(7) Where statutory undertakers require any protective works to be carried out either themselves
or by the undertaker (whether of a temporary or permanent nature) such protective works shall be carried out to the statutory undertakers’ satisfaction prior to the carrying out of any works authorised by the Order (or any relevant part thereof) and the statutory undertakers shall give 56 days’ notice of such works from the date of submission of a plan in line with sub-paragraph (1) or (2) (except in an emergency).
(8) If a statutory undertaker in accordance with sub-paragraph (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, paragraphs 1 to 3 and 6 to 8 shall apply as if the removal of the apparatus had been required by the undertaker under paragraph 5(2).
(9) Nothing in this paragraph shall preclude 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 any works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph shall apply to and in respect of the new plan.
(10) The undertaker shall 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 shall give to the statutory undertaker in question notice as soon as is reasonably practicable and a plan of those works and shall—
(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 comply with National
Grid’s 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/SSW27” and HSE’s “HS(~G)47 Avoiding Danger from underground services”.
Retained apparatus: protection: electricity undertakers 8.—(1) Not less than 56 days before commencing the execution of any works authorised by 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 5(2) or otherwise, the undertaker shall submit to the statutory undertaker in question a plan.
(2) In relation to works which will or may be situated on, over, under or within 8.1 metres
measured in any direction of any apparatus, or involve embankment works within 8.1 metres of any apparatus, the plan to be submitted to the statutory undertaker under sub-paragraph (1) shall be detailed including a material statement and describing—
(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;
(d) the position of all apparatus; and
(e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus.
(3) The undertaker shall not commence the construction or renewal of any works to which sub-
paragraph (1) or (2) applies until the statutory undertaker has given written approval of the plan so submitted.
(4) Any approval of the statutory undertaker required under sub-paragraph (3)—
(a) may be given subject to reasonable conditions for any purpose mentioned in sub- paragraph (5) or (7);
(b) shall not be unreasonably withheld.
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