v2.0
Competition in Connections – IDNO Consents Policy
OwnerName / Barry Hatton
Title / Director of Asset Management
Signature
Date / 12 December 2017
Authoriser
Name / Chris Lawrence
Title / Head of Property & Consents
Signature
Date / 11 December 2017
This document forms part of the UK Power Networks Integrated Management System and compliance with its requirements is mandatory. Departure from these requirements may only be taken with the written approval of the above authoriser.
Revision RecordVersion number / v2.0 / What has changed?
Review and update of process. Change of owner.
Updated Referenced Document CON 08 113a
Cancellation of former Referenced Document CON 08 113b
Addition of Template Legal Documentation in new Referenced Documents CON 08 113b, CON 08 113c, CON 08 113d and CON 08 113e
Why has it changed?
To provide for IDNO to have direct contact with UKPN Property & Consents Dept and to ensure consistency with other UKPN policies
Date published / 19/12/2017
Next review date / 31/10/2019
Prepared by / Noel Jemma
Version number / v1.0 / What has changed?
First issue with forms CON 08 113a and CON 08 113b.
This Policy and adjoining forms come in to force on 30th October 2015.
Why has it changed?
n/a
Date published / 19/10/2015
Next review date / 16/10/2016
Prepared by / Noel Jemma
Version number / What has changed?
Why has it changed?
Date published
Next review date
Prepared by
Who needs to know?
☐ All UK Power Networks Staff
☒ Asset Management
☐ Capital Programme
☒ Connections
☐ Contractors
☐ Customer Services
☐ Finance
☐ Legal
☒ G81 External website
☐ HR & Communications
☐ SHE&TT
☐ In Business HSS
☐ Safety Reps
☒ ICPs (Independent Connection Providers)
☒ IDNOs (Independent Distribution
Network Operators)
☐ Information Systems
☐ Meter Operators / ☐ Network Operations
☐ EPN
☐ LPN
☐ SPN
☐ Distribution Capital Delivery
☐ Logistics
☐ Network Control
☐ Network Operations Connections
☐ Transport Services
☒ Strategy and Regulation
☐ UK Power Networks Services
☐ Airports
☐ Rail
☐ Strategic projects
☐ HS1, DLR & Commercial buildings
☐ MUJV / Allenby
☐ Business Development
☐ Others (specify)
Contents
1.0 Introduction and Purpose 3
2.0 Scope 3
3.0 Objective 3
4.0 References 3
5.0 Definitions 3
6.0 Responsibilities 4
7.0 Records 4
8.0 Process Detail 4
Appendix 1: IDNO Protocol Process Flowchart 6
1.0 Introduction and Purpose
The purpose of this document is to describe the procedure for Independent Distribution Network Operators (IDNO’s) to obtain landowner consents for connection activity in the UK Power Networks areas.
2.0 Scope
The requirements of this procedure set out the steps and negotiations that an IDNO must undertake to facilitate the successful acquisition of landowner consents for IDNO projects, and are mandatory in all areas of UK Power Networks.
3.0 Objective
To ensure that there is a consistent approach in the procedure for obtaining consents on all IDNO projects.
4.0 References
CON 08 113a / IDNO Legal Information FormCON 08 113b / Template IDNO Transfer
CON 08 113c / Template IDNO Lease
CON 08 113d / Template IDNO Lease of Internal Chamber
CON 08 113e / Template IDNO Lease of Internal Chamber with Additional Grantor
5.0 Definitions
Easement / A permanent right over the landowner’s propertyFramework Agreement / Agreement dated 12th August 2013, as varied from time to time, setting out the relationship between UKPN, the IDNO’s and the Panel Solicitors, and the responsibilities and obligations of each in relation to legal transactions
IDNO / Independent Distribution Network Operator
Lease / The grant of a legal estate in a substation site for a term of years
Panel Solicitor / A Law Firm that is a party to the IDNO Framework Agreement
P&C Dept / UK Power Networks Property and Consents Team
Transfer / The freehold acquisition of a legal estate in a substation site
UKPN / UK Power Networks
6.0 Responsibilities
It is the responsibility of the IDNO to negotiate and agree Heads of Terms with the appropriate land-owner, for the acquisition of the substation site and easements in respect of access and cable rights for the benefit of the IDNO and UKPN.
The Panel Solicitor is responsible for completing the required documentation with the landowner, and issuing a copy of the completed documentation to the IDNO and UKPN.
The IDNO should follow the ICP Consents Policy (CON 08 111) for all access and cable rights that are to be granted to UKPN in respect of third party land.
7.0 Records
Prior to the completion of any works, the completed documentation is to be stored within the P&C Dept’s records.
8.0 Process Detail
IDNO Protocol Process:
These notes are to be read in conjunction with the process map included in Appendix 1.
1. Agree Heads of Terms and Prepare Legal Plan
The IDNO should agree Heads of Terms with the owner(s) of the subject land, and prepare the Legal Plan.
2. Submit Legal Instruction Form to UKPN
The IDNO should complete an IDNO Legal Instruction Form (see CON 08 113a), containing details of the agreed Heads of Terms and details of the landowner and his solicitor, and submit it, together with a copy of the proposed Legal Plan, to the P&C Dept via the email mailbox
If approved, the P&C Dept will insert the UKPN contact details into the IDNO Legal Instruction Form and return it to the IDNO Designer
If the documentation is rejected by UKPN, it will be returned to the IDNO Designer with an explanation, for resolution and resubmission.
3. Instruct Panel Solicitor
Following the approval and return of the documentation referred to in paragraph 2 above, the IDNO will instruct any one of the Panel Solicitors who are a party to the Framework Agreement, to progress the appropriate legal documentation on behalf of the IDNO and UKPN.
The Panel Solicitor will acknowledge receipt of instructions to both the IDNO and UKPN, using the contact details provided in the IDNO Legal Instruction Form.
The Panel Solicitor will liaise with the landowner’s solicitor, with a view to agreeing the draft template documentation.
4. Approval of Draft Documentation
If the draft documentation is agreed by the landowner’s solicitor in its standard form, the Panel Solicitor will produce engrossments and proceed to completion of the Deed. Upon completion, the Panel Solicitor will contact the IDNO and the P&C Dept, and will supply a copy of the completed Deed to both parties.
If the landowner’s solicitor requests substantive amendments to the template documentation, those amendments should be referred to either the P&C Dept and/or the IDNO, depending on whose interests are affected by the proposed amendments, for instructions.
In the event that UKPN and/or the IDNO are able to agree the outstanding points, or suggest an acceptable counter-amendment, the Panel Solicitor will be instructed accordingly. If the document is now in an agreed form, the Panel Solicitor may proceed to completion as described above.
On the other hand, if UKPN and/or the IDNO cannot accept the proposed amendments to the draft documentation, the matter must be referred back to the IDNO to re-negotiate the Heads of Terms with the landowner or investigate alternative arrangements.
5. Drawings Check
Following completion of the legal documentation, and the delivery of the works on site, the UKPN Delivery Team will confirm that the position of any electrical plant and cables to be adopted by UKPN, as shown on the as-laid drawings, match the Legal Drawings in the completed documentation.
If the plans match, then the connection will be released for energisation.
If the plans do not match, then a Deed of Variation will be required to ensure that the legal rights accord with the as-laid position of the electrical apparatus. The connection will be released for energisation upon completion of the Deed of Variation.
This printed document is valid at 19/12/2017, check after this date for validity.
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v2.0
Appendix 1: IDNO Protocol Process Flowchart
This printed document is valid at 19/12/2017, check after this date for validity.
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v2.0
IDNO Non-Protocol Process:
The Non-Protocol Process is similar to the Protocol Process above, utilising the same template documentation, but the IDNO and UKPN use separate solicitors
1. Agree Heads of Terms and Prepare Legal Plan
The IDNO should agree Heads of Terms with the owner(s) of the subject land, and prepare the Legal Plan.
2. Submit Legal Instruction Form to UKPN
The IDNO should complete an IDNO Legal Instruction Form (see CON 08 113a), containing details of the agreed Heads of Terms and details of the landowner and his solicitor, and submit it, together with a copy of the proposed Legal Plan, to the P&C Dept via the email mailbox
If approved, the P&C Dept will insert the UKPN contact details into the IDNO Legal Instruction Form and return it to the IDNO Designer
If the documentation is rejected by UKPN, it will be returned to the IDNO Designer with an explanation, for resolution and resubmission.
3. Instruct UKPN Solicitor
If the documentation referred to in paragraph 2 above is approved, P&C will issue instructions to UKPN’s solicitor to progress the appropriate legal documentation on UKPN’s behalf.
P&C will advise the IDNO when instructions have been issued.
UKPN’s Solicitor will liaise with the solicitors representing the IDNO and the landowner, with a view to agreeing the draft documentation.
4. Approval of Draft Documentation
If the draft documentation is agreed by the landowner’s and UKPN’s solicitor, in its standard form, the IDNO’s Solicitor will produce engrossments and proceed to completion of the Deed.
If the landowner’s solicitor requests substantive amendments to the template documentation, those amendments should be referred to either the P&C Dept and/or the IDNO, depending on whose interests are affected by the proposed amendments, for instructions.
In the event that UKPN and/or the IDNO are able to agree the outstanding points, or suggest an acceptable counter-amendment, the respective Solicitors will be instructed accordingly. If the document is now in an agreed form, the IDNO Solicitor may proceed to completion as described above.
On the other hand, if UKPN and/or the IDNO cannot accept the proposed amendments to the draft documentation, the matter must be referred back to the IDNO to re-negotiate the Heads of Terms with the landowner or investigate alternative arrangements.
5. Drawings Check
Following completion of the legal documentation, and the delivery of the works on site, the UKPN Delivery Team will confirm that the position of any electrical plant and cables to be adopted by UKPN, as shown on the as-laid drawings, match the Legal Drawings in the completed documentation.
If the plans match, then the connection will be released for energisation.
If the plans do not match, then a Deed of Variation will be required to ensure that the legal rights accord with the as-laid position of the electrical apparatus. The connection will be released for energisation upon completion of the Deed of Variation.
This printed document is valid at 19/12/2017, check after this date for validity.
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