1. In this Part of this Schedule—
“apparatus” means electric lines or electrical plant (as defined in the Electricity Act 1989(1)), belonging to or maintained by UKPN;
“authorised work” means the construction of any work authorised by this Order;
“the engineer” means an engineer appointed by UKPN for the purposes in question;
“specified work” means so much of any authorised work as relates to the carrying out of any operation to any apparatus; and
“UKPN” means UK Power Networks Limited, company number 07353731, registered at 14-18 City Road, Cardiff, CF24 3DL.
2.—(1) The undertaker must, before commencing construction of any specified work, supply to UKPN proper and sufficient plans of that work and such further particulars available to it as UKPN may within 14 days of the submission of the plans reasonably require for the approval of the engineer and must not commence such construction of a specified work until plans of that work have been approved in writing by the engineer or settled by arbitration.
(2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld or delayed, and if within 28 days after such plans (including any other particulars reasonably required under sub-paragraph (1)) have been supplied to UKPN the engineer has not intimated disapproval of those plans and the grounds of disapproval the engineer is deemed to have approved the plans as submitted.
(3) When signifying approval of the plans the engineer may specify—
(a)any protective work (whether temporary or permanent) which in the reasonable opinion of the engineer should be carried out before the commencement of a specified work to prevent detriment; and
(b)such other requirements as may be reasonably necessary to prevent detriment,
and such protective works must be constructed by the undertaker (or by UKPN at the undertaker’s request) without unnecessary delay and the undertaker must not commence the construction of a specified work until the engineer has notified the undertaker that the protective works have been completed to the engineer’s reasonable satisfaction.
(4) In the event that the undertaker fails to complete the construction of, or part of, the specified works UKPN may, if it is reasonably required in order to avoid detriment, construct any of the specified works, or part of such works, (together with any adjoining works) in order to complete the construction of, or part of, the specified works or make such works and the undertaker must reimburse UKPN all costs, fees, charges and expenses it has reasonably incurred in carrying out such works.
3. Any specified or protective works must, when commenced, be constructed—
(a)without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled in accordance with this Part of this Schedule and with any requirements made under paragraph 2(3);
(b)under the supervision (if given) and to the reasonable satisfaction of the engineer; and
(c)in such manner as to cause as little detriment as is reasonably practicable.
1989 c. 29. The definition of “electrical plant” (in section 64) was amended by paragraphs 24 and 38(1) and (3) of Schedule 6 to the Utilities Act 2000 (c. 27).