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The National Grid (Hinkley Point C Connection Project) Order 2016

Type Statutory-Instrument

Publication 2016-01-19

Last updated 2017-12-28

State In force

Department King's Printer of Acts of Parliament

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(2) In this paragraph “BPC’s apparatus” means all and any gas, oil and water pipes, water tanks, cisterns, drains and drainage works, sewers, pumps, electric and communication wires, cables and plant, ducts, conduits, governors, transformers, meters and any other service media, surface water interceptors (and whether in all cases for drainage, gas, oil, water, electricity, telephone, television, data and information transmission or any other service) on BPC’s land or used by BPC in connection with its statutory undertaking.

Trees and other vegetation

59

Despite any provision of this Order, in the exercise of any powers under this Order and in the construction, maintenance and use of the authorised development, the undertaker must not remove, cut back, fell or lop any hedge, tree, shrub or other vegetation on BPC’s land unless it has first consulted with BPC as to the works required and the extent, if any, of any replacement planting proposed or required.

General

60

The undertaker must in the exercise of any powers under this Order and in the construction, maintenance and use of the authorised development secure compliance with and implementation of all and any applicable conditions, terms and measures contained in any relevant consent, agreement or approval given by BPC for the purpose of this Part.

PART 6 — PROTECTION FOR THE PORT AUTHORITY

61

The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and the Port Authority.

Definitions

62

In this Part—

“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;

“navigational risk assessment” means any written assessment of any potential risk of any tidal works and includes the following information—existing navigational features including extent of authorised channels, existing navigational structures and constraints;tidal characteristics;existing river uses;general navigational arrangements;existing site-specific issues;existing navigational risks;proposed navigational strategies;delivery schedules; andsuch other details as may be agreed between the undertaker and the Port Authority;

“plans and sections” includes sections, elevations, drawings, calculations, specifications, programmes, method statements, assessments of navigational risk relating to the construction, carrying out, maintenance and, where appropriate, removal of any tidal work;

“specified day” means, in relation to any tidal work, the later of—the day on which the detailed method statement for that work is submitted to the Port Authority under paragraph 63(1); andthe day on which the undertaker provides all such particulars of the work as have been requested by the Port Authority under paragraph 63(1);

“temporary work” means any tidal work that is not required for the operation of the authorised development;

“tidal work” means so much of the authorised development (including any temporary closure to navigation of the relevant part of the river under article 39 (temporary closure of, and works in, the River Avon) that is on, in, under or over the relevant part of the river below the level of mean high water springs and includes any projection over the river (whether or not situated within the order limits) by booms, cranes and similar plant or machinery;

“vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a barge, a jack-up barrage, a seaplane or helicopter on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in or over water and which is at the time in, on or over water.

Tidal works: approval of detailed design

63

(1) Not less than 60 business days before commencing a tidal work, the undertaker must submit to the Port Authority plans and sections of the tidal work, a navigational risk assessment, proposals for any lighting and laying down of buoys to secure the navigational safety of the river in the vicinity of the proposed tidal works (including any area over which public rights of navigation are proposed to be suspended), a timetable of the proposed tidal works and any proposed temporary closures of the relevant part of the river and such further particulars as the Port Authority may reasonably require.

(2) A tidal work may not be commenced except in accordance with plans and sections approved in writing by the Port Authority under this paragraph or deemed to have been approved or determined under paragraph 69.

(3) Any approval of the Port Authority required under this paragraph must not be unreasonably withheld or delayed but may be given subject to such reasonable conditions as the Port Authority may impose for the protection of—

(a) traffic in, or the flow or regime of, the river;

(b) the use of its operational land or the river for the purposes of performing its functions; or

(4) Conditions imposed under sub-paragraph (3) may include conditions as to—

(a) the proposed location of any temporary work and its dimensions;

(b) the length of time that any temporary work may be kept in place;

(c) the removal of any temporary work and the undertaking by the undertaker of any related work or operation that the Port Authority considers to be necessary for the purpose of removing or preventing any obstruction to navigation;

(d) the relocation, provision and maintenance of works and moorings;

(e) apparatus and equipment necessitated by the tidal work; and

(f) the expiry of the approval if the undertaker does not commence construction or carrying out of the approved tidal work within a prescribed period.

(5) Subject to sub-paragraph (6), an application for approval under this paragraph is deemed to be given if it has been given or has not been refused within 25 business days of the specified day.

(6) In the event that the Port Authority requires further information pursuant to sub-paragraph (1), then the Port Authority must determine the submission submitted pursuant to that sub-paragraph as soon as reasonably practicable, but in any event no later than 45 business days from the specified day.

Tidal works and temporary closure of the river Avon: notification requirements

64

(1) The undertaker must inform the Port Authority in writing of the intended start date and the likely duration of any tidal works at least 20 business days prior to the intended start date.

(2) The undertaker must inform the Port Authority in writing of all contractor and vessel details, including the name, type and IMO number of the vessel, the owner of the vessel or operating company and master’s name and contact details, at least 20 business days prior to commencement of any tidal work.

(3) The undertaker must inform the Port Authority in writing of the timetable of any tidal works at least 20 business days prior to its proposed commencement.

(4) The undertaker must serve notice on the Port Authority no later than 20 business days prior to the proposed commencement date of any temporary closure of the relevant part of the river under article 39.

(5) Any such notice must provide the details of the proposed temporary closure of the relevant part of the river including particulars of—

(a) commencement date;

(b) duration; and

(6) Any temporary closure of the relevant part of the river must not take place except with the prior approval in writing of the Port Authority, such approval not to be unreasonably withheld or delayed, and in accordance with any reasonable conditions imposed by the Port Authority under this paragraph or determined under paragraph 69.

(7) The Port Authority may, in relation to any approval, impose reasonable conditions.

(8) Conditions imposed under sub-paragraph (7) may include conditions as to—

(a) the limits of any area subject to temporary closure of the relevant part of the river;

(b) the duration of any temporary closure;

(d) the use by the undertaker of the area subject to any temporary closure so as not to interfere with any other part of the river or affect its use.

(9) For the purposes of this paragraph, the Port Authority must issue its notice to mariners within 10 business days of receipt of notice of the intended start date under sub-paragraph (1) or, if relevant, the date on which the Port Authority gives its approval under sub-paragraph (6) (whichever is the later).

(10) The undertaker must, as soon as reasonably practicable, notify the Port Authority of any changes to any of the details required to be provided under this paragraph, provided that any changes which affect, or may affect, navigation must be notified to the Port Authority immediately to enable it to issue an up-dated notice to mariners.

Communication plan

65

(1) The undertaker and the Port Authority must agree in writing (such agreement not to be unreasonably withheld or delayed) a communication plan 20 business days prior to commencement of any tidal works.

(2) All vessels associated with any tidal works must report to Bristol VTS Centre (VHF Channel 12) advising of their activities and movements when undertaking tidal works (including temporary closure of the relevant part of the river) in accordance with the communication plan agreed with the Port Authority under sub-paragraph (1).

General provisions as to construction of works including inspection

66

(1) A tidal work must, once commenced, be carried out by the undertaker with all reasonable dispatch and to the reasonable satisfaction of the Port Authority so that river traffic, the flow or regime of the river and the exercise of the Port Authority’s functions must not suffer more interference than is reasonably practicable.

(2) The Port Authority is entitled at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey such operations.

Navigational safety, lights, buoys, etc.

67

(1) The undertaker must provide guard vessels to be positioned both upstream and downstream of the relevant part of the river during any tidal works and temporary closures of the river.

(2) The number and position of any such guard vessels must be agreed in advance in writing with the Port Authority, such agreement not to be unreasonably delayed or withheld.

(3) The undertaker must, at or near any tidal work, exhibit such lights, lay down such buoys and take such other steps for preventing danger to navigation as the Port Authority may from time to time reasonably require.

(4) All vessels must, at all relevant times, display lights, shapes and signals in accordance with all applicable law, regulation and international conventions.

(5) The Port Authority must give the undertaker not less than 20 business days’ written notice of a requirement under sub-paragraph (3) except in the case of increased risk or emergency when the Port Authority must give such notice as is reasonably practicable.

(6) The undertaker must comply with any directions of the Port Authority given from time to time with regard to the lighting of tidal works, or the screening of such lighting, so as to ensure that it is not a hazard to navigation on the river.

Obstruction in the river

68

(1) If any pile, stump or other obstruction to navigation becomes exposed as a result of constructing any tidal work, or if any construction equipment or material is misplaced in or adjacent to the river and causes obstruction to navigation, the undertaker must, as soon as reasonably practicable after the receipt of notice in writing from the Port Authority requiring such action, remove it from the river or, in the case of any pile, stump or other obstruction to navigation, if it is not reasonably practicable to remove it—

(a) cut the obstruction off at such level below the bed of the river as the Port Authority may reasonably direct; or

(b) take such other steps to make the obstruction safe as the Port Authority may reasonably require.

(2) If, after such reasonable period as may be specified in a notice under this paragraph, the undertaker has failed to begin taking steps to comply with the requirements of the notice, or after beginning has failed to make reasonably expeditious progress towards their implementation, the Port Authority may carry out the works specified in the notice and any expenditure reasonably incurred by it in so doing is recoverable from the undertaker.

Disputes

69

Any dispute arising between the undertaker and the Port Authority under this Part must be determined by arbitration in accordance with article 49 (arbitration) unless otherwise agreed in writing by the undertaker and the Port Authority.

PART 7 — PROTECTION FOR THE ENVIRONMENT AGENCY

70

The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and the Agency.

71

(1) In this Part—

“Agency” means the Environment Agency;

“Byelaws” means the byelaws set out in the Wessex Water Authority Land Drainage Byelaws 1981 that are not disapplied by Schedule 16 (amendment of local legislation);

“consented work” means a work that is required to be consented under the terms of the Water Resources Act 1991[^f00042], the Land Drainage Act 1991[^f00043] or the Byelaws, irrespective of any status as a statutory undertaker under those provisions;

“drainage work” means any watercourse and includes any land which provides or is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment, outfall or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;

“flood defence structure” means any valve, sluice, clyse, hatch, flashboard, flood gate, lasher, staunch gates, paddle, penstock, lock, weir, dam, pumping machinery, pump, pipe or other structure or appliance for controlling, measuring or regulating the level of water or the flow of water into, in or out of a main river or for drawing water from or delivering water into a main river.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72

The undertaker must not open or close or interfere with any flood defence structure without first obtaining the consent of the Agency in writing.

73

(1) The undertaker must give the Agency at least 28 days’ written notice of any intention to use any bank of a main river, drainage work, river-control work or land within 8 metres of the bank or work for the purpose of depositing, stacking, storing or keeping any rubbish, goods, any materials or things whatsoever adjacent to it.

(2) The Agency must either consent (with or without conditions) or object to the notice.

(3) If within 14 days, no response is given, the Agency is deemed to have consented to the notice as submitted.

(4) The undertaker must take all reasonable care in depositing, stacking, storing or keeping any rubbish, goods, materials or things upon any drainage work not to cause damage to the drainage work and must take all reasonable care to minimise the risk of objects or matter entering or falling into a main river such as to cause an obstruction.

(5) If entry of an object or matter into a main river occurs, it must, except with consent of the Agency, be removed promptly by the undertaker.

74

(1) The undertaker must give at least 28 days’ written notice to the Agency of any proposal to remove from the Order land any notice board, notice or placard put up by the Agency.

(2) The undertaker may use all reasonable endeavours to relocate any notice board, notice or placard removed under sub-paragraph (1) to a suitable alternative location and must agree with the Agency such suitable location.

75

(1) If by reason of the storage or deposit of materials or the construction of any consented work, or of the failure of any such work, the efficiency of any flood defence structure or drainage work for flood defence purposes is impaired, or that flood defence structure or drainage work is otherwise damaged, such impairment or damage must be made good by the undertaker to the reasonable satisfaction of the Agency; and if the undertaker fails to do so within such reasonable period as the Agency may require by notice in writing to the undertaker, the Agency may make good such impairment or damage and recover from the undertaker the expense reasonably incurred by it in so doing.

(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any impairment or damage to the extent that it is attributable to the act, neglect or default of the Agency, its officers, servants, contractors or agents.

76

Unless otherwise agreed, any dispute or difference arising between the Agency under this Part (other than a difference as to the meaning or construction of this Part) must be settled by arbitration in accordance with article 49 (arbitration).

PART 8 — PROTECTION FOR RWE GENERATION UK PLC

77

The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and RWE.

78

In this Part—

“apparatus” means any of the following apparatus within the Order limits, namely wharf offloading facilities at Portbury, fuel stocking areas at Portbury, a tunnel beneath the River Avon, bulk handling terminal conveyors, fuel hoppers, refuelling points, freight connection onto the railway network, site offices and car park, belonging to or maintained by RWE for the purposes of loading, unloading, stocking and transporting of fuel (including but not limited to coal) for the purposes of fuelling Aberthaw Power Station or providing services to any other third parties; and includes any structure in which apparatus is or to be lodged or which gives or will give access to apparatus.

“in” in a context referring to apparatus in land includes a reference to apparatus across, under, over or upon land;

“RWE” means RWE Generation UK plc (company registration number 3892782) and any associated company of RWE Generation UK plc which holds an interest in the apparatus; 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) the holding company of RWE Generation UK plc, a subsidiary of RWE Generation UK plc or another subsidiary of the holding company of RWE Generation UK plc;

“specified works” means so much of any of the authorised development as is situated upon, across, under, or over parcels 107, 110, 187, 188, 189, 190, 191, 195, 197, 199 and 201 in Section G of the Book of Reference (being parcels in which RWE has an interest) or that are near to, or will or may in any way adversely affect the apparatus.

79

Despite any provision of this Order or anything shown on the Land Plans, the undertaker must not acquire any apparatus otherwise than by agreement.

80

If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part or under any other statutory power, and any right of RWE to use, maintain, or renew that apparatus in that land must not be extinguished.

81

(1) Not less than 56 days before starting the execution of specified works, the undertaker must submit to RWE a plan, section and description of the works to be executed.

(2) Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by RWE for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and RWE is entitled to watch and inspect the execution of those works, and the undertaker must supply RWE with any additional information concerning such works as RWE may reasonably require.

(3) Any requirements made by RWE under sub-paragraph (2) must be made within a period of 56 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

(4) Where RWE requires any protective works under sub-paragraph (2) to be carried out either by itself or by the undertaker (whether of a permanent or temporary nature), the protective works must be carried out to RWE’s reasonable satisfaction prior to the carrying out of the specified works.

(5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency, but in that case it must give to RWE notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

82

The undertaker must pay to RWE the proper and reasonable expenses reasonably incurred by RWE in, or in connection with, the inspection, alteration or protection of any apparatus.

83

(1) Subject to sub-paragraph (3), if by reason, or in consequence, of the construction, use, existence, operation or failure of any specified works or in consequence of the construction, use, existence, operation, maintenance or failure of any of the authorised development by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by the undertaker) in the course of carrying out such works, any damage is caused to any apparatus or property of RWE, or to operations, or there is any interruption in any service provided to RWE or by RWE, or in the supply of any goods to RWE or by RWE, or RWE becomes liable to pay any amount to any third party, the undertaker must—

(a) bear and pay on demand the proper and reasonable cost reasonably and properly incurred by RWE in making good such damage or restoring operations, services or supply; and

(b) indemnify RWE for any other expenses, loss (whether direct or indirect and including losses of an economic nature), demands, proceedings, damages, claims penalty or costs incurred by or recovered from RWE, by reason or in consequence of any such damage or interruption or RWE becoming so liable to any third party.

(2) The fact that any act or thing may have been done by RWE on behalf of the undertaker or in accordance with a plan approved by RWE or in accordance with any requirement of RWE or its supervision does not (subject to sub-paragraph (3)) excuse the undertaker from liability under sub-paragraph (1).

(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any loss, damage, injury or interruption to the extent that it is attributable to the neglect or default of RWE, its officers, servants, contractors or agents.

(4) RWE must give the undertaker reasonable notice (being not less than 28 days) of any claim or demand, and no settlement or compromise may be made without the consent of the undertaker (not to be unreasonably withheld or delayed) which, if it reasonably withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

PART 9 — PROTECTION FOR CLH PIPELINE

84

The provisions of this Part have effect for the protection of the CLH undertaker referred to in this Part unless otherwise agreed in writing between the undertaker and the CLH undertaker.

85

In this Part—

“alternative apparatus” means alternative apparatus adequate to enable the CLH undertaker to fulfil its statutory functions in a manner not less efficient than previously;

“apparatus” means the pipeline, or any part of it, belonging to belonging to or maintained by the CLH undertaker, which is within the Order limits, and includes any structure in which that apparatus is or is to be lodged or which gives or will give access to apparatus;

“functions” includes powers and duties;

“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land; and

“CLH undertaker” meansCLH Pipeline Systems (CLH-PS) Limited (registered company number 09497223) or any successor in title to the CLH undertaker in respect of the apparatus.

86

Despite any provision of this Order or anything shown on the Land Plans, the undertaker must not acquire any apparatus otherwise than by agreement.

87

(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which the apparatus is placed, that apparatus must not be removed under this Part and any right of the CLH undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the CLH undertaker.

(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to the CLH undertaker written notice of that requirement, together with a plan and section of the work proposed.

(3) If alternative apparatus or any part of such apparatus is to be constructed as a consequence of the removal of apparatus placed in the land referred to in sub-paragraph (2), the CLH undertaker, must on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in other land in which the alternative apparatus is to be constructed

(4) The CLH undertaker must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 49, and after the grant to the CLH undertaker of any such facilities and rights as are referred to in sub-paragraph (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part.

(5) Regardless of anything in sub-paragraph (4), if the undertaker gives notice in writing to the CLH undertaker that it desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus, that work, instead of being executed by the CLH undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the CLH undertaker.

(6) Nothing in sub-paragraph (5) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

88

(1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 87(2) that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under that sub-paragraph, the undertaker must submit to the CLH undertaker a plan, section and description of the works to be executed.

(2) Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the CLH undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the CLH undertaker is entitled to watch and inspect the execution of those works.

(3) Any requirements made by the CLH undertaker under sub-paragraph (2) must be made within a period of 28 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

(4) If the CLH undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraph 87 applies as if the removal of the apparatus had been required by the undertaker under sub-paragraph (2) of that paragraph.

(5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the CLH undertaker notice as soon as is reasonably practicable and a plan, section and description of the works referred to in sub-paragraph (1) as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

89

(1) Subject to the following provisions of this paragraph, the undertaker must repay to the CLH undertaker the proper and reasonable expenses reasonably incurred by the CLH undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus.

(2) The value of any apparatus removed under the provisions of this Part of the Schedule is to be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.

(3) If in accordance with the provisions of this Part—

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 49 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the CLH undertaker by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

(4) For the purposes of sub-paragraph (3), the extension of the apparatus to a length greater than the length of the existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus.

(5) An amount which apart from this sub-paragraph would be payable to the CLH undertaker in respect of works by virtue of sub-paragraph (1) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the CLH undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

SCHEDULE 16 — AMENDMENT OF LOCAL LEGISLATION

PART 1 — LOCAL ENACTMENTS

Year	Chapter	Title	Section
1801	c. 72	An Act for draining, preserving from Water, and improving certain low Lands and Grounds, lying within the several Parishes or Chapelries of North Wooton, Pilton, West Pennard, Baltonsborough, Barton Saint David, Butleigh, Street, Glaston Saint John, Glaston Saint Benedict, Walton, Ashcot, Shapwick, Moorlinch, Catcott, Chilton, Edington, Cossington, Woolavington, Huntspill, East Brent, South Brent, Mark, Wedmore, Meare, Burnham, Badgworth, Baddisham, Chapel Allerton, Were, Puriton, Pawlet, Wookey, and the Outparish of Saint Cuthbert in Wells, all in the County of Somerset	Section XLIX (penalty for damaging any works or obstructing the execution of the Act
1802	c. 58	An Act for draining, preserving from Water, and improving, certain Low Lands and Grounds, lying within the several Parishes or Chapelries of Wookey, Westbury, Rodney-Stoke, Wedmore, Mear, Weare, Nyland, Badgworth, Biddisham, East Brent, South Brent, Cheddar, Axbridge, Compton Bishop, Loxton. Bleadon, Brean, Berrow, and Lympsham, all improving the Navigation of the River Axe, within the said Parishes of Bleadon, Lympsham, Loxton, East Brent, Compton Bishop, Biddisham, Badgworth, Weare, and Axbridge, some or One of them above and from a certain Place called Southern Mead Barrs, situate within the said Parish of Bleadon	Section XLV (penalty for damaging any works or obstructing the execution of the Act)
1819	c. lxxvi	An Act for draining, preserving from Water, and improving certain low Lands and Grounds, lying in the several Parishes of Congresbury, Puxton, Winscombe, Banwell, Churchill, Kewstoke, Week Saint Lawrence, and Yatton, in the County of Somerset	Section LI (penalty for damaging any works or obstructing the execution of the Act)
1836	c. xxxvi	An Act for making a Railway from Bristol to Exeter, with Branches to the Towns of Bridgwater in the County of Somerset and Tiverton in the County of Devon	Section CCXI (penalty on persons obstructing the course of railway)
1837	c. lxxxv	An Act for removing and preventing Encroachments within the City and County of Bristol, and for better regulating the Shipping, Rivers, Wharfs, Backs, and Quays, and the Markets within the same, and for other Purposes	Section XVIII (for preventing nuisances &c.)
1871	c. cxcvi	Bridgwater Waterworks Act	Section 11 (penalty for fouling water)
1877	c. xxxvi	Somersetshire Drainage Act	Section 69 (commissioners, &c. may remove obstructions)Section 134 (penalty for draining into sewers or fouling watercourses)
1903	c. ccxiv	Somerset and District Electric Power Act	Section 41 (as to overhead wires across main roads)

PART 2 — BYELAWS

(1)Title	(2)Byelaw to be disapplied
Wessex Water Authority Land Drainage Byelaws 1981	Byelaw 7(b) (placing matter near river)
Wessex Water Authority Land Drainage Byelaws 1981	Byelaw 21 (deposit of materials on bank)
Wessex Water Authority Land Drainage Byelaws 1981	Byelaw 29 (disposal of soil)
Wessex Water Authority Land Drainage Byelaws 1981	Byelaw 30 (obstruction of Authority’s officers)
Wessex Water Authority Land Drainage Byelaws 1981	Byelaw 31 (damage to notice boards)
Lower Severn Land Drainage Byelaws 2001	Byelaw 3 (control of introduction of water and increases in flow or volume of water)
Lower Severn Land Drainage Byelaws 2001	Byelaw 7 (detrimental substances not to be put into watercourses)
Lower Severn Land Drainage Byelaws 2001	Byelaw 14 (vehicles not to be driven on banks)
Lower Severn Land Drainage Byelaws 2001	Byelaw 15 (banks not to be used for storage)
Lower Severn Land Drainage Byelaws 2001	Byelaw 17 (fences, excavations, pipes etc.)
Lower Severn Land Drainage Byelaws 2001	Byelaw 24 (damage to property of the Board)
Lower Severn Land Drainage Byelaws 2001	Byelaw 26 (obstruction of the Board or officers)
North Somerset Levels Internal Drainage Board Land Drainage Byelaws 2004	Byelaw 3 (control of introduction of water and increases in flow or volume of water)
North Somerset Levels Internal Drainage Board Land Drainage Byelaws 2004	Byelaw 7 (detrimental substances not to be put in watercourses)
North Somerset Levels Internal Drainage Board Land Drainage Byelaws 2004	Byelaw 14 (vehicles not to be driven on banks)
North Somerset Levels Internal Drainage Board Land Drainage Byelaws 2004	Byelaw 15 (banks not to be used for storage)
North Somerset Levels Internal Drainage Board Land Drainage Byelaws 2004	Byelaw 17 (fences, excavations, pipes, etc.)
North Somerset Levels Internal Drainage Board Land Drainage Byelaws 2004	Byelaw 24 (damage to property of the Board)
North Somerset Levels Internal Drainage Board Land Drainage Byelaws 2004	Byelaw 26 (obstruction of the Board and officers)
Parrett Internal Drainage Board Drainage Byelaws 2006	Byelaw 3 (control of introduction of water and increases in flow or volume of water)
Parrett Internal Drainage Board Drainage Byelaws 2006	Byelaw 7 (detrimental substances not to be put in watercourses)
Parrett Internal Drainage Board Drainage Byelaws 2006	Byelaw 14 (vehicles not to be driven on banks)
Parrett Internal Drainage Board Drainage Byelaws 2006	Byelaw 15 (banks not to be used for storage)
Parrett Internal Drainage Board Drainage Byelaws 2006	Byelaw 17 (fences, excavations, pipes, etc.)
Parrett Internal Drainage Board Drainage Byelaws 2006	Byelaw 24 (damage to property of the Board)
Parrett Internal Drainage Board Drainage Byelaws 2006	Byelaw 26 (obstruction of the Board and officers)
Axe Brue Internal Drainage Board Land Byelaws 2012	Byelaw 3 (control of introduction of water and increases in flow or volume of water)
Axe Brue Internal Drainage Board Land Byelaws 2012	Byelaw 7 (detrimental substances not to be put in watercourses)
Axe Brue Internal Drainage Board Land Byelaws 2012	Byelaw 14 (vehicles not to be driven on banks)
Axe Brue Internal Drainage Board Land Byelaws 2012	Byelaw 15 (banks not to be used for storage)
Axe Brue Internal Drainage Board Land Byelaws 2012	Byelaw 17 (fences, excavations, pipes, etc.)
Axe Brue Internal Drainage Board Land Byelaws 2012	Byelaw 24 (damage to property of the Board)
Axe Brue Internal Drainage Board Land Byelaws 2012	Byelaw 26 (obstruction of the Board and Officers)

Signed

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

Giles Scott — Head of National Infrastructure Consents and Coal Liabilities — Department of Energy and Climate Change — 2016-01-19

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order grants development consent to National Grid Electricity Transmission Ltd (“National Grid”) for authorised works to the national electricity transmission system between Hinkley Point and Seabank. The proposed development is required to provide sufficient transmission capacity to enable the connection of new electricity generation projects in the region including the Hinkley Point C nuclear power station, and to carry out all associated works.

In order to accommodate these works, this Order also grants development consent to Western Power Distribution (South West) plc, in addition to National Grid, for the reconfiguration of the local electricity network (including the removal of the existing 132,000 volt overhead line between Bridgewater and Avonmouth substations).

The Order also makes provision in connection with the maintenance of the authorised development.

The Order allows National Grid to acquire compulsorily or by agreement, land and rights in land and to use land for this purpose and WPD to acquire compulsorily rights in land and to use the land in connection with the reconfiguration of the local electricity network.

A copy of the plans and Book of Reference referred to in this Order and certified in accordance with article 44 of this Order may be inspected free of charge during working hours at the offices of National Grid Electricity Transmission plc, 1-3 Strand, London, WC2N 5EH.

Footnotes

[^f00001]: 2008 c. 29.

[^f00002]: S.I. 2009/2263, amended by S.I. 2012/635 and 2012/787.

[^f00003]: 1961 c. 33.

[^f00004]: 1965 c. 56.

[^f00005]: 1980 c. 66.

[^f00006]: 1981 c. 66.

[^f00007]: 1984 c. 27.

[^f00008]: 1990 c. 8.

[^f00009]: 1991 c. 22.

[^f00010]: 2009 c. 23.

[^f00011]: 1991 c. 57.

[^f00012]: 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 are not relevant to this Order.

[^f00013]: S.I. 2010/948.

[^f00014]: 1989 c. 29.

[^f00015]: 1991 c. 56. Section 106 was amended by the Water Act 2003 (c. 37), sections 36(2) and 99 subject to the transitional provisions contained in article 6 of, and Schedule 3 to, S.I. 2004/641. There are other amendments to section 106 which are not relevant to this Order.

[^f00017]: 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 (2).

[^f00018]: 1981 c. 67. Sub-paragraph (5) of paragraph 1 of Part 1 of Schedule 2 was amended by section 67 of, and paragraph 27(3) of Schedule 9 to, the Coal Industry Act 1994 (c. 21) and paragraph 8 of Part 3 of Schedule was amended by section 46 of the Criminal Justice Act 1982 (c. 48). There are other amendments to the 1981 Act which are not relevant to this Order.

[^f00019]: 1981 c. 66. Sections 2 and 116 were amended by section 4 of, and paragraph 52 of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11). There are other amendments to the 1981Act which are not relevant to this Order.

[^f00020]: 2003 c.21.

[^f00021]: 1990 c. 43. Section 82 is amended by section 5 of the Noise and Statutory Nuisance Act 1993, c. 40, section 106 of, and Schedule 17 to, the Environment Act 1995, c. 25 and section 103 of the Clean Neighbourhoods and Environment Act 2005, c. 16. There are other amendments to this Act which are not relevant to this Order.

[^f00022]: 1974 c. 40. Sections 61(9) and 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.

[^f00023]: 2004 c. 18.

[^f00024]: S.I. 2012/605.

[^f00025]: 1978 c. 30.

[^f00026]: 1991 c. 57.

[^f00027]: 2008 c. 29.

[^f00028]: 2009 c. 23.

[^f00029]: 1973 c. 26.

[^f00030]: Section 58(1) was amended by section 16(3) of, and Schedule 5 to, the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66), section 4 of, and paragraph 29(1) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2009/1307.

[^f00031]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No.1) and S.I. 2009/1307.

[^f00032]: Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23).

[^f00033]: Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00034]: Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.

[^f00035]: 1989 c.29.

[^f00036]: 1991 c.56.

[^f00037]: 1986 c.44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c.45), and was further amended by section 76 of the Utilities Act 2000 (c.27).

[^f00038]: See section 106.

[^f00040]: 1993 c. 43.

[^f00041]: 2006 c. 40.

[^f00042]: 1991 c. 57.

[^f00043]: 1991 c. 59.

59

(1) Unless BPC agrees otherwise, National Grid and WPD must give up possession of each part of BPC’s land in respect of which any powers of temporary possession have been exercised within 3 months of completion of construction of the relevant part of the authorised development for which possession of that land was required as specified in the works programme, and having completed all works of removal, restoration and reinstatement in respect of that land required by this Order.

(2) Without limitation on the scope of their respective obligations under paragraphs (5) and (6) of article 29 and paragraphs (5) and (6) of article 30, National Grid or WPD must consult with BPC in relation to the proposed extent of the intended removal of foundations supporting pylons on BPC’s land which are to be removed as part of Work No. 4G and Work No. 4P.

(3) Despite any provision of this Order, before giving up possession of any part of BPC’s land in respect of which any powers of temporary possession have been exercised, National Grid and WPD must—

(a) remove all temporary works from that land;

(b) where foundations (including piles) which had been placed in that land to support pylons, electric lines or other apparatus belonging to National Grid or WPD are removed from BPC’s land pursuant to Schedule 1 (authorised development), to the extent reasonably practicable, reinstate the ground to match the surrounding area in relation to both specification and appearance; and

(c) otherwise restore and reinstate the land and any buildings and structures on the land to the condition they were in before possession was taken and make good any damage caused to surrounding land, all to BPC’s reasonable satisfaction.

60

In the execution and maintenance of the authorised development under this Order, the undertaker must take all steps and measures reasonably available to it to minimise as far as is reasonably practicable the impact of construction and other activities on BPC’s land, on the operation of the Port and on the activities of the owners and occupiers of that land and customers of the Port.

61

(1) Despite any provision of this Order or anything shown on the Land Plans, the undertaker must not remove or reposition any of BPC’s apparatus other than with BPC’s consent, such consent not to be unreasonably withheld or delayed.

(2) In this paragraph “BPC’s apparatus” means all and any gas, oil and water pipes, water tanks, cisterns, drains and drainage works, sewers, pumps, electric and communication wires, cables and plant, ducts, conduits, governors, transformers, meters and any other service media, surface water interceptors (and whether in all cases for drainage, gas, oil, water, electricity, telephone, television, data and information transmission or any other service) on BPC’s land or used by BPC in connection with its statutory undertaking.

59

60

61

The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and the Port Authority.

Editorial notes

[^key-3df8f5849caa236602bd71f4eedeacaa]: Words in art. 16(7)(8) substituted (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 105 (with regs. 1(3), 77-79, Sch. 4)

[^key-677e74a66a69d755659822e75212c03d]: Words in art. 16(10)(b) substituted (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 105 (with regs. 1(3), 77-79, Sch. 4)

[^key-7c2df4d6847020ad761eb583706d482a]: Words in art. 2(1) substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-81306332c06a32fb2bdc895a29afa794]: Art. 5(2) substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), arts. 1, 3, Sch.

[^key-ad9ac1195451bcc4d7b88c94e73c2fc4]: Words in art. 39(3) substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-a51cf430313c1c649f6107a759f53d7a]: Words in art. 39(5) substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-56de9c4b376ca102561a156df42ba3cc]: Word in art. 44(1)(i) omitted (21.7.2017) by virtue of The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-5c4cf21493769e387c3fe11b019fbfe4]: Art. 44(1)(l) inserted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-4e92381252a8604df945615357768219]: Word in art. 44(1)(j) omitted (21.7.2017) by virtue of The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-57acf21c7a3829c5cf8e498a901aa9d7]: Word in art. 44(1)(k) substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-7a3e0c31e77bce9da2fe937874ecc8e3]: Words in Sch. 3 para. 1(1) omitted (21.7.2017) by virtue of The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-4be897a1af3785a273c45df0c551bea7]: Words in Sch. 3 para. 6(1) substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-2764e37ec5d87940b60c570644024639]: Word in Sch. 3 para. 14(1) inserted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-77a8a52dba5b54c18cf51fceab692c9b]: Words in Sch. 3 para. 14(2) inserted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-bafd0567edc4ed03b97100436d040d6f]: Words in Sch. 3 para. 17(1) substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-da215cb2b4214aa3f6f552ea70a45233]: Words in Sch. 3 para. 44 substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-515bb42e42801a6579ac3ffacb4322e1]: Words in Sch. 3 para. 45(1) substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-f535b7fe91ba9a77d1f2e75c534611d7]: Words in Sch. 3 para. 45(2) substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-b356b6d3f7e2058221c5b2c411da74b2]: Words in Sch. 15 para. 52 substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-0ce2084980474d00d91b7beeb2548102]: Words in Sch. 15 para. 55(3) inserted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-1760f1c9f921e4a043f5660d8063f04c]: Sch. 15 para. 71(2) omitted (21.7.2017) by virtue of The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^M_F_c7a2df20-51e2-4d0e-b606-dbc34b5492df]: Sch. 15 para. 61E renumbered (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^M_F_2ac3fe10-4ef9-4c5a-d031-435ea85f9a63]: Words in Sch. 15 para. 59(3) inserted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^M_F_aa68f22d-41f0-4ee8-9a6e-a2b8d26b3eb2]: Words in Sch. 15 para. 50(1) substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^M_F_29739059-ebb3-4d67-d575-25700de05b39]: Words in Sch. 15 para. 50(1) substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-a1317bf18b1f1ca6fe01189b350d28b4]: Sch. 15 paras. 61A, 61B inserted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), arts. 1, 2

[^key-e6fd87afa453ea53772ec4b85f1481c7]: Words in Sch. 11 substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-d3f5101cf7455f263d7cbb372b2fd6c5]: Words in Sch. 12 Pt. 1 substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-13db9fe5598ad1c0566461cc92816df4]: Words in Sch. 12 Pt. 2 substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-3fbed85d08cd2712515f7e0824888610]: Words in Sch. 12 Pt. 2 inserted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-57853f23f8b9d1a4b15d895f9713810d]: Word in Sch. 2 Pt. 1 substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-00c2ec32f86218fae286235e5efcd6c0]: Words in Sch. 2 Pt. 1 omitted (21.7.2017) by virtue of The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-701249eb2ac86f1f0d16dd7f5d8acb94]: Word in Sch. 2 Pt. 2 substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-23ad42c4f6e6b955889ca1646793481a]: Words in Sch. 2 Pt. 2 omitted (21.7.2017) by virtue of The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-eaf349c6643425c4277fa87e0fa647bb]: Word in Sch. 2 Pt. 3 substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-4fff0b2e127b663b85879e3ad92c9dcc]: Words in Sch. 2 Pt. 3 substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-8d223c6448dc7069e65ec52869b7900e]: Words in Sch. 2 Pt. 3 omitted (21.7.2017) by virtue of The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^M_F_255d9f82-c3d1-47d8-ee25-fffb7978d801]: Words in Sch. 2 Pt. 4 substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^M_F_b5d248c1-a9d6-41c4-9d4c-31139c9d4244]: Words in Sch. 2 Pt. 4 omitted (21.7.2017) by virtue of The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^M_F_9cbe2ce4-781b-4998-9e40-aaa69a843ae7]: Words in Sch. 2 Pt. 5 substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^M_F_83a62be4-e19b-4c6c-9805-4a4dc42238d0]: Words in Sch. 2 Pt. 5 omitted (21.7.2017) by virtue of The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^M_F_b5154701-77a6-4fad-9d68-37fb3988ac70]: Words in Sch. 2 Pt. 6 substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^M_F_dd74cbd9-0f54-48d0-e217-907f63130d75]: Words in Sch. 2 Pt. 6 omitted (21.7.2017) by virtue of The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^M_F_00d9950b-8831-44c1-b74e-b343f623cbf7]: Words in Sch. 2 Pt. 7 substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^M_F_db365966-f43d-449f-8231-8430268b4bfd]: Words in Sch. 2 Pt. 7 omitted (21.7.2017) by virtue of The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^M_F_03e241b6-be52-4641-b29f-f1b50b7e0345]: Words in Sch. 2 Pt. 8 substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^M_F_919b9af5-e9da-46d5-9672-2a3b4393a69e]: Words in Sch. 2 Pt. 8 omitted (21.7.2017) by virtue of The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^M_F_ed5fd9e4-8f5f-41a6-9209-399b89461058]: Words in Sch. 2 Pt. 10 substituted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^M_F_d1451327-6b37-48f1-c0e4-8b03a28fbd56]: Words in Sch. 2 Pt. 10 inserted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^M_F_d6a14742-23ed-4659-c4b7-072556bde0cd]: Words in Sch. 15 para. 55(1) omitted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^M_F_ffbb752e-949c-48d7-ab1e-fe00117b566a]: Words in Sch. 15 para. 59(3)(c) omitted (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^M_F_ec84bf2d-ae7a-4b21-e617-b53163de07ed]: Sch. 15 para. 61C renumbered (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^M_F_ddec413c-f8e5-4ac7-992e-bd442c9bade2]: Sch. 15 para. 61D renumbered (21.7.2017) by The National Grid (Hinkley Point C Connection Project) (Correction) Order 2017 (S.I. 2017/786), art. 1, Sch.

[^key-3e8c89b27e02de1cbc684a98a772a429]: Words in Sch. 15 Pt. 2 para. 8(2) omitted (28.12.2017) by virtue of The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 4 para. 57(2)(a)(i)

[^key-a27c4e14509b16e4c2bac8298d2560a7]: Words in Sch. 15 Pt. 2 para. 8(2) substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 4 para. 57(2)(a)(ii)

[^key-07c8c7c9c55deab3e625fec540817e7a]: Words in Sch. 15 Pt. 2 para. 8(2) inserted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 4 para. 57(2)(a)(iii)

[^key-836ed2540366d8ea6f22b0e4732c49e6]: Words in Sch. 15 Pt. 2 para. 9 substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 4 para. 57(2)(b)

59

(1) Unless BPC agrees otherwise, National Grid and WPD must give up possession of each part of BPC’s land in respect of which any powers of temporary possession have been exercised within 3 months of completion of construction of the relevant part of the authorised development for which possession of that land was required as specified in the works programme, and having completed all works of removal, restoration and reinstatement in respect of that land required by this Order.

(2) Without limitation on the scope of their respective obligations under paragraphs (5) and (6) of article 29 and paragraphs (5) and (6) of article 30, National Grid or WPD must consult with BPC in relation to the proposed extent of the intended removal of foundations supporting pylons on BPC’s land which are to be removed as part of Work No. 4G and Work No. 4P.

(3) Despite any provision of this Order, before giving up possession of any part of BPC’s land in respect of which any powers of temporary possession have been exercised, National Grid and WPD must, all to BPC’s reasonable satisfaction —

(a) remove all temporary works from that land;

(b) where foundations (including piles) which had been placed in that land to support pylons, electric lines or other apparatus belonging to National Grid or WPD are removed from BPC’s land pursuant to Schedule 1 (authorised development), to the extent reasonably practicable, reinstate the ground to match the surrounding area in relation to both specification and appearance; and

(c) otherwise restore and reinstate the land and any buildings and structures on the land to the condition they were in before possession was taken and make good any damage caused to surrounding land ... .

60

Acquisition and use of land

61A

The undertaker must not exercise the powers conferred by—

(a) article 17 (protective work to buildings);

(b) article 19 (compulsory acquisition of land);

(d) article 23 (extinguishment and suspension of private rights);

(e) article 26 (acquisition of subsoil or airspace only);

(f) article 28 (rights under or over streets); or

(g) article 31 (temporary use of land for maintaining the authorised development),

over or in respect of any of BPC’s land unless the exercise of such powers is with the consent of BPC.

Procedure regarding certain approvals etc.

61B

Article 46 (3) and paragraphs 3, 4 and 5 of Schedule 4 (discharge of requirements) will not apply in relation to any consent, agreement or approval from BPC required under this Order.

Trees and other vegetation

61C

General

61D

61E

The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and the Port Authority.

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