The Piccadilly Line (Heathrow T5 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 Company and the participants or, as the case may be, the oil company concerned.

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

“the BP/Shell pipelines” means the whole or any part of the pipelines in which BP Oil UK Limited and Shell U.K. Limited (or either of them) have an interest at the date on which this Order comes into force;

“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 hydrant systems” means the whole or any part of the hydrant fuelling systems at Heathrow Airport, which systems are used or intended to be used for the conveyance of any liquid hydrocarbon fuel used for the fuelling of aircraft at that airport, together with any valve pits, drain points, hydrant draw-off points and other associated plant and equipment serving those systems and any pipelines and associated equipment constructed and linked to them with the consent of Heathrow Airport Limited;

“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 Company;

“oil company” means BP Oil UK Limited, Shell U.K. Limited, Esso Petroleum Company Limited, Chevron International Oil Company Limited, Mobil Oil Company Limited, Texaco Limited, Total Oil Great Britain Limited, Elf Oil (UK) Limited, West London Pipeline and Storage Limited, Kuwait Petroleum International Aviation Company (U.K.) Limited, Hydrant Servicing Company 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;

“the pipelines” means the whole or any part of any pipelines at Heathrow Airport (not being part of the hydrant systems)—

(a)

which are used or intended to be used for the conveyance of any liquid hydrocarbon fuel used for the fuelling of aircraft at that airport; and

(b)

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

(c)

the existence of which has been notified in writing to the Company;

together with any valve pits, drain points and other associated plant and equipment serving those pipelines and any other pipelines and associated equipment constructed and linked to them with the consent of Heathrow Airport Limited;

“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 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.