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SCHEDULES

SCHEDULE 7PROTECTIVE PROVISIONS

PART 8FOR THE PROTECTION OF WPD

87.—(1) In this part of this Schedule:-

“alternative apparatus” means alternative apparatus adequate to enable WPD to fulfil its statutory functions in a manner not less efficient than previously;

“apparatus” means any conduit overhead lines cables ducts pipes or other apparatus or equipment belonging to or maintained by WPD for the purposes of electricity transmission and its distribution and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;

“functions” includes powers and duties;

“in” in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land;

“plan” or “plans” includes all designs, drawings, specifications, method statements, programmes, calculations, risk assessments and other documents that are reasonably necessary to properly and sufficiently describe and assess the works to be executed;

“specified work” means so much of any of the authorised development that will or may be situated on any land either owned by WPD or in respect of which WPD has an easement or wayleave for its apparatus (save that this shall not include any easement or wayleave for its apparatus arising from the Licence to Retain Assets dated 30 March 1990 between the Central Electricity Generating Board (National Power Division) and the Midlands Electricity Board) or any other interest or to carry out any works within 3 metres of any apparatus;

“WPD” means Western Power Distribution (West Midlands) Plc (Company Registration Number 03600574) whose registered office is at Avonbank, Feeder Road, Bristol, BS2 0TB in its capacity as a licence holder within the meaning of Part 1 of the Electricity Act 1989;

(2) This Schedule does not apply to apparatus in respect of which the relations between the undertaker and WPD are regulated by the provisions of Part 3 of the 1991 Act.