SCHEDULES
SCHEDULE 4OTHER POWERS, ETC., OF LICENCE HOLDERS
Temporary continuation of wayleaves
12
1
This paragraph applies where at any time such a wayleave as is mentioned in paragraph 10 (whether granted under that paragraph or by agreement between the parties)—
a
is determined by the expiration of a period specified in the wayleave;
b
is terminated by the owner or occupier of the land in accordance with a term contained in the wayleave; or
c
by reason of a change in the ownership or occupation of the land after the granting of the wayleave, ceases to be binding on the owner or occupier of the land.
2
The owner or occupier of the land may—
a
in a case falling within sub-paragraph (1)(a), at any time after or within 3 months before the end of the period specified in the wayleave;
b
in a case falling within sub-paragraph (1)(b), at any time after the wayleave has been terminated by him; or
c
in a case falling within sub-paragraph (1)(c), at any time after becoming the owner or occupier of the land by virtue of such a change in the ownership or occupation of the land as is mentioned in that sub-paragraph,
give to the licence holder a notice requiring him to remove the electric line from the land; but the licence holder shall not be obliged to comply with such a notice except in the circumstances and to the extent provided by the following provisions of this paragraph.
3
Where within the period of 3 months from the date of the notice under sub-paragraph (2) the licence holder makes neither—
a
an application for the grant of the necessary wayleave under paragraph 10; nor
b
an application for a vesting order under paragraph 1 of Schedule 3 in respect of the land,
the licence holder shall comply with the notice at the end of that period.
4
Where—
a
within the period mentioned in sub-paragraph (3) the licence holder makes an application for the grant of the necessary wayleave under paragraph 10; and
b
that application is refused by the Department,
the licence holder shall comply with the notice under sub-paragraph (2) at the end of the period of one month from the date of the Department's decision or such longer period as the Department may specify.
5
Where—
a
within the period mentioned in sub-paragraph (3) the licence holder makes an application for a vesting order under paragraph 1 of Schedule 3 in respect of the land; and
b
that order is not made by the Department,
the licence holder shall comply with the notice under sub-paragraph (2) at the end of the period of one month from the date of the Department's decision or such longer period as the Department may specify.