The Hornsea One Offshore Wind Farm Order 2014

PART 9 E+W+S For the protection of Phillips 66 limited

86.  In this Part of this Schedule— E+W+S

“P66” means Phillips 66 Limited (Company number 00524868); and

“the pipeline” means the crude oil pipeline owned and operated by P66 used at various times for the passage of multi-purpose hydrocarbon fuels and all ancillary apparatus including such works and apparatus properly appurtenant to the pipelines as are specified by section 65(2) of the Pipe-Lines Act 1962.

Commencement Information

I1 Sch. 12 para. 86 in force at 31.12.2014, see art. 1

87.  No less than 28 days before commencing any part of the authorised development or the operation of the authorised development which is near to and would or may have an effect on the operation and maintenance of the pipelines and access to them, the undertaker must submit to P66 plans and sections of the proposed works and such further particulars as P66 may, within 28 days from the day on which plans and sections are submitted under this paragraph, reasonably require. E+W+S

Commencement Information

I2 Sch. 12 para. 87 in force at 31.12.2014, see art. 1

88.  No works comprising any part of the authorised development or the operation of the authorised development which would have an effect in full or in part on the operation, maintenance, repair, replacement and abandonment of the pipelines and access to them are to be commenced until plans and sections in respect of those works submitted under paragraph 87 have been approved by P66. E+W+S

Commencement Information

I3 Sch. 12 para. 88 in force at 31.12.2014, see art. 1

89.  Any approval of P66 required under paragraph 88 must not be unreasonably withheld or delayed but may be given subject to such reasonable requirements as P66 may require to be made for— E+W+S

(a) the continuing safety and operational viability of the pipelines; and

(b) the requirement for P66 to have uninterrupted and unimpeded access to the pipelines at all times.

Commencement Information

I4 Sch. 12 para. 89 in force at 31.12.2014, see art. 1

90.—(1) Subject to sub-paragraphs (2) and (3) below, if, by reason or in consequence of the construction of any of the works referred to in paragraph 87, any damage is caused to any apparatus or property of P66, or there is any interruption in any service provided, or in the supply of any goods, by P66, the undertaker must— E+W+S

(a) bear and pay the cost reasonably incurred by P66 in making good such damage or restoring the supply; and

(b) make reasonable compensation to P66 for any other expenses, loss, damages, penalty or costs incurred by P66,

by reason or in consequence of any such damage or interruption.

(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of P66, its officers, servants, contractors or agents.

(3) P66 must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise may be made without the consent of the undertaker, which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Commencement Information

I5 Sch. 12 para. 90 in force at 31.12.2014, see art. 1