The Cleve Hill Solar Park Order 2020

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

• (a) any damage to any drainage work so as to impair its efficiency for the purposes of flood defence;

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

• (c) any flooding or increased flooding of any such land,

that is 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 (such agreement not to 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 between the undertaker and the drainage authority under this Part, if the parties agree, must be determined by arbitration under article 35 (arbitration).

PART 5 — FOR THE PROTECTION OF BLUE TRANSMISSION LONDON ARRAY LIMITED

Application

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agreements

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Co–operation

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Arbitration

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 6 — FOR THE PROTECTION OF UKPN

1

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

2

In this part of this Schedule—

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

• “apparatus” means electric lines or electrical plant (as defined in the 1989 Act), belonging to or maintained by UKPN;

• “functions” includes powers and duties;

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

• “UKPN” means South Eastern Power Networks plc (Company No. 03043097) whose registered office is at Newington House, 237 Southwark Bridge Road, London SE1 6NP;

3

This part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and UKPN are regulated by the provisions of Part 3 of the 1991 Act.

4

Regardless of the temporary prohibition or restriction of use of streets under the powers conferred by article 10 (temporary stopping up of streets), UKPN is at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the prohibition or restriction was in that street.

5

Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

6

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that UKPN's apparatus is relocated or diverted, that apparatus must not be removed under this part of this Schedule, and any right of UKPN to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of UKPN in accordance with sub–paragraphs to .

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to UKPN written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order UKPN reasonably needs to remove any of its apparatus) the undertaker must, subject to sub–paragraph , afford to UKPN the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub–paragraph , in the land in which the alternative apparatus or part of such apparatus is to be constructed, UKPN must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed provided that this obligation shall not require UKPN to exercise any power it may have to acquire any land or rights by compulsory purchase order.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between UKPN and the undertaker or in default of agreement settled by arbitration in accordance with article 35 (arbitration).

• (5) UKPN must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 35 (arbitration), and after the grant to UKPN of any such facilities and rights as are referred to in sub-paragraph or , proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this part of this Schedule.

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

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

7

• (1) Where, in accordance with the provisions of this part of this Schedule, the undertaker affords to UKPN facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and UKPN or in default of agreement settled by arbitration in accordance with article 35 (arbitration).

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

8

• (1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under 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 , the undertaker must submit to UKPN a plan, section and description of the works to be executed.

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

• (3) Any requirements made by UKPN under sub–paragraph must be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

• (4) If UKPN in accordance with sub–paragraph 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 and apply as if the removal of the apparatus had been required by the undertaker under paragraph .

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

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

9

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to UKPN the reasonable expenses incurred by UKPN in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 6(2).

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

• (3) If in accordance with the provisions of this part of this Schedule—

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

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

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 35 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to UKPN by virtue of sub–paragraph (1) is to be reduced by the amount of that excess.

• (4) For the purposes of sub–paragraph —

• (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus where such extension is required in consequence of the execution of any such works as are referred to in paragraph 6(2); and

• (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

• (5) An amount which apart from this sub-paragraph would be payable to UKPN in respect of works by virtue of sub–paragraph (1), 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 UKPN any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

10

• (1) Subject to sub–paragraphs and , if by reason or in consequence of the construction of any of the works referred to in paragraph , any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of UKPN, or there is any interruption in any service provided, or in the supply of any goods, by UKPN, the undertaker must—

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

• (b) indemnify UKPN for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from UKPN,

by reason or in consequence of any such damage or interruption.

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

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

11

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

12

Any difference under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and UKPN, be determined by arbitration in accordance with article 35 (arbitration).

SCHEDULE 8 — DEEMED MARINE LICENCE UNDER THE 2009 ACT

PART 1 — LICENSED MARINE ACTIVITIES

1

• (1) In this licence—

• “the 2009 Act” means the Marine and Coastal Access Act 2009;

• “authorised deposits” means the substances and articles specified in paragraph of Part 1 of this licence;

• “authorised development” means the development and associated development described in Part 1 of Schedule 1 (authorised development) of the Order;

• “commence” means the first carrying out of any licensed marine activities authorised by this marine licence;

• “condition” means a condition in Part 2 of this licence;

• “environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of the Order;

• “existing flood defence” means the existing bund and integrated infrastructure located beneath the path known as the Saxon Shore Way and to the north and west of the authorised development;

• “LAT” means lowest astronomical tide;

• “licensed activities” means the activities specified in Part 1 of this licence;

• “MMO” means the Marine Management Agency, the body created under the 2009 Act which is responsible for the monitoring and enforcement of this licence;

• “the location, order limits and grid coordinates plan” means the plan certified as the location, order limits and grid coordinates plan by the Secretary of State for the purposes of the Order under article 34 (certification of plans and documents, etc.);

• “MHWS” means the highest level which spring tides reach on average over a period of time;

• “Order” means the Cleve Hill Solar Park Order 2020;

• “undertaker” means Cleve Hill Solar Park Limited (company number 08904850);

• “Work No. 9” means the work of that description in Schedule 1 of the Order; and

• “works plan” means the plan certified as the works plan by the Secretary of State for the purposes of the Order.

• (2) A reference to any statute, order, regulation or similar instrument is construed as a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

• (3) Unless otherwise indicated—

• (a) all times are taken to be Greenwich Mean Time (GMT); and

• (b) all co-ordinates are taken to be latitude and longitude degrees and minutes to two decimal places.

• (4) Except where otherwise notified in writing by the MMO, notices to the MMO must be sent to—

• (a) Marine Management Organisation

Marine Licensing

Lancaster House

Newcastle Business Park

Newcastle upon Tyne

NE4 7YH

Tel: 0300 123 1032; and

• (b) Marine Management Organisation (local office)

Fish Market

Rock-A-Nore Road

Hastings

East Sussex

TN34 3DW

Details of licensed marine activities

2

• (1) Subject to the licence conditions, this licence authorises the undertaker (and any agent or contractor acting on their behalf) to carry out the following licensable marine activities under section 66(1) (licensable marine activities) of the 2009 Act which—

• (a) form part of, or are related to, the authorised development; and

• (b) are not exempt from requiring a marine licence by virtue of any provision made under section 74 of the 2009 Act.

• (2) Such activities are authorised in relation to—

3

The substances or articles authorised for deposit at sea include—

• (a) iron and steel, copper and aluminium;

• (b) stone and rock;

• (c) concrete;

• (d) sand and gravel;

• (e) timber;

• (f) plastic and synthetics;

• (g) marine coatings; and

• (h) material extracted from within the offshore Order limits.

4

The grid coordinates for that part of the authorised development comprising Work No. 9 are specified below and more particularly on the location, order limits and grid coordinates plan—

5

The provisions of section 72 (variation, suspension, revocation and transfer) of the 2009 Act apply to this licence except that the provisions of section 72(7) relating to the transfer of the licence only apply to a transfer not falling within article 5 (consent to transfer benefit of Order).

6

With respect to any condition which requires the licensed activities be carried out in accordance with the plans, protocols or statements approved under this Schedule, the approved details, plan or project are taken to include any amendments that may subsequently be approved in writing by the MMO.

7

Any amendments to or variations from the approved details must be in accordance with the principles and assessments set out in the environmental statement. Such agreement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of the relevant planning authority or that other person that the subject matter of the agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

PART 2 — CONDITIONS

Notifications regarding licensed activities

1

The licence holder must inform the MMO in writing of the commencement of the first licensed activity at least 24 hours prior to such commencement.

2

• (1) The licence holder must inform the MMO of the name and function of any agent or contractor appointed to engage in any licensed activity not less than 24 hours before the commencement of the licensed activity in question.

• (2) Any changes to details supplied under sub-paragraph (1) must be notified to the MMO in writing prior to the agent, contractor or vessel engaging in the licensed activity in question.

• (3) Only those persons notified to the MMO in accordance with this condition are permitted to carry out a licensed activity.

3

The licence holder must ensure that a copy of this Schedule has been read and understood by any agents and contractors that will be carrying out any licensed activity on behalf of the licence holder, as notified to the MMO under condition 10.

4

Copies of this Schedule must be available for inspection at the following locations—

• (a) the licence holder's registered office; and

• (b) during the construction of the authorised development only, at any site office which is adjacent to or near the river and which has been provided for the purposes of the construction of the authorised development.

Pollution prevention

5

The licence holder must—

• (a) not discharge waste concrete slurry or wash water from concrete, or cement into the marine environment, and where practicable, site concrete and cement mixing and washing areas at least 10 metres away from the marine environment and any surface water drain to minimise the risk of run off entering the marine environment;

• (b) store, handle, transport and use fuels, lubricants, chemicals and other substances so as to prevent releases into the marine environment, including bunding or storage of 110% of the total volume of all reservoirs and containers;

• (c) report any spill of oil, fuel or chemicals into the marine area to the MMO Marine Pollution Response Team (by telephone, within office hours on 0300 200 2024, or outside office hours on 07770 977 825, and at all times, if no response to calls to those numbers, on 0345 051 8486 or via email using dispersants@marinemanagement.org.uk) within 12 hours of the spill occurring;

• (d) store all waste in designated areas that are isolated from surface water drains and open water and are bunded;

• (e) use suitable protective sheeting to prevent dust, debris (including paints and solvents) and rebounded or windblown concrete from entering the water environment, and rebounded material must be cleared away before the sheeting is removed;

• (f) ensure that any coatings and any treatments are suitable for use in the marine environment and are used in accordance with either guidelines approved by the Health and Safety Executive or the Environment Agency;

• (g) not use priority substances and polluting chemicals listed under the Environmental Quality Standards Directive during works.

Post-construction

6

The licence holder must remove all temporary structures, waste and debris associated with the construction activities within 6 weeks following completion of the final construction activity.

Maintenance

7

• (1) Unless otherwise agreed by the MMO, the licenced activities may not commence until a maintenance plan has been approved in writing by the MMO.

• (2) The maintenance plan must be submitted at least 6 weeks prior to the commencement of any maintenance activity, and must include details of the maintenance activities required including location, duration, timings, methodology and materials to be used.

• (3) Maintenance activities must be undertaken in accordance with the agreed plan.

SCHEDULE 9 — ARBITRATION RULES

Primary objective

1

• (1) The primary objective of these arbitration rules is to achieve a fair, impartial, final and binding award on the substantive difference between the parties (save as to costs) within 4 months from the date the arbitrator is appointed pursuant to article 35 of this Order.

• (2) The arbitration will be deemed to have commenced when a party (“the Claimant”) serves a written notice of arbitration on the other party (“the Respondent”).

Time periods

2

• (1) All time periods in these arbitration rules will be measured in days and this will include weekends, but not bank or public holidays.

• (2) Time periods will be calculated from the day after the arbitrator is appointed which is either—

• (a) the date the arbitrator notifies the parties in writing of his/her acceptance of an appointment by agreement of the parties; or

• (b) the date the arbitrator is appointed by the Secretary of State.

Timetable

3

• (1) The timetable for the arbitration will be that set out in sub-paragraphs to below unless amended in accordance with paragraph .

• (2) Within 14 days of the arbitrator being appointed, the Claimant will provide both the Respondent and the arbitrator with—

• (a) a written Statement of Claim which describes the nature of the difference between the parties, the legal and factual issues, the Claimant's contentions as to those issues, the amount of its claim and/or the remedy it is seeking;

• (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports.

• (3) Within 14 days of receipt of the Claimant's statements under sub-paragraph by the arbitrator and Respondent, the Respondent will provide the Claimant and the arbitrator with—

• (a) a written Statement of Defence responding to the Claimant's Statement of Claim, its statement in respect of the nature of the difference, the legal and factual issues in the Claimant's claim, its acceptance of any element(s) of the Claimant's claim, its contentions as to those elements of the Claimant's claim it does not accept;

• (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports;

• (c) any objections it wishes to make to the Claimant's statements, comments on the Claimant's expert report(s) (if submitted by the Claimant) and explanations of the objections.

• (4) Within 7 days of the Respondent serving its statements under sub-paragraph , the Claimant may make a Statement of Reply by providing both the Respondent and the arbitrator with—

• (a) a written statement responding to the Respondent's submissions, including its reply in respect of the nature of the difference, the issues (both factual and legal) and its contentions in relation to the issues;

• (b) all statements of evidence and copies of documents in response to the Respondent's submissions;

• (c) any expert report in response to the Respondent's submissions;

• (d) any objections to the statements of evidence, expert reports or other documents submitted by the Respondent;

• (e) its written submissions in response to the legal and factual issues involved.

Procedure

4

• (1) The parties' pleadings, witness statements and expert reports (if any) will be concise. No single pleading will exceed 30 single-sided A4 pages using 10pt Arial font.

• (2) The arbitrator will make an award on the substantive difference(s) based solely on the written material submitted by the parties unless the arbitrator decides that a hearing is necessary to explain or resolve any matters.

• (3) Either party may, within 2 days of delivery of the last submission, request a hearing giving specific reasons why it considers a hearing is required.

• (4) Within 7 days of receiving the last submission, the arbitrator will notify the parties whether a hearing is to be held and the length of that hearing.

• (5) Within 10 days of the arbitrator advising the parties that he/she will hold a hearing, the date and venue for the hearing will be fixed by agreement with the parties, save that if there is no agreement the arbitrator is to direct a date and venue which he/she considers is fair and reasonable in all the circumstances. The date for the hearing must not be less than 35 days from the date of the arbitrator's direction confirming the date and venue of the hearing.

• (6) A decision will be made by the arbitrator on whether there is any need for expert evidence to be submitted orally at the hearing. If oral expert evidence is required by the arbitrator, then any expert(s) attending the hearing may be asked questions by the arbitrator.

• (7) There will be no process of examination and cross-examination of experts, but the arbitrator must invite the parties to ask questions of the experts by way of clarification of any answers given by the expert(s) in response to the arbitrator's questions. Prior to the hearing the procedure for the expert(s) will be that—

• (a) at least 28 days before a hearing, the arbitrator will provide a list of issues to be addressed by the expert(s);

• (b) if more than one expert is called, they will jointly confer and produce a joint report or reports within 14 days of the issues being provided; and

• (c) the form and content of a joint report must be as directed by the arbitrator and must be provided at least 7 days before the hearing.

• (8) Within 14 days of a hearing or a decision by the arbitrator that no hearing is to be held, the parties may by way of exchange provide the arbitrator with a final submission in connection with the matters in dispute and any submissions on costs. The arbitrator must take these submissions into account in the award.

• (9) The arbitrator may make other directions or rulings as considered appropriate in order to ensure that the parties comply with the timetable and procedures to achieve an award on the substantive difference within 4 months of the date on which he/she is appointed, unless both parties otherwise agree to an extension to the date for the award.

• (10) If a party fails to comply with the timetable, procedure or any other direction then the arbitrator may continue in the absence of a party or submission or document, and may make a decision on the information before him/her attaching the appropriate weight to any evidence submitted beyond any timetable or in breach of any procedure and/or direction.

• (11) The arbitrator's award must include reasons. The parties must accept that the extent to which reasons are given must be proportionate to the issues in dispute and the time available to the arbitrator to deliver the award.

Arbitrator's powers

5

• (1) The arbitrator has all the powers of the Arbitration Act 1996, including the non-mandatory sections, save where modified by these Rules in this Schedule.

• (2) There must be no discovery or disclosure, except that the arbitrator is to have the power to order the parties to produce such documents as are reasonably requested by another party no later than the Statement of Reply, or by the arbitrator, where the documents are manifestly relevant, specifically identified and the burden of production is not excessive. Any application and orders should be made by way of a Redfern Schedule without any hearing.

• (3) Any time limits fixed in accordance with this procedure or by the arbitrator may be varied by agreement between the parties, subject to any such variation being acceptable to and approved by the arbitrator. In the absence of agreement, the arbitrator may vary the timescales and/or procedure—

• (a) if the arbitrator is satisfied that a variation of any fixed time limit is reasonably necessary to avoid a breach of the rules of natural justice and then;

• (b) only for such a period that is necessary to achieve fairness between the parties.

• (4) On the date the award is made, the arbitrator will notify the parties that the award is completed, signed and dated, and that it will be issued to the parties on receipt of cleared funds for the arbitrator's fees and expenses.

Costs

6

• (1) The costs of the arbitration must include the fees and expenses of the arbitrator, the reasonable fees and expenses of any experts and the reasonable legal and other costs incurred by the parties for the arbitration.

• (2) Where the difference involves connected/interrelated issues, the arbitrator will consider the relevant costs collectively.

• (3) The final award must fix the costs of the arbitration and decide which of the parties are to bear them or in what proportion they are to be borne by the parties.

• (4) The arbitrator will award recoverable costs on the general principle that each party should bear its own costs, having regard to all material circumstances, including such matters as exaggerated claims and/or defences, the degree of success for different elements of the claims, claims that have incurred substantial costs, the conduct of the parties and the degree of success of a party.

Confidentiality

7

• (1) The parties agree that any hearings in this arbitration are to take place in private.

• (2) The parties and arbitrator agree that any matters, materials, documents, awards, expert reports and the like are confidential and must not be disclosed to any third party without prior written consent of the other party, save for any application to the Courts or where disclosure is required under any legislative or regulatory requirement.

SCHEDULE 10 — ENVIRONMENTAL STATEMENT SUPPLEMENTS

Document Title	Date	Examination Library Reference
Climate Change Chapter Clarification Note	June 2019	REP2-043
Clarification Note by the Applicant on Glint / Glare Analysis	August 2019	REP3-022
Missing ALC Records	August 2019	REP4-034
Clarification Note on Development Description Chapter	July 2019	AS-028 (Appendix E)
Clarification Note - Removal of Northern Access Route Option	November 2019	AS-048

Signed

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

Gareth Leigh — Head of Energy Infrastructure Planning — 2020-05-28

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 2008 c.29. Section 37 was amended by section 137(5) of, and paragraph 5 of Schedule 13 to, the Localism Act 2011 (c.20). Section 74(2) was amended by paragraph 29(3) of that Schedule. Section 105(2) was amended by paragraph 50 of that Schedule. Section 114 was amended by paragraph 55 of Schedule 13 to the Localism Act 2011. Section 120 was amended by section 140 of, and paragraph 60 of Schedule 13 to, that Act.

[^f00002]: S.I. 2017/572.

[^f00003]: 1961 c.33.

[^f00004]: 1965 c.56.

[^f00005]: 1980 c.66.

[^f00006]: 1981 c.66.

[^f00007]: 1989 c.29.

[^f00008]: 1990 c.8.

[^f00009]: 1991 c.22. Section 48(sA) was inserted by section 124 of the Local Transport Act 2008 (C.26). Sections 78(4), 80(4), and 83(4) were amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004 (c.18).

[^f00010]: 2004 c.20.

[^f00011]: 2008 c.29.

[^f00012]: 2009 c.23.

[^f00013]: “highway” is defined in section 328(1) for “highway authority” see section 1.

[^f00014]: “street authority” is defined in section 49, which was amended by paragraph 117 of Schedule 1 to the Infrastructure Act (c.7).

[^f00015]: 1991 c.59, section 72(1).

[^f00016]: 2017 c.20.

[^f00017]: 1990 c.43

[^f00018]: 1974 c.40. Sections 61(9) and 65(8) were amended by section 162 of, and paragraph 15 of Schedule 3 to, the Environmental Protection Act 1990, c.25. There are other amendments to the 1974 Act which are not relevant to the Order.

[^f00019]: Sections 55, 57, 60, 68 and 69 were amended by the Traffic Management Act 2004 (c.18).

[^f00020]: 1991 c.56. Section 106 was amended by section 35(8)(a) of the Competition and Service (Utilities) Act 1992 (c.43) and sections 36(2) and 99 of the Water Act 2003 (c.37). There are other amendments to this section which are not relevant to this Order.

[^f00021]: S.I. 2016/1154.

[^f00022]: Section 5A to the 1981 Act was inserted by section 182(2) of the Housing and Planning Act 2016 (c.22).

[^f00023]: 2003 c.21

[^f00024]: S.I. 2017/1012.

[^f00025]: 1981 c.69.

[^f00026]: 1974 c.40. Section 61 was amended by Schedule 7 to the Building Act 1984 (c.55), Schedule 15 to the Environmental Protection Act 1990 (c.43) and Schedule 24 to the Environment Act 1995 (c.25).

[^f00027]: 1973 c.26.

[^f00028]: 1986 c.44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c.45), and was further amended by section 76 of the Utilities Act 2000 (c.27).

[^f00029]: 1991 c.56.

[^f00030]: See section 106.

[^f00031]: 2003 c.21.

[^f00032]: 1991 c.59, section 72(1).

Editorial notes

[^c24507721]: 2008 c.29. Section 37 was amended by section 137(5) of, and paragraph 5 of Schedule 13 to, the Localism Act 2011 (c.20). Section 74(2) was amended by paragraph 29(3) of that Schedule. Section 105(2) was amended by paragraph 50 of that Schedule. Section 114 was amended by paragraph 55 of Schedule 13 to the Localism Act 2011. Section 120 was amended by section 140 of, and paragraph 60 of Schedule 13 to, that Act.

[^c24507731]: S.I. 2017/572.

[^c24507741]: 1961 c.33.

[^c24507751]: 1965 c.56.

[^c24507761]: 1980 c.66.

[^c24507771]: 1981 c.66.

[^c24507781]: 1989 c.29.

[^c24507791]: 1990 c.8.

[^c24507801]: 1991 c.22. Section 48(sA) was inserted by section 124 of the Local Transport Act 2008 (C.26). Sections 78(4), 80(4), and 83(4) were amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004 (c.18).

[^c24507811]: 2004 c.20.

[^c24507821]: 2008 c.29.

[^c24507831]: 2009 c.23.

[^c24507841]: “highway” is defined in section 328(1) for “highway authority” see section 1.

[^c24507851]: “street authority” is defined in section 49, which was amended by paragraph 117 of Schedule 1 to the Infrastructure Act (c.7).

[^c24507861]: 1991 c.59, section 72(1).

[^c24507871]: 2017 c.20.

[^c24507881]: 1990 c.43

[^c24507891]: 1974 c.40. Sections 61(9) and 65(8) were amended by section 162 of, and paragraph 15 of Schedule 3 to, the Environmental Protection Act 1990, c.25. There are other amendments to the 1974 Act which are not relevant to the Order.

[^c24507901]: Sections 55, 57, 60, 68 and 69 were amended by the Traffic Management Act 2004 (c.18).

[^c24507911]: 1991 c.56. Section 106 was amended by section 35(8)(a) of the Competition and Service (Utilities) Act 1992 (c.43) and sections 36(2) and 99 of the Water Act 2003 (c.37). There are other amendments to this section which are not relevant to this Order.

[^c24507921]: S.I. 2016/1154.

[^c24507931]: Section 5A to the 1981 Act was inserted by section 182(2) of the Housing and Planning Act 2016 (c.22).

[^c24507941]: 2003 c.21

[^c24507951]: S.I. 2017/1012.

[^c24507961]: 1981 c.69.

[^c24507971]: 1974 c.40. Section 61 was amended by Schedule 7 to the Building Act 1984 (c.55), Schedule 15 to the Environmental Protection Act 1990 (c.43) and Schedule 24 to the Environment Act 1995 (c.25).

[^c24507981]: 1973 c.26.

[^c24507991]: 1986 c.44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c.45), and was further amended by section 76 of the Utilities Act 2000 (c.27).

[^c24508001]: 1991 c.56.

[^c24508011]: See section 106.

[^c24508021]: 2003 c.21.

[^c24508031]: 1991 c.59, section 72(1).

[^key-9b7904a9337560370a18367f5132284a]: Art. 1 in force at 19.6.2020, see art. 1

[^key-aecac9ee13d84eda71170416d2a0984b]: Art. 2 in force at 19.6.2020, see art. 1

[^key-a7058c7805ecd91a1218f815b9b4c507]: Art. 3 in force at 19.6.2020, see art. 1

[^key-6aca5ec514a5e3b8cb5bc23b5fad811c]: Art. 4 in force at 19.6.2020, see art. 1

[^key-717b9b10e8b231bbd8adcb863e4ae6ce]: Art. 5 in force at 19.6.2020, see art. 1

[^key-61558f7a0217ae6beac9b5899932a929]: Art. 6 in force at 19.6.2020, see art. 1

[^key-ce4fb3f72d0e749cda98bdb1d4faf562]: Art. 7 in force at 19.6.2020, see art. 1

[^key-6cb05c4911ddd68a5a5810a086d7a66f]: Art. 8 in force at 19.6.2020, see art. 1

[^key-67e178fe95404286d936c5f1ed6213dc]: Art. 9 in force at 19.6.2020, see art. 1

[^key-3d19ba89a0faaf8e4cddebf208edd3b1]: Art. 10 in force at 19.6.2020, see art. 1

[^key-00db7ae74dc2ec331e9cf77f21c69ee9]: Art. 11 in force at 19.6.2020, see art. 1

[^key-e61ee548ae12219614eff11db0b3da2b]: Art. 12 in force at 19.6.2020, see art. 1

[^key-5cfe6a4fca510c23511c2fbfd451fde0]: Art. 13 in force at 19.6.2020, see art. 1

[^key-0de75878c4127f31ab88fac20b6443d3]: Art. 14 in force at 19.6.2020, see art. 1

[^key-6c4cc3e1007cad86f31a305090d718b1]: Art. 15 in force at 19.6.2020, see art. 1

[^key-2ec39502280329e94b2fb0bb47c90ea8]: Art. 16 in force at 19.6.2020, see art. 1

[^key-66b3365ba4b82e568b64c4758fc122a9]: Art. 17 in force at 19.6.2020, see art. 1

[^key-55d33d0ac78f4be56fdbbace972f6e34]: Art. 18 in force at 19.6.2020, see art. 1

[^key-bf0af3de4ec2957216b6eff914d08e7d]: Art. 19 in force at 19.6.2020, see art. 1

[^key-a580dd021575618f8c76e8fd0d1db9de]: Art. 20 in force at 19.6.2020, see art. 1

[^key-1c09df1cfb4074c9b5841790dd9b5c41]: Art. 21 in force at 19.6.2020, see art. 1

[^key-0da1682111cc96eb15cbf01d37ae841f]: Art. 22 in force at 19.6.2020, see art. 1

[^key-b6d54493c7a1fadc4b9baddee1884895]: Art. 23 in force at 19.6.2020, see art. 1

[^key-5c081188ef59302f47e2b0b23c1f8840]: Art. 24 in force at 19.6.2020, see art. 1

[^key-cddaf21b7b097a861af2cc3e33f03d94]: Art. 25 in force at 19.6.2020, see art. 1

[^key-fc2ab65074a438b63002fd8c63720286]: Art. 26 in force at 19.6.2020, see art. 1

[^key-68a2de28b000631f81d0e6de1dbf74a3]: Art. 27 in force at 19.6.2020, see art. 1

[^key-c61ef75fc7ced1c30a518e5b8fb9d755]: Art. 28 in force at 19.6.2020, see art. 1

[^key-ac08a3112369e84595047b04f8047dbf]: Art. 29 in force at 19.6.2020, see art. 1

[^key-bb3399bdceeb579e530f8bc856e44333]: Art. 30 in force at 19.6.2020, see art. 1

[^key-0583734dc27ee35114fabfddcf044585]: Art. 31 in force at 19.6.2020, see art. 1

[^key-4a95907c6075edba10dc7f670063b61c]: Art. 32 in force at 19.6.2020, see art. 1

[^key-ffc052630f8ab426b9025b845910ba6e]: Art. 33 in force at 19.6.2020, see art. 1

[^key-62b6b46d0fbc46c99da392757f40c5d5]: Art. 34 in force at 19.6.2020, see art. 1

[^key-ecf94b61d59acab5fc0d1dc80bfe9481]: Art. 35 in force at 19.6.2020, see art. 1

[^key-c987bcd152bfa1edaf0d38d8423ab3a2]: Art. 36 in force at 19.6.2020, see art. 1

[^key-674d06f6ae6aa312bb8b61353999612c]: Art. 37 in force at 19.6.2020, see art. 1

[^key-4bd76feac127acc43dcbc6531458d026]: Art. 38 in force at 19.6.2020, see art. 1

[^key-f93932d2741e57e6b77babef27ba9e32]: Art. 39 in force at 19.6.2020, see art. 1

[^key-734e3aae397e332a1de49bfa811138f9]: Sch. 1 Pt. 1 para. 1 in force at 19.6.2020, see art. 1

[^key-0f9ec66f3b3ce550a8d6ea2ae14f69b3]: Sch. 1 Pt. 1 para. 2 in force at 19.6.2020, see art. 1

[^key-d3a1cc54d882e2dd3ff4b7cd7e3e45dc]: Sch. 1 Pt. 2 para. 1 in force at 19.6.2020, see art. 1

[^key-8725e9c0f90c6f4ed4c81e9ca8ceec5e]: Sch. 1 Pt. 2 para. 2 in force at 19.6.2020, see art. 1

[^key-326a62e571c94d6301c4e14a9c985003]: Sch. 1 Pt. 2 para. 3 in force at 19.6.2020, see art. 1

[^key-da84922df9ad371a02d3fa5dd0f34098]: Sch. 1 Pt. 2 para. 4 in force at 19.6.2020, see art. 1

[^key-223506974d4b7b52430244f456e70ca5]: Sch. 1 Pt. 2 para. 5 in force at 19.6.2020, see art. 1

[^key-ffbad2148ce99005c32f60156f455afe]: Sch. 1 Pt. 2 para. 6 in force at 19.6.2020, see art. 1

[^key-7bfb6745904c7f82a08452b6718ad97b]: Sch. 1 Pt. 2 para. 7 in force at 19.6.2020, see art. 1

[^key-1e0c34057106e306c2dfd002c4073851]: Sch. 1 Pt. 2 para. 8 in force at 19.6.2020, see art. 1

[^key-f26ff81dea32635538afc9a12b433494]: Sch. 1 Pt. 2 para. 9 in force at 19.6.2020, see art. 1

[^key-b320324cbc96e0c83c646c5dd4c37a5b]: Sch. 1 Pt. 2 para. 10 in force at 19.6.2020, see art. 1

[^key-a1e1330d4490ba4e51d4cafd007fe14b]: Sch. 1 Pt. 2 para. 11 in force at 19.6.2020, see art. 1

[^key-04b7a833a65b7923ed3a2d3d69c669da]: Sch. 1 Pt. 2 para. 12 in force at 19.6.2020, see art. 1

[^key-eb8327ddb18f25e0d3ef761c9de1126a]: Sch. 1 Pt. 2 para. 13 in force at 19.6.2020, see art. 1

[^key-64dfcb5c252c02941845553138a2e805]: Sch. 1 Pt. 2 para. 14 in force at 19.6.2020, see art. 1

[^key-8a4122d28b92c0de0ba3abd6bec9487e]: Sch. 1 Pt. 2 para. 15 in force at 19.6.2020, see art. 1

[^key-3e88ff746f2b4a936637839c9416f837]: Sch. 1 Pt. 2 para. 16 in force at 19.6.2020, see art. 1

[^key-463b6c1585f8c1ae3212208d3d344035]: Sch. 1 Pt. 2 para. 17 in force at 19.6.2020, see art. 1

[^key-3090d354b90b3e9e9b5865c64222f2be]: Sch. 1 Pt. 2 para. 18 in force at 19.6.2020, see art. 1

[^key-e55efc784e24c4387857356d8c3ce6a4]: Sch. 1 Pt. 2 para. 19 in force at 19.6.2020, see art. 1

[^key-c53726e717dff202105dc1f7c963c8c0]: Sch. 1 Pt. 2 para. 20 in force at 19.6.2020, see art. 1

[^key-21ebca0c132d8eb8edd4e3e55ac3add6]: Sch. 1 Pt. 3 para. 21 in force at 19.6.2020, see art. 1

[^key-25b3bcfa88ffacbdedfa8f1cdc4fff20]: Sch. 1 Pt. 3 para. 22 in force at 19.6.2020, see art. 1

[^key-4fcbf520bf6160bd3a0047adced44ebf]: Sch. 1 Pt. 3 para. 23 in force at 19.6.2020, see art. 1

[^key-c99f57d87e7661b575fde2387ac2c16d]: Sch. 1 Pt. 3 para. 24 in force at 19.6.2020, see art. 1

[^key-a4000210018ccef7c878a7a7a7028d58]: Sch. 6 para. 1 in force at 19.6.2020, see art. 1

[^key-d6c67b951368c54c74b88aeb77b56da7]: Sch. 6 para. 2 in force at 19.6.2020, see art. 1

[^key-71ad2e9c3081384b7f91e2950bb017bc]: Sch. 6 para. 3 in force at 19.6.2020, see art. 1

[^key-a563d3471479216a9c324e9402a981cf]: Sch. 6 para. 4 in force at 19.6.2020, see art. 1

[^key-021dc2b3fabfbdf4c5952fd3ae83984e]: Sch. 6 para. 5 in force at 19.6.2020, see art. 1

[^key-507728124f202a6d583bfa7272b9f479]: Sch. 6 para. 6 in force at 19.6.2020, see art. 1

[^key-88de1a65dd9c582107ae294fc4b71589]: Sch. 6 para. 7 in force at 19.6.2020, see art. 1

[^key-fae05d140320040f6af05c56d806ef11]: Sch. 6 para. 8 in force at 19.6.2020, see art. 1

[^key-9d9c9a3756f9bf9922b116c3a8e9c8cc]: Sch. 6 para. 9 in force at 19.6.2020, see art. 1

[^key-203ed03bb27312d0742d8471e711c4a4]: Sch. 6 para. 10 in force at 19.6.2020, see art. 1

[^key-869bd7520cde513d4f6e09616d6d62e4]: Sch. 7 Pt. 1 para. 1 in force at 19.6.2020, see art. 1

[^key-03b04795411b39f7ba6c5ea431261d87]: Sch. 7 Pt. 1 para. 2 in force at 19.6.2020, see art. 1

[^key-e5f83e0537c0dfacfe0f713d35f82718]: Sch. 7 Pt. 1 para. 3 in force at 19.6.2020, see art. 1

[^key-13fed5cf0948153632d444292b789b61]: Sch. 7 Pt. 1 para. 4 in force at 19.6.2020, see art. 1

[^key-04385bb0879f51ae57d8d0b3892dbc83]: Sch. 7 Pt. 1 para. 5 in force at 19.6.2020, see art. 1

[^key-86170bba150cf98e65fccdc4a9f5c857]: Sch. 7 Pt. 1 para. 6 in force at 19.6.2020, see art. 1

[^key-91bf05d191b82ff17aaad83639700a3c]: Sch. 7 Pt. 1 para. 7 in force at 19.6.2020, see art. 1

[^key-544ffb8a6e652c80f32d4bce7045de1e]: Sch. 7 Pt. 1 para. 8 in force at 19.6.2020, see art. 1

[^key-2988b8e768f6df0a912326d241486251]: Sch. 7 Pt. 1 para. 9 in force at 19.6.2020, see art. 1

[^key-38746807b58c6a268f9e85871d10f4a7]: Sch. 7 Pt. 1 para. 10 in force at 19.6.2020, see art. 1

[^key-c721a592488f10133b2a88c09d845454]: Sch. 7 Pt. 2 para. 1 in force at 19.6.2020, see art. 1

[^key-6fb67f2b87a25fccea935ae78e4c82b9]: Sch. 7 Pt. 2 para. 2 in force at 19.6.2020, see art. 1

[^key-4cb955cd77964f3039045c50f9043e28]: Sch. 7 Pt. 2 para. 3 in force at 19.6.2020, see art. 1

[^key-49744853fbc5150b006e9587556ed1eb]: Sch. 7 Pt. 2 para. 4 in force at 19.6.2020, see art. 1

[^key-ef49545c303034e54c46fc9e73ba5f7f]: Sch. 7 Pt. 2 para. 5 in force at 19.6.2020, see art. 1

[^key-2ed6d89a6152d2dd62a44544efcfd23d]: Sch. 7 Pt. 2 para. 6 in force at 19.6.2020, see art. 1

[^key-85753d49c585a0f5d009c1d2415309c8]: Sch. 7 Pt. 2 para. 7 in force at 19.6.2020, see art. 1

[^key-bc6bdb4ccb82898da5d09e8828d53176]: Sch. 7 Pt. 2 para. 8 in force at 19.6.2020, see art. 1

[^key-43c41843badd13637e8ed7b1ec8d77e7]: Sch. 7 Pt. 2 para. 9 in force at 19.6.2020, see art. 1

[^key-ede610d270e7a7bcba834ab64b95ff3f]: Sch. 7 Pt. 2 para. 10 in force at 19.6.2020, see art. 1

[^key-38cb6e3b3e0d819d80981078a183ea19]: Sch. 7 Pt. 2 para. 11 in force at 19.6.2020, see art. 1

[^key-0f00ed89319c94f3d84d5df8400bd408]: Sch. 7 Pt. 2 para. 12 in force at 19.6.2020, see art. 1

[^key-41788d6d688e69cc1425246cac82d2df]: Sch. 7 para. 13 in force at 19.6.2020, see art. 1

[^key-78da468c36be132a3a98a2df3f865f9b]: Sch. 7 para. 14 in force at 19.6.2020, see art. 1

[^key-83533c2ffcfd978371143f8f6e5436cc]: Sch. 7 para. 15 in force at 19.6.2020, see art. 1

[^key-70a994a85cae35fddde74399abb78632]: Sch. 7 para. 16 in force at 19.6.2020, see art. 1

[^key-c4ff20ec4f6605f400341d55ce4e4bd7]: Sch. 7 Pt. 3 para. 1 in force at 19.6.2020, see art. 1

[^key-4092400a1e00e4aad55127e713ca32bc]: Sch. 7 Pt. 3 para. 2 in force at 19.6.2020, see art. 1

[^key-248ae7307ceda6ae2ecd15bc3d1719f8]: Sch. 7 Pt. 3 para. 3 in force at 19.6.2020, see art. 1

[^key-f1736273cd44b1f07bb9316d344757f8]: Sch. 7 Pt. 3 para. 4 in force at 19.6.2020, see art. 1

[^key-d53f073dda1fd085b185ed30097c8aa4]: Sch. 7 Pt. 3 para. 5 in force at 19.6.2020, see art. 1

[^key-05cca609de7a22c0eb1d5e7141e94fd4]: Sch. 7 Pt. 3 para. 6 in force at 19.6.2020, see art. 1

[^key-3d8c4cee344290f756e052b90114f3ac]: Sch. 7 Pt. 4 para. 1 in force at 19.6.2020, see art. 1

[^key-d796135180ac9f77fa2a6e5c392ca37a]: Sch. 7 Pt. 4 para. 2 in force at 19.6.2020, see art. 1

[^key-8a339c9c3cd0133511ec17ae22e8de3b]: Sch. 7 Pt. 4 para. 3 in force at 19.6.2020, see art. 1

[^key-88aea3b84ce82c42ebb354bed3c5f5da]: Sch. 7 Pt. 4 para. 4 in force at 19.6.2020, see art. 1

[^key-4b87b63779d2993bb0a137d81281591e]: Sch. 7 Pt. 4 para. 5 in force at 19.6.2020, see art. 1

[^key-34f45bae4161a4f4c3d0866918d5f8be]: Sch. 7 Pt. 4 para. 6 in force at 19.6.2020, see art. 1

[^key-07dc72e6fd29565aa068a1d89ada9440]: Sch. 7 Pt. 4 para. 7 in force at 19.6.2020, see art. 1

[^key-aeec31f9af929f403a23ead87dbe6efb]: Sch. 7 Pt. 4 para. 8 in force at 19.6.2020, see art. 1

[^key-e811516f726959c6291a386f5a649a42]: Sch. 7 Pt. 4 para. 9 in force at 19.6.2020, see art. 1

[^key-9900caf5d23a01903ed5fe2437513b92]: Sch. 7 Pt. 4 para. 10 in force at 19.6.2020, see art. 1

[^key-20dd39875e374ffd3e43ddc29fbdc576]: Sch. 7 Pt. 4 para. 11 in force at 19.6.2020, see art. 1

[^key-11a14c7731f73e36d28095690926e0c4]: Sch. 7 Pt. 6 para. 1 in force at 19.6.2020, see art. 1

[^key-2a4bc1be5825d3e1d811ffe4a17e42c9]: Sch. 7 Pt. 6 para. 2 in force at 19.6.2020, see art. 1

[^key-1de06ce75ec4d17a7771ba5aa1b75898]: Sch. 7 Pt. 6 para. 3 in force at 19.6.2020, see art. 1

[^key-3fcc14481e2afe1237cd9901325d3df8]: Sch. 7 Pt. 6 para. 4 in force at 19.6.2020, see art. 1

[^key-26724f47328d59106caad5b698d58a72]: Sch. 7 Pt. 6 para. 5 in force at 19.6.2020, see art. 1

[^key-ce98eade6533c38866ef0568f0b6b965]: Sch. 7 Pt. 6 para. 6 in force at 19.6.2020, see art. 1

[^key-515f2c79ab71201d23346692c7caafe7]: Sch. 7 Pt. 6 para. 7 in force at 19.6.2020, see art. 1

[^key-b77afdef78d12a9de81d0c450dafc7ea]: Sch. 7 Pt. 6 para. 8 in force at 19.6.2020, see art. 1

[^key-6b6547335f58d2bc3f693ffc398c0593]: Sch. 7 Pt. 6 para. 9 in force at 19.6.2020, see art. 1

[^key-4e54190f690c6fad893fd57fde303980]: Sch. 7 Pt. 6 para. 10 in force at 19.6.2020, see art. 1

[^key-d510f73eb2e2131161417308ab6a56ab]: Sch. 7 Pt. 6 para. 11 in force at 19.6.2020, see art. 1

[^key-d2b732c414aa461f1e3847cdb53ebb5d]: Sch. 7 Pt. 6 para. 12 in force at 19.6.2020, see art. 1

[^key-4231e6501922d282cf998149993cfa85]: Sch. 8 Pt. 1 para. 1 in force at 19.6.2020, see art. 1

[^key-0f42ebff5b15bbbdf2dc7a52cf2ad9bf]: Sch. 8 Pt. 1 para. 2 in force at 19.6.2020, see art. 1

[^key-97658cd6e140e0d550767b8b5c014fd1]: Sch. 8 Pt. 1 para. 3 in force at 19.6.2020, see art. 1

[^key-5c58e6b68810a7c7023e4f80e780fa29]: Sch. 8 Pt. 1 para. 4 in force at 19.6.2020, see art. 1

[^key-757c1c879e68b06d1b03644f5d307812]: Sch. 8 Pt. 1 para. 5 in force at 19.6.2020, see art. 1

[^key-17adbe9c69260693a03406f32890a823]: Sch. 8 Pt. 1 para. 6 in force at 19.6.2020, see art. 1

[^key-360c4e31dd7b57545644ab9e9c348af8]: Sch. 8 Pt. 1 para. 7 in force at 19.6.2020, see art. 1

[^key-c1996137bfb792bf0f7409c462ee428b]: Sch. 8 Pt. 2 para. 1 in force at 19.6.2020, see art. 1

[^key-a513eb66a0efc6b7c534a8198dfbcb1e]: Sch. 8 Pt. 2 para. 2 in force at 19.6.2020, see art. 1

[^key-6963429e963f172a1678673aa3f205e7]: Sch. 8 Pt. 2 para. 3 in force at 19.6.2020, see art. 1

[^key-d5189f5530b36543639b7cd31e17a801]: Sch. 8 Pt. 2 para. 4 in force at 19.6.2020, see art. 1

[^key-a870a7bc87aac323c547f144ff0afb5d]: Sch. 8 Pt. 2 para. 5 in force at 19.6.2020, see art. 1

[^key-fe7535f4edaf05de697e8378391f9d4b]: Sch. 8 Pt. 2 para. 6 in force at 19.6.2020, see art. 1

[^key-92b2e5de3a26e03fa9c27787d7695321]: Sch. 8 Pt. 2 para. 7 in force at 19.6.2020, see art. 1

[^key-e8ef23d6c1c0d12ac14fce2f87207a93]: Sch. 9 para. 1 in force at 19.6.2020, see art. 1

[^key-c22058ec393798680697d53338c5025d]: Sch. 9 para. 2 in force at 19.6.2020, see art. 1

[^key-bbab624b7827ccb401448e411465c6e9]: Sch. 9 para. 3 in force at 19.6.2020, see art. 1

[^key-36a80c8c2a964acf63734f8243055794]: Sch. 9 para. 4 in force at 19.6.2020, see art. 1

[^key-982c21ca82550d77340c8c694aba2fe3]: Sch. 9 para. 5 in force at 19.6.2020, see art. 1

[^key-435e0d16a2ecd4f68ab458fd113be277]: Sch. 9 para. 6 in force at 19.6.2020, see art. 1

[^key-ad4af5ff2a146b908b287aeb5a08c9c4]: Sch. 9 para. 7 in force at 19.6.2020, see art. 1

[^key-50fab6c678e94f9f6688a2e045baee6f]: Sch. 2 in force at 19.6.2020, see art. 1

[^key-ccf48cb2ca02674393ec1e89d0bcf8ee]: Sch. 3 in force at 19.6.2020, see art. 1

[^key-e601ecf9be607c373d0902fe4ea1bb3a]: Sch. 4 in force at 19.6.2020, see art. 1

[^key-f758fdf19945f4788b17e1c4d369218a]: Sch. 5 in force at 19.6.2020, see art. 1

[^key-ba0d610e45ce70f05313241fe9ab099f]: Sch. 10 in force at 19.6.2020, see art. 1

[^key-04c2aa526d5c6982cd6a3997850803f9]: Sch. 7 Pt. 5 omitted (11.8.2021) by virtue of The Cleve Hill Solar Park (Correction) Order 2021 (S.I. 2021/934), art. 1(2), Sch.

[^key-9fa03d7f5e5fbd91f31eb6e6c2448235]: Words in art. 2(2) substituted (11.8.2021) by The Cleve Hill Solar Park (Correction) Order 2021 (S.I. 2021/934), art. 1(2), Sch.

[^key-2e70cb7911f0a3772dbf7fa21e5c3330]: Words in art. 5(12) substituted (11.8.2021) by The Cleve Hill Solar Park (Correction) Order 2021 (S.I. 2021/934), art. 1(2), Sch.

[^key-de02e4a0e979be6dc39cb221fd975f3e]: Words in art. 5(13)(b) substituted (11.8.2021) by The Cleve Hill Solar Park (Correction) Order 2021 (S.I. 2021/934), art. 1(2), Sch.

[^key-10e470b120b00a3c9c616f7061348c70]: Words in art. 7(1)(b) inserted (11.8.2021) by The Cleve Hill Solar Park (Correction) Order 2021 (S.I. 2021/934), art. 1(2), Sch.

[^key-b959ae3cde267f263e51c634b9ba4514]: Words in art. 24(1)(a) inserted (11.8.2021) by The Cleve Hill Solar Park (Correction) Order 2021 (S.I. 2021/934), art. 1(2), Sch.

[^key-373b3b45bf2aaaa21a3ae41f90c6ceae]: Word in art. 34(1)(s) inserted (11.8.2021) by The Cleve Hill Solar Park (Correction) Order 2021 (S.I. 2021/934), art. 1(2), Sch.

[^key-cae82c143ddee2f579b5c91d3307edb6]: Words in art. 39(1)(a) inserted (11.8.2021) by The Cleve Hill Solar Park (Correction) Order 2021 (S.I. 2021/934), art. 1(2), Sch.

[^key-1b7cde6aef9fcdc7a28f3bdbb1043f5f]: Words in art. 39(1)(b) inserted (11.8.2021) by The Cleve Hill Solar Park (Correction) Order 2021 (S.I. 2021/934), art. 1(2), Sch.

[^key-6b0a027a11aafa02ac65c26d775d44eb]: Sch. 6 para. 3(2): punctuation and bracket inserted (11.8.2021) by The Cleve Hill Solar Park (Correction) Order 2021 (S.I. 2021/934), art. 1(2), Sch.

[^key-3a322ea6a2b1c5467f9f3e7452c04e78]: Words in Sch. 7 Pt. 1 para. 1 omitted (11.8.2021) by virtue of The Cleve Hill Solar Park (Correction) Order 2021 (S.I. 2021/934), art. 1(2), Sch.