Legalize / United Kingdom / Statutory-Instrument

The Triton Knoll Electrical System Order 2016

Type Statutory-Instrument

Publication 2016-09-05

Last updated 2017-11-30

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(1) Number of plot shown on land plans	(2) Purpose for which rights may be acquired
37/21, 37/22, 37/23, 38/01, 38/03, 38/06, 38/07, 38/08, 38/11, 39/01, 39/02, 39/06, 39/07, 39/09, 39/10, 39/11, 39/12, 39/14, 40/01, 40/02, 40/03, 40/04, 40/06, 40/09, 40/10, 40/11, 40/12, 40/15, 41/01, 41/02, 41/10, 42/01, 42/02, 42/03, 42/04, 42/05, 42/06, 42/07, 42/09, 42/10, 42/12, 42/15, 43/01, 43/04, 43/08, 43/11, 43/12, 43/13, 43/14, 43/15, 43/16, 45/02, 45/15, 45/16, 45/20, 45/21, 45/23, 45/25, 46/02, 46/05, 46/08, 47/01, 47/13, 47/14, 47/17, 47/18, 47/21, 47/22, 47/23, 48/01, 48/05, 48/07, 48/08, 48/09, 48/12, 48/13, 48/14, 48/16, 48/17A, 48/17B.	A restrictive covenant over the land for the benefit of the remainder of the Order land to— a prevent anything being done in or on the land or any part thereof for the purpose of— i the erection of any buildings; or ii the construction, erection or works of any kind requiring foundations, footings or other supporting structures, without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed building, erection, construction or works would not cause damage to the relevant part of the authorised project nor make it materially more difficult to access or maintain the authorised project); b prevent anything to be done by way of hard surfacing of the land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to the relevant part of the authorised project nor make it materially more difficult to access or maintain the authorised project) provided that the undertaker acknowledges that— i the laying of new hard core access tracks does not require the consent of the undertaker where no manhole, access chamber or other access point serving the authorised project is located on the surface of the land; and ii the maintenance or repair of pre-existing hard surfacing, hard core surfaces or tracks with the same or equivalent surface or material does not require the consent of the undertaker where no manhole, access chamber or other access point serving the authorised project is located on the surface of the land; c prevent— i mole draining; ii anything to be done by way of excavation of any kind or agricultural practices exceeding 0.6 metres in depth from— aa the surface of the land; or bb the bed of the open drain, ditch, watercourse or river; or iii any activities which increase or decrease ground cover or soil levels or change the composition of the land in any manner whatsoever, without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed activity would not cause damage to the relevant part of the authorised project nor make it materially more difficult to access or maintain the authorised project, with such consent being subject to such reasonable conditions as the undertaker may require) provided that— iv acts of cultivation including soil preparation, ploughing and sub-soiling not exceeding 0.6 metres in depth from the surface of the land do not require the consent of the undertaker; and v flushing of land drainage systems, maintenance of outfalls and culverts of land drainage systems, clearance of vegetation (by use of machinery or by hand) and the operation of existing land drainage systems do not require the consent of the undertaker; d prevent the planting or growing within the land of any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult to maintain or to access the relevant part of the authorised project) provided that the growing within the land of any pre-existing trees, shrubs or underwood does not require the consent of the undertaker; and e prevent anything being done in or on the land or any part thereof which will, or which the owner can reasonably foresee may, interfere with the exercise of the other rights set out in this Schedule or the use of the authorised project or in any way render the authorised project or any part thereof in breach of any statute or regulation for the time being in force and applicable thereto, provided that nothing in the preceding restrictions in paragraphs (a) to (e) restricts National Grid Electricity Transmission plc, the Environment Agency or any other body from exercising their respective statutory functions, statutory powers, statutory rights, statutory duties, statutory responsibilities or statutory obligations.
37/21, 37/22, 37/23, 38/01, 38/03, 38/06, 38/07, 38/08, 38/11, 39/01, 39/02, 39/06, 39/07, 39/09, 39/10, 39/11, 39/12, 39/14, 40/01, 40/02, 40/03, 40/04, 40/06, 40/09, 40/10, 40/11, 40/12, 40/15, 41/01, 41/02, 41/10, 42/01, 42/02, 42/03, 42/04, 42/05, 42/06, 42/07, 42/09, 42/10, 42/12, 42/15, 43/01, 43/04, 43/08, 43/11, 43/12, 43/13, 43/14, 43/15, 43/16, 45/02, 45/15, 45/16, 45/20, 45/21, 45/23, 45/25, 46/02, 46/05, 46/08, 47/01, 47/13, 47/14, 47/17, 47/18, 47/21, 47/22, 47/23, 48/01, 48/05, 48/07, 48/08, 48/09, 48/12, 48/13, 48/14, 48/16, 48/17A, 48/17B.	Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised project to— a lay down, install, adjust, alter, construct, operate, erect, use, maintain, repair, renew, upgrade, inspect, remove and replace the electricity cables (including the removal of materials including spoil) in, under, over and/or on the land, together with such telemetry and fibre-optic lines, ducting, jointing bays and other apparatus, protection measures and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (collectively referred to as the “cables”); b enter, be on, and break up the surface of, the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables; c retain and use or permit the cables to transmit and distribute any matters or thing the transmission of which is for the time being not prohibited by law through, to and from the land; d pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, inspecting, removing and replacing the cables; e construct and install and thereafter use the land for all necessary purposes for the commissioning, construction, repair, testing and maintenance of the cables and any electric cables in, on or under other land including (but not limited to) the following— i facilities and activities in connection with the cables or other work carried out in accordance with the rights; ii portakabins/portaloos; iii storage of plant and equipment; and iv additional service lines or cables (in emergency only); f place and use plant, machinery, structures and temporary structures within the land for the purposes of the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables; g erect fencing and create secure works compounds; h construct, lay down, use and remove temporary access roads including any necessary temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair or renewal is being carried out; i effect access to the highway; j make such investigations in or on the land as required; k install and maintain cable marker posts to identify the location of the cables (subject to an obligation to minimise interference with future use and operations within the land); l fell, lop or cut, coppice wood, uproot trees or hedges or shrubs which now or hereafter may be standing on the land or other land which would if not felled, lopped, cut or removed obstruct or interfere with the working of the cables; m install, use, inspect, maintain, adjust, alter, renew, repair, test or cleanse pre- and post-development drainage schemes on the land or reinstate the existing drainage scheme on the land and thereafter cleanse and maintain, alter, adjust, replace, improve or extend culverts; n install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus (including the pipes, cables or conduits or apparatus of statutory undertakers); o remove fences within the land during any period during which construction, maintenance, repair or renewal is being carried out (subject to erection of any temporary stock-proof fencing as is reasonably required and the re-instating of the original fences following the exercise of the rights); p store and stockpile materials (including excavated material); q use or resort to trenchless construction techniques including (but not limited to) directional drilling; r lay out temporary paths for public use; s carry out environmental or ecological mitigation or enhancement works; t locate, install and inspect chambers or manholes within or on the land; u carry out such works (together with associated fencing) required by a planning permission and/or consent now or to be granted over the land in accordance with any necessary licences relating to protected species and/or wildlife (which for the avoidance of doubt includes newts); and v (in an emergency only when the cables are temporarily unusable) to lay down, install, use, maintain and inspect underground cables, telephone signalling and fibre-optic cables and ancillary equipment, associated works and other conducting media together with conduits or pipes for containing the same in and under the land.
37/24, 38/02, 38/04, 38/05, 38/09, 38/10, 39/03, 39/08, 39/13, 40/07, 40/08, 40/13, 40/14, 41/03, 41/06, 41/08, 41/09, 42/08, 42/11, 42/13, 42/14, 42/16, 43/02, 43/09, 43/10, 43/17, 45/01, 45/03, 45/05, 45/06, 45/08, 45/09, 45/11, 47/11, 47/12, 47/15, 47/16, 47/19, 47/20, 48/02, 48/03, 48/04, 48/06, 48/10, 48/11, 48/15, 48/18.	Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised project to— a pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of the unlicensed works and the drainage works, the inspection, testing, maintenance, renewal, upgrading, replacement and removal of the cables and connection into any adjacent cables and associated works, plant and equipment on adjoining land and make such investigations in or on the land which is ancillary for the purposes of exercise of the rights; b lay down, use, repair, alter and remove steel plates for the purpose of access to adjoining land; c erect temporary bridges and supporting or protective structures for the purposes of access to adjoining land; d fell, lop, cut, coppice, uproot trees or hedges or shrubs which now or hereafter may be present on the land for the purpose of enabling the right to pass and re-pass to adjoining land; and e erect and remove temporary fencing.
48/17B, 48/19.	Rights to— a lay down, install, adjust, alter, construct, create, operate, erect, use, maintain, repair, renew, upgrade, inspect, test, remove and replace electrical equipment comprising the unlicensed works; b enter and be on the land and remain with or without plant, vehicles, machinery, apparatus and equipment, and break up the surface of the land for the purposes of the unlicensed works; c pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of the unlicensed works; d place and use plant, machinery, structures and temporary structures within the land for the purposes of the unlicensed works; e erect, create and remove fencing and secure works compounds including temporary drilling and tunnelling compounds and working areas for the purposes of the unlicensed works; f make such investigations in or on the land as required for the purposes of the unlicensed works; g install and maintain cable marker posts to identify the location of the cabling comprising the unlicensed works (subject to an obligation to minimise interference with future use and operations within the land); h fell, lop or cut, coppice wood, uproot trees or hedges or shrubs which now or hereafter may be standing on the land which would if not felled, lopped, cut or removed obstruct or interfere with the unlicensed works; i install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus (including the pipes, cables or conduits or apparatus of statutory undertakers) for the purposes of the unlicensed works; j remove fences within the land during any period during which construction, maintenance, repair or renewal is being carried out (subject to erection of any temporary stock-proof fencing as is reasonably required and the re-instating of the original fences following the exercise of the rights); k store and stockpile materials (including excavated material) required for the purposes of the unlicensed works; l use or resort to trenchless construction techniques including (but not limited to) directional drilling in connection with the unlicensed works; m locate, install and inspect chambers or manholes within or on the land for the purposes of the unlicensed works; and n carry out such works (together with associated fencing) required by a planning permission and/or consent now or to be granted over the land in accordance with any necessary licences relating to protected species and/or wildlife (which for the avoidance of doubt includes newts).
47/05, 47/06, 47/07	Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised project to— a lay down, install, adjust, alter, construct, create, use, maintain, repair, renew, upgrade, inspect, remove and replace a drainage scheme on the land (the “drainage works”); b inspect, use mechanical excavation (including directional drilling and/or digging), reinstate, remove, move or alter such part or parts of the drainage system on the land for the purposes of the drainage works (including connecting the drainage works to any land drain as at the date of the drainage works); c enter and be on the land and remain with or without plant, vehicles, machinery, apparatus and equipment, for the purposes of the drainage works; d pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of the drainage works; e place and use machinery, structures and temporary structures within the land for the purposes of the drainage works; f erect, create and remove fencing and secure works compounds including temporary drilling and tunnelling compounds and working areas for the purposes of the drainage works; g make such investigations in or on the land as required for the purposes of the drainage works; h use or resort to trenchless construction techniques including (but not limited to) directional drilling in connection with the drainage works; i install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus (including the pipes, cables or conduits or apparatus of statutory undertakers) for the purposes of the drainage works; and j construct, use and remove any necessary temporary access roads including any necessary temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair or renewal is being carried out.
37/21, 37/22, 37/23, 38/01, 38/03,38/06, 38/07, 38/08, 38/11, 39/01, 39/02, 39/06, 39/07, 39/09, 39/10, 39/11, 39/12, 39/14, 40/01, 40/02, 40/03, 40/04, 40/06, 40/09, 40/10, 40/11, 40/12, 40/15, 41/01, 41/02, 41/10, 42/01, 42/02, 42/03, 42/04, 42/05, 42/06, 42/07, 42/09, 42/10, 42/12, 42/15, 43/01, 43/04, 43/08, 43/11, 43/12, 43/13, 43/14, 43/15, 43/16, 45/02, 45/15, 45/16, 45/20, 45/21, 45/23, 45/25, 46/02, 46/05, 46/08, 47/01, 47/13, 47/14, 47/17, 47/18, 47/21, 47/22, 47/23, 48/01, 48/05, 48/07, 48/08, 48/09, 48/12, 48/13, 48/14, 48/16, 48/17A, 48/17B, 48/19.	Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised project to— a lay down, install, adjust, alter, construct, create, use, maintain, repair, renew, upgrade, inspect, remove and replace ramps, means of access and footpaths, bunds, embankments, swales, landscaping and boundary treatments, habitat, jointing bays, manholes and link boxes; b install, use, inspect, maintain, adjust, alter, renew, repair, test or cleanse pre- and post-development water supply, surface water management and drainage schemes on the land or reinstate the existing scheme on the land and thereafter cleanse and maintain, alter, adjust, replace, improve or extend culverts; c create boreholes; d erect, create and remove fencing and secure works compounds including temporary drilling and tunnelling compounds and working areas; e store and stockpile materials (including excavated material); f use or resort to trenchless construction techniques including (but not limited to) directional drilling beneath sea defences, watercourses, roads and railways; g remove, reconstruct, or alter the position of apparatus including mains, sewers, drains, cables and pipelines of statutory undertakers; h enter and be on the land and remain with or without plant, vehicles, machinery, apparatus and equipment, and break up the surface of the land; i pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials; j place, construct, use and remove plant, machinery and temporary structures in, on or over the land including any necessary temporary bridging of water courses including bailey bridges; k remove fences within the land during any period during which construction, maintenance, repair or renewal is being carried out (subject to erection of any temporary stock-proof fencing as is reasonably required and the re-instating of the original fences following the exercise of the rights); and l carry out such works (together with associated fencing) required by a planning permission and/or consent now or to be granted over the land in accordance with any necessary licences relating to protected species and/or wildlife (which for the avoidance of doubt includes newts).

SCHEDULE 6 — Modification of compensation and compulsory purchase enactments for creation of new rights and restrictive covenants

Compensation enactments modified

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

Land Compensation Act 1973 modified

2

(1) Without limiting paragraph 1, the Land Compensation Act 1973[^f00042] has effect subject to the modifications set out in sub-paragraphs (2) and (3).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4,—

(a) for “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on the land of”; and

(b) for “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant is enforceable”.

(3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5,—

(a) for “part” in paragraphs (a) and (b) substitute “a right over or restrictive covenant affecting land consisting”;

(b) for “severance” substitute “right or restrictive covenant over or affecting the whole of the house, building or manufactory or of the house and the park or garden;

(d) for “part is” substitute “right or restrictive covenant is”.

Compulsory Purchase Act 1965 modified

3

(1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land must be read (according to the requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired or the restrictive covenant imposed or to be imposed; or

(b) the land over which the right is or is to be exercisable or the restrictive covenant is or is to be enforceable.

(2) Without limiting sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right, or in relation to the imposition of a restrictive covenant, with the modifications specified in the following provisions of this Schedule.

4

For section 7 of the 1965 Act (measure of compensation in case of severance) substitute the following section—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the restrictive covenant but also to the damage (if any) to be sustained thereby by the owner of the land in relation to other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

5

For section 8 of the 1965 Act (other provisions as to divided land) substitute the following section—

(8) the Triton Knoll Electrical System Order 2016 (the “Order”), in relation to that person, ceases to authorise the purchase of the right or the imposition of the restrictive covenant and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs. (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over, or a restrictive covenant affecting, land consisting of a house, building or manufactory or of a park or garden belonging to a house (the “relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right or the imposition of the restrictive covenant would apart from this section fall to be determined by the Upper Tribunal (the “tribunal”); and (b) before the tribunal has determined that question, the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that land and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs, (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) must be determined by the tribunal. (3) Where, in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1), the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.

6

The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

(a) section 9(4) (refusal to convey, failure to make title, etc.);

(b) paragraph 10(3) of Schedule 1 (persons without power to sell their interests);

(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

7

Section 11 of the 1965 Act (powers of entry) is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, it has power, exercisable in equivalent circumstances and subject to equivalent conditions to those provided for in that section, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12 (unauthorised entry) and 13 (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

8

Section 20 of the 1965 Act[^f00043] (tenants at will, etc.) applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

9

Section 22 of the 1965 Act (interests omitted from purchase) is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or to enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

SCHEDULE 7 — Land of which temporary possession may be taken

(1) District	(2) Number of land shown on land plans	(3) Purpose for which temporary possession may be taken	(4) Relevant part of authorised project
East Lindsey	01/04	Construction and storage compound	Work No. 3B
East Lindsey	05/17, 05/18	Construction and storage compound	Work No. 6
East Lindsey	05/19, 05/20	Access with or without vehicles, plant, machinery, apparatus, equipment and materials for construction and carrying out of the authorised project Laying and use of temporary vehicular access tracks, improvement to access tracks and roads, and erection of associated temporary structures including fencing and signage	Work No. 6
East Lindsey	05/22, 05/23, 05/24, 05/25	Access with or without vehicles, plant, machinery, apparatus, equipment and materials for construction and carrying out of the authorised project Laying and use of temporary vehicular access tracks, improvement to access tracks and roads, and erection of associated temporary structures including fencing and signage	Work No. 7
East Lindsey	05/26, 05/27, 05/28, 05/29	Construction and storage compound	Work No. 7
East Lindsey	10/10	Construction and storage compound	Work No. 10
East Lindsey	13/03, 13/04, 13/05	Construction and storage compound	Work No. 12
East Lindsey	13/06	Access with or without vehicles, plant, machinery, apparatus, equipment and materials for construction and carrying out of the authorised project Laying and use of temporary vehicular access tracks and improvement to access tracks and roads, and erection of associated temporary structures including fencing and signage	Work No. 12
East Lindsey	13/08, 13/26	Access with or without vehicles, plant, machinery, apparatus, equipment and materials for construction and carrying out of the authorised project Laying and use of temporary vehicular access tracks and improvement to access tracks and roads, and erection of associated temporary structures including fencing and signage	Work No. 13
East Lindsey	13/10	Construction and storage compound	Work No. 13
East Lindsey	18/06	Access with or without vehicles, plant, machinery, apparatus, equipment and materials for construction and carrying out of the authorised project Laying and use of temporary vehicular access tracks and improvement to access tracks and roads, and erection of associated temporary structures including fencing and signage Construction and storage compound	Work No. 15
East Lindsey	18/09, 18/10, 18/11	Access with or without vehicles, plant, machinery, apparatus, equipment and materials for construction and carrying out of the authorised project Laying and use of temporary vehicular access tracks and improvement to access tracks and roads, and erection of associated temporary structures including fencing and signage	Work No. 16
East Lindsey	18/20	Construction and storage compound	Work No. 18
East Lindsey	19/03	Access with or without vehicles, plant, machinery, apparatus, equipment and materials for construction and carrying out of the authorised project Laying and use of temporary vehicular access tracks and improvement to access tracks and roads, and erection of associated temporary structures including fencing and signage	Work No. 18
East Lindsey	20/11, 20/12, 20/14	Construction and storage compound	Work No. 20
East Lindsey	20/13	Access with or without vehicles, plant, machinery, apparatus, equipment and materials for construction and carrying out of the authorised project Laying and use of temporary vehicular access tracks and improvement to access tracks and roads, and erection of associated temporary structures including fencing and signage	Work No. 20
East Lindsey	26/04, 26/05,	Construction and storage compound	Work No. 23
East Lindsey	26/08	Access with or without vehicles, plant, machinery, apparatus, equipment and materials for construction and carrying out of the authorised project Laying and use of temporary vehicular access tracks and improvement to access tracks and roads, and erection of associated temporary structures including fencing and signage	Work No. 23
East Lindsey	27/02	Construction and storage compound	Work No. 25
East Lindsey	27/05	Access with or without vehicles, plant, machinery, apparatus, equipment and materials for construction and carrying out of the authorised project Laying and use of temporary vehicular access tracks and improvement to access tracks and roads, and erection of associated temporary structures including fencing and signage	Work No. 25
East Lindsey	29/10, 29/11,	Construction and storage compound	Work No. 27
East Lindsey	29/13	Access with or without vehicles, plant, machinery, apparatus, equipment and materials for construction and carrying out of the authorised project Laying and use of temporary vehicular access tracks and improvement to access tracks and roads, and erection of associated temporary structures including fencing and signage	Work No. 27
East Lindsey	29/16	Construction and storage compound	Work No. 28
East Lindsey	29/15	Access with or without vehicles, plant, machinery, apparatus, equipment and materials for construction and carrying out of the authorised project Laying and use of temporary vehicular access tracks and improvement to access tracks and roads, and erection of associated temporary structures including fencing and signage	Work No. 28
East Lindsey	31/12	Access with or without vehicles, plant, machinery, apparatus, equipment and materials for construction and carrying out of the authorised project Laying and use of temporary vehicular access tracks and improvement to access tracks and roads, and erection of associated temporary structures including fencing and signage Construction and storage compound	Work No. 30
East Lindsey	33/03	Construction and storage compound	Work No. 32
East Lindsey	36/02, 36/03	Construction and storage compound	Work No. 34
East Lindsey	37/03, 37/04, 37/05	Construction and storage compound	Work No. 35
East Lindsey	37/07 37/08, 37/10	Construction and storage compound	Work No. 36
Boston	39/04	Construction and storage compound	Work No. 38
Boston	39/05	Access with or without vehicles. plant, machinery, apparatus, equipment and materials for construction and carrying out of the authorised project Laying and use of temporary vehicular access tracks and improvement to access tracks and roads, and erection of associated temporary structures including fencing and signage	Work No. 38
Boston	40/05	Construction and storage compound	Work No. 40
Boston	41/05, 41/06, 41/07	Construction and storage compound	Work No. 41
Boston	41/04	Access with or without vehicles, plant, machinery, apparatus, equipment and materials for construction and carrying out of the authorised project Laying and use of temporary vehicular access tracks and improvement to access tracks and roads, and erection of associated temporary structures including fencing and signage	Work No. 41
Boston	43/03	Construction and storage compound	Work No. 43
Boston	43/05	Access with or without vehicles, plant, machinery, apparatus, equipment and materials for construction and carrying out of the authorised project Laying and use of temporary vehicular access tracks and improvement to access tracks and roads, and erection of associated temporary structures including fencing and signage	Work No. 43
Boston	43/06	Access with or without vehicles, plant, machinery, apparatus, equipment and materials for construction and carrying out of the authorised project Laying and use of temporary vehicular access tracks and improvement to access tracks and roads, and erection of associated temporary structures including fencing and signage	Work No. 45
Boston	43/07	Construction and storage compound	Work No.45
Boston	44/03b	Construction and storage compound	Work No. 47A
Boston	44/04	Access with or without vehicles, plant, machinery, apparatus, equipment and materials for construction and carrying out of the authorised project Laying and use of temporary vehicular access tracks and improvement to access tracks and roads, and erection of associated temporary structures including fencing and signage	Work Nos. 47A, 48 and 49
Boston	44/01	Access with or without vehicles, plant, machinery, apparatus, equipment and materials for construction and carrying out of the authorised project Laying and use of temporary vehicular access tracks and improvement to access tracks and roads, and erection of associated temporary structures including fencing and signage	Work No. 49
Boston	45/04, 45/05, 45/07, 45/08, 45/10, 45/11, 45/13, 46/04, 46/07	Access with or without vehicles, plant, machinery, apparatus, equipment and materials for construction and carrying out of the authorised project Laying and use of temporary vehicular access tracks and improvement to access tracks and roads, and erection of associated temporary structures including fencing and signage	Work No. 49
Boston	47/07, 47/08	Construction and storage compound	Work No. 51

SCHEDULE 8 — Protective provisions

PART 1 — Protection for Environment Agency and drainage authorities

1

The provisions of this Part have effect for the protection of the drainage authority unless otherwise agreed in writing between the undertaker and the drainage authority.

2

In this Part—

“construction” includes execution, placing, altering, replacing, relaying and removal; and “construct” must be construed accordingly;

“drainage authority” means—in relation to an ordinary watercourse, the drainage board concerned within the meaning of section 23 of the Land Drainage Act 1991; andin relation to a main river or sea defence work, the Environment Agency;

“drainage work” means any watercourse and includes any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence, sea defence or tidal monitoring which is the responsibility of the drainage authority as identified in the crossings schedule subject to such changes as notified to the undertaker;

“ordinary watercourse” has the meaning given by section 72 of the Land Drainage Act 1991;

“plans” includes any information reasonably required by the drainage authority including location details, grid references, sections, drawings, specifications, assessments and method statements;

“specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 9 metres of a drainage work or is otherwise likely to—affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;affect the flow, purity or quality of water in any watercourse; oraffect the conservation, distribution or use of water resources.

3

(1) Before commencing construction of a specified work, the undertaker must submit to the drainage authority plans of the specified work and such further particulars available to it as the drainage authority may within 28 days of the submission of the plans reasonably require.

(2) The undertaker must not commence construction of the specified work until approval, unconditionally or conditionally, has been given as provided in this paragraph.

(3) A specified work must not be constructed except in accordance with such plans as may be approved in writing by the drainage authority or determined under paragraph 11.

(4) Any approval of the drainage authority required under this paragraph—

(a) must not be unreasonably withheld or delayed;

(b) is deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval, or submission of further particulars (where required by the drainage authority under sub-paragraph (1)) whichever is the later; and

(c) may be given subject to such reasonable requirements as the drainage authority may make for the protection of any drainage work, for the protection of any navigation work, for the protection of water resources, for the prevention of pollution or in the discharge of its environmental functions.

(5) Any refusal under this paragraph must be accompanied by a statement of the reasons for refusal.

4

Without limiting paragraph 3, the requirements which the drainage authority may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified work (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

(a) to safeguard any drainage work against damage by reason of any specified work; or

(b) to secure that the efficiency of any drainage work for flood defence and land drainage purposes is not impaired, and that the risk of flooding is not otherwise increased, by reason of any specified work.

5

(1) Subject to sub-paragraph (2), any specified work, and all protective works required by the drainage authority under paragraph 4, must be constructed—

(a) without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part; and

(b) to the reasonable satisfaction of the drainage authority,

and an officer of the drainage authority is entitled to watch and inspect the construction of such works.

(2) The undertaker must give to the drainage authority—

(a) not less than 14 days’ notice in writing of its intention to commence construction of any specified work; and

(b) notice in writing of its completion not later than 7 days after the date of completion.

(3) If the drainage authority reasonably requires, the undertaker must construct all or part of the protective works so that they are in place before the construction of the specified work.

(4) If any part of a specified work or any protective work required by the drainage authority is constructed otherwise than in accordance with the requirements of this Part, the drainage authority may by notice in writing require the undertaker at the undertaker’s expense to comply with the requirements of this Part or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is agreed, to restore the site to its former condition to such extent and within such limits as the drainage authority reasonably requires.

(5) Subject to sub-paragraph (6), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (4) is served on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the drainage authority may execute the works specified in the notice and any expenditure incurred by it in so doing is recoverable from the undertaker.

(6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the drainage authority must not except in an emergency exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined.

6

(1) Subject to sub-paragraph (5), the undertaker must from the commencement of the construction of the specified work maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation on land held by the undertaker for the purposes of or in connection with the specified work, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.

(2) If any drainage work which the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the drainage authority, the drainage authority may by notice in writing require the undertaker to repair and restore the work, or any part of the work, or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed), to remove the specified work and restore the site to its former condition, to such extent and within such limits as the drainage authority reasonably requires.

(3) If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the drainage authority may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the undertaker.

(4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the drainage authority must not except in a case of emergency exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined.

(5) This paragraph does not apply to—

(a) drainage works which are vested in the drainage authority, or which the drainage authority or another person is liable to maintain and is not prevented by this Order from so doing; and

(b) any obstruction of a drainage work for the purpose of a work or operation authorised by this Order and carried out in accordance with the provisions of this Part provided that any obstruction is removed as soon as reasonably practicable.

7

If by reason of the construction of a specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes or land drainage is impaired, or that drainage work is otherwise damaged, the impairment or damage must be made good by the undertaker as soon as reasonably practicable to the reasonable satisfaction of the drainage authority and, if the undertaker fails to do so, the drainage authority may make good the impairment or damage and recover from the undertaker the expense reasonably incurred by it in doing so.

8

The undertaker must indemnify the drainage authority in respect of all costs, charges and expenses which the drainage authority may reasonably incur, have to pay or sustain—

(a) in the examination or approval of plans under this Part; and

(b) in inspecting the construction of the specified work or any protective works required by the drainage authority under this Part; and

(c) in carrying out any surveys or tests by the drainage authority which are reasonably required in connection with the construction of the specified work.

9

(1) Without limiting the other provisions of this Part, the undertaker must indemnify the drainage authority from all claims, demands, proceedings, costs, damages, expenses or loss, which may be made or taken against, recovered from, or incurred by, the drainage authority by reason of—

(a) any damage to any drainage work;

(b) any raising or lowering of the water table in land adjoining the authorised project or any sewers, drains and watercourses; or

(c) any flooding or increased flooding of any such lands and, where the drainage authority is the Environment Agency, inadequate water quality in any watercourse or other surface waters or in any groundwater,

caused by the construction of any specified work or any act or omission of the undertaker, its contractors, agents or employees whilst engaged on the work.

(2) The drainage authority must give to the undertaker reasonable notice of any such claim or demand, and no settlement or compromise may be made without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.

10

The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the drainage authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under this Part.

11

Any dispute arising between the undertaker and the drainage authority under this Part, if the parties agree, is to be determined by arbitration under article 36 (arbitration), but otherwise is to be determined by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Business, Energy and Industrial Strategy acting jointly on a reference to them by the undertaker or the drainage authority, after notice in writing by one to the other.

PART 2 — Protection for Network Rail Infrastructure Limited, etc.

1

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

2

In this Part—

“construction” includes execution, placing, alteration and reconstruction; and “construct” must be construed accordingly;

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

“network licence” means the network licence, as amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of the powers under section 8 of the Railways Act 1993[^f00044];

“Network Rail” means—Network Rail Infrastructure Limited (company number 2904597); andany associated company of Network Rail Infrastructure Limited which holds property for railway purposes,and for the purpose of paragraph (b) “associated company” means any company which is (within the meaning of section 1159 of the Companies Act 2006[^f00045]) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;

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

“railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993[^f00046]) or station lease;

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

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

3

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

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

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

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

4

(1) The undertaker must not exercise the powers conferred by—

(a) article 12 (discharge of water);

(b) article 13 (authority to survey and investigate land);

(d) article 18 (compulsory acquisition of rights);

(e) article 19 (private rights);

(f) article 21 (acquisition of subsoil only);

(g) article 24 (temporary use of land for carrying out authorised project);

(h) article 25 (temporary use of land for maintaining the authorised project);

(i) article 27 (statutory undertakers);

(j) article 34 (felling or lopping of trees and removal of hedgerows); or

(k) section 11(3) of the 1965 Act,

in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

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

(3) The undertaker must not exercise the powers conferred by sections 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272 (extinguishment of rights of electronic code communications operators: preliminary notices) of the 1990 Act[^f00047] or by article 27 (statutory undertakers) in relation to any right of access of Network Rail to railway property, but the right of access may be diverted with the consent of Network Rail.

(4) The undertaker must not under the powers conferred by this Order acquire or use or acquire new rights over any railway property except with the consent of Network Rail.

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

5

(1) The undertaker must before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer, and the specified work must not be commenced except in accordance with such plans as 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, and if, by the end of the period of 28 days beginning with the date on which such plans have been supplied to Network Rail, the engineer has not intimated disapproval of those plans and the grounds of disapproval—

(a) the undertaker may serve on the engineer written notice requiring the engineer to intimate approval or disapproval within a further period of 28 days beginning with the date on which the engineer receives written notice from the undertaker; and

(b) if by the expiry of the further 28 days the engineer has not intimated approval or disapproval, the engineer is deemed to have approved the plans as submitted.

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

(4) When signifying approval of the plans, the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using them (including any relocation, de-commissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified work), and—

(a) such protective works as may be reasonably necessary for those purposes must be constructed by Network Rail or by the undertaker, if Network Rail so desires, and at the expense of the undertaker in either case, with all reasonable dispatch; and

(b) the undertaker must not commence the construction of the specified work until the engineer has notified the undertaker that the protective works have been completed to the engineer’s reasonable satisfaction.

6

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

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

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

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

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

(3) Nothing in this Part imposes—

(a) any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents; or

(b) any liability on Network Rail with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.

7

The undertaker must—

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

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

8

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

9

(1) If any permanent or temporary alterations or additions to railway property are reasonably necessary in consequence of the construction of a specified work, or during a period of 24 months after the completion of that work in order to ensure the safety of railway property or the continued safe operation of the railway of Network Rail, such alterations and additions may be carried out by Network Rail.

(2) If Network Rail gives to the undertaker reasonable notice of its intention to carry out such alterations or additions (which must be specified in the notice), the undertaker must pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any such alterations or additions.

(3) If during the construction of a specified work by the undertaker, Network Rail gives notice to the undertaker that Network Rail desires itself to construct that part of the specified work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail, then, if the undertaker decides that that part of the specified work is to be constructed,—

(a) Network Rail must assume construction of that part of the specified work; and

(b) the undertaker must, notwithstanding any such approval of a specified work under paragraph 5(1), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that part of the specified work.

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

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

10

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

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

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

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

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

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

11

(1) In this paragraph—

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

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

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

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

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

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

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

(c) Network Rail must allow the undertaker reasonable facilities for the inspection of Network Rail’s apparatus identified under paragraph (a).

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

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

(7) In the event of EMI having occurred —

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

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

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

(8) Where Network Rail approves modifications to Network Rail’s apparatus under sub-paragraphs (5) or (6)—

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

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

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

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

(11) In relation to any dispute arising under this paragraph, the reference in article 36 (arbitration) to the Secretary of State must be read as a reference to the President of the Institution of Engineering and Technology.

12

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

13

The undertaker—

(a) must not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Network Rail unless it has first consulted Network Rail; and

(b) must comply with Network Rail’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.

14

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

15

(1) The undertaker must—

(a) pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Part which may be occasioned to or reasonably incurred by Network Rail by reason of—

(i) the construction, maintenance or failure of a specified work; or

(ii) any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged on a specified work; and

(b) indemnify and keep indemnified Network Rail from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission.

(2) The fact that any act or thing may have been done by Network Rail on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the supervision of the engineer does not (if it was done without negligence on the part of Network Rail or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this sub-paragraph.

(3) Network Rail must give the undertaker reasonable notice of any such claim or demand, and no settlement or compromise of such a claim or demand may be made without the prior consent of the undertaker.

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

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

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

(7) In this paragraph—

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

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

16

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

17

In the assessment of any sums payable to Network Rail under this Part, no account must be taken of any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Part or increasing the sums so payable.

18

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

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

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

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

19

Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part 1 of the Railways Act 1993.

20

The undertaker must give written notice to Network Rail if any application is proposed to be made by the undertaker for the Secretary of State’s consent, under article 5 (transfer of benefit of Order) and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)—

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

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

21

The undertaker must no later than 28 days from the date that the plans submitted to and certified by the Secretary of State in accordance with article 35 (certification of plans, etc.) are certified by the Secretary of State, provide a set of those plans to Network Rail in the form of a computer disc with read-only memory.

PART 3 — Protection for National Grid Gas plc and National Grid Electricity Transmission plc

Part to have effect unless otherwise agreed

1

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

Interpretation

2

In this Part—

“alternative apparatus” means appropriate alternative apparatus to the satisfaction of the statutory undertaker to enable the statutory undertaker to fulfil its statutory functions in a manner no less efficient than previously;

“apparatus” means—electric lines or electrical plant as defined in the 1989 Act, belonging to or maintained by National Grid Electricity as a licence holder within the meaning of Part 1 of the 1989 Act;any mains, pipes or other apparatus belonging to or maintained by National Grid Gas as a gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00048];

“authorised development” includes the use and maintenance of the authorised development;

“deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary or replace existing easements, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the provisions of this Part;

“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, across, along or on such land;

“maintain”, in relation to any apparatus or alternative apparatus of the statutory undertaker, includes the ability and right to construct, use, repair, alter, inspect, renew or remove; and “maintenance” must be construed accordingly;

“National Grid Electricity” means National Grid Electricity Transmission plc (company number 02366977);

“National Grid Gas” means National Grid Gas plc (company number 02006000);

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

“statutory undertaker” means—National Grid Electricity as a licence holder within the meaning of Part 1 of the 1989 Act; andNational Grid Gas as a gas transporter within the meaning of Part 1 of the Gas Act 1986.

Application

3

Except for paragraphs 4, 9, 10 and 11, this Part does not apply to apparatus in respect of which the relations between the undertaker and the statutory undertaker are regulated by Part 3 of the 1991 Act (street works in England and Wales).

Apparatus of statutory undertakers in temporarily stopped up streets

4

Despite the temporary stopping up or diversion of any highway under article 9 (temporary stopping up of streets), a statutory undertaker may at all times take all necessary access across any such highway and execute and do all such works and things in, on or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.

Acquisition of land, etc.

5

(1) Despite any provision in this Order or anything shown on the land plans or contained in the book of reference, the undertaker must not acquire any land interest or apparatus or override any easement or other interest of the statutory undertaker otherwise than by agreement.

(2) As a condition of agreement between the parties under sub-paragraph (1), before carrying out any part of the authorised development (or in such other timeframe as may be agreed between the undertaker and the statutory undertaker) that is subject to the requirements of this Part that—

(a) will cause any conflict with or breach of the terms of any easement or other legal or land interest of the statutory undertaker; or

(b) affects the provisions of any enactment or agreement regulating the relations between the undertaker and the statutory undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker,

the undertaker must, as the statutory undertaker reasonably requires, enter into such deeds of consent on such terms and conditions as may be agreed between the statutory undertaker, the undertaker acting reasonably, which must be no less favourable on the whole to the statutory undertaker unless otherwise agreed by the statutory undertaker; and it is the responsibility of the undertaker to procure or secure the consent and entering into of such deeds and variations by all third parties with an interest in the land at that time who are affected by the part of the authorised development.

(3) Where there is any inconsistency or duplication between a provisions of this Part relating to the relocation or removal of apparatus including (but not limited to) the payment of costs and expenses relating to the such relocation or removal and a provisions of any existing easement, right, agreement or licence granted, used, enjoyed or exercised by the statutory undertaker, other enactments relied on by the statutory undertaker as of right or other use in relation to the apparatus, the provisions of this Part prevails.

(4) Any agreement or consent by the statutory undertaker under paragraph 8 or any other paragraph of this Part must not be taken to constitute agreement under sub-paragraph (1).

Removal of apparatus

6

(1) If, in the exercise of an agreement reached under paragraph 5 or in any other authorised manner, the undertaker acquires any interest in any land in which any apparatus is placed—

(a) the apparatus must not be removed under this Part; and

(b) any right of a statutory undertaker to maintain the apparatus in the land must not be extinguished,

until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the statutory undertaker in accordance with sub-paragraphs (2) to (5).

(2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in the land, it must give to the statutory undertaker 56 days’ advance written notice of that requirement, together with a plan 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, the statutory undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the statutory undertaker to its satisfaction (taking into account paragraph 7(1)) the necessary facilities and rights for—

(a) the construction of alternative apparatus in other land of the undertaker; and

(b) subsequently, 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 the facilities and rights referred to in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, the statutory undertaker must, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances to endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed, except that this obligation does not require the statutory undertaker to use its compulsory purchase powers to this end unless it elects to so do.

(4) Any alternative apparatus to be constructed in land of the undertaker under this Part must be constructed in such manner and in such line or situation as may be agreed between the statutory undertaker and the undertaker.

(5) The statutory undertaker must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to the statutory undertaker of any facilities and rights 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 this Part.

Facilities and rights for alternative apparatus

7

(1) Where, in accordance with this Part, the undertaker affords to a statutory undertaker 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 on such terms and conditions as may be agreed between the undertaker and the statutory undertaker and must be no less favourable on the whole to the statutory undertaker than the facilities and rights enjoyed by it in respect of the apparatus to be removed, unless agreed by the statutory undertaker.

(2) If the facilities and rights to be afforded by the undertaker and agreed with the statutory undertaker under sub-paragraph (1) in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to the statutory undertaker 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—

(a) the matter must be referred to arbitration; and

(b) the arbitrator must make such provision for the payment of compensation by the undertaker to the statutory undertaker as appears to the arbitrator to be reasonable, having regard to all the circumstances of the particular case.

Retained apparatus: National Grid Gas plc

8

(1) Not less than 56 days before the commencement of any works authorised by this Order that are near to, or will or may affect, any apparatus belonging to or maintained by National Grid Gas (the “statutory undertaker”), the removal of which has not been required by the undertaker under paragraph 6(2) or otherwise, the undertaker must submit a plan to the statutory undertaker.

(2) In relation to works which will or may—

(a) be situated on, over, under or within 15 metres measured in any direction of any apparatus;

(b) (wherever situated) impose any load directly on any apparatus; or

the plan to be submitted to the statutory undertaker under sub-paragraph (1) must be detailed, include a method statement and describe—

(d) the exact position of the works;

(e) the level at which the works are proposed to be constructed or renewed;

(f) the manner of their construction or renewal including details of excavation and the positioning of plant;

(g) the position of all apparatus;

(h) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and

(i) intended maintenance regimes.

(3) The undertaker must not commence any works to which sub-paragraph (2) applies until the statutory undertaker has given written approval of the plan submitted.

(4) Any approval of the statutory undertaker required under sub-paragraph (3)—

(a) may be given subject to reasonable conditions for any purpose referred to in sub-paragraph (5) or (7); and

(b) must not be unreasonably withheld or delayed.

(5) In relation to works to which sub-paragraph (2) applies, the statutory undertaker may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

(6) Works authorised by this Order must be executed only in accordance with the plan submitted under sub-paragraph (1), as amended from time to time by agreement between the undertaker and the statutory undertaker, and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (5) or (7) by the statutory undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it; and the statutory undertaker is entitled to watch and inspect the execution of the works.

(7) Where the statutory undertaker requires any protective works to be carried out either by itself or by the undertaker (whether of a temporary or permanent nature)—

(a) the statutory undertaker must give at least 56 days’ notice of the protective works from the date of submission of a plan under sub-paragraph (1) (except in an emergency); and

(b) the protective works must be carried out to the statutory undertaker’s satisfaction before the commencement of any works authorised by this Order (or any relevant part of them).

(8) If the statutory undertaker, in accordance with sub-paragraph (5) or (7) 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, paragraphs 6 and 7 apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(2).

(9) 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, instead of the plan previously submitted, and the undertaker having done so the provisions of this paragraph apply to and in respect of the new plan.

(10) The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act, but in that case the undertaker must—

(a) give to the statutory undertaker notice and as soon as is reasonably practicable a plan of those works;

(b) comply with sub-paragraph (5), (6) and (7) insofar as is reasonably practicable in the circumstances; and

(11) Within 28 days of receipt of a request from the statutory undertaker, the undertaker must submit a scheme for monitoring ground subsidence for approval by the statutory undertaker, such approval not to be unreasonably withheld or delayed, for works which are capable of interfering with or risking damage to the statutory undertaker’s apparatus.

(12) At all times when carrying out any works authorised by this Order the undertaker must comply with National Grid Gas’s policies for safe working in proximity to gas apparatus (Specification for safe working in the vicinity of National Grid, high pressure Gas pipelines and associated installation requirements for third parties T/SP/SSW22) and the Health and Safety Executive’s guidance HSG47 (Avoiding danger from underground services).

Retained apparatus: National Grid Electricity Transmission plc

9

(1) Not less than 56 days before the commencement of any authorised works authorised by this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 6(2) or otherwise, the undertaker must submit to National Grid Electricity (the “statutory undertaker”) a plan and seek from National Grid Electricity details of the underground extent of its electricity tower foundations.

(2) In relation to works which will or may—

(a) be situated on, over, under or within 15 metres measured in any direction of any apparatus; or

(b) involve embankment works within 15 metres of any apparatus,

the plan to be submitted to the statutory undertaker under sub-paragraph (1) must be detailed, include a method statement and describe—

(d) the level at which the works are proposed to be constructed or renewed;

(e) the manner of their construction or renewal including details of excavation and positioning of plant;

(f) the position of all apparatus; and

(g) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus.

(3) In relation to any works which will or may be situated on, over, under or within 15 metres of any part of the foundations of an electricity tower or between any 2 or more electricity towers, the plan to be submitted to the statutory undertaker under sub-paragraph (1) must be detailed, include a method statement and describe in addition to the matters set out in sub-paragraph (2)—

(a) details of any cable trench design including route, dimensions and clearance to pylon foundations;

(b) how pylon foundations will not be affected before, during and post-construction;

(d) details of cable installation methodology including access arrangements, jointing bays and backfill methodology;

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