The Felixstowe Dock and Railway Company (Land Acquisition) Order 2007

5.—(1) If the Company, in the exercise of the powers of this Order, acquires any interest in any land in which any apparatus is placed, that apparatus shall not be removed under this Part of this Schedule and any right of National Grid Gas to use, maintain, repair, inspect or renew that apparatus in that land shall not be extinguished until adequate alternative apparatus has been constructed and is in operation to the reasonable satisfaction of National Grid Gas.

(2) If the Company, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, requires the removal of any apparatus placed in that land, it shall give to National Grid Gas not less than 56 days written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed so as to provide adequate alternative apparatus in place of the apparatus to be removed, and in that case (or if in consequence of the exercise of any of the powers of this Order National Grid Gas reasonably requires to remove any apparatus) the Company shall, subject to sub-paragraph (3), afford to National Grid Gas the necessary facilities and rights for the construction of the alternative apparatus in other land of the Company and thereafter for the use, maintenance and renewal of that apparatus.

(3) If the alternative apparatus or any part of it is to be constructed elsewhere than in other land of the Company, or the Company is unable to afford such facilities and rights as aforesaid in the land in which the alternative apparatus or part of it is to be constructed, National Grid Gas shall, on receipt of a written notice to that effect from the Company, forthwith use its reasonable endeavours to obtain the necessary facilities and rights in that last-mentioned land, provided that the obligation shall not extend to the exercise by National Grid Gas of any power to acquire compulsorily any land or rights in land.

(4) Any alternative apparatus to be constructed in land of the Company under this Part of this Schedule shall be constructed in such manner and in such line or situation as may be agreed between National Grid Gas and the Company or in default of agreement settled by arbitration.

(5) National Grid Gas shall, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration as aforesaid and after the grant to National Grid Gas of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed with all reasonable dispatch to construct and bring into operation the alternative apparatus and thereafter to remove any apparatus required by the Company to be removed under the provisions of this Part of this Schedule.

(6) Notwithstanding anything in sub-paragraph (5), if the Company gives notice in writing to National Grid Gas that it desires itself to execute any part of so much of the work necessary in connection with the construction of the alternative apparatus, or the removal of the apparatus required to be removed, as will take place in any land of the Company, that work, instead of being carried out by National Grid Gas, shall be carried out by the Company in accordance with plans and specifications and in a position agreed between National Grid Gas and the Company or in default of agreement determined by arbitration, with all reasonable dispatch under the superintendence, if given, and to the reasonable satisfaction of National Grid Gas.

(7) Nothing in sub-paragraph (6) shall authorise the Company to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 600 millimetres (measured in any direction) of the apparatus.