The South Humber Bank Energy Centre Order 2021

• (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 the utility undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

33

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker the reasonable expenses incurred by that utility undertaker 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 30(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 29 (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 the utility undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

• (4) For the purposes of sub-paragraph (3)—

• (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 30(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 a utility undertaker 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 seven years and six months earlier so as to confer on the utility undertaker 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.

34

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the works referred to in paragraph 30(2), 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 a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—

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

• (b) make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker,

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 a utility undertaker, its officers, servants, contractors or agents, and nor does sub-paragraph (1) impose any liability on the undertaker in respect of consequential losses.

• (3) A utility undertaker 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.

35

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

PART 4 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

36

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

• (2) In this Part—

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

• “electronic communications apparatus” has the same meaning as set out in paragraph 5 of the electronic communications code;

• “the electronic communications code” has the same meaning as set out in sections 106 (application of the electronic communications code) to 119 (power to give assistance in relation to certain proceedings) and Schedule 3A[^f00035] (the electronics communication code) of the 2003 Act;

• “infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;

• “network” means—so much of a network or infrastructure system provided by an operator as is not excluded from the application of the electronic communications code by a direction under section 106(5) of the 2003 Act; anda network which the Secretary of State is providing or proposing to provide; and

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

37

The exercise of the powers of article 19 (statutory undertakers) is subject to Part 10 of Schedule 3A of the 2003 Act.

38

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

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

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

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

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

• (4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 29 (arbitration).

39

This Part of this Schedule does not apply to—

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

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

40

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

PART 5 — FOR THE PROTECTION OF NETWORK RAIL

41

For the protection of Network Rail as defined in this part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and Network Rail.

42

In this part of this Schedule—

• “Network Rail” means Network Rail Infrastructure Limited (Company registration number 02904587) whose registered office is at 1 Eversholt Street, London, NW1 2DN and any associated company of Network Rail which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 (meaning of “subsidiary” etc.) of the Companies Act 2006) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;

• “railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993[^f00036]) or station lease;

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

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

43

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

• (2) Subject to sub-paragraph (1) where Network Rail is asked to give its consent, agreement or approval pursuant to this Part, such consent, agreement or approval must not be unreasonably withheld but may be given subject to reasonable conditions.

44

• (1) The undertaker must not submit the construction traffic management plan to the relevant planning authority in accordance with requirement 16 of Schedule 2 (Construction traffic management and travel planning) without having first consulted with Network Rail.

• (2) The undertaker must provide Network Rail with a draft of the construction traffic management plan and Network Rail must within a period of 28 days beginning with the date on which the draft construction traffic management plan is received by Network Rail serve written notice on the undertaker confirming—

• (a) any comments on the draft construction traffic management plan; or

• (b) any reasonable amendments to the draft construction traffic management plan as requested by Network Rail; or

• (c) that further information is required in order for Network Rail to make comments and/or reasonable amendments (in which case sub-paragraph 44(2) will apply to such further information from the date of its receipt by Network Rail).

• (3) In the event that Network Rail fails to serve written notice in accordance with sub-paragraph 44(2) within 28 days of receipt no further consultation with Network Rail is required.

• (4) The undertaker must include any reasonable amendments which are requested by Network Rail and notified to the undertaker by Network Rail in the notice given pursuant to sub-paragraph 44(2)(b) in the draft construction traffic management plan it submits to the relevant planning authorities in accordance with requirement 16 of Schedule 2 (Construction traffic management and travel planning) and the undertaker must not submit any such written details to the relevant planning authorities or finalise a construction traffic management plan which Network Rail has not been consulted on in accordance with sub-paragraph 44(2) or 44(3).

• (5) Each notice and all other information required to be sent to Network Rail under the terms of this paragraph must—

• (a) be sent to the Company Secretary and General Counsel at Network Rail Infrastructure Limited, 1 Eversholt Street, London, NW1 2DN via Royal Mail plc’s special delivery service (or if this service is no longer being provided an appropriate recorded delivery postal service) and marked for the attention of the London North Western Route Level Crossing Manager; and

• (b) contain a clear statement on its front page that the matter is urgent and Network Rail must respond within 28 days of receipt.

• (6) In the event that any subsequent changes are made to the construction traffic management plan following consultation with Network Rail, in so far as such changes impact on railway property, the undertaker must not submit any written details to the relevant planning authorities or finalise any updates to the construction traffic management plan without further consultation with Network Rail.

45

• (1) The undertaker must not submit the delivery and servicing plan to the relevant planning authorities in accordance with requirement 24 of Schedule 2 (Delivery and servicing plan) without having first consulted with Network Rail.

• (2) The undertaker must provide Network Rail with a draft of the delivery and servicing plan and Network Rail will within a period of 28 days beginning with the date on which the draft delivery and servicing plan is received by Network Rail serve written notice on the undertaker confirming—

• (a) any comments on the draft delivery and servicing plan; or

• (b) any reasonable amendments to the draft delivery and servicing plan as requested by Network Rail; or

• (c) that further information is required in order for Network Rail to make comments and/or reasonable amendments (in which case this sub-paragraph 45(2) will apply to such further information from the date of its receipt by Network Rail).

• (3) In the event that Network Rail fails to serve written notice in accordance with sub-paragraph 45(2) within 28 days of receipt no further consultation with Network Rail is required.

• (4) The undertaker must include any reasonable amendments which are requested by Network Rail and notified to the undertaker by Network Rail in the notice given pursuant to sub-paragraph 45(2)(b) in the draft delivery and servicing plan it submits to the relevant planning authorities in accordance with requirement 24 of Schedule 2 (Delivery and servicing plan) and the undertaker must not submit any such written details to the relevant planning authorities or finalise a delivery and servicing plan which Network Rail has not been consulted on in accordance with sub-paragraph 45(2) or 45(3).

• (5) Each notice and all other information required to be sent to Network Rail under the terms of this paragraph must—

• (a) be sent to the Company Secretary and General Counsel at Network Rail Infrastructure Limited, 1 Eversholt Street, London, NW1 2DN via Royal Mail plc’s special delivery service (or if this service is no longer being provided an appropriate recorded delivery postal service) and marked for the attention of the London North Western Route Level Crossing Manager; and

• (b) contain a clear statement on its front page that the matter is urgent and Network Rail must respond within 28 days of receipt.

• (6) In the event that any subsequent changes are made to the delivery and servicing plan following consultation with Network Rail, in so far as such changes impact on railway property, the undertaker must not submit any such written details to the relevant planning authorities or finalise any updates to the delivery and servicing plan without further consultation with Network Rail.

46

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

• (a) in respect of the consultation with the engineer on the construction traffic management plan and the delivery and servicing plan submitted by the undertaker;

• (b) in respect of the employment or procurement of the services of any inspectors, signalmen, watchmen and other persons whom it is reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from access to or egress from the authorised development by the undertaker or any person in its employ or of its contractors or others;

• (c) in respect of any special traffic working resulting from any speed restrictions which may in the opinion of the engineer, require to be imposed by reason or in consequence of access to or egress from the authorised development by the undertaker or any person in its employ or of its contractors or others or from the substitution of diversion of services which may be reasonably necessary for the same reason; and

• (d) in respect of any additional temporary lighting of railway property, being lighting made reasonably necessary by reason or in consequence of damage to railway property as a result of access to or egress from the authorised development by the undertaker or any person in its employ or of its contractors or others.

47

• (1) The undertaker must pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule which may be occasioned to or reasonably incurred by Network Rail—

• (a) by reason of the construction or maintenance of a specified work or the failure thereof; or

• (b) by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged upon a specified work; or

• (c) by reason of any act or omission of the undertaker or any person in its employ or of its contractors or others whilst accessing to or egressing from the authorised development; or

• (d) in respect of any damage caused to or additional maintenance required to, railway property or any such interference or obstruction or delay to the operation of the railway as a result of access to or egress from the authorised development by the undertaker or any person in its employ or of its contractors or others;

and the undertaker must indemnify and keep indemnified Network Rail from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission: and the fact that any act or thing may have been done by Network Rail on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under their supervision must not (if it was done without negligence on the part of Network Rail or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this sub-paragraph.

• (2) Network Rail must give the undertaker reasonable written notice of any such claim or demand and no settlement or compromise of such a claim or demand will be made without the prior consent of the undertaker.

• (3) The sums payable by the undertaker under sub-paragraph (1) will if relevant include a sum equivalent to the relevant costs.

• (4) Subject to the terms of any agreement between Network Rail and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Network Rail must promptly pay to each train operator the amount of any sums which Network Rail receives under sub-paragraph (3) which relates to the relevant costs of that train operator.

• (5) The obligation under sub-paragraph (3) to pay Network Rail the relevant costs will, in the event of default, be enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator pursuant to sub-paragraph (4).

• (6) In this paragraph—

• “the relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any specified work including but not limited to any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work or any such act or omission as mentioned in sub-paragraph (1); and

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

48

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

Signed

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

Gareth Leigh — Head of Energy Infrastructure Planning — Department for Business, Energy and Industrial Strategy — 2021-11-10

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises EP Waste Management Limited (referred to in this Order as the undertaker) to construct, operate and maintain an energy from waste electricity generating station located on land at the South Humber Bank Power Station Site, South Marsh Road, near Stallingborough, Lincolnshire, fuelled by refuse derived fuels, with a capacity to process 753,500 tonnes of refuse derived fuel per annum, with a gross generation capacity of up to 95 megawatts at ISO conditions.

A copy of the Order plans and the book of reference mentioned in this Order and certified in accordance with article 25 of this Order (certification of plans, etc.) may be inspected free of charge during working hours at New Oxford House, George Street, Grimsby, North East Lincolnshire DN31 1HB.

Footnotes

[^f00001]: S.I. 2009/2264, as amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522 and S.I. 2013/755.

[^f00002]: 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

[^f00003]: S.I. 2010/103, as amended by S.I. 2012/635.

[^f00004]: 1961 c. 33.

[^f00005]: 1980 c. 66.

[^f00006]: 1990 c. 8.

[^f00007]: 1991 c. 22.

[^f00008]: 2008 c. 29.

[^f00009]: S.I. 2009/2264, as amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522 and S.I. 2013/755.

[^f00010]: 1981 c. 67.

[^f00011]: 1964 c. 40. Paragraph 9B was inserted into Schedule 2 by paragraph 9 of Schedule 3 of the Transport and Works Act 1992 (c. 42). There are other amendments to the 1964 Act that are not relevant to this Order.

[^f00012]: 2000 c. 7. As amended by section 406(1) of, and paragraph 158 of Schedule 17 to, the Communications Act 2003 c. 7.

[^f00013]: 1990 c. 8.

[^f00014]: 1989 c. 29. Section 6 was amended by section 30 of the Utilities Act 2000 (c. 27) and sections 89(3), 136(1), 145(1) and (5) and section 197(9) of, and Part 1 of Schedule 23 to, the Energy Act 2004 (c. 20) and articles 2, 6(1) and (2) of S.I. 2012/2400. There are other amendments to this section that are not relevant to this Order.

[^f00015]: 1991 c. 56. Section 106 was amended by sections 35(1) and (8), 43(2) and 56(7) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99(1), (2), (4), (5)(a), (5)(b), (5)(c) of the Water Act 2003 (c. 37) and section 32 and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

[^f00016]: S.I. 2016/1154.

[^f00017]: 1991 c. 57.

[^f00018]: Section 206 was amended by section 192(8) of, and paragraphs 7 and 11 of Schedule 8 to, the Planning Act 2008.

[^f00019]: 2003 c. 21. There are amendments to this section that are not relevant to this Order.

[^f00020]: 1990 c. 43. Section 82 was amended by section 103 of the Clean Neighbourhoods and Environment Act 2005 (c. 16); section 79 was amended by sections 101 and 102 of the same Act. There are other amendments not relevant to this Order.

[^f00021]: 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 Control of Pollution Act 1974 which are not relevant to this Order.

[^f00022]: 1978 c. 30.

[^f00023]: 1991 c. 56.

[^f00024]: Section 102(4) was amended by sections 90 and 96 of, and paragraphs 2 and 90 of Schedule 7 to, the Water Act 2003 (c. 37).

[^f00025]: Section 104 was amended by sections 11(1) and (2), 56, 96(4) and 101(2) of, and paragraphs 2 and 91 of Schedule 7 and Part 3 of Schedule 9 to, the Water Act 2003 and by section 42(3) of the Flood Management Act 2010 (c. 29).

[^f00026]: There are amendments not relevant to this Order.

[^f00027]: S.I. 2016/1154.

[^f00028]: 1989 c. 29, as amended by section 108 of, and paragraphs 24 and 38(1) and (3) of Schedule 6 to, the Utilities Act 2000 (c. 27) and regulation 48 of S.I. 2011/2704. There are other amendments not relevant to this Order.

[^f00029]: See section 64; there are amendments not relevant to this Order.

[^f00030]: Section 51A was inserted by section 92(1) of the Water Act 2003 (c. 37); section 51A was amended by section 10(1) and (2) of the Water Act 2014 (c. 21).

[^f00031]: Section 102(4) of the Water Industry Act 1991 was amended by section 56 of, and paragraphs 2 ad 90 to, the Water Act 2014.

[^f00032]: Section 104 was amended by section 96(4) of the Water Act 2003. There are other amendments not relevant to this Order.

[^f00033]: 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) and section 197(9) of, and Part 1 of Schedule 23 to, the Energy Act 2004 (c. 20).

[^f00034]: 2003 c. 21.

[^f00035]: Schedule 3A was inserted by section 4(2) of, and Schedule 1 to, the Digital Economy Act 2017 (c. 30).

[^f00036]: 1993 c. 43. Section 83(1) was amended by section 230(6) of the Transport Act 2000 (c. 38).

Editorial notes

[^key-316419f22d83103954024ac41d9effd7]: Art. 1 in force at 2.12.2021, see art. 1

[^key-a0c094bd827b5aa4dcbecab7a09f761c]: Art. 2 in force at 2.12.2021, see art. 1

[^key-b590e4e71e6bee0aad7f5b2ca133a4b6]: Art. 3 in force at 2.12.2021, see art. 1

[^key-13e425c690c11121f886705034b404b3]: Art. 4 in force at 2.12.2021, see art. 1

[^key-0445dcc553f9efe70c886e56ef421fb7]: Art. 5 in force at 2.12.2021, see art. 1

[^key-8ccb6ef48ce115e08434e71372696d16]: Art. 6 in force at 2.12.2021, see art. 1

[^key-a2c5ca15b769f1c6115e17b81e4696b7]: Art. 7 in force at 2.12.2021, see art. 1

[^key-b5b31417c1576bcd36a6cba552f2cd19]: Art. 8 in force at 2.12.2021, see art. 1

[^key-7a670cd126f3a89a26379f2f74417f47]: Art. 9 in force at 2.12.2021, see art. 1

[^key-67254eb4e2355d6e8c88fef6dd65ce7c]: Art. 10 in force at 2.12.2021, see art. 1

[^key-7641a8ae5fa3c1980bf55a6cad0e9d64]: Art. 11 in force at 2.12.2021, see art. 1

[^key-cd002dc515665278a59d505bde23e03c]: Art. 12 in force at 2.12.2021, see art. 1

[^key-ab4136a4bc47e6fd173670345f4afdc2]: Art. 13 in force at 2.12.2021, see art. 1

[^key-caf76791cced048ee667bc184c8bc896]: Art. 14 in force at 2.12.2021, see art. 1

[^key-5e1b231245276b352112977653fd61d7]: Art. 15 in force at 2.12.2021, see art. 1

[^key-e0b6aa929f52fdc97583a0a2b3836ac2]: Art. 16 in force at 2.12.2021, see art. 1

[^key-acff2372985a5083a0ac120164e2a08d]: Art. 17 in force at 2.12.2021, see art. 1

[^key-2ec7ecfedfc51d43c62cb74847075fa7]: Art. 18 in force at 2.12.2021, see art. 1

[^key-f8df24628624896bb4cd55eca245c4ca]: Art. 19 in force at 2.12.2021, see art. 1

[^key-3e768ed6907b8f9865450e09e607aff5]: Art. 20 in force at 2.12.2021, see art. 1

[^key-146d2ec5cc1d75e463c899c44361d9d0]: Art. 21 in force at 2.12.2021, see art. 1

[^key-3ddb688283ffa3ddee477873e1dc72d8]: Art. 22 in force at 2.12.2021, see art. 1

[^key-a6f0788cb9177bd766f27a323fe0611f]: Art. 23 in force at 2.12.2021, see art. 1

[^key-2ffbecd81c75f490ff2846124b852f4b]: Art. 24 in force at 2.12.2021, see art. 1

[^key-c422af504d14a6aad59fc768274720b9]: Art. 25 in force at 2.12.2021, see art. 1

[^key-22c526ebfe0940ca1d82835190f5d6c4]: Art. 26 in force at 2.12.2021, see art. 1

[^key-cf4446ec7fd82ff9a4251c916aa5d5b2]: Art. 27 in force at 2.12.2021, see art. 1

[^key-057b0eea1bea5432a339187b0db23dd7]: Art. 28 in force at 2.12.2021, see art. 1

[^key-7725dbaa2242695ebc6ffd40431c4976]: Art. 29 in force at 2.12.2021, see art. 1

[^key-1010ca278cd3a75c2e787d1f0e0e7bf0]: Sch. 2 para. 1 in force at 2.12.2021, see art. 1

[^key-2fb765ca0841d2e40bea5e9434d4b4b9]: Sch. 2 para. 2 in force at 2.12.2021, see art. 1

[^key-824732620b444ec9adbc35c1b10904b3]: Sch. 2 para. 3 in force at 2.12.2021, see art. 1

[^key-16b4073f979612d2a8945d91688689d4]: Sch. 2 para. 4 in force at 2.12.2021, see art. 1

[^key-df849fa4b9605d27fac31bc2375a31d0]: Sch. 2 para. 5 in force at 2.12.2021, see art. 1

[^key-655581a15f267b513867ab3c3c4dde49]: Sch. 2 para. 6 in force at 2.12.2021, see art. 1

[^key-50df11be9172010e388aa0131c92c601]: Sch. 2 para. 7 in force at 2.12.2021, see art. 1

[^key-1a3171c4d67529d04c15bd19a1c4c2ce]: Sch. 2 para. 8 in force at 2.12.2021, see art. 1

[^key-b0829bf89f4435ba1687e6aea7314845]: Sch. 2 para. 9 in force at 2.12.2021, see art. 1

[^key-d8f577b635ba12ede64c2158a7565b11]: Sch. 2 para. 10 in force at 2.12.2021, see art. 1

[^key-7f35b09fd3ba251c6531d366c9cbc58f]: Sch. 2 para. 11 in force at 2.12.2021, see art. 1

[^key-5a8096cf827967c5b9bc0704a3e31833]: Sch. 2 para. 12 in force at 2.12.2021, see art. 1

[^key-b7ba803d7acc0e1331a1bc00a337c7f9]: Sch. 2 para. 13 in force at 2.12.2021, see art. 1

[^key-4c5bcb07b616fc1a94ca3c6470f2d006]: Sch. 2 para. 14 in force at 2.12.2021, see art. 1

[^key-6f66653b7970f546c530f4921c5470ad]: Sch. 2 para. 15 in force at 2.12.2021, see art. 1

[^key-4111392ecc2027e1dd878b5692045e3c]: Sch. 2 para. 16 in force at 2.12.2021, see art. 1

[^key-429456c84480832738b8a5ca724b005b]: Sch. 2 para. 17 in force at 2.12.2021, see art. 1

[^key-374fb6ae16ad775b292aa8910823465b]: Sch. 2 para. 18 in force at 2.12.2021, see art. 1

[^key-b8025ca3a782342d8f2ae268213cc381]: Sch. 2 para. 19 in force at 2.12.2021, see art. 1

[^key-13528b0b5336683520fc914979a25b91]: Sch. 2 para. 20 in force at 2.12.2021, see art. 1

[^key-1070ea98fca5236e8d09f2a7596a71de]: Sch. 2 para. 21 in force at 2.12.2021, see art. 1

[^key-c10a722ec006ef1d75075eba9107e29f]: Sch. 2 para. 22 in force at 2.12.2021, see art. 1

[^key-c575e706da4cf97384fa2e01d13f4bd4]: Sch. 2 para. 23 in force at 2.12.2021, see art. 1

[^key-5ad69546c4b955c32d82f481a62911db]: Sch. 2 para. 24 in force at 2.12.2021, see art. 1

[^key-5e20bf82a05b48cc2872a0cf1e60d0ce]: Sch. 2 para. 25 in force at 2.12.2021, see art. 1

[^key-4b7c04ce64a4f856a94f25f1a6e709be]: Sch. 2 para. 26 in force at 2.12.2021, see art. 1

[^key-495302f54a7ad7862c1c6faef904914c]: Sch. 2 para. 27 in force at 2.12.2021, see art. 1

[^key-57c7af1e6bad78793f3bbbb3105c9e64]: Sch. 2 para. 28 in force at 2.12.2021, see art. 1

[^key-adfeae47933eae7baa5dc9ea1f8708e4]: Sch. 2 para. 29 in force at 2.12.2021, see art. 1

[^key-9e5991df4df929c440e5847b067fceb6]: Sch. 2 para. 30 in force at 2.12.2021, see art. 1

[^key-c7ac3687cbf40e299abb3f349d185791]: Sch. 2 para. 31 in force at 2.12.2021, see art. 1

[^key-555c1caed14aff040db6650bc84731c3]: Sch. 2 para. 32 in force at 2.12.2021, see art. 1

[^key-f19d94ac20dc1aa1815dc6af8b8a4904]: Sch. 2 para. 33 in force at 2.12.2021, see art. 1

[^key-766c92f3e697f17a5fb8afce9f397b26]: Sch. 2 para. 34 in force at 2.12.2021, see art. 1

[^key-077c82160127a848d0c3eefa5d49ece2]: Sch. 2 para. 35 in force at 2.12.2021, see art. 1

[^key-12edbed9d178cbb496e8b984c69cf42c]: Sch. 2 para. 36 in force at 2.12.2021, see art. 1

[^key-04e15a15912fee89bc16a2bca7fa5031]: Sch. 2 para. 37 in force at 2.12.2021, see art. 1

[^key-02788c59c47dd5c337b45b2d5ccabd03]: Sch. 2 para. 38 in force at 2.12.2021, see art. 1

[^key-2d39aa8fb2a4f2a4bf87cbb8c3958d1e]: Sch. 8 para. 1 in force at 2.12.2021, see art. 1

[^key-da0f8325d828bbbd7878fde7716494ce]: Sch. 8 para. 2 in force at 2.12.2021, see art. 1

[^key-1797fef10f8bbcd78d1852ebf2d5a58d]: Sch. 8 para. 3 in force at 2.12.2021, see art. 1

[^key-3948164bf2a26487a11fb059c78c890d]: Sch. 8 para. 4 in force at 2.12.2021, see art. 1

[^key-d52ce77f549b6addabefa6787b41261e]: Sch. 8 para. 5 in force at 2.12.2021, see art. 1

[^key-ef9987b94d987f4bc825e22a67acb59a]: Sch. 8 para. 6 in force at 2.12.2021, see art. 1

[^key-e1ed36c035e3bbe0b73cb0834083c732]: Sch. 8 para. 7 in force at 2.12.2021, see art. 1

[^key-a8e7396844e60ebc4e844bbfa131d875]: Sch. 8 para. 8 in force at 2.12.2021, see art. 1

[^key-7ae5e73247e0f708c54a8dd1c52c6073]: Sch. 8 para. 9 in force at 2.12.2021, see art. 1

[^key-a27590fff4936a3338efb70a39769956]: Sch. 8 para. 10 in force at 2.12.2021, see art. 1

[^key-d0e31f7751f08544206729af141442a7]: Sch. 8 para. 11 in force at 2.12.2021, see art. 1

[^key-c1779da68e7d4cc142c1b46fb38b8654]: Sch. 8 para. 12 in force at 2.12.2021, see art. 1

[^key-56ffdc9ba1b45b2ad6b9f6c5c59326aa]: Sch. 8 para. 13 in force at 2.12.2021, see art. 1

[^key-2009a84802dd3b3347b5ac00f5bbee7b]: Sch. 8 para. 14 in force at 2.12.2021, see art. 1

[^key-8306bfe30dba29853c78bfd849fac15c]: Sch. 8 para. 15 in force at 2.12.2021, see art. 1

[^key-c28806b015d8331d5466d1056ed4ff46]: Sch. 8 para. 16 in force at 2.12.2021, see art. 1

[^key-d10ed1aec58e4fb5539c8cf9f6c21ed2]: Sch. 8 para. 17 in force at 2.12.2021, see art. 1

[^key-5c56d0ff14e702e64570cc673fe72e97]: Sch. 8 para. 18 in force at 2.12.2021, see art. 1

[^key-fd646e17de744e59e421d70951ceb64d]: Sch. 8 para. 19 in force at 2.12.2021, see art. 1

[^key-c868c61345cded93d5e3ec9e97ab5f1c]: Sch. 8 para. 20 in force at 2.12.2021, see art. 1

[^key-8c6c63a46dadf8b569ae74e5ed10f81b]: Sch. 8 para. 21 in force at 2.12.2021, see art. 1

[^key-e4e8d7b53d2aa955c0540c89ae4aa2fa]: Sch. 8 para. 22 in force at 2.12.2021, see art. 1

[^key-c1a4d735278e180f28a58aadda2af479]: Sch. 8 para. 23 in force at 2.12.2021, see art. 1

[^key-af8e890e27386fcda6d1c539bd173e08]: Sch. 8 para. 24 in force at 2.12.2021, see art. 1

[^key-5c013b26a077bd489afaaacb48b38aeb]: Sch. 8 para. 25 in force at 2.12.2021, see art. 1

[^key-ea1c6e4fa488d86cbad5ea676215ec8d]: Sch. 8 para. 26 in force at 2.12.2021, see art. 1

[^key-daed8b03af0e6e145b8f9f1d9e3ae84d]: Sch. 8 para. 27 in force at 2.12.2021, see art. 1

[^key-eeaa22f4cc3c5f1874616fd48dd81ea7]: Sch. 8 para. 28 in force at 2.12.2021, see art. 1

[^key-ef3a03ca01a8b3c220c5975e10a6d777]: Sch. 8 para. 29 in force at 2.12.2021, see art. 1

[^key-743534aa7e19ede329779b1af642d8b9]: Sch. 8 para. 30 in force at 2.12.2021, see art. 1

[^key-3eee32b5183de203e747b85057078131]: Sch. 8 para. 31 in force at 2.12.2021, see art. 1

[^key-274a025e2096ae928de8674106e1335a]: Sch. 8 para. 32 in force at 2.12.2021, see art. 1

[^key-76aa3b3b87ee0477f78e2e44bb4a3e4c]: Sch. 8 para. 33 in force at 2.12.2021, see art. 1

[^key-36ec2daf939367350563718c7a98530b]: Sch. 8 para. 34 in force at 2.12.2021, see art. 1

[^key-4b31f3f328d3e85e8b4166ab6af5a173]: Sch. 8 para. 35 in force at 2.12.2021, see art. 1

[^key-871928d883da18e0db681e36f3128063]: Sch. 8 para. 36 in force at 2.12.2021, see art. 1

[^key-e054151c7b6aee07dc72cb2e677ce588]: Sch. 8 para. 37 in force at 2.12.2021, see art. 1

[^key-99dcdb2716edf528940206cc61503e8d]: Sch. 8 para. 38 in force at 2.12.2021, see art. 1

[^key-70ee2972c0d75b14104e85f6057d5dd8]: Sch. 8 para. 39 in force at 2.12.2021, see art. 1

[^key-f11e300c3275bf0c46ee0cf37fb65d09]: Sch. 8 para. 40 in force at 2.12.2021, see art. 1

[^key-25f84b12c288e00982443d0d5583c67c]: Sch. 8 para. 41 in force at 2.12.2021, see art. 1

[^key-bbc8df22639fdb08c6edd6f89ae4378f]: Sch. 8 para. 42 in force at 2.12.2021, see art. 1

[^key-3f9d5de815af8ace27ce72da2581c082]: Sch. 8 para. 43 in force at 2.12.2021, see art. 1

[^key-7283877c88bd089b030b755229d7d32b]: Sch. 8 para. 44 in force at 2.12.2021, see art. 1

[^key-a9410ed973d95926d1343f9048f0f8b8]: Sch. 8 para. 45 in force at 2.12.2021, see art. 1

[^key-61c474a06bac17083fe8fcfebbbbd182]: Sch. 8 para. 46 in force at 2.12.2021, see art. 1

[^key-cbdee1375720506e9ab714d1bdd17118]: Sch. 8 para. 47 in force at 2.12.2021, see art. 1

[^key-4f6cd576c2b172a73593ba1d49529de2]: Sch. 8 para. 48 in force at 2.12.2021, see art. 1

[^key-a77ae78d49a67dc686578aba9a33d9e8]: Sch. 1 in force at 2.12.2021, see art. 1

[^key-b7eafae54e8a402ddec6e37f122d8616]: Sch. 3 in force at 2.12.2021, see art. 1

[^key-1ef6e97b0effbac78fcf0bac3e5311e3]: Sch. 4 in force at 2.12.2021, see art. 1

[^key-9a8ebfae7ac8431d289b6e8bde39e880]: Sch. 5 in force at 2.12.2021, see art. 1

[^key-fd8bdcbaaf3861c408d58787f7788e7b]: Sch. 6 Pt. 1 in force at 2.12.2021, see art. 1

[^key-f1d17d5efb7593772f9d46fe246e0c37]: Sch. 6 Pt. 2 in force at 2.12.2021, see art. 1

[^key-81d5ef834031905546db4a0226c284ab]: Sch. 7 in force at 2.12.2021, see art. 1

[^key-b9e68ad6763914267d879835bd13645d]: Words in Sch. 1 inserted (5.4.2022) by The South Humber Bank Energy Centre (Correction) Order 2022 (S.I. 2022/421), art. 1(2), Sch.

[^key-d8339fe517b82c9ee00438bff7c910f0]: Words in Sch. 2 substituted (5.4.2022) by The South Humber Bank Energy Centre (Correction) Order 2022 (S.I. 2022/421), art. 1(2), Sch.

[^key-595b7c30c740c6baf20443e1f518a418]: Words in Sch. 2 inserted (5.4.2022) by The South Humber Bank Energy Centre (Correction) Order 2022 (S.I. 2022/421), art. 1(2), Sch.

[^key-ca17ae958bb50336db9a7b87fc857e51]: Word in art. 5(8) substituted (5.4.2022) by The South Humber Bank Energy Centre (Correction) Order 2022 (S.I. 2022/421), art. 1(2), Sch.

[^key-aff483374fb8f675e218367d38e25bd7]: Words in art. 28(1)(b) substituted (5.4.2022) by The South Humber Bank Energy Centre (Correction) Order 2022 (S.I. 2022/421), art. 1(2), Sch.

[^key-22798dd7ccf46247f404b6d6283adefe]: Words in art. 28(5) substituted (5.4.2022) by The South Humber Bank Energy Centre (Correction) Order 2022 (S.I. 2022/421), art. 1(2), Sch.

[^key-88fa72e8a8a64d80841fc317380f83e9]: Words in Sch. 8 para. 42 substituted (5.4.2022) by The South Humber Bank Energy Centre (Correction) Order 2022 (S.I. 2022/421), art. 1(2), Sch.