SCHEDULES

SCHEDULE 15PROTECTIVE PROVISIONS

PART 5PROTECTION FOR FIRST CORPORATE SHIPPING LIMITED

Use of land and execution, maintenance and use of the authorised development

57.—(1) Neither National Grid nor WPD must exercise any powers of temporary possession—

(a)over or in respect of parcels 326 to 330 (inclusive) as set out in Section F of the Book of Reference and parcels 70 to 81, 86 and 171 to 177 (all references inclusive) as set out in Section G of the Book of Reference;

(b)other than in accordance with such conditions, terms and measures as may be agreed by BPC for the purpose of this sub-paragraph; and

(c)(without limitation on the scope of sub-paragraph (1)(b)) unless National Grid or WPD has first complied with the procedures and measures set out in this paragraph.

(2) National Grid must present to BPC not less than 6 months before the intended date of commencing construction the draft programme for the execution of each part of the authorised development on BPC’s land.

(3) National Grid must consult with BPC in relation to the draft programme and must present its final programme for the execution of the authorised development on BPC’s land to BPC not less than 3 months before the intended date of commencing construction.

(4) Neither National Grid nor WPD must enter on or take temporary possession of any part of BPC’s land unless it has served at least 8 weeks’ written notice on BPC of its intended entry onto that part.

(5) Neither National Grid nor WPD must serve notice of intended entry under article 29(2) (temporary use of land by National Grid) or 30(2) (temporary use of land by WPD) on any owner or occupier of any part of BPC’s land (other than BPC) before the expiry of 4 weeks from the date of service on BPC of notice under sub-paragraph (4) in relation to that same part.

(6) In this paragraph, “intended date of commencing construction” means the first date on which National Grid or WPD wishes to commence construction of any part of the authorised development on, under or over any part of BPC’s land.