Clause 9

An agreement under section 20A ceases to be binding on the person and E upon —

the determination of the agreement upon the expiration of a period specified in the agreement;

the termination of the agreement pursuant to a term contained in the agreement, or any written law or rule of law; or

despite anything in the agreement, the person ceasing, after the agreement is entered into, to own the key facility or key conduit to which E’s key conduit is connected, or to own or occupy the premises at which E’s key conduit, usage equipment, equipment, apparatus, appliance or facility is installed.(2) Upon the agreement ceasing to be binding on the person and E, a notice to remove any connection, or E’s key conduit, usage equipment, equipment, apparatus, appliance or facility, covered by the agreement, may be given to E by —

where subsection (1)(a) or (b) applies, the person; or

where subsection (1)(c) applies, the person who is the owner of the key facility or key conduit to which E’s key conduit is connected or the owner or occupier of the premises (as the case may be) following the change in the ownership or occupation.(3) The notice must give E at least the period prescribed by regulations made under section 103 to effect the removal.(4) E may, during the period given in the notice to remove, apply to the Authority —

where E is of the view that the period given to it (including where the period is the prescribed period mentioned in subsection (3)) is insufficient for it to effect the removal — for an extension of the period; or

for another direction under section 20A(1).(5) Where E has made an application under subsection (4), E need not comply with the notice to remove pending the Authority’s decision on the application.(6) Where the Authority refuses to grant the application under subsection (4), then, unless the person cancels the notice, E must comply with the notice to remove before the end of the latest of the following periods:

the period in the notice to remove;

for an application under subsection (4)(b), the period prescribed by regulations made under section 103 after the date of the Authority’s refusal to grant the direction requested;

the period specified (if any) in the notice of the Authority’s refusal.(7) Despite subsection (6), E need not comply with the notice to remove if E appeals under section 98 against a decision of the Authority mentioned in that subsection, for so long as the appeal is pending.(8) Where the decision on appeal confirms the decision of the Authority, E must comply with the notice to remove before the end of the later of the following periods:

for an application under subsection (4)(b), the period prescribed by regulations made under section 103 after the date of the decision on appeal;

the period specified (if any) in the decision on appeal.(9) Where, pursuant to section 20A, E has at any premises installed any key conduit, usage equipment, equipment, apparatus, appliance or facility, each of these —

continues to remain the property of E and is deemed not to be a fixture, and does not vest in the owner of the premises; and

is not to be subject to distress or be liable to be taken under or pursuant to an enforcement order of any court or any proceedings in bankruptcy against the person in whose possession it is.(10) In this section, “key conduit”, “key facility” and “usage equipment” have the meanings given by section 20A(9).”.