The Brechfa Forest Wind Farm Connection Order 2016

• (2) The fact that any act or thing may have been done by a protected person on behalf of the undertaker or in accordance with a plan approved by a protected person or in accordance with any Requirement of a protected person or under its supervision shall not (subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of this sub-paragraph (1)).

• (3) Nothing in sub-paragraph (1) shall impose any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the neglect or default of a protected person, its officers, servants, contractors or agents.

• (4) A protected person 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.

Enactments and agreements

9

Nothing in this part of this Schedule shall affect the provisions of any enactment or agreement regulating the relations between the undertaker and a protected person in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

10

Where in consequence of the proposed construction of any of the authorised development a protected person makes Requirements for the protection or alteration of apparatus under paragraphs 5 and/or 6 the undertaker shall use all reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the protected person’s undertaking and each protected person shall use all reasonable endeavours to co-operate with the undertaker for that purpose.

Access

11

If in consequence of the agreement reached in accordance with paragraph 4 or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker shall provide such alternative means of access to such apparatus as will enable the protected person to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

12

Any difference or dispute arising between the undertaker and a protected person under this Schedule shall, unless otherwise agreed in writing between the undertaker and that protected person, be determined by arbitration in accordance with article 35 (arbitration).

PART 3 — For the protection of Dwr Cymru Cyfyngedig

1

For the protection of DCC referred to in this Part 3 of Schedule 9, the following provisions shall, unless otherwise agreed in writing between the undertaker and DCC, have effect.

2

In this Part of this Schedule—

• “accessories” has the same meaning as that set out in section 219 WIA 1991 but shall also include any feature or aspect of a design that is intended to receive or facilitate the receipt of rainwater or surface water and which is part of a sustainable drainage system;

• “DCC apparatus” means all apparatus or accessories vested in or belonging to DCC for the purpose of carrying on its statutory undertaking including reservoirs, water treatment works and waste water treatment works;

• “clearance area” means the area of land—within 3 metres either side of the centre line of any public sewer or public water main that is less than 300mm in diameter;within 6 metres either side of a public sewer or public water main where the public sewer or public water main is between 300mm and 600mm in diameter ;within 9 metres either side of the centre line of a rising main; andapplicable for any strategic asset crossing site.

• “DCC” means Dŵr Cymru Cyfyngedig, a limited company registered in Wales under Company No. 2366777 and having its registered office at Pentwyn Road, Nelson, Treharris, Mid Glamorgan CF46 6LY or its properly authorised agents or sub-contractors;

• “draft specification” means a detailed plan, cross- section and description of the works to be prepared by the undertaker (including, without limitation, a method statement and risk assessment setting out the intention in respect of the works, construction methods and programmes, position of the affected DCC apparatus and intended works and a statement that to the best of the undertaker’s knowledge, and having used all reasonable care and skill to plan the works, the works shall not cause damage to the DCC apparatus);

• “functions” has the same meaning as in section 219 WIA 1991 and includes powers and duties;

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

• “sustainable drainage system” means any structure designed to receive rainwater and other surface water which structure shall include any feature or aspect of design that is intended to receive or facilitate the receipt of rainwater except a public sewer or a natural watercourse;

• “WIA 1991” means the Water Industry Act 1991[^f00026]; and

• “works” means any works forming part of the authorised development in, on, over or under any land purchased, held, or used under this Order that are near to, or will or may in any way affect any DCC apparatus together with all ancillary actions relating hereto; andfor the avoidance of doubt, all other terms are as defined in Article 2 of this Order.

3

• (1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference, the undertaker shall not acquire any DCC apparatus or its accessories or override or extinguish any easement or other interest of DCC or acquire any land or other interest of DCC identified in the book of reference or create any new rights over the same otherwise than by agreement with DCC in accordance with the provisions of this Schedule.

• (2) Sub-paragraph (1) does not apply to the powers conferred on the undertaker by this Order to interfere temporarily with DCC’s rights to access DCC apparatus or accessories but subject always to paragraphs 7 and 8 of this Part and to the undertaker giving DCC 28 days’ notice of such interference.

Precedence of the Water Industry Act 1991

4

• (1) Regardless of any provision of this Order and this Schedule the undertaker shall comply fully with all provisions of the WIA 1991 in relation to any use of, any connection with or any actions or omissions which in any way affect the DCC apparatus and nothing in this Order shall release the undertaker from the Requirement to comply with the provisions of the WIA 1991 in relation to any use of, any connection with or any actions or omissions which in any way affect the DCC apparatus, including without limitation—

• (a) sections 41-44 of the WIA 1991 in respect of water main requisitions;

• (b) section 45 of the WIA 1991 in respect of any connections to a water main;

• (c) sections 98-101 of the WIA 1991 in respect of sewer requisitions;

• (d) section 102 of the WIA 1991 in respect of the adoption of sewers and disposal works;

• (e) section 104 of the WIA 1991 in respect of the adoption of any sewers, drains or sewage disposal works as part of the development;

• (f) sections 106 to 109 of the WIA 1991 (inclusive) in respect of any connections to public sewers;

• (g) section 111 of the WIA 1991 in respect of the restrictions on use of public sewers;

• (h) sections 158 and 159 of the WIA 1991 in respect of statutory rights of access to DCC apparatus;

• (i) section 174 of the WIA 1991 in respect of offences of interference with works etc;

• (j) section 178 of the WIA 1991 in respect of obstruction of sewerage works etc; and

• (k) section 185 of the WIA 1991 in respect of the removal, diversion or alteration of DCC apparatus.

• (2) The arbitration provisions at article 35 or specified in this Schedule shall not apply where DCC uses a warrant of entry in accordance with the provisions of the WIA 1991.

Protection of DCC apparatus

5

• (1) Not less than 28 days before starting the execution of any works that are within the clearance area or will, or could reasonably foreseeably affect, any DCC apparatus the removal or alteration of which has not been required by the undertaker under paragraph 4(k), the undertaker shall submit to DCC written notice together with a draft specification.

• (2) DCC shall examine the draft specification submitted under sub-paragraph 5(1) and give its written consent or proposed amendments (each not to be unreasonably withheld or delayed) to the draft specification (including the proposed commencement date and anticipated completion date) within 28 days from the date of receipt (and in the event of amendments the process in this sub-paragraph 5(2) shall be repeated where those amendments are not accepted). For the avoidance of doubt, DCC’s proposed amendments may include such reasonable Requirements for the alteration (including but not limited to the extension of DCC apparatus) or otherwise for the protection of DCC apparatus, or for securing access to it.

• (3) Once approved under sub-paragraph 5(2), the draft specification shall become the specification and the works shall be executed only in accordance with the specification and such reasonable Requirements as may be made in accordance with sub‑paragraph 5(2) and DCC shall be entitled to watch and inspect the execution of those works.

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

• (5) The undertaker shall not be required to comply with sub-paragraph 5(1) in a case of emergency provided it has complied with paragraph 8 below save that the undertaker shall comply with sub-paragraphs 5(1) and (3) above in so far as is reasonably practicable in the circumstances.

• (6) DCC may opt to carry out any temporary and/or protective works specified under sub-paragraph 5(2) to DCC apparatus, and if DCC opts to do so it shall—

• (a) agree the scope and timings of the works with the undertaker (and the undertaker shall not unreasonably withhold or delay its agreement to the same);

• (b) provide an invoice together with supporting evidence of the estimated costs of the works on the basis of which it shall agree with undertaker the reasonable costs of the works to be met by the undertaker;

• (c) following agreement and payment of the costs, DCC shall as soon as reasonably practicable carry out and complete the works; and

• (d) notify the undertaker immediately in writing upon completion of the temporary and/or protective works.

• (7) Only those contractors that satisfy DCC’s reasonable health and safety Requirements are permitted to make openings into and/or connections with and/or carry out any works on or within any public sewer or drain vested in DCC unless otherwise agreed with DCC.

• (8) Only DCC is permitted to make openings into and/or connections with and/or carry out any works on or within any public water main vested in DCC unless otherwise agreed with DCC.

• (9) Where DCC apparatus will be affected by the works the undertaker must determine the exact location of DCC apparatus prior to any works being carried out by the undertaker and the undertaker should contact DCC where trial holes are required at the undertaker’s expense.

• (10) Any affected DCC apparatus which is no longer required by DCC but is not removed shall be transferred to the undertaker by way of a deed of transfer from DCC at the undertaker’s expense and on such terms as DCC reasonably requires.

Suspension of works

6

• (1) DCC shall be entitled to instruct the undertaker to suspend the works if in DCC’s reasonable opinion the actions of the undertaker, or those of its contractor(s) or subcontractor(s) in carrying out the works, have caused damage to any DCC apparatus and/or are likely to cause or result in damage to any DCC apparatus and/or have caused or are likely to cause damage to the environment arising as a result of damage to DCC apparatus. In the event of such instruction being given by DCC—

• (a) the undertaker shall procure that it and its contractor(s) and subcontractor(s) shall forthwith suspend or cease the works having due regard to health and safety factors and shall discuss and agree with DCC the remedial actions required prior to resuming the works;

• (b) the undertaker and DCC shall act reasonably and without delay in discussing and agreeing any remedial actions required prior to resuming the works;

• (c) DCC shall submit to the undertaker within 5 days following the suspension, a written notice specifying the reasons for suspending the works;

• (d) in the event that DCC fails to supply the written notice within 5 days of suspension DCC’s instruction to suspend the works shall be void and the undertaker shall be entitled to recommence the works; and

• (e) DCC shall commence, carry out and complete any remedial works pursuant to sub-paragraph 6(1), as soon as reasonably practicable and DCC shall give the undertaker notice immediately upon completion of such remedial works and on receipt of such notice the undertaker shall be entitled to resume the works.

• (2) DCC shall be entitled to reclaim all reasonable costs of all remedial works undertaken in accordance with this paragraph 6.

7

• (1) In the event that either the undertaker or DCC (for the purpose of this paragraph 7 “the party” or together “the parties”) wishes to take any action which would impact on the ability of the undertaker to carry out the development or DCC to carry out its statutory functions, the parties shall use reasonable endeavours to cooperate with one another in order to align work streams so to minimise or avoid disruption to the other party’s works. In respect of the references to ‘work’ and ‘works’ in this sub-paragraph 7(1), to the extent that this refers to ‘work’ or ‘works’ to be undertaken by DCC, the definition of works in paragraph 2 of this Part does not apply.

• (2) Subject to paragraph 8, differences or disputes arising between the undertaker and DCC under this Schedule shall, unless otherwise agreed in writing between the undertaker and DCC, be determined by arbitration in accordance with article 35 (arbitration) of the Order.

Emergency Works

8

• (1) The undertaker is permitted to carry out emergency works provided that it first notifies DCC of the proposed emergency works.

• (2) DCC shall at all times be permitted to carry out any emergency works in relation to its DCC apparatus within the Order Limits in accordance with Part II Schedule 6 WIA 1991.

• (3) Emergency works required in order for DCC to fulfil its statutory functions under sub-paragraph 8(2) shall take precedence over works to be carried out by the undertaker and, in such circumstances, the undertaker shall reschedule its works accordingly.

• (4) In respect of the references to ‘work’ and ‘works’ in this paragraph 8, to the extent that this is ‘work’ or ‘works’ to be undertaken by DCC, the definition of works in paragraph 2 of this Part does not apply.

PART 4 — For the protection of Wales and West Utilities Limited

Application

1

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

Interpretation

2

In this Part of this Schedule—

• “acceptable insurance” means third party liability insurance effected and maintained by the undertaker with a limit of indemnity of not less than £10,000,000 (Ten Million Pounds) per occurrence or series of occurrences arising out of one event. Such insurance shall be maintained for the entire construction period of the authorised works;

• “apparatus” means in the case of the protected person, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;

• “authorised works” has the same meaning as in Schedule 1 (authorised development) of this Order;

• “commencement” has the same meaning as in paragraph 1 of Schedule 3 (Requirements) and commence shall be construed to have the same meaning;

• “functions” includes powers and duties;

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

• “maintain” and “maintenance” shall include the ability and right to do any of the following in relation to any apparatus of the protected person including construct, use, repair, alter, inspect, renew or remove the apparatus;

• “plan” or “plans” include all 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;

• “protected person” means Wales and West Utilities Limited, a limited company registered under Company No 05046791 and having its registered office at Wales & West House, Spooner Close Coedkernew, Newport, South Wales NP10 8FZ, being a gas transporter within the meaning of Part 1 of the Gas Act 1986; and

3

Except for paragraphs 5 (retained apparatus: Protection Gas Undertakers) and 6 (expenses) this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the protected person are regulated by the provisions of Part 3 of the 1991 Act.

Acquisition of Land

4

Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker shall not acquire any land interest or apparatus or override any easement or other interest of the protected person otherwise than by agreement.

Retained apparatus: Protection: Protected Persons

5

• (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 undertaker shall submit to the protected person in question a plan.

• (2) In relation to works which will or may be situated on, over, under or within 15 metres measured in any direction of any apparatus, or (wherever situated) impose any load directly upon any apparatus or involve embankment works within 15 metres of any apparatus, the plan to be submitted to the protected person under sub-paragraph (1) shall be detailed including a method statement and describing—

• (a) the exact position of the works;

• (b) the level at which these are proposed to be constructed or renewed;

• (c) the manner of their construction or renewal including details of excavation, positioning of plant etc;

• (d) the position of all apparatus;

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

• (f) intended maintenance regimes.

• (3) The undertaker shall not commence any works to which sub-paragraph (2) applies until the protected person has given written approval of the plan so submitted.

• (4) Any approval of the protected person required under sub-paragraph (2)—

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

• (b) shall not subject to sub-paragraph 4(a) be unreasonably withheld.

• (5) In relation to a work to which sub-paragraph (2) applies, the protected person 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 executed under this Order shall be executed only in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub paragraph (4), as amended from time to time by agreement between the undertaker and the protected person and in accordance with such reasonable Requirements as may be made in accordance with sub-paragraph (5) or (7) by the protected person for the protection of the apparatus, for securing access to the apparatus, and the protected person shall be entitled to watch and inspect the execution of this works.

• (7) Where protected persons require any protective works to be carried out either themselves or by the undertaker (whether of a temporary or permanent nature) such protective works shall be carried out to the protected persons’ satisfaction prior to the commencement of any authorised works (or any relevant part thereof) and the protected person shall give 56 days’ notice of such works from the date of submission of a plan in line with sub-paragraph (1) or (4) (except in an emergency).

• (8) If the protected person 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 1 to 3 and 6 to 8 shall apply as if the removal of the apparatus had been required by the undertaker under paragraph (7).

• (9) Nothing in this paragraph shall preclude 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 having done so the provisions of this paragraph shall apply to and in respect of the new plan.

• (10) The undertaker shall not be 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 it shall give to the protected person in question notice as soon as is reasonably practicable and a plan of those works and shall—

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

• (b) comply with sub-paragraph (11) at all times.

• (11) At all times when carrying out any works authorised under the Order comply with Wales and West Utilities Limited’s policies for safe working in proximity to gas apparatus “Specification for safe working in the vicinity of pipelines and associated installation operating above 2 BAR’s” and HSE’s “HSG47 Avoiding Danger from underground services”.

Expenses

6

• (1) Subject to the following provisions of this paragraph, the undertaker shall pay to the protected person on demand all charges, costs and expenses reasonably committed or incurred by the protected person in, or in connection with, the inspection, removal, alteration, relaying or replacing or protection of any apparatus or the construction of any new apparatus which may be required as a direct consequence of the execution of any such works as are referred to in this Schedule including without limitation—

• (a) the cutting off of any apparatus from any other apparatus;

• (b) the approval of plans;

• (c) the carrying out of protective works (including any temporary protective works and their removal);

• (d) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Schedule.

• (2) The undertaker shall not be liable to the protected person pursuant to paragraph (1) unless the protected person has submitted to and agreed with the undertaker details of the works required unless such works are required in an emergency.

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

Indemnity

7

• (1) If by reason or in consequence of the construction of any such works authorised by this Order or in consequence of the construction, use, maintenance or failure of any of the authorised works by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Order or any subsidence resulting from any of these works), any damage is caused to any apparatus or property of the protected person, or there is any interruption in any service provided, or in the supply of any goods, by any protected person, or the protected person becomes liable to pay any amount to any third party, the undertaker shall—

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

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

• (2) The fact that any act or thing may have been done by a protected person on behalf of the undertaker or in accordance with a plan approved by a protected person or in accordance with any Requirement of the protected person or under its supervision shall not, excuse the undertaker from liability under the provisions of sub-paragraph (1) except where such act or thing done has been done as a result of the negligence of the protected person.

• (3) The protected person 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 taking into account its representations.

• (4) Not commence construction (and not to permit the commencement of such construction) of the authorised works on any land either owned by the protected person in respect of which the protected person has an easement or wayleave for their Apparatus or any other interest or to carry out any works within 15 metres of the protected person’s Apparatus unless and until the protected person is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker has procured acceptable insurance (and provided evidence to the protected person that it shall maintain such acceptable insurance for the construction period of the authorised works from the proposed date of commencement of construction of the authorised works) and the protected person has confirmed the same in writing to the undertaker.

• (5) Notwithstanding any other provision in this Schedule and or the provisions of sub-paragraph 7(2) of this Schedule and for the avoidance of doubt, the protected person shall not be deemed whether by admission, approval, consent, confirmation, acknowledgement, inspection or otherwise to have assumed any responsibility for the plan or any authorised works (without limitation) carried out or to be carried out nor shall the protected person be deemed to have accepted, acknowledged or given or made any representation that the authorised works shall not cause any damage to any Apparatus.

Enactments and agreements

8

Nothing in this part of this Schedule shall affect the provisions of any enactment or agreement regulating the relations between the undertaker and a protected person in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

9

Where in consequence of the proposed construction of any of the authorised works the protected person makes Requirements for the protection or alteration of apparatus under paragraphs 5 the undertaker shall use all reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the protected person’s undertaking and the protected person shall use all reasonable endeavours to co-operate with the undertaker for that purpose.

Access

10

If in consequence of the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker shall provide such alternative means of access to such apparatus as will enable the protected person to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

11

Any difference or dispute arising between the undertaker and the protected person under this Schedule shall, unless otherwise agreed in writing between the undertaker and the protected person, be determined by arbitration in accordance with article 35 (arbitration).

PART 5 — For the protection of operators of electronic communications code networks

1

For the protection of any operator, the following provisions are to have effect, unless otherwise agreed in writing between the undertaker and the operator.

2

In this Part of this Schedule—

• “the 2003 Act” means the Communications Act 2003[^f00027];

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

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

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

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

• “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of, or paragraph 17 of Schedule 18 to, the 2003 Act; and

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

3

The exercise of the powers of article 30 (statutory undertakers) are subject to paragraph 23 of Schedule 2 to the Telecommunications Act 1984[^f00028].

4

• (1) Subject to sub-paragraphs (2) and (3), if as the result of the authorised development or their construction, or of any subsidence resulting from any of those works any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works, or other property of an operator) the undertaker must bear and pay the cost reasonably and properly incurred by the operator in making good such damage.

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

• (3) Any difference arising between the undertaker and the operator under this paragraph is to be referred to and settled by arbitration under article 35 (arbitration).

5

This Part of this Schedule does not apply to—

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

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

6

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

SCHEDULE 10 — Discharge of Requirements

Applications made under Requirement

1

Where an application has been made to the relevant planning authority for any agreement or approval required pursuant to a Requirement included in this Order, the relevant planning authority must give notice to the undertaker of their decision including the reasons on the application, within a period of 8 weeks beginning with—

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

• (b) such longer period as may be agreed by the undertaker and the relevant planning authority.

Further information

2

• (1) Where an application has been made under paragraph (1) the relevant planning authority shall have the right to request such reasonable further information from the undertaker as is necessary to enable it to consider the application.

• (2) If the relevant planning authority considers further information is needed, and the Requirement does not specify that consultation with a Requirement consultee is required, it must, within 14 business days of receipt of the application, notify the undertaker in writing specifying the further information required.

• (3) If the Requirement indicates that consultation must take place with a Requirement consultee the relevant planning authority must issue the consultation to the Requirement consultee within 5 business days of receipt of the application and must notify the undertaker in writing specifying any further information requested by the Requirement consultee within 3 business days of receipt of such a request and in any event within 21 business days of receipt of the application.

• (4) In the event that the relevant planning authority does not give such notification as specified in sub-paragraph (2) or (3) it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker.

Appeals

3

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

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

• (b) the relevant planning authority does not give notice of its decision to the undertaker within the time period specified in paragraph (1),

and any appeal must be made within 42 business days following the occurrence of any of the events in sub-paragraphs (a) and (b).

• (2) In this Schedule—

• “appeal parties” means the relevant planning authority, the Requirement consultee and the undertaker; and

• “Requirement consultee” means any body named in a Requirement which is the subject of an appeal as a body to be consulted by the relevant planning authority in discharging that Requirement.

Appeal process

4

• (1) Any appeal under this Schedule shall take place by written representations only. The appeal process shall be as follows—

• (a) the undertaker must submit to the Secretary of State a copy of the application submitted to the relevant planning authority and any supporting documents which the undertaker may wish to provide (“the appeal documentation”) and must on the same day provide copies of the appeal documentation to the relevant planning authority and any Requirement consultee;

• (b) as soon as is practicable after receiving the appeal documentation, the Secretary of State may appoint a person to determine the appeal (“the appointed person”) and shall notify the appeal parties of the identity of the appointed person and the address to which all correspondence for that person’s attention should be sent;

• (c) the relevant planning authority and the Requirement consultee (if any) must submit written representations to the appointed person in respect of the appeal within 10 business days of the date on which the appeal parties are notified of the appointed person under paragraph (b) 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 10 business days of receipt of written representations pursuant to paragraph (c); and

• (e) the appointed person shall make a decision and notify it to the appeal parties, with reasons, as soon as practicable.

• (2) The appointment of the person pursuant to sub-paragraph (1)(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 shall, as soon as practicable, notify the appeal parties in writing specifying the further information required, the party from whom the information is sought and the date by which the information is to be submitted.

• (4) Any further information required pursuant to sub-paragraph (3) must be provided to the appointed person and the other appeal parties on or before the date specified by the appointed person. Any written representations concerning matters contained in the further information must be provided to the appointed person and the other appeal parties within 10 business days of that date.

• (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 planning 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 and must state in writing the reasons for any decision.

• (6) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the time limits set by the appointed person under this paragraph.

• (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 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 3 to this Order as if it had been given by the relevant planning authority.

• (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 planning authority, the reasonable costs of the appointed person must be met by the undertaker.

• (11) On application by the relevant planning 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 is to have regard to Communities and Local Government Circular 03/2009 or any circular or guidance which may from time to time replaces it.

Fees

5

• (1) Where an application is made to the relevant planning authority for agreement or approval in respect of a Requirement a fee equivalent to the fee for the discharge of a planning condition, if applicable at the time of the application, is to be paid to it.

• (2) Any fee paid under this Schedule must be refunded to the undertaker within 4 weeks of—

• (a) the application being rejected as invalidly made; or

• (b) the relevant planning authority failing to determine the application within the period determined under sub-paragraph (1), unless within that period the undertaker agrees in writing that the fee is to be retained by the relevant planning authority and credited in respect of a future application.

SCHEDULE 11 — Removal of important hedgerows

(1)Area	(2) Number of important hedgerow as identified on the trees and hedgerows with the potential to be affected plans
In the County of Carmarthenshire	H1
In the County of Carmarthenshire	H2
In the County of Carmarthenshire	H3
In the County of Carmarthenshire	H4
In the County of Carmarthenshire	H5
In the County of Carmarthenshire	H6
In the County of Carmarthenshire	H7
In the County of Carmarthenshire	H8

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 — 6th October 2016

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Western Power Distribution (South Wales) Plc (referred to in this Order as the undertaker) to construct and maintain a 132kV above ground electric line approximately 28.6km long in Carmarthenshire, Wales. The electric line runs from a new substation serving the Brechfa Forest West Wind Farm to the existing Swansea 132kV above ground electric line and includes a section of approximately 3.56km of undergrounding. The Order permits the undertaker to acquire, compulsorily or by agreement, rights in land and to use land for this purpose. A copy of the plans and book of reference referred to in this Order and certified in accordance with article 33 (certification of plans) of this Order may be inspected free of charge at Carmarthenshire County Borough Council of County Hall, Carmarthen SA31 1JP.

Footnotes

[^f00001]: 2008 c. 29. The relevant provisions of the Planning Act 2008 are amended by Chapter 6 of Part 6 of, and Schedule 13 to, the Localism Act 2011 (c. 20), and by sections 22-27 of the Growth and Infrastructure Act 2013 (c. 27).

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

[^f00003]: 1961 c. 33.

[^f00004]: 1965 c. 56.

[^f00005]: 1980 c. 66.

[^f00006]: 1981 c. 66.

[^f00007]: 1984 c.27

[^f00008]: 1989 c.29

[^f00009]: 1990 c. 8.

[^f00010]: 1991 c. 22.

[^f00011]: 1971 c. 80.

[^f00012]: 1981 c. 67.

[^f00013]: 2004 c.18

[^f00014]: 1991 c.56. Section 106 was amended by the Water Act 2003 (c.37), sections 36(2) and 99.

[^f00015]: S.I. 2010/675.

[^f00016]: 1991 c.57.

[^f00017]: 1990 c. 43.

[^f00018]: 1974 c. 40. Section 61(9) amended by section 162 of, and paragraph 15 of Schedule 15 to, the Environmental Protection Act 1990 (c. 43). There are other amendments to this Act which are not relevant to this Order.

[^f00019]: 1981 c. 67.

[^f00020]: 2003 c.21. There are amendments to the Act which are not relevant to this Order.

[^f00021]: S.I.1997/1160, to which there are amendments not relevant to this Order.

[^f00022]: 1978 c. 30. There are amendments to this Act which are not relevant to this Order.

[^f00023]: 1973 c. 26.

[^f00024]: 1962 c.58.

[^f00025]: 1986 c.44.

[^f00026]: 1991 c.56.

[^f00027]: 2003 c. 21. There are amendments to the Act which are not relevant to this Order.

[^f00028]: 1984 c. 12. There are amendments to the Act which are not relevant to this Order.

Editorial notes

[^key-018c19b541e1ffc95582969b052a52f8]: Sch. 3 para. 15 in force at 28.10.2016, see art. 1

[^key-032d36100dc5ce8035e31c783abbb522]: Art. 1 in force at 28.10.2016, see art. 1

[^key-03ce664b1d16edee0fe2be5cc797cac0]: Art. 33 in force at 28.10.2016, see art. 1

[^key-06f5bcb901453e16e5ff9270d515efe3]: Sch. 3 para. 20 in force at 28.10.2016, see art. 1

[^key-0b2993d1071f81783b8d253433921856]: Sch. 2 Pt. 9 in force at 28.10.2016, see art. 1

[^key-0d8f2d97d9e1468d49421073797d2aa2]: Sch. 3 para. 3 in force at 28.10.2016, see art. 1

[^key-100df26ebfd8232a0ba7d78ddd29c942]: Art. 5 in force at 28.10.2016, see art. 1

[^key-196e9e13c2a065ed60aafe799065cbec]: Sch. 2 Pt. 10 in force at 28.10.2016, see art. 1

[^key-1b28cd7cb468e09f4d8c4674800ce3be]: Sch. 3 para. 4 in force at 28.10.2016, see art. 1

[^key-20a04c9a8b9cff778fb43e7f30809a9d]: Sch. 5 in force at 28.10.2016, see art. 1

[^key-23d07ca32b0cf07ab741fe4d883e5536]: Art. 32 in force at 28.10.2016, see art. 1

[^key-249a9151604c47e433ba4445f4675f47]: Art. 35 in force at 28.10.2016, see art. 1

[^key-24d15177f5f96898297d7e504962c2b7]: Art. 20 in force at 28.10.2016, see art. 1

[^key-28830709dba480ff1b600d3a5eb9562b]: Sch. 2 Pt. 2 in force at 28.10.2016, see art. 1

[^key-2926bc197be727ac9532525d34451823]: Sch. 10 para. 3 in force at 28.10.2016, see art. 1

[^key-2b04ca4985c9161e7dd0e9c63acc3435]: Sch. 4 para. 6 in force at 28.10.2016, see art. 1

[^key-2b15aa2b40719f08c09bb4b79233bed1]: Sch. 3 para. 23 in force at 28.10.2016, see art. 1

[^key-2c67090367473c89506dd43c23ba4c16]: Art. 19 in force at 28.10.2016, see art. 1

[^key-2dc84e1eede1630557307b43b7212f03]: Sch. 3 para. 21 in force at 28.10.2016, see art. 1

[^key-2e7a526422d7a8db509b2f0e89638923]: Art. 9 in force at 28.10.2016, see art. 1

[^key-318f80d5df4f3ef6c26f3b10dbd3d7a9]: Sch. 3 para. 31 in force at 28.10.2016, see art. 1

[^key-363d98e1ec758907592a86cd170b761b]: Sch. 3 para. 29 in force at 28.10.2016, see art. 1

[^key-36ae3490c1518a004c81e425341e5ee5]: Sch. 3 para. 24 in force at 28.10.2016, see art. 1

[^key-3856a6a949a7b0575f99f37003e8cc48]: Sch. 3 para. 30 in force at 28.10.2016, see art. 1

[^key-394b027f41be9c86fbe869f2c3fede30]: Sch. 3 para. 25 in force at 28.10.2016, see art. 1

[^key-3aab431f6615b0d1ccf03bd2a183cb8b]: Art. 37 in force at 28.10.2016, see art. 1

[^key-3b4f9a3620a28fc8629d522d77f0b3e4]: Art. 13 in force at 28.10.2016, see art. 1

[^key-3d046b9334a53f886d5953111b78c3e0]: Art. 26 in force at 28.10.2016, see art. 1

[^key-3f86fbf274a492dc3b516f03b50a2639]: Sch. 3 para. 13 in force at 28.10.2016, see art. 1

[^key-4805d5be440be1c7188ed908f7245cff]: Sch. 2 Pt. 4 in force at 28.10.2016, see art. 1

[^key-4879e0c229b59c16aeb146a52a35308e]: Sch. 4 para. 8 in force at 28.10.2016, see art. 1

[^key-4ac358f7c8288234508132c142f683b1]: Sch. 9 Pt. 2 para. 12 in force at 28.10.2016, see art. 1

[^key-4ee856bb6051c85f1bfa503590e4ae0c]: Art. 18 in force at 28.10.2016, see art. 1

[^key-5061d2f7630e81c4553cc878edd00d54]: Sch. 3 para. 28 in force at 28.10.2016, see art. 1

[^key-5231ac52b60ba6d98fd8ea26f3c9ff12]: Art. 14 in force at 28.10.2016, see art. 1

[^key-5a218defd93be0476a243623e8cf2096]: Sch. 2 Pt. 1 in force at 28.10.2016, see art. 1

[^key-5d15867e6e94dc57f7319aa75df91b97]: Art. 28 in force at 28.10.2016, see art. 1

[^key-5ed99c5d1ea9cb0f6485ef39e4b6cbce]: Sch. 3 para. 9 in force at 28.10.2016, see art. 1

[^key-5efa56c8ef743a4b2cb745e02487ec2a]: Art. 24 in force at 28.10.2016, see art. 1

[^key-5f29e4d7ac2f108e448576fffd7bdbc9]: Sch. 4 para. 4 in force at 28.10.2016, see art. 1

[^key-5febb3b50996d29953edac6f5ed47412]: Sch. 4 para. 9 in force at 28.10.2016, see art. 1

[^key-6241593b747ee06363cb9e0fff7b82dd]: Sch. 4 para. 7 in force at 28.10.2016, see art. 1

[^key-632575b05b0ab5603b6d778ebea48655]: Art. 12 in force at 28.10.2016, see art. 1

[^key-664108c10c4fc7b0f6ee340a888396fe]: Sch. 10 para. 2 in force at 28.10.2016, see art. 1

[^key-67b527e350facab67df07ad536390367]: Sch. 3 para. 6 in force at 28.10.2016, see art. 1

[^key-69474e2961232d9e80e39ddfdafbe6e1]: Art. 7 in force at 28.10.2016, see art. 1

[^key-696360ae867501e1b5c50ff7b7a06973]: Sch. 4 para. 3 in force at 28.10.2016, see art. 1

[^key-6b3ab26646a0820bcbf5a8f13e4f7d34]: Art. 3 in force at 28.10.2016, see art. 1

[^key-6d466d41d8f357ff8cd5b3ab986754bb]: Sch. 3 para. 18 in force at 28.10.2016, see art. 1

[^key-6dc21ecde932f1268b7d40d3c0b9b188]: Sch. 4 para. 5 in force at 28.10.2016, see art. 1

[^key-6dc36a8eb7ecb80effab3a38ded3fee1]: Art. 29 in force at 28.10.2016, see art. 1

[^key-7ab8d07b024812a45ceea7d9f1e2f429]: Sch. 2 Pt. 3 in force at 28.10.2016, see art. 1

[^key-7d0b8214e1ff83d13dce7f9beef055a2]: Sch. 7 in force at 28.10.2016, see art. 1

[^key-7ef57c787f127f5178238d2b51ea090e]: Sch. 2 Pt. 7 in force at 28.10.2016, see art. 1

[^key-806ad76aed0a7397bede13279a99e433]: Art. 8 in force at 28.10.2016, see art. 1

[^key-819b7c8df7b3d7a3f90846a516da2f48]: Art. 17 in force at 28.10.2016, see art. 1

[^key-82ad1f9e9ee575cf2aa8c4e4598b3e5b]: Sch. 10 para. 5 in force at 28.10.2016, see art. 1

[^key-849b6d7dab1384ac7f81a99bb079270e]: Sch. 3 para. 2 in force at 28.10.2016, see art. 1

[^key-879f1f2c39588d7be3adc1f185d4e277]: Art. 31 in force at 28.10.2016, see art. 1

[^key-8858b3995f5f689237f4b60c742a9cbe]: Sch. 3 para. 26 in force at 28.10.2016, see art. 1

[^key-888881326eb75f2b1d9775b5ba73c73f]: Sch. 3 para. 27 in force at 28.10.2016, see art. 1

[^key-8a3fa8ca1cdef95ea767be774577c08b]: Sch. 3 para. 7 in force at 28.10.2016, see art. 1

[^key-8ae9837a97ef160d7a51e3d1f8ec7891]: Art. 34 in force at 28.10.2016, see art. 1

[^key-8dd3c97b40329aca42623aaf2a5301b3]: Art. 25 in force at 28.10.2016, see art. 1

[^key-8ddec3273f48ebcb099255ed643ed2d4]: Sch. 3 para. 11 in force at 28.10.2016, see art. 1

[^key-8e290101aa5e9ca362d0a42ea7a29225]: Sch. 2 Pt. 6 in force at 28.10.2016, see art. 1

[^key-91c0125cb550190b7dca6803cd8bcec5]: Sch. 1 in force at 28.10.2016, see art. 1

[^key-9313f4bc2ebb1db871eb11383e16ea2f]: Sch. 2 Pt. 5 in force at 28.10.2016, see art. 1

[^key-98de5a305865976f46cfc40e42c9495b]: Art. 16 in force at 28.10.2016, see art. 1

[^key-994d3efd70804c8c6e48cb55c0f797cf]: Sch. 3 para. 12 in force at 28.10.2016, see art. 1

[^key-9c0b4eae33f69111cda073ae151f4017]: Art. 27 in force at 28.10.2016, see art. 1

[^key-9ce60c80f4d62a9049fab3e35c02c2cf]: Sch. 6 Pt. 2 in force at 28.10.2016, see art. 1

[^key-a0fe9c93510e38f522e10452b888ea6c]: Art. 4 in force at 28.10.2016, see art. 1

[^key-a1df9b35e0377e0eb5a702538962d08b]: Art. 15 in force at 28.10.2016, see art. 1

[^key-a6cda8341c07e3b7051b98d3b4e78465]: Sch. 3 para. 5 in force at 28.10.2016, see art. 1

[^key-a854e6f0d762766c052ce05c739bf7c9]: Sch. 4 para. 1 in force at 28.10.2016, see art. 1

[^key-a8a55848fdabfbf7ff22244dc8cbd710]: Sch. 3 para. 8 in force at 28.10.2016, see art. 1

[^key-af2205806f5d2978fe6912afbd200960]: Art. 36 in force at 28.10.2016, see art. 1

[^key-b012e6e36fe52422314d50a8aba9ca5c]: Sch. 3 para. 14 in force at 28.10.2016, see art. 1

[^key-b2ca9ea251f640e9b8a2a0676095df59]: Sch. 10 para. 4 in force at 28.10.2016, see art. 1

[^key-b5293a41681d054c5db6a6c9915c3cb6]: Sch. 3 para. 1 in force at 28.10.2016, see art. 1

[^key-b74ca7a990c8586157633cf878955e8a]: Sch. 11 in force at 28.10.2016, see art. 1

[^key-bb8c4b5354efed3e581546135bfa49fd]: Sch. 3 para. 17 in force at 28.10.2016, see art. 1

[^key-be25de525579bbad6610afa8d3adc455]: Sch. 3 para. 19 in force at 28.10.2016, see art. 1

[^key-cba6562a6adabc24b2e34831a0281dff]: Sch. 3 para. 16 in force at 28.10.2016, see art. 1

[^key-ccf5de7c6ce9f5578cc0d36bf40213f4]: Sch. 10 para. 1 in force at 28.10.2016, see art. 1

[^key-d92b55ef9fc1bdac128fd4936a846d8d]: Art. 2 in force at 28.10.2016, see art. 1

[^key-dbaf94d7df8ee46c824960e75ee1e538]: Art. 21 in force at 28.10.2016, see art. 1

[^key-de6a73f1e682a5708245125c65a81054]: Sch. 6 Pt. 1 in force at 28.10.2016, see art. 1

[^key-e0a3a65c2b3fbc6ad9373a5d2d383a81]: Art. 23 in force at 28.10.2016, see art. 1

[^key-e52c98b66ea2209073a6606ad855afa3]: Sch. 3 para. 10 in force at 28.10.2016, see art. 1

[^key-e5ab721f34c33907f577489c3bf64573]: Sch. 3 para. 22 in force at 28.10.2016, see art. 1

[^key-e72f33a4123b8f7e0f4ea70b8fd08e88]: Art. 10 in force at 28.10.2016, see art. 1

[^key-ea6cecc46c155ea96c98585bbe7b0404]: Art. 30 in force at 28.10.2016, see art. 1

[^key-ee295649043db4b71b10be03377cc764]: Sch. 4 para. 2 in force at 28.10.2016, see art. 1

[^key-eef69c9ce31d54e11089cc365101e71c]: Art. 11 in force at 28.10.2016, see art. 1

[^key-f1858210e4468dfc272cfe53db99dc75]: Sch. 8 in force at 28.10.2016, see art. 1

[^key-f3d085c5cf7d50fabeb2775a20ee01fd]: Art. 6 in force at 28.10.2016, see art. 1

[^key-f414f5b0242211e431061a1eadf0fd20]: Sch. 2 Pt. 8 in force at 28.10.2016, see art. 1

[^key-fa10f56c9296f3276f96a815d0a52e45]: Art. 22 in force at 28.10.2016, see art. 1

[^key-2f49882b29ee30340733a2e8905ca2c3]: Sch. 9 Pt. 1 para. 1 in force at 28.10.2016, see art. 1

[^key-f9d97b6ed03acee57ee0bc9f2ce37c8e]: Sch. 9 Pt. 1 para. 2 in force at 28.10.2016, see art. 1

[^key-46b248e64558109828c277f624600723]: Sch. 9 Pt. 1 para. 3 in force at 28.10.2016, see art. 1

[^key-5b8589bc6c6c7f3f1e114b6dddf3c6bb]: Sch. 9 Pt. 1 para. 4 in force at 28.10.2016, see art. 1

[^key-076fae98e23f3c9cf655449dac1d81c8]: Sch. 9 Pt. 1 para. 5 in force at 28.10.2016, see art. 1

[^key-1fc71e0582e3c57b3f5795f188f7010b]: Sch. 9 Pt. 1 para. 6 in force at 28.10.2016, see art. 1

[^key-0303fabe4c89acb09909d697460618af]: Sch. 9 Pt. 2 para. 1 in force at 28.10.2016, see art. 1

[^key-a28d5671226923b2917ab8d1a00eebe2]: Sch. 9 Pt. 2 para. 2 in force at 28.10.2016, see art. 1

[^key-faf5855cf7ca930ae15975895c059a7e]: Sch. 9 Pt. 2 para. 4 in force at 28.10.2016, see art. 1

[^key-e34a28bb085e118c0eeb658c5d567831]: Sch. 9 Pt. 2 para. 5 in force at 28.10.2016, see art. 1

[^key-b4da455b6d309c27b2bb9ab3ace07095]: Sch. 9 Pt. 2 para. 6 in force at 28.10.2016, see art. 1

[^key-42e418f0addad9359a2ebebb5d77dffb]: Sch. 9 Pt. 2 para. 7 in force at 28.10.2016, see art. 1

[^key-efabb3369ae725d10db9a37dbabacd10]: Sch. 9 Pt. 2 para. 8 in force at 28.10.2016, see art. 1

[^key-7524725468954af7f528a51e7251d744]: Sch. 9 Pt. 2 para. 9 in force at 28.10.2016, see art. 1

[^key-782c96331ebb519d0503da5bab767459]: Sch. 9 Pt. 2 para. 10 in force at 28.10.2016, see art. 1

[^key-26806aa14ca05c69f7419bf16f46d106]: Sch. 9 Pt. 2 para. 11 in force at 28.10.2016, see art. 1

[^key-7cf89e11012ee553bfda3e3c8f483f36]: Sch. 9 Pt. 3 para. 1 in force at 28.10.2016, see art. 1

[^key-861c529a031b6091a789e11774013c7b]: Sch. 9 Pt. 3 para. 2 in force at 28.10.2016, see art. 1

[^key-1b8e3d3ddfdd9622002bf0efe8aa1f61]: Sch. 9 Pt. 3 para. 3 in force at 28.10.2016, see art. 1

[^key-1b775f380c05e021578584748da1de9a]: Sch. 9 Pt. 3 para. 4 in force at 28.10.2016, see art. 1

[^key-765d167db60b3df8a2d38a4ee35fb16e]: Sch. 9 Pt. 3 para. 5 in force at 28.10.2016, see art. 1

[^key-a82a1f7281e21f116b4eb613abc7f0b8]: Sch. 9 Pt. 3 para. 6 in force at 28.10.2016, see art. 1

[^key-1c72625215178bafc0ea79c609a8ce61]: Sch. 9 Pt. 3 para. 7 in force at 28.10.2016, see art. 1

[^key-d9966ac70bec65a2b04e3694638db7e7]: Sch. 9 Pt. 3 para. 8 in force at 28.10.2016, see art. 1

[^key-e09701aba2bdb5925727260fc15f0726]: Sch. 9 Pt. 4 para. 1 in force at 28.10.2016, see art. 1

[^key-4ba0f191ee552bffd12f1b3d949cca3a]: Sch. 9 Pt. 4 para. 2 in force at 28.10.2016, see art. 1

[^key-c33aec899c63f100a2304881cba40e4b]: Sch. 9 Pt. 4 para. 4 in force at 28.10.2016, see art. 1

[^key-b1af97d7cfd29bcc9fedc7c7edc8bfb4]: Sch. 9 Pt. 4 para. 5 in force at 28.10.2016, see art. 1

[^key-d07438ec2f2576f00f52b127cb93c67d]: Sch. 9 Pt. 4 para. 6 in force at 28.10.2016, see art. 1

[^key-90f61580440311737265d448d297cd60]: Sch. 9 Pt. 4 para. 7 in force at 28.10.2016, see art. 1

[^key-b3118a8d6c0a6f09fc36bfd01f42119d]: Sch. 9 Pt. 4 para. 8 in force at 28.10.2016, see art. 1

[^key-25292eeec3cd1b68377fd8426fd4f574]: Sch. 9 Pt. 4 para. 9 in force at 28.10.2016, see art. 1

[^key-e4c65fb1cdacf692a62b0e54eaa59336]: Sch. 9 Pt. 4 para. 10 in force at 28.10.2016, see art. 1

[^key-bb10814d099b499ec80a77cdc5fe85f5]: Sch. 9 Pt. 4 para. 11 in force at 28.10.2016, see art. 1

[^key-ea457ed73837ba8660a76c1b72dcb73d]: Sch. 9 Pt. 5 para. 1 in force at 28.10.2016, see art. 1

[^key-6fa34360b2d5e97537c8d7155f51b816]: Sch. 9 Pt. 5 para. 2 in force at 28.10.2016, see art. 1

[^key-2b537bf01e7cac2257b4c83d23b95e6d]: Sch. 9 Pt. 5 para. 3 in force at 28.10.2016, see art. 1

[^key-4faf5a2e7d9ff29c81eca979bc673540]: Sch. 9 Pt. 5 para. 4 in force at 28.10.2016, see art. 1

[^key-7ea4601644bf522505a1fad6b003e34d]: Sch. 9 Pt. 5 para. 5 in force at 28.10.2016, see art. 1

[^key-526d8ae651787fd37e0256bd7bd0c279]: Sch. 9 Pt. 5 para. 6 in force at 28.10.2016, see art. 1

[^M_I_30695893-c7e4-46b9-9d04-f4a72e855a42]: Sch. 9 Pt. 2 para. 3 in force at 28.10.2016, see art. 1

[^M_I_4fcedfd0-f53b-4e98-9865-16b35f3e482f]: Sch. 9 Pt. 4 para. 3 in force at 28.10.2016, see art. 1

[^key-5182d5f394ccb00566119658a121501c]: Sch. 2 Pt. 3 table substituted (10.3.2017) by The Brechfa Forest Wind Farm Connection (Correction) Order 2017 (S.I. 2017/343), arts. 1, 2(1)

[^key-9a07fd1d29f4e889ca6a0f202438627d]: Sch. 2 Pt. 5 table substituted (10.3.2017) by The Brechfa Forest Wind Farm Connection (Correction) Order 2017 (S.I. 2017/343), arts. 1, 2(2)

[^key-0b88bd241e79b672aca84fbdc3853c77]: Sch. 2 Pt. 7 table substituted (10.3.2017) by The Brechfa Forest Wind Farm Connection (Correction) Order 2017 (S.I. 2017/343), arts. 1, 2(3)

[^key-44d5fe5f94ec01469052313af808e10c]: Sch. 2 Pt. 8 table substituted (10.3.2017) by The Brechfa Forest Wind Farm Connection (Correction) Order 2017 (S.I. 2017/343), arts. 1, 2(4)

[^key-54378cc4674ad33fd800b102e17be00b]: Sch. 2 Pt. 9 table substituted (10.3.2017) by The Brechfa Forest Wind Farm Connection (Correction) Order 2017 (S.I. 2017/343), arts. 1, 2(5)

[^key-572719c1a21940ac48b0abfe46586265]: Sch. 2 Pt. 10 table substituted (10.3.2017) by The Brechfa Forest Wind Farm Connection (Correction) Order 2017 (S.I. 2017/343), arts. 1, 2(6)

[^key-d4c4f93b533a7fa21217d1790899a0c3]: Words in Sch. 3 requirement 5(4) substituted (10.3.2017) by The Brechfa Forest Wind Farm Connection (Correction) Order 2017 (S.I. 2017/343), arts. 1, 2(7)