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(5) In relation to a work to which sub-paragraph (1) or (2) applies, the statutory undertaker may


require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus provided that such modifications are made within a period of 56 days beginning with the date on which the plan under sub- paragraph (1) is submitted to it. For the avoidance of doubt, provided that any further iterations of the plan submitted to the statutory undertaker for approval as a result of modifications required under this paragraph are not materially different to the modifications previously made by the statutory undertaker, any further required modifications will be made by the statutory undertaker as soon as reasonably practicable thereafter and in any event within 21 days of receipt of any further plans.


(6) Works executed under this Order shall be executed only in accordance with the plan,


submitted under sub-paragraph (1) or as relevant sub paragraph (2), as amended from time to time by agreement between the undertaker and the statutory undertaker and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (5) or (7) by the statutory undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the statutory undertaker shall be entitled to watch and inspect the execution of those works.


(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 development near over headlines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines”.


Expenses 9.—(1) Subject to the following provisions of this paragraph, the undertaker shall repay to a


statutory undertaker on demand all charges, costs and expenses reasonably and properly incurred by that statutory undertaker in, or in connection with, the inspection, removal, relaying or replacing, 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 this Schedule including without limitation—


(a) any costs reasonably incurred or compensation properly paid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation in the event that the statutory undertaker elects to use powers of


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