The Heathrow Express Railway Extension Order 2002

1.—(1) For the protection of certain fuel pipelines and facilities the following provisions shall apply and have effect, unless otherwise agreed in writing between the undertaker and the participants or, as the case may be, the oil company concerned.

(2) In this Schedule, unless the subject or context otherwise requires—

“the BP/Shell lease” means the lease of certain Depots and Pipelines dated 10 August 1984 and made between the British Airports Authority, of the one part, and BP Oil Limited and Shell U.K. Limited, of the other part;

“the BP/Shell pipelines” means the whole or any part of the Pipelines, as defined in the BP/Shell lease;

“Code of Practice” means the Code of Construction Practice as for the time being in force that is intended to regulate any environmental nuisance which may be caused in the course of carrying out the works;

“construction” includes execution, placing and altering and cognate expressions shall be construed accordingly;

“the Esso lease” means the lease of a Depot and certain Pipelines dated 10 August 1984 and made between the British Airports Authority of the one part and Esso Petroleum Company Limited of the other part;

“the Esso pipelines” means the whole or any part of the Pipelines, as defined in the Esso lease;

“the hydrant systems” means the whole or any part of the Pipelines, as defined in the hydrant systems lease;

“the hydrant systems lease” means the lease of the hydrant systems dated 10 August 1984 and made between the British Airports Authority, of the one part, and Esso Petroleum Company Limited, Mobil Oil Company Limited, Shell U.K. Limited, BP Oil Limited, Texaco Limited, Total Oil Great Britain Limited, Elf Oil (GB) Limited, Chevron International Oil Company Limited and Petrofina (UK) Limited, of the other part, as amended by deeds dated 28 August 1987 and 28 September 1990 and by subsequent agreement;

“the Nominee” means Heathrow Hydrant Operating Company Limited, which has been nominated by the participants to act on their behalf for the purposes of Part II of this Schedule, or such other person as is nominated for the purposes of that Part or any provisions thereof by a written notice signed by all the participants and served on the undertaker;

“oil company” means BP Oil UK Limited, Shell U.K. Limited, Esso Petroleum Company Limited, Kuwait Petroleum International Aviation Company (U.K.) Limited or Heathrow Airport Fuel Company Limited;

“the participants” means the persons who have for the time being any right or interest in the hydrant systems or who (being a company concerned in the supply of fuel at the airport or in the provision of airline services thereat) have any interest in a company which has for the time being the entire leasehold interest in the hydrant systems;

“plans” includes sections, drawings, calculations, methods of construction, particulars and specifications;

“the protected property” means any fuel depot, tank farm, offices, access roads, parking areas or other facilities (together with any pipelines, apparatus or equipment located therein)—

(a)

any part of which is situated within the limits of deviation of the works or within 50 metres thereof; and

(b)

in respect of which an oil company has an interest for the time being;

“protective works” has the meaning given by paragraph 6(1) below;

“specified matter” means any of the following—

(a)

the construction, maintenance, operation or use of the works;

(b)

the construction, maintenance, operation or use of any protective works or safeguarding works;

(c)

any preparatory action in connection with any activity mentioned in paragraph (a) or (b) above;

(d)

any subsidence resulting from, or failure or want of repair of any such works as are mentioned in paragraph (a) or (b) above; and

(e)

any act or omission of the undertaker or of any person in its employ or of its agents or contractors whilst engaged upon the construction, maintenance, operation or use of any such works as are mentioned in paragraph (a) or (b) above or any preparatory action mentioned in paragraph (c) above;

“the Surveyor” means the surveyor or engineer appointed for the purposes of Part IV of this Schedule;

“the works” means the whole or any part of the works authorised by this Order including the making of any trial hole under article 8 of this Order.

(3) In this Schedule references to the relevant oil company are references to any (or, as the case may be, each) oil company which has an interest in the protected property concerned for the time being.

(4) In this Schedule references to an oil company include references to its successors in title (being a company concerned in the supply of fuel at the airport) in respect of any pipelines or protected property; and references to an oil company having an interest in any property include references to an oil company having an interest in a company which itself has an interest in any property.