38.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for National Gas facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and National Gas and must be no less favourable on the whole to National Gas than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by National Gas.
(2) If the facilities and rights to be afforded by the undertaker and agreed with National Gas under [F1sub-paragraph] (1) above in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to National Gas than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject the matter will be referred to arbitration in accordance with paragraph 45 (arbitration) of this Part of this Schedule and the arbitrator may make such provision for the payment of compensation by the undertaker to National Gas as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.
Textual Amendments
F1Word in Sch. 12 para. 38(2) substituted (21.12.2024) by The Net Zero Teesside (Correction) Order 2024 (S.I. 2024/1384), art. 1, Sch. Table
Commencement Information
I1Sch. 12 para. 38 in force at 11.3.2024, see art. 1