

[^key-5c90f367a8157f787cdcb0f68625ec20]: Art. 6 in force at 30.10.2019, see art. 1

[^key-1a96503100383ab22bcebe16631a890a]: Art. 7 in force at 30.10.2019, see art. 1

[^key-9683e379fe67836b385b1e78361bfd43]: Art. 8 in force at 30.10.2019, see art. 1

[^key-1398788f0266135a8ac57cb01663ae90]: Art. 9 in force at 30.10.2019, see art. 1

[^key-be3d80740cbde4519b3d68eb66f409dc]: Art. 10 in force at 30.10.2019, see art. 1

[^key-42d3fd3c219a95d6b41f007bbd4ee29b]: Art. 11 in force at 30.10.2019, see art. 1

[^key-e89f7ed205ec545270f64a2f6e8a3e12]: Art. 12 in force at 30.10.2019, see art. 1

[^key-278ab450be56a292318803466af38e7b]: Art. 13 in force at 30.10.2019, see art. 1

[^key-3aaed8798579296cdfab98dd149b59ce]: Art. 14 in force at 30.10.2019, see art. 1

[^key-e343f800bcd8b6019c54700f07adee04]: Art. 15 in force at 30.10.2019, see art. 1

[^key-10c9e065be01f9f22cd52392d27b9403]: Art. 16 in force at 30.10.2019, see art. 1

[^key-fb426976b5319bf129b74d6aeb92fde8]: Art. 17 in force at 30.10.2019, see art. 1

[^key-94cc91ed9cff8fd8ce245f421afe3716]: Art. 18 in force at 30.10.2019, see art. 1

[^key-b394ba9ee7260a87843caa976d87ba2a]: Art. 19 in force at 30.10.2019, see art. 1

[^key-728beca53157371a280152104c737d55]: Art. 20 in force at 30.10.2019, see art. 1

[^key-1cef688319b7d8bb58912113facfb4fd]: Art. 21 in force at 30.10.2019, see art. 1

[^key-6ea754346e3a26665b45db1f691d9d38]: Art. 22 in force at 30.10.2019, see art. 1

[^key-e616dc3fd4c6eadf5cc1e18efe165340]: Art. 23 in force at 30.10.2019, see art. 1

[^key-8a35218d0827f5a8c85b6af267c8665f]: Art. 24 in force at 30.10.2019, see art. 1

[^key-c4f2d5d0052e3d665d396848d849159b]: Art. 25 in force at 30.10.2019, see art. 1

[^key-00ca2c786580a8ec268c99d045c4f53a]: Art. 26 in force at 30.10.2019, see art. 1

[^key-ab1636bd46b9945e3a37dcfe479f7c4e]: Art. 27 in force at 30.10.2019, see art. 1

[^key-3b923e5d4df18db956fc2ea57f14e987]: Art. 28 in force at 30.10.2019, see art. 1

[^key-0c84e396e34bf8396c53fbc524e62b4a]: Art. 29 in force at 30.10.2019, see art. 1

[^key-03c8600b9d93a2ba616d6cd9324b1e65]: Art. 30 in force at 30.10.2019, see art. 1

[^key-433aea4e000f8035b379f15d06360bfa]: Art. 31 in force at 30.10.2019, see art. 1

[^key-a1e9426258e74723db18411d51c7f6f4]: Art. 32 in force at 30.10.2019, see art. 1

[^key-647fcaf890094ea50a2a9fe051df96eb]: Art. 33 in force at 30.10.2019, see art. 1

[^key-d98c7d1f753d4f038b9e940d41f45c40]: Art. 34 in force at 30.10.2019, see art. 1

[^key-30a2a3990f8ab6dea30e6e112a7e7e9d]: Art. 35 in force at 30.10.2019, see art. 1

[^key-1999a15611373c1e1199ea189b9be251]: Art. 36 in force at 30.10.2019, see art. 1

[^key-e48f9a2d058c1e328a54c46553e3d1fa]: Art. 37 in force at 30.10.2019, see art. 1

[^key-cb10a73222c673efccf99b9d3601193b]: Art. 38 in force at 30.10.2019, see art. 1

[^key-d25dd8da8b8140607bbbee1cbd59feb0]: Art. 39 in force at 30.10.2019, see art. 1

[^key-027aad0d050a21615d8a32227929d51f]: Art. 40 in force at 30.10.2019, see art. 1

[^key-25ae972e544d20341bf39282206c2034]: Art. 41 in force at 30.10.2019, see art. 1

[^key-93b4404e14c693bf9fc8b61a0aefba1f]: Art. 42 in force at 30.10.2019, see art. 1

[^key-e41c978e69ce6feefd726139753b9dc1]: Art. 43 in force at 30.10.2019, see art. 1

[^key-7efd77af6ddb92181a91310c907d2737]: Art. 44 in force at 30.10.2019, see art. 1

[^key-e4f97243a613ce0d395d6fbb8ef22192]: Art. 45 in force at 30.10.2019, see art. 1

[^key-61ce5c10ee5bd6e78639097d016faae1]: Art. 46 in force at 30.10.2019, see art. 1

[^key-6505bd63fd066913aa2d158093dad40c]: Art. 47 in force at 30.10.2019, see art. 1

[^key-ee48158b406740cb75cb86844c9c045c]: Art. 48 in force at 30.10.2019, see art. 1

[^key-22246cc90c4e10bee20997e6845b886d]: Sch. 2 Pt. 1 para. 1 in force at 30.10.2019, see art. 1

[^key-093a9ea925a89089d552cc0a25cd57bb]: Sch. 2 Pt. 1 para. 2 in force at 30.10.2019, see art. 1

[^key-0b9342d24b0c21ae8bb0f40e07704906]: Sch. 2 Pt. 1 para. 3 in force at 30.10.2019, see art. 1

[^key-6688d47e7833b3dcf9ddac787b508f46]: Sch. 2 Pt. 1 para. 4 in force at 30.10.2019, see art. 1

[^key-2af492836e2a56575134f53b9e555f6c]: Sch. 2 Pt. 1 para. 5 in force at 30.10.2019, see art. 1

[^key-90cf366d27a6253ad77eb7cab06d0604]: Sch. 2 Pt. 1 para. 6 in force at 30.10.2019, see art. 1

[^key-fa776aaf74cdd86b52d7c72c78f96ac7]: Sch. 2 Pt. 1 para. 7 in force at 30.10.2019, see art. 1

[^key-cf5fece65a1663b7ab2b6bd4654dd183]: Sch. 2 Pt. 1 para. 8 in force at 30.10.2019, see art. 1

[^key-a2bc96142bcdb74c0ef5c2b5cc5b3722]: Sch. 2 Pt. 1 para. 9 in force at 30.10.2019, see art. 1

[^key-3b7fabfea5e682b6dbce7b99e3ccf057]: Sch. 2 Pt. 1 para. 10 in force at 30.10.2019, see art. 1

[^key-a17e5ac77c8b6d2f1283c45bf99b03d9]: Sch. 2 Pt. 1 para. 11 in force at 30.10.2019, see art. 1

[^key-6a8b676867d52ddaa3ed4e1c1c9480ea]: Sch. 2 Pt. 1 para. 12 in force at 30.10.2019, see art. 1

[^key-dc21efa0094864dec50cec6e9f55e11e]: Sch. 2 Pt. 1 para. 13 in force at 30.10.2019, see art. 1

[^key-aafdca70aa8f2dbc80bf9347e39e74db]: Sch. 2 Pt. 1 para. 14 in force at 30.10.2019, see art. 1

[^key-1f5ecc9701fe9da86935367b42e34825]: Sch. 2 Pt. 1 para. 15 in force at 30.10.2019, see art. 1

[^key-491622a71b84f6c329d566a0037c642f]: Sch. 2 Pt. 1 para. 16 in force at 30.10.2019, see art. 1

[^key-6032090d3f4c5f17bfe87b91517e588d]: Sch. 2 Pt. 1 para. 17 in force at 30.10.2019, see art. 1

[^key-01646be7aa72b80080f0126048931bd8]: Sch. 2 Pt. 1 para. 18 in force at 30.10.2019, see art. 1

[^key-4272f369a2571aa33c35eb0505b8f05c]: Sch. 2 Pt. 1 para. 19 in force at 30.10.2019, see art. 1

[^key-14827443499f24cd1baabf3f2d69214a]: Sch. 2 Pt. 1 para. 20 in force at 30.10.2019, see art. 1

[^key-0e0e9cb70b2d184a39c329eca457b359]: Sch. 2 Pt. 1 para. 21 in force at 30.10.2019, see art. 1

[^key-074586d3c312f542ef5f8b7f83dd70ce]: Sch. 2 Pt. 1 para. 22 in force at 30.10.2019, see art. 1

[^key-d73ffe2cadfbd8ec58b420996f6e74f9]: Sch. 2 Pt. 1 para. 23 in force at 30.10.2019, see art. 1

[^key-3b3ec3c418297dca4c4f5d58bc422f80]: Sch. 2 Pt. 1 para. 24 in force at 30.10.2019, see art. 1

[^key-ad602fe789b567234659c79a92952f54]: Sch. 2 Pt. 1 para. 25 in force at 30.10.2019, see art. 1

[^key-79cec3f05a5e37c197c96cb9f0088904]: Sch. 2 Pt. 1 para. 26 in force at 30.10.2019, see art. 1

[^key-612d98e4369a444c5ee17cd0038f8373]: Sch. 2 Pt. 1 para. 27 in force at 30.10.2019, see art. 1

[^key-1ce228b93ab047ecd9158443cb9d3b41]: Sch. 2 Pt. 1 para. 28 in force at 30.10.2019, see art. 1

[^key-ce91f4104c8f1455b90e5ffade04e0da]: Sch. 2 Pt. 1 para. 29 in force at 30.10.2019, see art. 1

[^key-4b9e828a9f5c4e21f5a28bf01ec6d6e8]: Sch. 2 Pt. 1 para. 30 in force at 30.10.2019, see art. 1

[^key-52d04a28afb261c833d4e53f6431ce5b]: Sch. 2 Pt. 1 para. 31 in force at 30.10.2019, see art. 1

[^key-6515e2e0d95f522d7d45fa710b8a6c64]: Sch. 2 Pt. 1 para. 32 in force at 30.10.2019, see art. 1

[^key-c4c596e6aba92ceb8ef52adaae83a3ca]: Sch. 2 Pt. 2 para. 1 in force at 30.10.2019, see art. 1

[^key-014d13b1fdaa3d549fef7d25da5deab4]: Sch. 2 Pt. 2 para. 2 in force at 30.10.2019, see art. 1

[^key-efc93ded2b0dae9b4812ea9bfbd1138d]: Sch. 2 Pt. 2 para. 3 in force at 30.10.2019, see art. 1

[^key-a9f452581315f5c941147ddf604da661]: Sch. 2 Pt. 2 para. 4 in force at 30.10.2019, see art. 1

[^key-fd52258ee296b5cbfa9f1082aca05409]: Sch. 2 Pt. 2 para. 5 in force at 30.10.2019, see art. 1

[^key-c461bd166c8f6b94b1fb87447f04444e]: Sch. 12 para. 1 in force at 30.10.2019, see art. 1

[^key-4cd78298baa05f2917998bd535513b9f]: Sch. 12 para. 2 in force at 30.10.2019, see art. 1

[^key-d030901e1b2e8dffea837b2ba1da1b71]: Sch. 12 para. 3 in force at 30.10.2019, see art. 1

[^key-f072a5f84b2a7255175c90f4822f5121]: Sch. 12 para. 4 in force at 30.10.2019, see art. 1

[^key-18d4c48c2c308b7ef60ee4af11b60b7b]: Sch. 12 para. 5 in force at 30.10.2019, see art. 1

[^key-49397bc58d5a38926146f49276891609]: Sch. 13 Pt. 1 para. 1 in force at 30.10.2019, see art. 1

[^key-c32cef1334889612a3603a125593202f]: Sch. 13 Pt. 1 para. 2 in force at 30.10.2019, see art. 1

[^key-d4084c062a97fdd69b7b1e9d93fedc9c]: Sch. 13 Pt. 1 para. 3 in force at 30.10.2019, see art. 1

[^key-3f6f55e94131836343241ff8b68d3018]: Sch. 13 Pt. 1 para. 4 in force at 30.10.2019, see art. 1

[^key-52a910d4974f791339bd2798362b856b]: Sch. 13 Pt. 1 para. 5 in force at 30.10.2019, see art. 1

[^key-09f62c51951e900aced09a64cdd547ee]: Sch. 13 Pt. 1 para. 6 in force at 30.10.2019, see art. 1

[^key-88a332fae3146f8113f17a49df7b005a]: Sch. 13 Pt. 1 para. 7 in force at 30.10.2019, see art. 1

[^key-c9a6a922657b02e0ad1e5512c2284b4f]: Sch. 13 Pt. 1 para. 8 in force at 30.10.2019, see art. 1

[^key-cf64150744d6da379e61fddfd1b2d8a8]: Sch. 13 Pt. 1 para. 9 in force at 30.10.2019, see art. 1

[^key-418aee8fb4e694d45893d992e63e6089]: Sch. 13 Pt. 1 para. 10 in force at 30.10.2019, see art. 1

[^key-afc3800cd00eacc040c62de70a5e67e4]: Sch. 13 Pt. 1 para. 11 in force at 30.10.2019, see art. 1

[^key-7c36089cc066e5e3a6aecf8b7e7a5dc1]: Sch. 13 Pt. 1 para. 12 in force at 30.10.2019, see art. 1

[^key-0a6372fbd2b111a89fe562ff28a8f007]: Sch. 13 Pt. 1 para. 13 in force at 30.10.2019, see art. 1

[^key-b5b1b7c454b6a534a63fac8e87d295a2]: Sch. 13 Pt. 1 para. 14 in force at 30.10.2019, see art. 1

[^key-33aa21f7c4b6a4aae3556d0f31e8c9c5]: Sch. 13 Pt. 1 para. 15 in force at 30.10.2019, see art. 1

[^key-a963505701d2df2e097cc7bfdc1dcf71]: Sch. 13 Pt. 1 para. 16 in force at 30.10.2019, see art. 1

[^key-9934a838dc5ab96bd0baaf72822d71bb]: Sch. 13 Pt. 1 para. 17 in force at 30.10.2019, see art. 1

[^key-a912c82058681353f535d59fe92020a2]: Sch. 13 Pt. 1 para. 18 in force at 30.10.2019, see art. 1

[^key-91a7052c328744e89485f270a3e3b4d1]: Sch. 13 Pt. 1 para. 19 in force at 30.10.2019, see art. 1

[^key-93a1287097fcc050d82b919e505f8b1a]: Sch. 13 Pt. 1 para. 20 in force at 30.10.2019, see art. 1

[^key-b0883b8e2a99902917ec073c475fdfa5]: Sch. 13 Pt. 1 para. 21 in force at 30.10.2019, see art. 1

[^key-2ebdc1e9b3cc84167d7704e633374126]: Sch. 13 Pt. 1 para. 22 in force at 30.10.2019, see art. 1

[^key-274a53ce0cdabcd08978d79a596e8e94]: Sch. 13 Pt. 2 para. 1 in force at 30.10.2019, see art. 1

[^key-b70c6a24837b77f688ed16801ffbffa0]: Sch. 13 Pt. 2 para. 2 in force at 30.10.2019, see art. 1

[^key-fb04fc96d5c1ca188eabe43b72e6240a]: Sch. 13 Pt. 2 para. 3 in force at 30.10.2019, see art. 1

[^key-ad7838cc2f6cdddcb3f6992fcb0c8637]: Sch. 13 Pt. 2 para. 4 in force at 30.10.2019, see art. 1

[^key-962900e7fb885a76fb2be3caa650d4ab]: Sch. 13 Pt. 2 para. 5 in force at 30.10.2019, see art. 1

[^key-ce065196d7a1b0436e1ea876764fc6b9]: Sch. 13 Pt. 2 para. 6 in force at 30.10.2019, see art. 1

[^key-e2323a3f33cb51746c8735594f034aa5]: Sch. 13 Pt. 2 para. 7 in force at 30.10.2019, see art. 1

[^key-eb7da7cfd6ef26271e7d9bfa7903d89c]: Sch. 13 Pt. 2 para. 8 in force at 30.10.2019, see art. 1

[^key-28f721ee019390a7740e785afc214e6e]: Sch. 13 Pt. 2 para. 9 in force at 30.10.2019, see art. 1

[^key-aaff37c3de1b3a2d47fa0ba194bac618]: Sch. 13 Pt. 2 para. 10 in force at 30.10.2019, see art. 1

[^key-1df349328fd79ea12ce7ffbda416125c]: Sch. 13 Pt. 2 para. 11 in force at 30.10.2019, see art. 1

[^key-e3c3116f4128e77f22392b1ab3272dba]: Sch. 13 Pt. 2 para. 12 in force at 30.10.2019, see art. 1

[^key-2586e31122ef5ae7f2c968b5b03f669a]: Sch. 13 Pt. 2 para. 13 in force at 30.10.2019, see art. 1

[^key-d6b63ad50a8bf4957e9180c9b882b49f]: Sch. 13 Pt. 2 para. 14 in force at 30.10.2019, see art. 1

[^key-7b67346862eca5eb22cdbcceced24397]: Sch. 13 Pt. 2 para. 15 in force at 30.10.2019, see art. 1

[^key-39826c86e214aafd79caf48e68861803]: Sch. 13 Pt. 2 para. 16 in force at 30.10.2019, see art. 1

[^key-7450a882aefbafac0b88bf6f71451d17]: Sch. 13 Pt. 2 para. 17 in force at 30.10.2019, see art. 1

[^key-3bdef96a3f54eca93a168958eaec4da6]: Sch. 13 Pt. 3 para. 1 in force at 30.10.2019, see art. 1

[^key-ba2607c99f6cbd2af445826645ad3f5b]: Sch. 13 Pt. 3 para. 2 in force at 30.10.2019, see art. 1

[^key-c424293bc3c42a1d0979ec68ef80e968]: Sch. 13 Pt. 3 para. 3 in force at 30.10.2019, see art. 1

[^key-b73b078602a87278897ad50067fab62b]: Sch. 13 Pt. 3 para. 4 in force at 30.10.2019, see art. 1

[^key-5743973c2c097aaca482acbc4d76ce8d]: Sch. 13 Pt. 3 para. 5 in force at 30.10.2019, see art. 1

[^key-dd4531cd0589141790755183bd1836c8]: Sch. 13 Pt. 3 para. 6 in force at 30.10.2019, see art. 1

[^key-d0813ff342436aa44721fe8c57c037a6]: Sch. 13 Pt. 3 para. 7 in force at 30.10.2019, see art. 1

[^key-0a44e40982f7b3e37103e1f69141853c]: Sch. 13 Pt. 3 para. 8 in force at 30.10.2019, see art. 1

[^key-310abf2ea9a15697665d2d0cfe3c5c3f]: Sch. 13 Pt. 3 para. 9 in force at 30.10.2019, see art. 1

[^key-89f5cd578e241a0ac559d8ef3ff20f52]: Sch. 13 Pt. 3 para. 10 in force at 30.10.2019, see art. 1

[^key-ff260a49de9f892a9eb108d1f6b4e552]: Sch. 13 Pt. 3 para. 11 in force at 30.10.2019, see art. 1

[^key-794b96671f9f023f19a565eae93eb7e8]: Sch. 13 Pt. 3 para. 12 in force at 30.10.2019, see art. 1

[^key-19ef72190a78bdd33dbc955a10f49e96]: Sch. 13 Pt. 3 para. 13 in force at 30.10.2019, see art. 1

[^key-064c1af8cf11d5728bb16d1ee891560c]: Sch. 13 Pt. 3 para. 14 in force at 30.10.2019, see art. 1

[^key-5d003b665587f2d98975fbb91aefb1f8]: Sch. 13 Pt. 3 para. 15 in force at 30.10.2019, see art. 1

[^key-78fad9986031cdb0dadedd8d923e98d9]: Sch. 13 Pt. 4 para. 1 in force at 30.10.2019, see art. 1

[^key-423aa8ae2057703fb5e45ce11ff69238]: Sch. 13 Pt. 4 para. 2 in force at 30.10.2019, see art. 1

[^key-5f6a6a77d2af27eb9d9db91c6c288188]: Sch. 13 Pt. 4 para. 3 in force at 30.10.2019, see art. 1

[^key-c33b3be607b12b6db1551c557cfe0938]: Sch. 13 Pt. 4 para. 4 in force at 30.10.2019, see art. 1

[^key-56da89b6d0d4fafada7c69dd7ff280dd]: Sch. 13 Pt. 4 para. 5 in force at 30.10.2019, see art. 1

[^key-6411381420ae94380f6d078e611eba94]: Sch. 13 Pt. 4 para. 6 in force at 30.10.2019, see art. 1

[^key-c917cd94c500eb2ef76a5948ac6ffc96]: Sch. 13 Pt. 4 para. 7 in force at 30.10.2019, see art. 1

[^key-6339c3ba64e0123ba10c4fa6df13b468]: Sch. 13 Pt. 4 para. 8 in force at 30.10.2019, see art. 1

[^key-70554bd3bde5aaeb1a850359ec68caa5]: Sch. 13 Pt. 4 para. 9 in force at 30.10.2019, see art. 1

[^key-2f0fc8fd27d74122ce41188cd2b76ce8]: Sch. 13 Pt. 4 para. 10 in force at 30.10.2019, see art. 1

[^key-f7a8803a1bfb69d2efc4c2bc6cd682bd]: Sch. 13 Pt. 4 para. 11 in force at 30.10.2019, see art. 1

[^key-1264215bb76aa3ab9dd9b12d0c3a20ed]: Sch. 13 Pt. 4 para. 12 in force at 30.10.2019, see art. 1

[^key-02e601da05680b6ad6d7a44d4ec1f8ac]: Sch. 13 Pt. 4 para. 13 in force at 30.10.2019, see art. 1

[^key-aedd78cdb4f2e3e476bc2c2ae0f4fe71]: Sch. 13 Pt. 4 para. 14 in force at 30.10.2019, see art. 1

[^key-4c21cf7e33cfc37ec225cb390271d905]: Sch. 13 Pt. 4 para. 15 in force at 30.10.2019, see art. 1

[^key-d4f134d4fc39defe989336783e411daa]: Sch. 13 Pt. 5 para. 1 in force at 30.10.2019, see art. 1

[^key-4fce4de3930b468ab4c058c8824e28d1]: Sch. 13 Pt. 5 para. 2 in force at 30.10.2019, see art. 1

[^key-ca5c58285ee6c160d00b9a7b40481a28]: Sch. 13 Pt. 5 para. 3 in force at 30.10.2019, see art. 1

[^key-d42c39d596119bd1297f11adaaa1051b]: Sch. 13 Pt. 5 para. 4 in force at 30.10.2019, see art. 1

[^key-a97a956c3860d1d680f795f009afe9d9]: Sch. 13 Pt. 5 para. 5 in force at 30.10.2019, see art. 1

[^key-95d969eca34689c44d49d7c8265967f2]: Sch. 13 Pt. 5 para. 6 in force at 30.10.2019, see art. 1

[^key-dac9b36e60c3d62913d6a05560e64a91]: Sch. 13 Pt. 5 para. 7 in force at 30.10.2019, see art. 1

[^key-3edea924016a4772bdeade2674ea2f70]: Sch. 13 Pt. 5 para. 8 in force at 30.10.2019, see art. 1

[^key-461f195d335c8f93f037672a3c3bc7c2]: Sch. 13 Pt. 5 para. 9 in force at 30.10.2019, see art. 1

[^key-8a1aead726bbf77c812b07ef395f6126]: Sch. 13 Pt. 6 para. 1 in force at 30.10.2019, see art. 1

[^key-44db088c4e575a3b44b65270cb3bb9c9]: Sch. 13 Pt. 6 para. 2 in force at 30.10.2019, see art. 1

[^key-7326d96fbe864a6beffc0f83213bf99b]: Sch. 13 Pt. 6 para. 3 in force at 30.10.2019, see art. 1

[^key-0721c2ca8401c17f60a2135fd5bb4639]: Sch. 13 Pt. 6 para. 4 in force at 30.10.2019, see art. 1

[^key-202b82dced2c0e7ac299827a44a16e70]: Sch. 13 Pt. 6 para. 5 in force at 30.10.2019, see art. 1

[^key-87354c53bfbce9146e21e9c120b5a34a]: Sch. 13 Pt. 6 para. 6 in force at 30.10.2019, see art. 1