The Meaford Gas Fired Generating Station Order 2016

• “the engineer” means an engineer appointed by the Trust for the purpose in question;

• “plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction) and programmes;

• “practical completion” means practical completion of all of the specified work notwithstanding that items which would ordinarily be considered snagging items remain outstanding, and the expression “practically complete” and “practically completed” are to be construed accordingly;

• “protective work” means a work constructed under paragraph 52(3)(a);

• “specified work” means so much of any of the authorised works as is situated upon, across, under, over or within 15 metres of, or may in any way affect the waterway;

• “towing path” means the towing path forming part of the waterway;

• “the Trust” means the Canal & River Trust;

• “the Trust’s network” means the Trust’s network of waterways; and

• “the waterway” means the Trent and Mersey Canal, and includes any works, lands or premises belonging to the Trust, or under its management or control, and held or used by the Trust in connection with that waterway only.

Powers requiring Canal & River Trust consent

48

• (1) The undertaker must not in the exercise of the powers conferred by this Order obstruct or interfere with pedestrian or vehicular access to the waterway unless such obstruction or interference with such access is with the consent of the Trust.

• (2) The undertaker must not exercise the powers conferred by article 12 (temporary prohibition or restriction of use of streets) in relation to any way over land comprised in the waterway unless such exercise is with the consent of the Trust.

• (3) The undertaker must not exercise any power conferred by this Order in such a way as to interfere with the supply of water to or the drainage of water from the waterway unless such exercise is with the consent of the Trust.

• (4) The undertaker must not exercise the powers conferred by section 271 of the Town and Country Planning Act 1990, in respect of any right of access to the waterway, unless such exercise is with the consent of the Trust.

• (5) The consent of the Trust under sub-paragraphs (1) to (4) must not be unreasonably withheld or delayed but may be given subject to reasonable terms and conditions which in the case of article 16 (discharge of water) may include conditions—

• (a) specifying the maximum volume of water which may be discharged in any period; and

• (b) authorising the Trust on giving reasonable notice (except in an emergency, when the Trust may require immediate suspension) to the undertaker to require the undertaker to suspend the discharge of water or reduce the flow of water where this is necessary by reason of any operational or environmental requirement of the Trust.

Vehicles, plant and machinery

49

The undertaker must not use any land or property of the Trust forming part of the waterway for the passage or siting of vehicles, plant or machinery employed in the construction of the specified works other than—

• (a) with the consent in writing of the engineer whose consent must not be unreasonably withheld or delayed; and

• (b) subject to compliance with such reasonable requirements as the engineer may from time to time specify—

• (i) for the prevention of detriment; or

• (ii) in order to avoid or reduce any inconvenience to the Trust, its officers and agents and all other persons lawfully on such land or property,

but nothing in this paragraph applies in relation to anything done in accordance with any approval given by the Trust under paragraph 53 (design of works).

Fencing

50

Where so required by the engineer the undertaker must to the reasonable satisfaction of the engineer fence off a specified work or a protective work or take such other steps as the engineer may reasonably require to be taken for the purpose of separating a specified work or a protective work from the waterway, whether on a temporary or permanent basis or both.

Survey of waterway

51

• (1) Before the commencement of the initial construction of any part of the specified works and again following practical completion of the specified works the undertaker must appoint a qualified engineer (“the surveyor”), to be approved by the Trust and must bear the reasonable cost of the carrying out by the surveyor of a topographical survey (including a dip-survey to measure the depth of the waterway) (“the survey”) of so much of the waterway and of any land and existing works of the undertaker which may provide support for the waterway as will or may be affected by the specified works.

• (2) For the purposes of the survey the undertaker must—

• (a) on being given reasonable notice (except in case of emergency, when immediate access must be afforded) afford reasonable facilities to the surveyor for access to the site of the specified works and to any land and to existing works of the undertaker which may provide support for the waterway as will or may be affected by the specified works; and

• (b) supply the surveyor as soon as reasonably practicable with all such information as the surveyor may reasonably require with regard to such existing works of the undertaker and to the specified works or the method of their construction.

• (3) The reasonable costs of the survey are to include the costs of any dewatering or reduction of the water level of any part of the waterway (where reasonably required) which may be effected to facilitate the carrying out of the survey and the provisions of this part of this Schedule apply with all necessary modifications to any such dewatering or reduction in the water level as though the same were specified works.

• (4) Copies of the report of the survey must be provided to both the Trust and the undertaker at no cost to the Trust.

Approval of plans, protective works etc.

52

• (1) The undertaker must before commencing construction of any specified work including any temporary works supply to the Trust proper and sufficient plans of that work and such further particulars available to it as the Trust may within 14 days of the submission of the plans reasonably require for the approval of the engineer and must not commence such construction of a specified work until plans of that work have been approved in writing by the engineer or settled by arbitration.

• (2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld or delayed, and if within 28 days after such plans (including any other particulars reasonably required under sub-paragraph (1)) have been supplied to the Trust the engineer has not intimated disapproval of those plans and the grounds of disapproval the engineer is deemed to have approved the plans as submitted.

• (3) When signifying approval of the plans the engineer may specify—

• (a) any protective work (whether temporary or permanent) which in the reasonable opinion of the engineer should be carried out before the commencement of a specified work to prevent detriment; and

• (b) such other requirements as may be reasonably necessary to prevent detriment,

and such protective works must be constructed by the undertaker or by the Trust at the undertaker’s request without unnecessary delay and the undertaker must not commence the construction of a specified work until the engineer has notified the undertaker that the protective works have been completed to the engineer’s reasonable satisfaction.

• (4) The undertaker must pay to the Trust a capitalised sum representing the reasonably increased or additional cost of maintaining and, when necessary, renewing any works, including any permanent protective works provided under sub-paragraph (3), and of carrying out any additional dredging of the waterway necessitated by the exercise of any of the powers of this Order but if the cost of maintaining the waterway, or of works of renewal of the waterway, is reduced in consequence of any such works, a capitalised sum representing such reasonable saving must be set off against any sum payable by the undertaker to the Trust under this paragraph 52.

• (5) In the event that the undertaker fails to complete the construction of, or part of, the specified works the Trust may, if it is reasonably required in order to avoid detriment, construct any of the specified works, or part of such works, (together with any adjoining works) in order to complete the construction of, or part of, the specified works or make such works and the undertaker must reimburse the Trust all costs, fees, charges and expenses it has reasonably incurred in carrying out such works.

Design of works

53

Without affecting its obligations under the provisions of this part of this Schedule the undertaker must consult, collaborate and respond constructively to any approach, suggestion, proposal or initiative made by the Trust on—

• (a) the design and appearance of the specified works, including the materials to be used for their construction; and

• (b) the environmental effects of the specified works,

and must have regard to such views as may be expressed by the Trust to the extent that these accord with the requirements of the relevant planning authority in response to such consultation pursuant in particular to the requirements imposed on the Trust by section 22 (general environmental and recreational duties) of the British Waterways Act 1995[^f00029] and to the interest of the Trust in preserving and enhancing the environment of its waterways.

Notice of works

54

The undertaker must give to the engineer 28 days’ notice of its intention to commence the construction of any of the specified or protective works, or, in the case of repair carried out in an emergency, such notice as may be reasonably practicable so that, in particular, the Trust may where appropriate arrange for the publication of notices bringing those works to the attention of users of the Trust’s network.

Lighting

55

The undertaker must provide and maintain at its own expense in the vicinity of the specified or protective works such temporary lighting and such signal lights for the control of navigation as the engineer may reasonably require during the construction or failure of the specified or protective works.

Construction of specified works

56

• (1) Any specified or protective works must, when commenced, be constructed—

• (a) without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled in accordance with this part of this Schedule and with any requirements made under paragraph 52(3) (approval of plans) and paragraph 54 (notice of works);

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

• (c) in such manner as to cause as little detriment as is reasonably practicable; and

• (d) in such manner as to cause as little inconvenience as is reasonably practicable to the Trust, its officers and agents and all other persons lawfully using the waterways, except to the extent that temporary obstruction has otherwise been agreed by the Trust.

• (2) Nothing in this Order authorises the undertaker to make or maintain any permanent works in or over the waterway so as to impede or prevent passage of any vessel which is of a kind (as to its dimensions) for which the Trust is required by section 105(1)(b) and (2) of the Transport Act 1968[^f00030] to maintain the waterway.

• (3) Following the completion of the construction of the specified works the undertaker must restore the waterway to a condition no less satisfactory than its condition immediately prior to the commencement of those works.

Prevention of pollution

57

The undertaker must not in the course of constructing a specified work or a protective work or otherwise in connection with those works do or permit anything which may result in the pollution of the waterway or the deposit of materials in it and must take such steps as the engineer may reasonably require to avoid or make good any breach of its obligations under this paragraph.

Access to work: provision of information

58

• (1) The undertaker on being given reasonable notice must—

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

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

• (2) The Trust on being given reasonable notice must—

• (a) at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by the Trust under this Schedule during their construction; and

• (b) supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them and the undertaker must reimburse the Trust’s reasonable costs in relation to the supply of such information.

Maintenance of works

59

If at any time after the completion of a specified work or a protective work, not being a work vested in the Trust, the Trust gives reasonable notice to the undertaker informing it that the state of maintenance of the work appears to the Trust such that the work is causing or likely to cause detriment, the undertaker must, on receipt of such notice, take such steps as may be reasonably necessary to put the work in such state of maintenance as not to cause such detriment and the Trust must afford the undertaker such access as is required in order for the undertaker to carry out any such works.

Repayment of Canal & River Trust fees, etc.

60

The undertaker must repay to the Trust all fees, costs, charges and expenses reasonably incurred by the Trust —

• (a) in constructing any protective works under the provisions of paragraph 52(3)(a);

• (b) in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of the construction or repair of a specified work and any protective works;

• (c) in respect of the employment during the construction of the specified works or any protective works of any inspectors, watchkeepers and other persons whom it is reasonably necessary to appoint for inspecting, watching and lighting any waterway and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of the specified works or any protective works; and

• (d) in bringing the specified works or any protective works to the notice of users of the Trust’s network.

Making good of detriment; compensation etc.

61

• (1) If any detriment is caused by the construction or failure of the specified works or the protective works if carried out by the undertaker, the undertaker (if so required by the Trust ) must make good such detriment and pay to the Trust all reasonable expenses to which the Trust may be put, and compensation for any loss which the Trust may sustain, in making good or otherwise by reason of the detriment.

• (2) The undertaker is responsible for and must make good to the Trust all costs, charges, damages, expenses and losses not otherwise provided for in this Schedule which may be occasioned to or reasonably incurred by the Trust—

• (a) by reason of the construction of a specified work or a protective work or the failure of such a work; 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 the construction of a specified work or a protective work.

• (3) The fact that any act or thing may have been done under the engineer’s supervision or in accordance with any directions or awards of an arbitrator does not (if it was done without negligence on the part of the Trust or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this paragraph.

• (4) The Trust must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of such a claim or demand is to be made without the prior consent of the undertaker.

Arbitration

62

Any difference arising between the undertaker and the Trust under this Schedule (other than a difference as to the meaning or construction of this Schedule) is to be referred to and settled by arbitration in accordance with article 36 (arbitration).

PART 5 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

63

• (1) For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator.

• (2) In this part of this Schedule—

• “the 2003 Act” means the Communications Act 2003([^f00031]);

• “conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system are to be construed in accordance with paragraph 1(3A)[^f00032] of that code;

• “electronic communications apparatus” has the same meaning as in the electronic communications code;

• “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act[^f00033];

• “electronic communications code network” means—so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; andan electronic communications network which the Secretary of State is providing or proposing to provide;

• “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act; and

• “operator” means the operator of an electronic communications code network.

64

• (1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works—

• (a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of an operator; or

• (b) there is any interruption in the supply of the service provided by an operator,

the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

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

• (3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

• (4) Any difference arising between the undertaker and the operator under this part of this Schedule must be referred to and settled by arbitration under article 36 (arbitration).

65

This Part of this Schedule does not apply to—

• (a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 of the 1991 Act; or

• (b) any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development.

66

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

PART 6 — FOR THE PROTECTION OF SP MANWEB

67

The following provisions of this Schedule have effect for the benefit of SP Manweb, unless otherwise agreed in writing between the undertaker and SP Manweb.

68

Nothing in this Order must prevent SP Manweb from accessing its apparatus known as Tower MW-PK3.

PART 7 — FOR THE PROTECTION OF BT GROUP PLC

69

• (1) For the protection of BT Group Plc the following provisions have effect, unless otherwise agreed in writing between the undertaker and BT Group Plc.

• (2) In this part of this Schedule—

• “the 2003 Act” means the Communications Act 2003[^f00034];

• “BT apparatus” means all boxes, cables, poles and plant, associated cabling or ducting or such other electronic communications apparatus as is owned by BT Group Plc;

• “BT apparatus map” means a map prepared by BT Group Plc showing the location of BT apparatus in or on the Order land;

• “BT Group Plc” means British Telecommunications Public Limited Company (Company Registration Number 01800000) whose registered office is at 81 Newgate Street, London, EC1A 7AJ which is an electronic communications code operator;

• “Click Before You Dig” means the team within BT Group Plc charged with providing assistance to members of the general public in order to locate BT apparatus on land and includes any successor team within BT Group Plc with the same remit;

• “electronic communications apparatus” has the same meaning as in the electronic communications code;

• “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act[^f00035];

• “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;

• “the highway” includes carriageways, verges, footpaths etc; and

• “Network Alterations team” means the team within BT Group Plc charged with carrying out planned diversion and protection works to BT apparatus and includes any successor team within BT Group Plc with the same remit.

70

• (1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works—

• (a) any damage is caused to any BT apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of BT Group Plc; or

• (b) there is any interruption in the supply of the service provided by BT Group Plc,

the undertaker must bear and pay the cost reasonably incurred by BT Group Plc in making good such damage or restoring the supply and make reasonable compensation to BT Group Plc for any other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

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

• (3) BT Group Plc must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

• (4) Any difference arising between the undertaker and BT Group Plc under this part of this Schedule must be referred to and settled by arbitration under article 36 (arbitration).

71

This part of this Schedule does not apply to—

• (a) any BT apparatus in respect of which the relations between the undertaker and BT Group Plc are regulated by the provisions of Part 3 of the 1991 Act; or

• (b) any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development.

72

Nothing in this part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and BT Group Plc in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

73

The undertaker must not enter into any underground structures owned by BT Group Plc without authorised BT Group Plc personnel.

74

The undertaker must confirm the location and nature of works arising from the construction of the authorised development which, in the undertaker’s reasonable opinion, are likely to affect BT apparatus within or immediately adjacent to the Order land by contacting the Network Alterations team with detailed plans of the works and to check what alterations to BT apparatus (if any) may be required.

75

Prior to any works commencing or the moving of heavy plant or equipment over BT apparatus within or immediately adjacent to the Order land, the undertaker must confirm details of such BT apparatus with a representative from Click Before You Dig who will provide a map(s) showing the location of BT apparatus within or immediately adjacent to the Order land.

76

In the event that any BT apparatus within or immediately adjacent to the Order land is likely to be placed at risk, either temporarily or permanently because of the movement of plant or equipment or both pursuant to the authorised development, the undertaker must contact a Network Alterations team representative.

77

In the event that works undertaken by the undertaker pursuant to the authorised development necessitate a change in level of the frames and covers comprised within BT apparatus, the undertaker must seek consent from a Network Alterations team representative to carry out such works.

78

Where the BT apparatus map(s) show(s) BT apparatus within or immediately adjacent to the Order land, the undertaker must contact Click Before You Dig before commencing works on or moving plant or equipment onto the Order land, to ensure that any sub-surface BT apparatus can be located and marked up by BT Group Plc.

79

Protection measures for BT apparatus within or immediately adjacent to the Order land and which may be affected by the authorised development must be approved in advance by Click Before You Dig. In carrying out the authorised development, the undertaker must take reasonable care in the protection of BT apparatus comprising optical fibre or co-axial cabling or both and use reasonable endeavours to avoid disturbing BT apparatus.

80

Prior written notice must be provided to Click Before You Dig of any excavating or backfilling proposed by the undertaker around BT apparatus, so that BT Group Plc representatives can attend the Order land if necessary. Unless alternative protection is agreed with Click Before You Dig or a Network Alterations team representative in advance, the normal depth of cover for BT apparatus underground of 350mm in footways and 600mm in carriageways must be maintained by the undertaker. Where the undertaker considers that it can not maintain the relevant depth of BT apparatus, the undertaker must provide written notice to Click Before You Dig, and BT Group Plc may, if reasonable in all the circumstances, within 14 days notify the undertaker in writing that it requires the undertaker to divert the BT apparatus at the undertaker’s expense.

81

All excavation works undertaken by the undertaker immediately adjacent to BT apparatus within or immediately adjacent to the Order land is to be carried out by hand until the extent and location of the BT apparatus is known. Mechanical borers or excavators or both must not be used within 1 metre of BT Apparatus (2 metres if it is a pole) without the prior approval of a BT Group Plc representative.

82

To prevent any movement of BT apparatus within or immediately adjacent to the Order land during any excavation as part of the construction of the authorised development, structural support is to be used as directed by Click Before You Dig or the Network Alteration team if the excavation is—

• (a) deeper than the immediately adjacent BT apparatus;

• (b) within 1 metre of BT apparatus in stable soil; or

• (c) within 5 metres of BT apparatus in unstable soil.

83

The undertaker must notify Click Before You Dig in advance of carrying out any of the following methods of construction or site preparation as part of the authorised development on or in Order land that is immediately adjacent to BT apparatus or on or in Order land within which there is BT apparatus—

• (a) pile driving within 10 metres of BT apparatus;

• (b) using explosives within 20 metres of BT apparatus; or

• (c) using laser equipment within 10 metres of BT apparatus.

84

The undertaker will keep clear and unobstructed access to BT Group Plc manhole and joint box chambers within the Order land.

85

In the event of any damage to BT apparatus, the undertaker must immediately inform a BT Group Plc representative.

PART 8 — FOR THE PROTECTION OF WPD

86

For the protection of WPD referred to in this part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and WPD.

87

• (1) In this part of this Schedule:-

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

• “apparatus” means any conduit overhead lines cables ducts pipes or other apparatus or equipment belonging to or maintained by WPD for the purposes of electricity transmission and its distribution and includes any structure in which apparatus is or will 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;

• “plan” or “plans” includes all designs, drawings, specifications, method statements, programmes, calculations, risk assessments and other documents that are reasonably necessary to properly and sufficiently describe and assess the works to be executed;

• “specified work” means so much of any of the authorised development that will or may be situated on any land either owned by WPD or in respect of which WPD has an easement or wayleave for its apparatus (save that this shall not include any easement or wayleave for its apparatus arising from the Licence to Retain Assets dated 30 March 1990 between the Central Electricity Generating Board (National Power Division) and the Midlands Electricity Board) or any other interest or to carry out any works within 3 metres of any apparatus;

• “WPD” means Western Power Distribution (West Midlands) Plc (Company Registration Number 03600574) whose registered office is at Avonbank, Feeder Road, Bristol, BS2 0TB in its capacity as a licence holder within the meaning of Part 1 of the Electricity Act 1989;

• (2) This Schedule does not apply to apparatus in respect of which the relations between the undertaker and WPD are regulated by the provisions of Part 3 of the 1991 Act.

88

Notwithstanding the temporary prohibition or restriction under the powers of article 12 (temporary prohibition or restriction of use of streets), WPD shall be at liberty at all times to take all necessary access across any such street and/or to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the prohibition or restriction was in that street.

89

Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement (such agreement not to be unreasonably withheld or delayed).

90

• (1) 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 or over which access to any apparatus is enjoyed or requires that WPD’s apparatus is relocated or diverted, that apparatus must not be removed under this part of this Schedule, and any right of WPD to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of WPD in accordance with subparagraphs (2) to (7).

• (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, the undertaker must give to WPD written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order WPD reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to WPD the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, WPD must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use all reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between WPD and the undertaker or in default of agreement settled by arbitration in accordance with paragraph 96.

• (5) WPD must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with paragraph 96, and after the grant to WPD of any such facilities and rights as are referred to in sub-paragraph (2) or (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 of this Schedule.

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

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

91

• (1) Where, in accordance with the provisions of this part of this Schedule, the undertaker affords to WPD facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and WPD or in default of agreement settled by arbitration in accordance with paragraph 96.

• (2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to WPD than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to WPD as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

92

• (1) Not less than 60 days before the undertaker intends to start the execution of any specified work, the undertaker must submit to WPD a plan, section and description of the works to be executed.

• (2) The undertaker shall not commence any works to which sub-paragraph (1) applies until WPD has given written approval of the plan so submitted, such approval not to be unreasonably withheld or delayed.

• (3) Within a period of 60 days from the date on which a plan, section and description has been received by WPD pursuant to paragraph 93(1), WPD shall advise the undertaker in writing whether any amendments to the plan, section or description of the specified works are reasonably required or whether it reasonably requires any additional measures to be taken by the undertaker to ensure the satisfactory protection of its apparatus or to secure access to it. If by the expiry of the 60 days WPD has not advised the undertaker in writing of its approval or disapproval of the plans, it shall be deemed to have approved the plans, sections or descriptions as submitted.

• (4) Any works to which sub-paragraph (1) applies must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) (as the same may be amended pursuant to sub-paragraph (6)) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by WPD for the protection of the apparatus, or for securing access to it, and WPD is entitled to watch and inspect the execution of those works.

• (5) At all times when carrying out any works authorised under the Order the undertaker shall comply with WPD’s Avoidance of Danger from Electricity Overhead Lines and Underground Cables (2014), the Energy Network Associations’ AGuide to the Safe Use of Mechanical Plant in the Vicinity of Electricity Overhead Lines (undated), the Health and Safety Executive’s GS6 Avoiding danger from overhead power lines and the Health and Safety Executive’s HSG47 Avoiding danger from underground services (Third Addition)(2014), as the same may be replaced from time to time.

• (6) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 60 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.

• (7) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to WPD 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.

93

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any specified work any damage is caused to any apparatus or property of WPD, or there is any interruption in any services provided by WPD, or WPD becomes liable to pay any amount to any third party, the undertaker shall—

• (a) bear and pay on demand the cost reasonably incurred by WPD in making good such damage or restoring the supply; and

• (b) indemnify WPD for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from WPD, by reason or in consequence of any such damage or interruption or WPD becoming liable to any third party as aforesaid.

• (2) Nothing in sub-paragraph (1) shall impose any liability on the undertaker in respect of—

• (a) any damage or interruption to the extent that it is attributable to the neglect or default of WPD, its officers, servants, contractors or agents; and

• (b) any authorised development and/or any other works authorised by this Schedule carried out by WPD as an assignee, transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 of the 2008 Act or under article 6 of the Order subject to the proviso that once such works become apparatus (“new apparatus”), any works yet to be executed and not falling within this sub-section (b) shall be subject to the full terms of this Schedule including this paragraph 94 in respect of such new apparatus.

• (3) WPD shall give the undertaker reasonable notice of any such claim or demand and no settlement or compromise shall be made without first consulting the undertaker and considering its representations.

94

The undertaker must repay to WPD the reasonable expenses incurred by WPD in, or in connection with, the inspection or protection of any apparatus which may be required pursuant to paragraphs 90(6) or 92(4) of this Part.

95

Nothing in this part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and WPD in respect of any apparatus laid or erected in the Order land on the date on which this Order is made.

96

• (1) Subject to paragraph 96(2), any difference or dispute arising between the undertaker and WPD arising out of or in connection with this Schedule shall, unless otherwise agreed in writing between the undertaker and WPD, be referred to and finally resolved by arbitration pursuant to the arbitration rules of the Electricity Arbitration Association in force from time to time. The seat, or legal place, of arbitration shall be London, England.

• (2) If any legal proceedings are commenced in a court by a third party against either the undertaker or WPD (the Defendant Contracting Party), the Defendant Contracting Party may seek to bring a claim in those proceedings against the other Party which would otherwise be a claim referable to arbitration by virtue of paragraph96(1) and the court in which legal proceedings has been commenced may determine such a claim between the undertaker and WPD provided that no arbitration has been commenced between the Parties prior to the commencement of legal proceedings involving the same or substantially the same issues raised by or involved in such a claim.

SCHEDULE 8 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirements

1

• (1) Where an application has been made to the relevant authority for any consent, agreement or approval required by a requirement (including agreement or approval in respect of part of a requirement) included in this Order the relevant authority must give notice to the undertaker of their decision on the application within a period of eight weeks beginning with—

• (a) the day immediately following that on which the application is received by the authority;

• (b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 2; or

• (c) such longer period as may be agreed by the undertaker and the relevant authority in writing.

• (2) In the event that the relevant authority does not determine an application within the period set out in sub-paragraph (1), the relevant authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period.

Further information

2

• (1) In relation to any part of the application to which this Schedule applies, the relevant authority has the right to request such further information from the undertaker as is necessary to enable it to consider the application.

• (2) In the event that it considers such further information to be necessary the relevant authority must, within twenty eight days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates. In the event that the relevant authority does not give such notification within this twenty eight day period it is deemed to have sufficient information to consider the application and thereafter is not entitled to request further information without the prior agreement of the undertaker.

• (3) Where further information is requested under this paragraph 2 in relation to part only of an application, that part is to be treated as separate from the remainder of the application for the purposes of calculating time periods in paragraph 1(1)(b) and this paragraph 2.

Appeals

3

• (1) The undertaker may appeal in the event that—

• (a) the relevant authority refuses an application for any consent, agreement or approval required by an article or requirement included in this Order or grants it subject to conditions;

• (b) on receipt of a request for further information pursuant to paragraph 2 the undertaker considers that either the whole or part of the specified information requested by the relevant authority is not necessary for consideration of the application; or

• (c) on receipt of any further information requested, the relevant authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.

• (2) The appeal process is to be as follows—

• (a) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the relevant authority and any requirement consultee;

• (b) the Secretary of State must appoint a person as soon as reasonably practicable after receiving the appeal documentation and must forthwith notify the appeal parties of the identity of the appointed person and the address to which all correspondence for his attention should be sent;

• (c) the relevant authority and any requirement consultee must submit written representations to the appointed person in respect of the appeal within twenty six days of the start date and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

• (d) the appeal parties must make any counter-submissions to the appointed person within twenty six days of receipt of written representations pursuant to sub-paragraph (c) above; and

• (e) the appointed person must make his decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable and in any event within forty days of the deadline for the receipt of counter-submissions pursuant to sub-paragraph (d).

The appointment of the person pursuant to sub-paragraph (b) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

• (3) In the event that the appointed person considers that further information is necessary to enable him to consider the appeal he must, within twelve days of his appointment, notify the appeal parties in writing specifying the further information required.

• (4) Any further information required pursuant to sub-paragraph (3) must be provided by the undertaker to the appointed person, the relevant authority and any requirement consultee on the date specified by the appointed person (the “specified date”), and the appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within fourteen days of the specified date but must otherwise be in accordance with the process and time limits set out in sub-paragraph (2)(c) to (e).

• (5) On an appeal under this paragraph, the appointed person may—

• (a) allow or dismiss the appeal; or

• (b) reverse or vary any part of the decision of the relevant authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to him in the first instance.

• (6) The appointed person may take into account written representations that have been sent outside of the relevant time limits but the appointed person must proceed to a decision within the time limits set by this Schedule.

• (7) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to him that there is sufficient material to enable a decision to be made on the merits of the case.

• (8) The decision of the appointed person on an appeal is to be final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

• (9) If an approval is given by the appointed person pursuant to this Schedule, it is deemed to be an approval for the purpose of Schedule 1 (authorised works) of this Order as if it had been given by the relevant authority. The relevant authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not be taken to affect or invalidate the effect of the appointed person’s determination.

• (10) Save where a direction is given pursuant to sub-paragraph (11) requiring the costs of the appointed person to be paid by the relevant authority, the reasonable costs of the appointed person must be met by the undertaker.

• (11) On application by the relevant authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to Planning Practice Guidance: Appeals (March 2014) or any guidance which may from time to time replace it.

4

In this Schedule—

• “relevant authority” means the relevant planning authority, relevant highway authority, traffic authority, street authority, or the owner of a watercourse, sewer or drain as may be appropriate to the consent, agreement or approval sought; and

• “Secretary of State” means the Secretary of State for Communities and Local Government.

SCHEDULE 9 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Location	(2) Number of land shown on land plans	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the authorised development
Rail Bridge 104, located to the east of Meaford Business Park, comprising approximately 110.94 sqm of rail bridge and bridge deck	GC3	Temporary use to facilitate construction for numbered work 2B	Numbered work 2B
Canal Bridge 101 (Malkin’s Bridge), located on the Trent and Mersey Canal, located to the east of Meaford Business Park, comprising approximately 52.72sqm of canal bridge and bridge deck	GC5	Temporary use to facilitate construction for numbered work 2B	Numbered work 2B

Signed

Signed by authority of the Secretary of State for Business, Energy and Industrial Strategy

Giles Scott — Head of Energy Infrastructure Planning and Coal Liabilities — Department for Business, Energy and Industrial Strategy — 19th July 2016

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Meaford Energy Limited (referred to in this Order as the undertaker) to construct, operate and maintain a gas fired electricity generating station of up to 299 MW. The Order would permit the undertaker to acquire, compulsorily or by agreement, rights in land and to use land for this purpose.

A copy of the Order plans and the book of reference mentioned in this Order and certified in accordance with article 33 of this Order (certification of plans) may be inspected free of charge during working hours at Stafford Borough Council at Civic Centre, Riverside, Stafford ST16 3AQ.

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]: 1981 c. 67.

[^f00011]: 2003 c. 21.

[^f00012]: 1989 c. 29. Section 6 was amended by section 30 of the Utilities Act 2000 (c.27), and section 6(10) amended by section89(3) of the Energy Act 2004 (c.20). There are other amendments to the section that are not relevant to this Order.

[^f00013]: 1986 c. 44. Section 7 was amended by section 5 of the Gas Act 1995 (c.45) and section 76(2) of the Utilities Act 2000 (c.27). There are other amendments to the section that are not relevant to this Order.

[^f00014]: 1990 c. 43. Section 82 was amended by section 103 of the Clean Neighbourhoods and Environment Act 2005 (c.16); Section 79 was amended by sections 101 and 102 of the same Act.

[^f00015]: 1974 c. 40. Section 60 was amended by section 7(3)(a)(4)(g) of the Public Health (Control of Disease) Act 1984 (c.22) and section 112(1)(3) of the Electricity Act 1989; Sections 61 and 65 were amended by section 133 and Schedule 7 to the Building Act 1984 (c.55), section 120 and Schedule 24 to the Environment Act 1995 (c.25) and section 162 and Schedule 15 to the Environmental Protection Act 1990. There are other amendments not relevant to this Order.

[^f00016]: 2004 c.18. There are amendments to this Act not relevant to this Order.

[^f00017]: 1991 c. 56. Section 106 was amended by sections 43(2) and 35(8)(a) and paragraph 1 of Schedule 2 to the Competition and Service (Utilities) Act 1992 (c.43) and sections 99(2), (4), (5)(a), (5)(b),(5)(c) and 36(2) of the Water Act 2003 (c.37).

[^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 as amended by S.I. 2009/3104.

[^f00021]: 1978 c.30. Section 7 was amended by paragraph 19 of Schedule 10 to the Road Traffic Regulation Act 1984 (c.27). There are other amendments not relevant to this Order.

[^f00022]: S.I. 2009/2264, as amended by S.I. 2014/2381.

[^f00023]: 1973 c.26.

[^f00024]: 1989 c.29.

[^f00025]: 1991 c.56. Section 51A to the 1991 Act was inserted by section 92(1) of the Water Act 2003(c.37).

[^f00026]: 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).

[^f00027]: 1993 c. 43.

[^f00028]: 2006 c. 46.

[^f00029]: 1995 c.i.

[^f00030]: 1968 c.73.

[^f00031]: 2003 c.21.

[^f00032]: Paragraph 1(3A) was inserted by section 106(2) of, and paragraphs 1 and 4 of Schedule 3 to, the Communications Act 2003.

[^f00033]: See section 106.

[^f00034]: 2003 c.21.

[^f00035]: See section 106.

Apparatus of National Grid in streets subject to temporary prohibition or restriction

Acquisition of land

Removal of apparatus

Facilities and rights for alternative apparatus

Retained apparatus: protection of National Grid as Gas Undertaker

Expenses

Indemnity

Enactments and agreements

Co-operation

Access

Arbitration

Editorial notes

[^key-16307c97fba083030baf9413fc2a1cc4]: Art. 1 in force at 2.8.2016, see art. 1

[^key-5664f7f39cd3fae07fad0777aeab4000]: Art. 2 in force at 2.8.2016, see art. 1

[^key-f2c93c0fbb49750c9947144f17a7e1a3]: Art. 3 in force at 2.8.2016, see art. 1

[^key-98ee703fc36116cd443f9cc97960f723]: Art. 4 in force at 2.8.2016, see art. 1

[^key-48d9d2b0fc6ae65e477b8aa12e20a2f4]: Art. 5 in force at 2.8.2016, see art. 1

[^key-de28ddca7bee019739ec836c09e88f80]: Art. 6 in force at 2.8.2016, see art. 1

[^key-8578d20af771f90a14038aae046e91d3]: Art. 7 in force at 2.8.2016, see art. 1

[^key-c6a799dbaad8534138a6f0ebcbdae94c]: Art. 8 in force at 2.8.2016, see art. 1

[^key-054695e49ef795466736644fef393a02]: Art. 9 in force at 2.8.2016, see art. 1

[^key-55a7216f3278ce841b1e844cd9b1977f]: Art. 10 in force at 2.8.2016, see art. 1

[^key-f0d4c651c509b8b143b7eeeb0caa8597]: Art. 11 in force at 2.8.2016, see art. 1

[^key-7444ab12daafb25bdf2eaf85b1b2978d]: Art. 12 in force at 2.8.2016, see art. 1

[^key-354d577be4226b917c8724f399f4f695]: Art. 13 in force at 2.8.2016, see art. 1

[^key-ad008c533f95445ba1590f83e2231a1a]: Art. 14 in force at 2.8.2016, see art. 1

[^key-8c7ef529f2564ae6af5df4e90610f207]: Art. 15 in force at 2.8.2016, see art. 1

[^key-c2327bcdd3ca7422420db15ae71a6068]: Art. 16 in force at 2.8.2016, see art. 1

[^key-855769fb58f347c963a890eef56fc28c]: Art. 17 in force at 2.8.2016, see art. 1

[^key-f81f7aca4dbed7091b494117c0d81859]: Art. 18 in force at 2.8.2016, see art. 1

[^key-3d3e3943b72d109db1bac477bea067fb]: Art. 19 in force at 2.8.2016, see art. 1

[^key-f4664bf8aea875b06017b58bfb3874ed]: Art. 20 in force at 2.8.2016, see art. 1

[^key-19873a6e8c8291a1ef0fea603317946f]: Art. 21 in force at 2.8.2016, see art. 1

[^key-a32101571e69faf604218458955d7821]: Art. 22 in force at 2.8.2016, see art. 1

[^key-ff8ab1a4d84cd6fe8d921147f52131ae]: Art. 23 in force at 2.8.2016, see art. 1

[^key-9bd72b3b085232c59c8e85f3dfaac04a]: Art. 24 in force at 2.8.2016, see art. 1

[^key-1d20c3520948e987e74606a9a693587c]: Art. 25 in force at 2.8.2016, see art. 1

[^key-6c9d0eca8be8c8d318d9dea32c12d8b3]: Art. 26 in force at 2.8.2016, see art. 1

[^key-34f400e3af7108274670f9d9806dbaf6]: Art. 27 in force at 2.8.2016, see art. 1

[^key-ccef0d578a9a6901ee61204cf0ade632]: Art. 28 in force at 2.8.2016, see art. 1

[^key-f2c4db97ed26d58c8a6c78a8543f8910]: Art. 29 in force at 2.8.2016, see art. 1

[^key-e31db9587fc64e6526002af9f9667745]: Art. 30 in force at 2.8.2016, see art. 1

[^key-f8aa0661cf53223505ee6251ed8043d2]: Art. 31 in force at 2.8.2016, see art. 1

[^key-2d7769511647b12623cd5e29eb3730fe]: Art. 32 in force at 2.8.2016, see art. 1

[^key-a20b506cd719ad555026b6a653173ef6]: Art. 33 in force at 2.8.2016, see art. 1

[^key-058d384d9c1657065f9573a636824b28]: Art. 34 in force at 2.8.2016, see art. 1

[^key-3c3c3d1d1cf59bbfdc01e3bcfde69946]: Art. 35 in force at 2.8.2016, see art. 1

[^key-8c7c76f99e1dc9ce539c4b3553dbced7]: Art. 36 in force at 2.8.2016, see art. 1

[^key-85edf13400e27b9827e1e06fbe1d2639]: Sch. 2 para. 1 in force at 2.8.2016, see art. 1

[^key-a25f776dbe6f7c7c741113204789857f]: Sch. 2 para. 2 in force at 2.8.2016, see art. 1

[^key-c7712f09762fb7fa48f2f322bfdbc099]: Sch. 2 para. 3 in force at 2.8.2016, see art. 1

[^key-d54cb19cb2f19cab6a3a8d2e29a457df]: Sch. 2 para. 4 in force at 2.8.2016, see art. 1

[^key-475971cf0434de59b13a6257799dacfc]: Sch. 2 para. 5 in force at 2.8.2016, see art. 1

[^key-ff5828ab188676bceee71845206e582c]: Sch. 2 para. 6 in force at 2.8.2016, see art. 1

[^key-1f2023e3acd28313e456299eb30e5105]: Sch. 2 para. 7 in force at 2.8.2016, see art. 1

[^key-39cf7c05a6cc6e0904f90d1a23e432e4]: Sch. 2 para. 8 in force at 2.8.2016, see art. 1

[^key-bd125c0ded09e4c9a48ef68e0e9ea1e7]: Sch. 2 para. 9 in force at 2.8.2016, see art. 1

[^key-bb63ad00df4a8f793234732c799c9f88]: Sch. 2 para. 10 in force at 2.8.2016, see art. 1

[^key-49c2892b3a1154c20c89cee9104826d2]: Sch. 2 para. 11 in force at 2.8.2016, see art. 1

[^key-795904205fa4ef2f5e72d0348752acfc]: Sch. 2 para. 12 in force at 2.8.2016, see art. 1

[^key-3184527f84e543fd55d6a1030811f37c]: Sch. 2 para. 13 in force at 2.8.2016, see art. 1

[^key-dc1864679cf8281ab194fdbbe4c8a9e9]: Sch. 2 para. 14 in force at 2.8.2016, see art. 1

[^key-88806012a4b2857fc20cf6059a94b7b4]: Sch. 2 para. 15 in force at 2.8.2016, see art. 1

[^key-00761346d7732ddba0d306f930af0d03]: Sch. 2 para. 16 in force at 2.8.2016, see art. 1

[^key-6f7cda0ace60223958cfb42174a3a149]: Sch. 2 para. 17 in force at 2.8.2016, see art. 1

[^key-2e36e696a09a293fcbeea984b15bdf00]: Sch. 2 para. 18 in force at 2.8.2016, see art. 1

[^key-05ff12fecea094ad5bd22bf607e8439e]: Sch. 2 para. 19 in force at 2.8.2016, see art. 1

[^key-ace7be8c9867140464897fead841aed3]: Sch. 2 para. 20 in force at 2.8.2016, see art. 1

[^key-a87f1d2701f1694c60d6ee0365da21ab]: Sch. 2 para. 21 in force at 2.8.2016, see art. 1

[^key-4f7a20e611f3bd1cd1c7c8e5ba17fd71]: Sch. 2 para. 22 in force at 2.8.2016, see art. 1

[^key-255e46484b1ffd467368903bd9c37c0c]: Sch. 3 para. 1 in force at 2.8.2016, see art. 1

[^key-85664641693839b4e96f60af4811cb35]: Sch. 3 para. 2 in force at 2.8.2016, see art. 1

[^key-6223f39bf42b867f14931c1f418df3d3]: Sch. 3 para. 3 in force at 2.8.2016, see art. 1

[^key-f4b63ac1de439625130deb7c1dd77e0f]: Sch. 3 para. 4 in force at 2.8.2016, see art. 1

[^key-7c6236ebeff4c9a409b50d7985835aa0]: Sch. 3 para. 5 in force at 2.8.2016, see art. 1

[^key-3ca9382da82b2271f92bf247ffa7bd38]: Sch. 3 para. 6 in force at 2.8.2016, see art. 1

[^key-8173d387b9712060c91213ca28ce8a7d]: Sch. 3 para. 7 in force at 2.8.2016, see art. 1

[^key-894091435bee8330c8135e0ce63a592e]: Sch. 3 para. 8 in force at 2.8.2016, see art. 1

[^key-9e81595f8cbba2dd8b4db05bc2dd4e7a]: Sch. 3 para. 9 in force at 2.8.2016, see art. 1

[^key-aebf14bf6e04f1da1573d13cfb332323]: Sch. 7 para. 1 in force at 2.8.2016, see art. 1

[^key-7c0168e3996a0b6156e1c3c0a21eae76]: Sch. 7 para. 2 in force at 2.8.2016, see art. 1

[^key-c8948ab0a2105582c78b79e5cc4dc9f3]: Sch. 7 para. 3 in force at 2.8.2016, see art. 1

[^key-643e23aef1901568c9a88a8fe4ed2004]: Sch. 7 para. 4 in force at 2.8.2016, see art. 1

[^key-c92a5460bf91784188c1894c56955b85]: Sch. 7 para. 5 in force at 2.8.2016, see art. 1

[^key-9d1ba9cc9ff93e84f6e811bbf918eb57]: Sch. 7 para. 6 in force at 2.8.2016, see art. 1

[^key-5b9cb25c5dfe3abf44ddc25e846dd299]: Sch. 7 para. 7 in force at 2.8.2016, see art. 1

[^key-2f24257c6a6836ef219416b7667220f7]: Sch. 7 para. 8 in force at 2.8.2016, see art. 1

[^key-9091187577b9963b0822272463bc225f]: Sch. 7 para. 9 in force at 2.8.2016, see art. 1

[^key-0dfdf7f323712fa223f952b246b07698]: Sch. 7 para. 10 in force at 2.8.2016, see art. 1

[^key-f67dfe11313044b9cf076ef4a701bb14]: Sch. 7 para. 11 in force at 2.8.2016, see art. 1

[^key-ade57d7eb262c9c51ab47417690440af]: Sch. 7 para. 12 in force at 2.8.2016, see art. 1

[^key-779a40ef41bf892b7e069bc7e95ddfbc]: Sch. 7 para. 13 in force at 2.8.2016, see art. 1

[^key-223bbbb102a00fea217a696b592d6c76]: Sch. 7 para. 14 in force at 2.8.2016, see art. 1

[^key-800bca7401792c513ab5212480714aa4]: Sch. 7 para. 15 in force at 2.8.2016, see art. 1

[^key-ceb0fbaeefee44bc90e024720a43e9a1]: Sch. 7 para. 16 in force at 2.8.2016, see art. 1

[^key-efba7c9950abf89081249c32ee1a831c]: Sch. 7 para. 17 in force at 2.8.2016, see art. 1

[^key-b2c807abc57122de39014ce763de907c]: Sch. 7 para. 18 in force at 2.8.2016, see art. 1

[^key-93e05ace2deab6a766124a96abeb0cec]: Sch. 7 para. 19 in force at 2.8.2016, see art. 1

[^key-a1a2dd51a8b83d291aebb62f2928e43b]: Sch. 7 para. 20 in force at 2.8.2016, see art. 1

[^key-2c34eaae6f9e8017440311ca5ea5e437]: Sch. 7 para. 21 in force at 2.8.2016, see art. 1

[^key-1c9fb09835e7a89700a38a9107431c98]: Sch. 7 para. 22 in force at 2.8.2016, see art. 1

[^key-fac68c740ece05cc5876477ebb9c92bb]: Sch. 7 para. 23 in force at 2.8.2016, see art. 1

[^key-a34c7c28d5c8321b6d23f50de7599b43]: Sch. 7 para. 24 in force at 2.8.2016, see art. 1

[^key-ebcbfef28f208437ee0cdfd9ac636e2e]: Sch. 7 para. 25 in force at 2.8.2016, see art. 1

[^key-0f1f1a0e2b740c7c50bed97baf76e233]: Sch. 7 para. 26 in force at 2.8.2016, see art. 1

[^key-4bbaaa7b708b3d1d1ae725a0cce86de1]: Sch. 7 para. 27 in force at 2.8.2016, see art. 1

[^key-2e07b85c2732b602244c44d5c9586c72]: Sch. 7 para. 28 in force at 2.8.2016, see art. 1

[^key-522cd83394d043b346874d25f1e02960]: Sch. 7 para. 29 in force at 2.8.2016, see art. 1

[^key-acad21231c37c00a8904fff8c72dafc0]: Sch. 7 para. 30 in force at 2.8.2016, see art. 1

[^key-4bb4bf5af048a88cbe9e7aeaaa6893d4]: Sch. 7 para. 31 in force at 2.8.2016, see art. 1

[^key-1634f78c88d1ecec466f27fb1fa1970c]: Sch. 7 para. 32 in force at 2.8.2016, see art. 1

[^key-35df2c04362d66dc7b6825a099832054]: Sch. 7 para. 33 in force at 2.8.2016, see art. 1

[^key-96bc3171ab108b3c65b11a085e064fc7]: Sch. 7 para. 34 in force at 2.8.2016, see art. 1

[^key-6ed4998542fdd77428a82bd78e7c21c2]: Sch. 7 para. 35 in force at 2.8.2016, see art. 1

[^key-69dca8eebe28bc5770ad3814844f55e8]: Sch. 7 para. 36 in force at 2.8.2016, see art. 1

[^key-9e32f40f998bf1f5d06905e0c630d91b]: Sch. 7 para. 37 in force at 2.8.2016, see art. 1

[^key-6007001d2f1b7837bee3be4eb8428510]: Sch. 7 para. 38 in force at 2.8.2016, see art. 1

[^key-6201f67ade832b379ecd48da72070b49]: Sch. 7 para. 39 in force at 2.8.2016, see art. 1

[^key-60325f8bd2b2a2450611493c5b694d1f]: Sch. 7 para. 40 in force at 2.8.2016, see art. 1

[^key-37e7458aaaa4055dad579395426fb2e8]: Sch. 7 para. 41 in force at 2.8.2016, see art. 1

[^key-b3997a59516fa41ca73c51789de1b98a]: Sch. 7 para. 42 in force at 2.8.2016, see art. 1

[^key-d2fb93498a57633cb66eae2bf8d8a57d]: Sch. 7 para. 43 in force at 2.8.2016, see art. 1

[^key-f2a3c7fc96f526c4b2913f08b80b0f14]: Sch. 7 para. 44 in force at 2.8.2016, see art. 1

[^key-de0ec649293aaddc90bedec2158999a5]: Sch. 7 para. 45 in force at 2.8.2016, see art. 1

[^key-f8933270633b84d00614ca638ed61e38]: Sch. 7 para. 46 in force at 2.8.2016, see art. 1

[^key-ebae9a1b2b30bd71aee190b71772c03e]: Sch. 7 para. 47 in force at 2.8.2016, see art. 1

[^key-16880f11723b7fde7da87d396fffdbfc]: Sch. 7 para. 48 in force at 2.8.2016, see art. 1

[^key-3d62fa13f3e5f28bc445529e183e4023]: Sch. 7 para. 49 in force at 2.8.2016, see art. 1

[^key-8f857f7541e01cc1dd72d22a6c2e9073]: Sch. 7 para. 50 in force at 2.8.2016, see art. 1

[^key-dc757c6a450e3b27e9599a0a401e75f1]: Sch. 7 para. 51 in force at 2.8.2016, see art. 1

[^key-260319f904589b9a677f94060861dff7]: Sch. 7 para. 52 in force at 2.8.2016, see art. 1

[^key-ead92d18867d2d98fd2fefd08fbc5dba]: Sch. 7 para. 53 in force at 2.8.2016, see art. 1

[^key-1569260f169455978933ae82585f5eda]: Sch. 7 para. 54 in force at 2.8.2016, see art. 1

[^key-41a21c0e136c04ded33e2a18c5bb2182]: Sch. 7 para. 55 in force at 2.8.2016, see art. 1

[^key-3dcb75f5271717693bc58b1bea73c7b1]: Sch. 7 para. 56 in force at 2.8.2016, see art. 1

[^key-2c4357280af4052e6f79ea0c8ce8ed71]: Sch. 7 para. 57 in force at 2.8.2016, see art. 1

[^key-96115debd7f033640b7d39bc648e07d9]: Sch. 7 para. 58 in force at 2.8.2016, see art. 1

[^key-18efd62d6b797de5e52063c53aef523e]: Sch. 7 para. 59 in force at 2.8.2016, see art. 1

[^key-21b06b646c4f1a2f9f5157bd4ffc9aa9]: Sch. 7 para. 60 in force at 2.8.2016, see art. 1

[^key-96f9d14651e83827b3fe312b5e5a41a5]: Sch. 7 para. 61 in force at 2.8.2016, see art. 1

[^key-7e32c210e12428f7a3cebda97b801686]: Sch. 7 para. 62 in force at 2.8.2016, see art. 1

[^key-2ed7f5d26a53fe68afdbdb6d274dbb02]: Sch. 7 para. 63 in force at 2.8.2016, see art. 1

[^key-babef514a88d423c1ba703fb0a673ba9]: Sch. 7 para. 64 in force at 2.8.2016, see art. 1

[^key-93bb373312c1346db5f6769fe82615f2]: Sch. 7 para. 65 in force at 2.8.2016, see art. 1

[^key-10fffd82a095da65cf10cce9164a2655]: Sch. 7 para. 66 in force at 2.8.2016, see art. 1

[^key-4fc9155bf2330fd11d6ddb69bbefde3e]: Sch. 7 para. 67 in force at 2.8.2016, see art. 1

[^key-65de2a1265c77acc77f1472b358ec14d]: Sch. 7 para. 68 in force at 2.8.2016, see art. 1

[^key-a5e10d780e0b1bfba3f1d8848c19bf42]: Sch. 7 para. 69 in force at 2.8.2016, see art. 1

[^key-bcb0c993072e5c8c423c0e1257429751]: Sch. 7 para. 70 in force at 2.8.2016, see art. 1

[^key-7dc0974c34a31cb2dd30a7e639e5cab5]: Sch. 7 para. 71 in force at 2.8.2016, see art. 1

[^key-7a73fac64a63cee0b18de77c7f10e758]: Sch. 7 para. 72 in force at 2.8.2016, see art. 1

[^key-d2deadde1096ea17b4cd511d58fa1f06]: Sch. 7 para. 73 in force at 2.8.2016, see art. 1

[^key-28a89e8ba7108b773b6c1fa02bbcfc34]: Sch. 7 para. 74 in force at 2.8.2016, see art. 1

[^key-5d14d8d2b43358953dc5584fbb8ddb13]: Sch. 7 para. 75 in force at 2.8.2016, see art. 1

[^key-3e3af32e7a7e4221c9582c1285eb5c64]: Sch. 7 para. 76 in force at 2.8.2016, see art. 1

[^key-a764a97eef0faba6e170bde3258819e5]: Sch. 7 para. 77 in force at 2.8.2016, see art. 1

[^key-f00998456ce3b0ac61562e24f7378964]: Sch. 7 para. 78 in force at 2.8.2016, see art. 1

[^key-31e11a442464a5aa1eece2af49a1dd14]: Sch. 7 para. 79 in force at 2.8.2016, see art. 1

[^key-b96f0cdf41c59257eec7e3e1d0cbf2d5]: Sch. 7 para. 80 in force at 2.8.2016, see art. 1

[^key-2069b98a023b4313cc4c572f9bd85f29]: Sch. 7 para. 81 in force at 2.8.2016, see art. 1

[^key-c56afd76ae366666339fb7872467b4b9]: Sch. 7 para. 82 in force at 2.8.2016, see art. 1

[^key-0cbbec5fe451c770a9d0ef184077ad11]: Sch. 7 para. 83 in force at 2.8.2016, see art. 1

[^key-1c8959a1c5b85f69a2a51bdf55ff83fd]: Sch. 7 para. 84 in force at 2.8.2016, see art. 1

[^key-f830d6164528750c10192c3d07f8d7c9]: Sch. 7 para. 85 in force at 2.8.2016, see art. 1

[^key-eb0eec421210fde0ba2f243fec398c2c]: Sch. 7 para. 86 in force at 2.8.2016, see art. 1

[^key-fb5cb3ab08683ce63b4d9b2d8169c1a4]: Sch. 7 para. 87 in force at 2.8.2016, see art. 1

[^key-ca11e995dc12d882790b5bc8182028d3]: Sch. 7 para. 88 in force at 2.8.2016, see art. 1

[^key-f4dfc6e270ad4b65389a86201d5efa2e]: Sch. 7 para. 89 in force at 2.8.2016, see art. 1

[^key-4a42feea211aa5e902f9928c26ee03fa]: Sch. 7 para. 90 in force at 2.8.2016, see art. 1

[^key-fb11e3d1c1df8867c9e966c6cd2ac529]: Sch. 7 para. 91 in force at 2.8.2016, see art. 1

[^key-fa4b3671014019e2848f315ecabed8c2]: Sch. 7 para. 92 in force at 2.8.2016, see art. 1

[^key-dc3919e43949d31dd34dfe5306b86e09]: Sch. 7 para. 93 in force at 2.8.2016, see art. 1

[^key-a8d5a593698e08d782b17306b731a6a6]: Sch. 7 para. 94 in force at 2.8.2016, see art. 1

[^key-0798ad7ed5b08f62988046e290b46d3b]: Sch. 7 para. 95 in force at 2.8.2016, see art. 1

[^key-a0b63840ea449a6a8da74a6a2857b1b7]: Sch. 7 para. 96 in force at 2.8.2016, see art. 1

[^key-c4949840d60e92e9f741cc5a5d35ba62]: Sch. 8 para. 1 in force at 2.8.2016, see art. 1

[^key-cca7a93425c79473f71ebc2def7410c3]: Sch. 8 para. 2 in force at 2.8.2016, see art. 1

[^key-d284400809c3c50dfb286f7cb8a06d1b]: Sch. 8 para. 3 in force at 2.8.2016, see art. 1

[^key-b8acfefdc67ee1b2db33fc1017824840]: Sch. 8 para. 4 in force at 2.8.2016, see art. 1

[^key-60e809e7327d7b4d98fa8b31cab8e94d]: Sch. 1 in force at 2.8.2016, see art. 1

[^key-34fbec72c08e6dfc951cfcff0536ed4e]: Sch. 4 in force at 2.8.2016, see art. 1

[^key-0ca34e8b545f98380f36972adbf1f63c]: Sch. 5 in force at 2.8.2016, see art. 1

[^key-081072dfad289df5d6faf1c573c77436]: Sch. 6 in force at 2.8.2016, see art. 1

[^key-0dfb56a37d71cf415952b1ba0368d638]: Sch. 9 in force at 2.8.2016, see art. 1

[^key-d6e761cf26df9f8e3bd3ff46dcf8e658]: Word in Sch. 1 omitted (22.11.2016) by virtue of The Meaford Gas Fired Generating Station (Correction) Order 2016 (S.I. 2016/1046), arts. 1, 2, Sch.