The Meaford Gas Fired Generating Station Order 2016

• (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

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