47.—(1) The undertaker is permitted to carry out emergency works provided that it first notifies DCC of the proposed emergency works. For the avoidance of doubt, in the event that DCC suffers any loss, cost or damage as a result of the emergency action taken by the undertaker without prior notification in accordance with this sub-paragraph the indemnity in paragraph 48 is to apply.
(2) DCC must at all times be permitted to carry out any emergency works in relation to its DCC apparatus within the Order limits in accordance with Part II, Schedule 6 WIA 1991 (Other rights of entry and related powers).
(3) Emergency works required in order for DCC to fulfil its statutory functions under sub-paragraph (2) are to take precedence over works to be carried out by the undertaker and, in such circumstances, the undertaker must reschedule its works accordingly.
(4) In respect of the reference to ‘work’ and ‘works’ in this paragraph 47, to the extent that is ‘work’ or ‘works’ to be undertaken by DCC, the definition of works in paragraph 41 of this Part does not apply.
Commencement Information
I1Sch. 11 para. 47 in force at 10.10.2019, see art. 1
The protective provisions within this Schedule are draft protective provisions and are being discussed with the relevant statutory undertaker.