SCHEDULE 9Protective provisions

PART 1Protection for electricity, gas, water and sewerage undertakers

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1

Where, in accordance with the provisions of this part of this Schedule, the undertakers affords to an affected undertakers facilities and rights for the construction and maintenance in land of the undertakers of alternative apparatus in substitution for apparatus to be removed, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the undertakers and the affected undertakers in question or in default of agreement settled by arbitration in accordance with article 33 (arbitration).

2

If the facilities and rights to be afforded by the undertakers in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the affected undertakers in question 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 arbitrator shall make such provision for the payment of compensation by the undertakers to that affected undertakers as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.