PART 5
For the protection of National Grid Gas plc and National Grid Electricity Transmission plc
Application 1. For the protection of the statutory undertakers referred to in this part of this Schedule the
following provisions shall, unless otherwise agreed in writing between the undertaker and the statutory undertaker concerned, have effect.
Interpretation
2. In this Part of this Schedule— “1991 Act” means the New Roads and Street Works Act 1991;
“alternative apparatus” means appropriate alternative apparatus to the reasonable satisfaction of the statutory undertaker to enable the statutory undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;
“apparatus” means—
(a) in the case of an electricity undertaker, electric lines or electrical plant as defined in the Electricity Act 1989, belonging to or maintained by that undertaker;
(b) in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;
“commence” has the same meaning as article 2 of this Order; “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, across, along or upon such land;
“maintain” and “maintenance” shall include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of the statutory undertaker including construct, use, repair, alter, inspect, renew or remove the apparatus;
“plan” or “plans” include 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;
“statutory undertaker” means— (a) any licence holder within the meaning of Part 1 of the Electricity Act 1989; and (b) a gas transporter within the meaning of Part 1 of the Gas Act 1986;
(c) for the area of the authorised development, and in relation to any apparatus, means the statutory undertaker to whom it belongs or by whom it is maintained;
“undertaker” means the undertaker as defined in article 2 of this Order.
Apparatus of undertakers in stopped up streets 3. Notwithstanding the temporary stopping up or diversion of any highway under the powers of
article 10 (temporary stopping up of streets), a statutory undertaker shall be at liberty at all times to take all necessary access across any such stopped up highway and/or 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 subject always to the undertaking of works by the undertaker authorised by this Order.
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