The North Blyth Biomass Power Station Order 2013

• (1) The authorised development may not be brought into first commercial use until the relevant planning authority has first approved in writing a scheme for on-site safety, including safe pedestrian and vehicular movements and appropriate signage, in accordance with the principles in paragraphs 4.3.127 and 4.3.129 of the environmental statement.

• (2) The approved plan must be adhered to by the undertaker subject to any variation of the scheme previously agreed in writing by the relevant planning authority.

Control of noise during operational phase

36

• (1) Specific noise generated following commissioning of the authorised development must not exceed the following levels when measured generally in accordance with BS 4142 1997 at 3.5 metres from the facades of any noise sensitive receptor—

• (a) between 23:00 hours and 07:00 hours: the greater of a level of 5 dB above background or 40 dB LAeq, 5 min; and

• (b) between 07:00 hours and 23:00 hours: the greater of a level of 5 dB above background or 40 dB LAeq, 1 hour.

• (2) Sub-paragraph (1) does not apply to any emergency event, or to any steam purging, commissioning or testing event previously notified to the relevant planning authority and Natural England; and any testing of steam valves, or other activities during maintenance causing intermittent noise levels above 55 dB(A) LA Max measured at Cambois coal staithes (national grid reference point NZ 30679 82815) and on Cambois Beach (national grid reference point NZ 31204 82857) shall be restricted to the months of April to July (inclusive) in any calendar year unless otherwise agreed with the relevant planning authority and Natural England.

• (3) The authorised development must not be brought into first commercial use until a plan for controlling intermittent noise levels has been submitted to and approved by the relevant planning authority. The submitted plan must deal with—

• (a) design measures including enclosures, atmospheric vent silencers and acoustic lagging of external steam pipes and valves;

• (b) processes for controlling the noise emitted during steam valve testing;

• (c) the identification of other testing processes likely to give rise to high intermittent noise levels and procedures for the control of emitted noise; and

• (d) methods for informing the relevant planning authority in advance of testing events likely to give rise to high intermittent noise levels and for publicising for local residents the intended testing.

The authorised development must thereafter be operated in accordance with the approved plan.

• (4) In this Requirement—

• “background” means the noise levels recorded in the background noise survey results contained in appendix 8.1 of the environmental statement;

• “noise sensitive receptor” means those locations specified in the environmental statement chapter 8 or otherwise previously agreed with the relevant planning authority; and

• “relevant activities” means any activities carried out in an area in respect of which the local authority has not exercised its powers under Part III of the Control of Pollution Act 1974.

External storage

37

• (1) Unless in the situation of an emergency no biomass fuel feed stocks or post combustion residue may be stored outside of any buildings forming part of Work No. 1 (save during transhipment), but instead must be stored under cover at all times during the operation of the authorised development.

• (2) In any situation where such storage cannot be adhered to because of an emergency the undertaker must provide the relevant planning authority with a written statement as soon as reasonably practicable after such emergency storage detailing the nature of the emergency and why this Requirement could not be observed.

Deliveries of fuel stock by road

38

• (1) A written record of the numbers of movements of heavy commercial vehicles must be maintained on site by the undertaker from first commercial use and copies of the records maintained in the preceding three month period must be submitted to the relevant planning authority every three months following first commercial operation or within five working days of the relevant planning authority’s written request.

• (2) Excluding any period in which flooding has prevented the delivery of fuel stocks by vessel, if more than 276 movements of heavy commercial vehicles employed for the purposes of delivering fuel stock (including the departures of empty vehicles) to or from the authorised development occur, or are anticipated to occur, in any day (from 0:00 to 23:59) calculated by reference to mean average movements over a period of five continuous working days, then the undertaker must submit for approval to the relevant planning authority (in consultation with the local highway authority and the Highways Agency) a traffic mitigation plan within 28 days of either first occurrence or the date from which the occurrence is first anticipated.

• (3) Once approved the traffic mitigation plan must be observed until the relevant planning authority (in consultation with the local highway authority and the Highways Agency) has confirmed in writing that the traffic mitigation plan need no longer apply; and the duration of the period during which the level of movements of heavy commercial vehicles referred to in sub-paragraph (2) to which the traffic mitigation plan applies must not exceed a period of three months unless otherwise previously agreed by the relevant planning authority (in consultation with the local highway authority and the Highways Agency).

Biomass fuel sustainability

39

• (1) Excepting fuels used for the purpose of boiler start up or combustion stabilisation, only biomass fuel feedstocks which comply with the applicable mandatory sustainability criteria may be burnt in the main boiler(s) of the authorised development.

• (2) The undertaker must submit to the relevant planning authority a report on the sustainability of all biomass fuel feedstocks burnt in the main boiler(s) within twelve calendar months of first commercial use (Fuel Sustainability Report). The Fuel Sustainability Report will provide the same information and level of assurance and verification which the undertaker is required (or would be required, if claiming financial assistance in respect of the electricity generated for such biomass fuel feed stocks) to provide in respect of the sustainability of biomass fuel feedstocks under the applicable mandatory sustainability criteria and will report if the authorised development has been claiming financial support on a month by month basis. Thereafter a further Fuel Sustainability Report must be submitted to the relevant planning authority at the end of each 12 month period from the date of the submission of the first submitted Fuel Sustainability Report throughout the operational life of the authorised development.

Decommissioning

40

• (1) There must be submitted to the relevant planning authority within twelve (12) months of the authorised development ceasing to be used for the purposes of electricity generation a site closure and restoration plan for the demolition and removal of the authorised development from the site for approval by the relevant planning authority, in consultation with the Environment Agency. The scheme must include the principles in paragraphs 4.6.9 to 4.6.13 of the environmental statement and also include—

• (a) details of all structures and buildings which are to be demolished;

• (b) consideration of the effects of leaving below-ground structures permanently in-situ in a dynamic coastal and marine environment together with details of consultations undertaken to consider the need to remove any or all of those structures;

• (c) details of the means of removal of the materials resulting from the demolition and measures for the control of dust and noise;

• (d) phasing of the demolition and removal works;

• (e) details of the restoration works to restore the Order land to a condition agreed with the relevant planning authority;

• (f) details of the restoration works and their phasing;

• (g) details of the temporary lighting scheme (if any) proposed to be used during decommissioning works;

• (h) details of any remediation works required to remove contaminants from the Order land together with details of how such contaminants will be safely disposed of; and

• (i) details of how those mitigation measures implemented for the protection of ornithology and ecology during construction would also be implemented during the decommissioning phase.

• (2) The demolition and removal of the authorised development (which must include all building structures, plant, equipment, areas of hard standing and access roads) and subsequent restoration of the site must thereafter be carried out fully in accordance with the approved scheme.

Workforce development strategy

41

• (1) No part of the authorised development may commence until a workforce development strategy has been submitted to and approved by the relevant planning authority.

• (2) The strategy approved under sub-paragraph (1) must include details of—

• (a) proposals for local advertising of employment opportunities in the construction of the authorised development;

• (b) proposals for the undertaker to provide outreach employment presentations during the period of construction of the authorised development at appropriate frequencies and locations within the Blyth Estuary area;

• (c) proposals for provision of monthly employee training sessions during the construction period on correct, efficient and safe working practices and for the provision of employee training sessions at reasonable frequencies throughout the operation of the authorised development;

• (d) proposals for local advertising of employment opportunities throughout the operation of the authorised development, which must also include a proposal for local advertising of employment opportunities at least six months prior to the commissioning of the authorised development;

• (e) proposals for offering a minimum of two apprenticeships, each for a period of up to three years, to personnel residing in the Blyth Estuary area and already employed, directly or indirectly, in the construction of the authorised development;

• (f) proposals for offering a minimum of three national vocational qualifications, or equivalent each for a period of up to three years, to personnel residing in the Blyth Estuary area and already employed, directly or indirectly, in the construction of the authorised development; and

• (g) proposals for the undertaker to provide information on the operation of the strategy, once implemented, to any community liaison group created by the undertaker for the purposes of keeping the local community informed of matters relating to the operation of the authorised development.

• (3) The approved workforce development strategy must be implemented and maintained during the construction and operation of the authorised development.

Requirement for written approval

42

Where under any of the Requirements the approval or agreement of the relevant planning authority or another person is required, that approval or agreement must be given in writing.

Amendments to approved details

43

With respect to any of the Requirements which require the authorised development to be carried out in accordance with the details approved by the relevant planning authority, the approved details must be taken to include any amendments that may subsequently be approved in writing by the relevant planning authority.

SCHEDULE 3 — Streets subject to street works

(1) Area	(2) Street subject to street works
Northumberland	C403 North Blyth Road from the roundabout south of Battleship Wharf at grid reference point NZ 31192 82447 to the Cambois roundabout at grid reference point NZ 30717 83397
Northumberland	The C415 unnamed highway from the Cambois roundabout at grid reference NZ 30717 83397 to the entrance to the former Blyth Generating Station site at grid reference NZ 30317 83371

SCHEDULE 4 — Deemed licence under the Marine and Coastal Access Act 2009

PART 1 — Licensed marine activities

Interpretation

1

• (1) In this Schedule—

• “the 2008 Act” means the Planning Act 2008[^f00028];

• “the authorised development” means the development and associated development described in Schedule 1 to the Order (authorised development) and any other development authorised by the Order, which is development within the meaning of section 32 of the 2008 Act;

• “code of construction practice” means a code of construction practice agreed by the relevant planning authority prior to commencement of the authorised development;

• “commence” means the first carrying out of any part of the licensed activities and commencement and commenced shall be defined accordingly;

• “Commission” means the Blyth Harbour Commission;

• “conditions” means conditions contained in this Schedule;

• “the Environment Agency” means the body established under the Environment Act 1995[^f00029] or any successor to its statutory functions;

• “the environmental statement” means the environmental statement submitted by the undertaker with the application and certified as the environmental statement by the Secretary of State for the purposes of the Order;

• “the Health and Safety Executive” means the body established under section 10 of the Health and Safety at Work etc. Act 1974[^f00030] or any successor to its statutory functions or other authority performing, carrying out or having the same regulatory functions as the HSE at the date of this licence;

• “the Hydrographic Office” means the Hydrographic Office of the Ministry of Defence, Taunton, Somerset TA1 2DN;

• “licensed activities” means the activities below MHWS forming part of the authorised development and specified in paragraph 2 of Part 1 of this Schedule;

• “MHWS” or “mean high water springs” means the average of high water heights occurring at the time of spring tides;

• “the Marine Management Organisation” or “MMO” means the body of that name created under the Marine and Coastal Access Act 2009 or any successor to its statutory functions;

• “notice to mariners” includes any notice to mariners which may be issued by the Admiralty, Trinity House, Queen’s harbourmasters, government departments and harbour and pilotage authorities;

• “the Order” means the North Blyth Biomass Power Station Order 2013;

• “relevant planning authority” means Northumberland County Council as planning authority for the area in which the land to which the provisions of the Order apply is situated and any successor to its statutory function as planning authority for the area in which the authorised development is located;

• “sea bed” means the ground under the sea;

• “Trinity House” means the Corporation of Trinity House of Deptford Strond or any successor to its statutory functions;

• “the undertaker” means subject to article 7(2) of the Order, North Blyth Energy Limited;

• “the works plan” means the works plan submitted with the application (APP7) and certified as the works plan by the Secretary of State for the purposes of the Order.

• (2) A reference to any statute, order, regulation or similar instrument shall be construed as a reference to the statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

• (3) Unless otherwise indicated—

• (a) all times shall be taken to be Greenwich Mean Time (“GMT”); and

• (b) all geographical co-ordinates contained within this Schedule shall be taken to be latitude and longitude degrees and minutes to three decimal places unless otherwise stated.

• (4) References in this Schedule to numbered “Works” are to the works with those numbers in Schedule 1 to the Order and shown on the works plan.

• (5) Except where otherwise notified in writing by the MMO, the primary point of contact with the MMO and the address for email and postal returns and correspondence shall be—

• (6) Any references to the local MMO Officer shall mean the relevant officer in the area(s) located at—

• (7) To the extent that the licensed activities amount to the construction, improvement or alteration of works, the conditions contained in Part 2 shall bind any other person who for the time being owns, occupies or enjoys the use of the licensed activities so constructed, altered or improved (whether or not this licence is transferred to that other person).

Details of licensed activities

2

• (1) The undertaker is authorised (and any agent, contractor or subcontractor acting on their behalf) to carry out the licensed activities, comprising the construction of works in or over the sea and/or on or under the sea bed specified in sub-paragraph (2) together with the deposit of any substances and objects in or over the sea and/or on or under the sea bed in carrying out such construction of works.

• (2) Such activities are authorised in relation to the construction and operation of an electricity generating station located on the eastern side of Battleship Wharf, Port of Blyth with a nominal gross electrical output capacity of 99.9 MWe fuelled by biomass, more fully described in Schedule 1 to the Order.

• (3) The construction of works in or over the sea and/or on or under the sea bed authorised are—

• (a) a cooling water intake system in the estuary of the River Blyth under Berth 4 of the Commission’s Battleship Wharf at 55°08′19.689″N 001°31′04.197″W as part of Work No. 1(u) described in Schedule 1 to the Order and consisting of a screened water intake, connecting to an underground pumping chamber and underground pipe running east from the estuary of the River Blyth together with associated temporary placement of netting in the intertidal area;

• (b) up to two cooling water outfall pipes running underground under the foreshore and sea bed at 55°08′16.855″N 001°30′51.124″W and under the rock outcrop known as the Rockers and including the construction of a diffuser and foundation on the sea bed at 55°08′37.307″N 001°29′56.825″W all as part of Work Nos. 1(v) and (w) described in Schedule 1 to the Order together with associated removal of silts and other sediments from the sea bed by diver using a mechanical vacuum to remove silt and sediment to a vessel, marine structure or floating container;

• (c) installation and maintenance of an aid to navigation at 55°08′37.307″N 001°29′56.825″W to indicate the location of the diffuser to vessels as part of the associated development described in Schedule 1 to the Order; and

• (d) works to strengthen the river wall in the estuary of the River Blyth at 55°08′06.712″N 001°30′46.786″W by the installation of a new bored pile wall on the landward side of the existing river wall together with related works as part of Work No. 2 described in Schedule 1 to the Order.

PART 2 — Conditions applying to licensed activities

General conditions

Notification of commencement and completion

1

• (1) The undertaker shall notify the MMO—

• (a) of its acceptance of the conditions contained in this Part 2 not less than 5 working days prior to commencement of the licensed activities or any part of them;

• (b) of its intention to commence the licensed activities not less than 5 working days prior to commencement of the licensed activities or any part of them; and

• (c) of completion of the authorised development within 10 working days of such completion having occurred.

• (2) Not less than 5 working days prior to commencement of the relevant licensed activities the undertaker shall notify the MMO of any agents, contractors or subcontractors proposed to carry out the licensed activities on behalf of the undertaker and those persons notified to the MMO shall provide written confirmation to the MMO confirming their understanding of the terms and requirements of this Schedule and any subsequent amendments or revisions to it issued from time to time.

• (3) Not less than 24 hours prior to commencement of the relevant licensed activities the undertaker shall notify the MMO of any vessel (including the vessel type, vessel IMO number and vessel owner or operating company) proposed to be used to carry out the licensed activities on behalf of the undertaker and the Masters of the vessels notified to the MMO shall provide written confirmation to the MMO that a copy of the Order is held upon the vessel and confirming their understanding of the terms and requirements of this Schedule and any subsequent amendments or revisions to it.

Project wide conditions

2

• (1) The licensed activities shall not commence until a marine pollution contingency plan, including details of how in the case of accidental spillage or other pollution event impacts on the marine environment will be minimised, has been submitted to and approved in writing by the MMO. Following approval, the undertaker shall implement the marine pollution contingency plan as approved. The undertaker shall report as soon as reasonably practicable any oil, fuel or chemical spill within the marine environment to the MMO, Marine Pollution Response Team—

• (2) The undertaker shall install bunding and/or storage facilities to contain and prevent the release of fuels, oils and chemicals associated with the plant, refuelling and construction equipment into the marine environment, and any secondary containment used shall have a capacity of not less than 110% of the containers storage capacity.

• (3) The undertaker shall ensure that a local notice to mariners is issued at least two weeks prior to the commencement of the licensed activities advising local mariners and fishermen’s organisations of the start date and any expected vessel routes to the offshore construction site and shall notify the MMO once issued.

• (4) The undertaker shall notify the Source Data Receipt Team, the Hydrographic Office, Taunton, Somerset, TA1 2DN (email: hdcfiles@ukho.gov.uk; tel: 01823 337900) at least two weeks prior to the commencement of works and of the progress and completion of the authorised development for the promulgation of maritime safety information and for all necessary amendments to nautical charts and publications to be made.

• (5) No chemicals shall be used in the construction of the licensed activities other than those included in the list of notified chemicals assessed for use by the offshore oil and gas industry under the Offshore Chemicals Regulations 2002[^f00031] or as may otherwise previously have been certified in writing by the MMO as having been assessed to an equivalent level of toxicological hazard and risk assessment.

• (6) All protective coatings/treatments used in the construction of the licensed activities shall be suitable for use in the marine environment and, where necessary, approved by the Health and Safety Executive or in accordance with the Environment Agency Pollution Prevention Control Guidelines. The use of such coatings/treatments shall accord with best environmental practice.

• (7) Not less than two months prior to commencement of the relevant licensed activity the undertaker shall submit for approval by the MMO a construction method statement for the relevant activity and the scope of such method statement shall be agreed with the MMO prior to submission and shall fully reflect the construction methods assessed in the environmental statement. The relevant licensed activity shall not commence until the method statement for the relevant activity has been approved in writing by the MMO and following approval, the undertaker shall carry out the relevant licensed activity in accordance with the approved method statement. The method statement shall include provision that the construction of a diffuser and foundation on the sea bed comprising part of the licensed activities described in paragraph 2(2)(b) of Part 1 of this Schedule shall not be carried out during the period 1 April to 30 September in any calendar year.

• (8) The undertaker shall ensure that any equipment, temporary structures, waste and/or debris associated with the construction of any licensed activities are removed within six weeks of completion of construction of the licensed activities.

• (9) No waste concrete slurry or wash water from concrete or cement works shall be discharged into the marine environment and any concrete and cement mixing and washing areas shall be contained and sited at least 10 metres away from any watercourse or surface water drain.

• (10) The licensed activities shall not commence until a marine construction and environmental management plan (“MCEMP”) relating to construction of the licensed activities referred to at paragraph 2 of Part 1 of this Schedule, and drafted in accordance with the principles set out in Chapter 4 of the environmental statement and the code of construction practice has been submitted to and approved in writing by the MMO. The MCEMP shall include a written ecological management plan reflecting the ecological mitigation and enhancement measures included in the environmental statement; details regarding construction noise and vibration management; safety measures and details regarding water management (surface water and ground water). The undertaker shall undertake all remediation, construction and commissioning works and all operation and maintenance works of the licensed activities in accordance with the approved MCEMP. During construction of the licensed activities the undertaker shall submit environmental monitoring reports to the MMO in accordance with the approved MCEMP.

• (11) No part of the licensed activities shall commence until the undertaker has submitted to the MMO, and the MMO has approved, written details of any external lighting to be installed at any location of the licensed activities, including measures to prevent light spillage. The approved external lighting shall be installed and maintained for the duration of the licensed activities construction period.

Activity specific conditions

3

• (1) No part of the licensed activities shall commence until (following consultation with the Environment Agency) full details of a scheme for minimising the impact of the water intake system within the River Blyth Estuary on the aquatic environment have been submitted to and approved in writing by the MMO. The submitted scheme shall include—

• (a) details of how the water intake system will be protected by a wedge-wire screen with a maximum of 3 millimetres spacing or equivalent system;

• (b) details of how the water intake system will minimise the approach velocity of water to the wedge-wired screen or other equivalent system;

• (c) details of the concentration of biocides in the water intake system or other equivalent system and how they will be monitored and controlled;

• (d) proposals for implementing the scheme in advance of the commencement of commercial operations; and

• (e) proposals for monitoring and reporting on the effectiveness of the scheme and, in the event that the scheme does not perform as predicted, a process for any necessary remedial action being approved by the MMO and thereafter implemented within a stated timescale following such approval.

The undertaker shall implement the scheme as approved.

• (2) Netting to prevent construction materials/demolition arisings falling into the intertidal mudflats shall be erected prior to and maintained during breaking through of the quay wall into the Blyth Estuary.

• (3) The cooling water outfall pipe described as Work No. 1(v) in Schedule 1 to the Order shall only be operated in conjunction with the diffuser described as Work No. 1(w) in Schedule 1 to the Order.

• (4) During construction of the cooling water outfall diffuser and foundation spud legs shall be lowered only within the hour before or after the turn of low tide.

• (5) The undertaker shall use only marine specification concrete and underwater concreting techniques in the construction of the cooling water outfall diffuser and foundation.

• (6) The undertaker shall—

• (a) mark and light the licensed activities (including any temporary construction works comprised in the licensed activities) as required by Trinity House, as the MMO directs;

• (b) mark the diffuser with an aid to navigation comprising of a yellow pile with a yellow ‘X’ shaped topmark and a Fl (2) Y 10s light or as otherwise required by Trinity House, as the MMO directs;

• (c) at all times maintain any aids to navigation to the reasonable satisfaction of Trinity House.

• (7) No works for or associated with the construction of the cooling water intake system or with the strengthening of the river wall shall be carried out save in accordance with a silt mitigation scheme which has previously been approved in writing by the MMO. The said scheme shall provide for silt curtains or other effective mechanisms designed to protect the River Blyth Estuary from silt during construction of the said works and for a period of not less than seven days after each of the said works is completed.

SCHEDULE 5 — Protective provisions

For the protection of Network Rail

1

The following provisions of this Schedule shall have effect, unless otherwise agreed in writing between the undertaker and Network Rail and, in the case of paragraph 15, any other person on whom rights or obligations are conferred by that paragraph.

2

In this Schedule—

• “construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;

• “the engineer” means an engineer appointed by Network Rail for the purposes of this Order;

• “network licence” means the network licence, as the same is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of his powers under section 8 of the Railways Act 1993[^f00032];

• “Network Rail” means Network Rail Infrastructure Limited and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 of the Companies Act 2006[^f00033]) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;

• “plans” includes sections, designs, design data, software, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;

• “railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease;

• “railway property” means any railway belonging to Network Rail Infrastructure Limited and— any station, land, works, apparatus and equipment belonging to Network Rail Infrastructure Limited or connected with any such railway; and any easement or other property interest held or used by Network Rail Infrastructure Limited for the purposes of such railway or works, apparatus or equipment; and

• “specified work” means so much of any of the authorised development as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property.

3

• (1) Where, under this Schedule, Network Rail is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute.

• (2) In so far as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures, Network Rail shall—

• (a) co-operate with the undertaker with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from those procedures; and

• (b) use its reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised development pursuant to this Order.

4

• (1) The undertaker shall not exercise the powers conferred by article 12 of this Order (authority to survey and investigate the land) or the powers conferred by section 11(3) of the 1965 Act in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

• (2) The undertaker shall not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.

• (3) The undertaker shall not exercise the powers conferred by section 271 or 272 of the 1990 Act, in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

• (4) The undertaker shall not under the powers of this Order acquire or use or acquire new rights over, or seek to impose any restrictions on the use of, any railway property except with the consent of Network Rail.

• (5) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent shall not be unreasonably withheld but may be given subject to reasonable conditions.

5

• (1) The undertaker shall before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work shall not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration under article 29 of this Order.

• (2) The approval of the engineer under sub-paragraph (1) shall not be unreasonably withheld, and if by the end of the period of 28 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not intimated his disapproval of those plans and the grounds of his disapproval the undertaker may serve upon the engineer written notice requiring the engineer to intimate his approval or disapproval within a further period of 28 days beginning with the date upon which the engineer receives written notice from the undertaker. If by the expiry of the further 28 days the engineer has not intimated his approval or disapproval, he shall be deemed to have approved the plans as submitted.

• (3) If by the end of the period of 28 days beginning with the date on which written notice was served upon the engineer under sub-paragraph (2), Network Rail gives notice to the undertaker that Network Rail desires itself to construct any part of a specified work which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker desires such part of the specified work to be constructed, Network Rail shall construct it with all reasonable dispatch on behalf of and to the reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be approved or settled under this paragraph, and under the supervision (where appropriate and if given) of the undertaker.

• (4) When signifying his approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in his opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using the same (including any relocation de-commissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes shall be constructed by Network Rail or by the undertaker, if Network Rail so desires, and such protective works shall be carried out at the expense of the undertaker in either case with all reasonable dispatch and the undertaker shall not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to his reasonable satisfaction.

6

• (1) Any specified work and any protective works to be constructed by virtue of paragraph 5(4) shall, when commenced, be constructed—

• (a) with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled under paragraph 5;

• (b) under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;

• (c) in such manner as to cause as little damage as is possible to railway property; and

• (d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic thereon and the use by passengers of railway property.

• (2) If any damage to railway property or any such interference or obstruction shall be caused by the carrying out of, or in consequence of the construction of a specified work, the undertaker shall, notwithstanding any such approval, make good such damage and shall pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

• (3) Nothing in this Schedule shall impose any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents or any liability on Network Rail with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.

7

The undertaker shall—

• (a) at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and

• (b) supply the engineer with all such information as he may reasonably require with regard to a specified work or the method of constructing it.

8

Network Rail shall at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by Network Rail under this Schedule during their construction and shall supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them.

9

• (1) If any permanent or temporary alterations or additions to railway property, or to any protective works under paragraph 5(4) are reasonably necessary in consequence of the construction of a specified work, or during a period of 24 months after the completion of that work in order to ensure the safety of railway property or the continued safe operation of the railway of Network Rail, such alterations and additions may be carried out by Network Rail and if Network Rail gives to the undertaker reasonable notice of its intention to carry out such alterations or additions (which shall be specified in the notice), the undertaker shall pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any such alterations or additions.

• (2) If during the construction of a specified work by the undertaker, Network Rail gives notice to the undertaker that Network Rail desires itself to construct that part of the specified work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker decides that part of the specified work is to be constructed, Network Rail shall assume construction of that part of the specified work and the undertaker shall, notwithstanding any such approval of a specified work under paragraph 5(3), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work.

• (3) The engineer shall, in respect of the capitalised sums referred to in this paragraph and paragraph 10(a) provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require.

• (4) If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions a capitalised sum representing such saving shall be set off against any sum payable by the undertaker to Network Rail under this paragraph.

10

The undertaker shall repay to Network Rail all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail—

• (a) in constructing any part of a specified work on behalf of the undertaker as provided by paragraph 5(3) or in constructing any protective works under the provisions of paragraph 5(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

• (b) in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by him of the construction of a specified work;

• (c) in respect of the employment or procurement of the services of any inspectors, signalmen, watchmen and other persons whom it shall be reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work;

• (d) in respect of any special traffic working resulting from any speed restrictions which may in the opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or from the substitution of diversion of services which may be reasonably necessary for the same reason; and

• (e) in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work.

11

• (1) In this paragraph—

• “EMI” means, subject to sub-paragraph (2), electromagnetic interference with Network Rail apparatus generated by the operation of the authorised development where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus; and

• “Network Rail’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised development) which are owned or used by Network Rail for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.

• (2) This paragraph shall apply to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 5(1) for the relevant part of the authorised development giving rise to EMI (unless the undertaker has been given notice in writing before the approval of those plans of the intention to make such change).

• (3) Subject to sub-paragraph (5), the undertaker shall in the design and construction of the authorised development take all measures necessary to prevent EMI and shall establish with Network Rail (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

• (4) In order to facilitate the undertaker’s compliance with sub-paragraph (3)—

• (a) the undertaker shall consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter shall continue to consult with Network Rail (both before and after formal submission of plans under paragraph 5(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

• (b) Network Rail shall make available to the undertaker all information in the possession of Network Rail reasonably requested by the undertaker in respect of Network Rail’s apparatus identified pursuant to paragraph (a); and

• (c) Network Rail shall allow the undertaker reasonable facilities for the inspection of Network Rail’s apparatus identified pursuant to paragraph (a).

• (5) In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail shall not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution shall be selected in the reasonable discretion of Network Rail, and in relation to such modifications paragraph 5(1) shall have effect subject to this paragraph.

• (6) If at any time prior to the commencement of operation of any part of the authorised development and notwithstanding any measures adopted pursuant to sub-paragraph (3), the testing or commissioning of the authorised development causes EMI then the undertaker shall immediately upon receipt of notification by Network Rail of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the promoter’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to Network Rail’s apparatus.

• (7) In the event of EMI having occurred—

• (a) the undertaker shall afford reasonable facilities to Network Rail for access to the undertaker’s apparatus in the investigation of such EMI;

• (b) Network Rail shall afford reasonable facilities to the undertaker for access to Network Rail’s apparatus in the investigation of such EMI; and

• (c) Network Rail shall make available to the undertaker any additional material information in its possession reasonably requested by the undertaker in respect of Network Rail’s apparatus or such EMI.

• (8) Where Network Rail approves modifications to Network Rail’s apparatus pursuant to sub-paragraph (5) or (6)—

• (a) Network Rail shall allow the undertaker reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus; and

• (b) any modifications to Network Rail’s apparatus approved pursuant to those sub-paragraphs shall be carried out and completed by the undertaker in accordance with sub-paragraph (6).

• (9) To the extent that it would not otherwise do so, the indemnity in paragraph 15(1) shall apply to the costs and expenses reasonably incurred or losses suffered by Network Rail through the implementation of the provisions of this sub-paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies.

• (10) For the purpose of paragraph 10(a) any modifications to Network Rail’s apparatus under this paragraph shall be deemed to be protective works referred to in that paragraph.

• (11) In relation to any dispute arising under this paragraph the reference in article 29 of this Order (arbitration) to the Law Society of England and Wales shall be read as a reference to the Institution of Engineering and Technology.

12

If at any time after the completion of a specified work, not being a work vested in Network Rail, Network Rail gives notice to the undertaker informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of railway property, the undertaker shall, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect railway property.

13

The undertaker shall not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Network Rail unless it shall have first consulted Network Rail and it shall comply with Network Rail’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.

14

Any additional expenses which Network Rail may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of a specified work shall, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be repaid by the undertaker to Network Rail.

15

• (1) The undertaker shall pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Schedule which may be occasioned to or reasonably incurred by Network Rail—

• (a) by reason of the construction or maintenance of a specified work or the failure thereof; or

• (b) by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged upon a specified work;

and the undertaker shall indemnify and keep indemnified Network Rail from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission; and the fact that any act or thing may have been done by Network Rail on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under his supervision shall not (if it was done without negligence on the part of Network Rail or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this sub-paragraph.

• (2) Network Rail shall give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of such a claim or demand shall be made without the prior consent of the undertaker.

• (3) The sums payable by the undertaker under sub-paragraph (1) shall include a sum equivalent to the relevant costs.

• (4) Subject to the terms of any agreement between Network Rail and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Network Rail shall promptly pay to each train operator the amount of any sums which Network Rail receives under sub-paragraph (3) which relates to the relevant costs of that train operator.

• (5) The obligation under sub-paragraph (3) to pay Network Rail the relevant costs shall, in the event of default, be enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator pursuant to sub-paragraph (4).

• (6) In this paragraph—

• “the relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work or any such act or omission as mentioned in sub-paragraph (1); and

• “train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993.

16

Network Rail shall, on receipt of a request from the undertaker, from time to time provide the undertaker free of charge with written estimates of the costs, charges, expenses and other liabilities for which the undertaker is or will become liable under this Schedule (including the amount of the relevant costs mentioned in paragraph 15. and with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made pursuant to this Schedule (including any claim relating to those relevant costs).

17

In the assessment of any sums payable to Network Rail under this Schedule there shall not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Schedule or increasing the sums so payable.

18

The undertaker and Network Rail may, subject in the case of Network Rail to compliance with the terms of its network licence, enter into, and carry into effect, agreements for the transfer to the undertaker of—

• (a) any railway property shown on the works and land plans and described in the book of reference;

• (b) any lands, works or other property held in connection with any such railway property; and

• (c) any rights and obligations (whether or not statutory) of Network Rail relating to any railway property or any lands, works or other property referred to in this paragraph.

19

Nothing in this Order, or in any enactment incorporated with or applied by this Order, shall prejudice or affect the operation of Part I of the Railways Act 1993.

20

The undertaker shall give written notice to Network Rail if any application is proposed to be made by the undertaker for the Secretary of State’s consent, under article 7 (consent to transfer benefit of Order) of this Order and any such notice shall be given no later than 28 days before any such application is made and shall describe or give (as appropriate)—

• (a) the nature of the application to be made;

• (b) the extent of the geographical area to which the application relates; and

• (c) the name and address of the person acting for the Secretary of State to whom the application is to be made.

21

The undertaker shall no later than 28 days from the date that the plans submitted to and certified by the Secretary of State in accordance with article 28 (certification of plans) are certified by the Secretary of State, provide a set of those plans to Network Rail in the form of a computer disc with read only memory.

Signed

Signed by authority of the Secretary of State for Energy and Climate Change

Giles Scott — Head of National Infrastructure Consents — Department of Energy and Climate Change — 24th July 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises the construction and operation of a biomass fuelled electricity generating station and associated works to be situated at the Blyth Harbour Commission’s Battleship Wharf, North Blyth, in the County of Northumberland. It also provides for the connection of those works via a cable connection laid underground to the electricity distribution system. For the purposes of the development that it authorises, North Blyth Energy Limited is authorised by the Order to acquire land and rights in land compulsorily or by agreement as well as to override easements and other rights. The Order imposes requirements in connection with the development for which it grants development consent.

The Order also grants a deemed marine licence for the marine licensable activities, being the deposit of substances and articles and the carrying out of works, involved in the construction of associated development comprising a cooling water intake in the estuary of the River Blyth and a cooling water outfall pipe and diffuser from the generating station in the North Sea. The deemed marine licence imposes conditions in connection with the deposits and works for which it grants consent.

A copy of the plans referred to in this Order and certified in accordance with article 28 (certification of plans, etc) of this Order may be inspected free of charge at the offices of Northumberland County Council at County Hall, Morpeth, Northumberland NE61 2EF.

Footnotes

[^f00001]: S.I. 2009/2264, amended by S.I. 2010/602, 2012/635, 2012/2732.

[^f00002]: 2008 c.29. The relevant provisions of the 2008 Act are amended by Part 6 of Chapter 6 of, and Schedule 13 to, the Localism Act 2011 (c.20).

[^f00003]: Following the abolition of the Infrastructure Commission on 1st April 2012 the single person appointed under section 61(2) of the 2008 Act is treated as if appointed by the Secretary of State by virtue of a direction given by the Secretary of State under section 129 of the Localism Act 2011.

[^f00004]: S.I. 2010/103, amended by SI 2012/635.

[^f00005]: 1961 c.33. Section 2(2) was amended by section 193 of, and paragraph 5 of Schedule 3 to, the Local Government, Planning and Land Act 1985 (c.65). There are other amendments to the 1961 Act which are not relevant to this Order.

[^f00006]: 1965 c.56. Section 3 was amended by section 70 of, and paragraph 3 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34). Section 4, as amended by section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 985 (c.71). Section 5 was amended by section 67 and 80 of, and Part 2 of Schedule 10 to, the Planning and Compensation Act 1991 (c.34). Subsection (1) of section 11 and section 3, 31 and 32 were amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1968 (c.67) and by section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No. 1). Subsection 11(3) was amended by article 5 of, and Schedule 1 to, the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307). Section 12 was amended by section 56(2) of and Part 1 to Schedule 92 to, the Courts Act 1981 (c.23). Section 13 was amended by section 139 of the Tribunals, Courts and Enforcement Act 2007 (c.15). Section 20 was amended by section 70 of, and paragraph 14 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34). Sections 9, 25 and 29 were amended by the Statute Law (Repeals) Act 1973 (c.39) and by section 14 of, and paragraph 12(2) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No. 1). There are other amendments to the 1965 Act which are not relevant to this Order.

[^f00007]: 1980 c.66. Section 1(1) as amended by Section 21(2) of the New Roads and Street Works Act 1991 (c.22). Sections 1(2), 1(3) and 1(4) were amended by section 8 of, and paragraph (1) of Schedule 4 to, the Local Government Act 1985 (c.51). Section 1(2A) was inserted, and section 1(3) was amended, by section 22(1) of, and paragraph 1 of Schedule 7 to, the Local Government (Wales) Act 1994 (c.19). Section 36(2) was amended by section 4(1) of and paragraphs 47(a) and (b) of Schedule 2 to, the Housing (Consequential Provisions) Act 1975 (c.71), by the Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/177), by section 4 of, and paragraph 45(3) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c.11), by section 64(1) (2) and (3) of the Transport and Works Act 1992 (c.42) and by section 57 of, and paragraph 5 of Part 1 of Schedule 6 to, the Countryside and Rights of Way Act 2000 (c.37).

[^f00008]: 1990 c.8. Section 206(1) as amended by section 192(8) of, and paragraph 7 and 11 of Schedule 8 to, the Planning Act 2008 (c.29). Relevant amendments have been made by section 406 of, and Schedule 17 to, the Communications Act 2003. There are other amendments to the 1990 Act which are not relevant to this Order.

[^f00009]: 1991 c.22. Section 48(3A) was inserted by section 124 of the Local Transport Act 2008 (c.26). Section 79(4), 80(4) and 83(4) are amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004 (c.18).

[^f00010]: 2008 c.29. Section 149A was inserted by section 112(1) of, and paragraph 4 of Schedule 8 to, the Marine and Coastal Access Act 2009 (c.23).

[^f00011]: 2009 c.23.

[^f00012]: 1995 c.25.

[^f00013]: 1981 c.67. Section 7 was amended by section 70 of, and paragraph 9 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34). There are other amendments to the 1981 Act which, except where otherwise provided herein, are not relevant to this Order.

[^f00014]: 1989 c.29. Relevant amendments have been made by section 30 of the Utilities Act 2000 (c.27) and section 89 of the Energy Act 2004 (c.20).

[^f00015]: 1990 c.43. There are amendments to this Act which are not relevant to this Order.

[^f00016]: 1974 c.40. Section 61(9) and section 65(8) were amended by section 162 of, and paragraph 15 of Schedule 3 to, the Environmental Protection Act 1990 (c.25). There are other amendments to the 1974 Act which are not relevant to this Order.

[^f00017]: 1991 c.56. Section 106 was amended by sections 36(2) and 99 of the Water Act 2003 (c.37). There are other amendments to this section which are not relevant to this Order.

[^f00018]: S.I. 2010/675.

[^f00019]: 1964 c.40. Paragraph 9B was inserted into Schedule 2 by the Transport and Works Act 1992 (c.42), section 63(1) and Schedule 3, paragraph 9(1) and (5). There are other amendments to the 1964 Act which are not relevant to this Order.

[^f00020]: 1991 c.57.

[^f00021]: 1981 c.67. Relevant amendments were made by article 5 of, and Schedule 1 to, the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307).

[^f00022]: 1981 c.66.

[^f00023]: Sections 2(3), 6(2) and 11(6) were amended by section 4 of and paragraph 52 of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c.11). Section 15 was amended by sections 56 and 321(1) of, and Schedules 8 and 16 to, the Housing and Regeneration Act 2008 (c.17). Paragraph 1 of Schedule 2 was amended by section 76 of, and Part 2 of Schedule 9 to, the Housing Act 1988 (c.50); section 161(4) of, and Schedule 19 to, the Leasehold Reform Housing and Urban Development Act 1993 (c.28); and sections 56 and 321(1) of, and Schedule 8 to, the Housing and Regeneration Act 2008. Paragraph 3 of Schedule 2 was amended by section 76 of, and Schedule 9 to, the Housing Act 1988 and section 56 of, and Schedule 8 to, the Housing and Regeneration Act 2008. Paragraph 2 of Schedule 3 was repealed by section 277 of, and Schedule 9 to, the Inheritance Tax Act 1984 (c.51). There are other amendments to the 1981 Act which are not relevant to this Order.

[^f00024]: 2003 c.21. There are amendments to this Act which are not relevant to this Order.

[^f00025]: S.I. 2009/785.

[^f00026]: S.I. 2010/490.

[^f00027]: 2006 c.16. Section 1 was amended by section 311(2) and (3) of the Marine and Coastal Access Act 2009 (c.23).

[^f00028]: 2008 c.29. Section 149A was inserted by section 112(1) of, and paragraph 4 of Schedule 8 to, the Marine and Coastal Access Act 2009 (c.23).

[^f00029]: 1995 c.25.

[^f00030]: 1974 c.37, as amended by S.I. 2008/960.

[^f00031]: S.I. 2002/1355. Relevant amendments have been made by regulation 4 of the Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982).

[^f00032]: 1993 c.43.

[^f00033]: 2006 c.46.