Legalize / United Kingdom / Statutory-Instrument

The Sizewell C (Nuclear Generating Station) Order 2022

Type Statutory-Instrument

Publication 2022-07-20

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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articles 1

Reform history JSON API

(1) Relevant site	(2) Street	(3) Extent	(4) Notes
Permanent traffic regulation measures	Permanent traffic regulation measures	Permanent traffic regulation measures	Permanent traffic regulation measures
Main development site and rail	B1122 unnamed road (Theberton)	From 220m north of the existing Eastbridge Road junction to Eastbridge Road (Main Site Access), including the new roundabout (Work No. 1B)	40mph speed restriction
Main development site and rail	B1122 Abbey Road (Leiston)	From the junction of Eastbridge Road (Main Site Access) to 40m north of the Aldhurst Farm Road junction, including the new roundabout (Work No. 1B)	40mph speed restriction
Main development site and rail	Eastbridge Road (Leiston)	From 500m northeast of the existing junction with B1122 Abbey Road to the new roundabout (Work No. 1B)	40mph speed restriction
Main development site and rail	Lovers Lane (Leiston)	From the junction with B1122 Abbey Road to the King George’s Avenue junction	40mph speed restriction
Main development site and rail	Sizewell Gap (Leiston)	From the junction with King George’s Avenue to 520m east of King George’s Avenue junction	40mph speed restriction
Main development site and rail	Valley Road (Leiston)	From the junction with Lovers Lane to 650m west of the junction with Lovers Lane to the existing 30mph speed limit east of the access to the Sewage Works	30mph speed restriction
Main development site and rail	King George’s Avenue (Leiston)	From the junction with Lovers Lane to 30m west of the junction with Lovers Lane	40mph speed restriction
Main development site and rail	Buckleswood Road (Leiston)	From 250m southeast of the Abbey Lane junction to the transition between Buckleswood Road and Westward Ho	40mph speed restriction
Main development site and rail	Westward Ho (Leiston)	From the existing change in speed limit outside no. 82 to transition between Westward Ho and Buckleswood Road	40mph speed restriction
Northern park and ride	A12 Main Road (Darsham)	From the existing change in speed limit (50m north of Willow Marsh Lane) to 310m north of Willow Marsh Lane	40mph speed restriction
Northern park and ride	Willow Marsh Lane (Darsham)	From 200m north of the existing junction with the A12 to the back of the splitter island on the western arm of the new A12 link at the new roundabout (Work No. 9(b))	40mph speed restriction
Southern park and ride	B1078 Ashe Road (Hacheston)	From 25m east of the A12 southbound entry slip roads to 175m north along the B1116 The Street	40mph speed restriction
Southern park and ride	A12 southbound entry slip road (Hacheston)	From the junction with the B1078 to 10m south of the B1078	40mph speed restriction
Southern park and ride	A12 northbound exit slip road (Hacheston)	From the junction with the B1078 to 10m south of the B1078	40mph speed restriction
Two village bypass	Tinker Brook (Stratford St Andrew)	From the new A12 roundabout to 120m south of the existing A12 junction	30mph speed restriction
Two village bypass	A12 Main Road (Benhall)	From the existing A1094 junction to 20m east of the existing A1094 junction	40mph speed restriction
Two village bypass	Existing A12 Main Road to be declassified (Benhall)	From the existing A1094 junction to 885m west of the existing A1094 junction	40mph speed restriction
A1094/B1069 junction south of Knodishall	A1094 Farnham Road (Friston)	From 240m west of the B1121 junction to the junction with the existing B1121	40mph speed restriction
A1094/B1069 junction south of Knodishall	A1094 Aldeburgh Road (Friston)	From the junction with the existing B1121 to 180m east of the B1069 junction	40mph speed restriction
A1094/B1069 junction south of Knodishall	B1069 Snape Road (Friston)	From the existing A1094 junction to 230m north of the existing A1094 junction	40mph speed restriction
A1094/B1069 junction south of Knodishall	B1121 Aldeburgh Road (Friston)	From the existing A1094 junction to 60m north of the existing A1094 junction	40mph speed restriction
Sizewell link road	Pretty Road (Theberton)	From the B1122 junction with Pretty Road to 840m west of the B1122 junction with Pretty Road	30mph speed restriction
Sizewell link road	B1122 Yoxford Road (Middleton)	From 187m west of the existing Littlemoor Road/B1122 Yoxford Road junction to 255m west of the Littlemoor Road/B1122 Yoxford Road junction, to the back of the splitter island on the eastern arm of the new Middleton Moor Roundabout	30mph speed restriction
Sizewell link road	Realigned B1122 Leiston Road (Middleton)	From 55m east of the existing Annesons Corner/B1122 junction to the junction with the B1125 Leiston Road	40mph speed restriction
Sizewell link road	B1122 Leiston Road (Theberton)	From the junction with the B1125 Leiston Road to 300m west of the junction with Pretty Road	40mph speed restriction
Sizewell link road	Existing and new B1125 Leiston Road (Middleton)	From 343m north of the existing B1122/B1125 Leiston Road junction a distance of approximately 270m to 15m east of the new B1125 Leiston Road/Sizewell Link Road junction	40mph speed restriction
Sizewell link road	Realigned B1122 Leiston Road, (Theberton)	From the eastern end of the existing 30mph speed limit 45m west of Moat Road/B1122 junction to the new T-junction B1122/Sizewell Link Road.	30mph speed limit
Temporary traffic regulation measures	Temporary traffic regulation measures	Temporary traffic regulation measures	Temporary traffic regulation measures
Main development site and rail	B1122	From 400m south of the Onner’s Lane junction to the commencement of the existing 30mph restriction 70m north of the Aldhurst Farm Road junction	30mph speed restriction
Main development site and rail	Eastbridge Road	From 1300m northeast of the existing Eastbridge Road junction to the existing B1122 junction	30mph speed restriction
Main development site and rail	Lovers Lane	From the junction with B1122 Abbey Road to 100m south of the Valley Road junction	30mph speed restriction
Main development site and rail	Valley Road	From the Lovers Lane junction to 800m west of the Lovers Lane junction with Lovers Lane	30mph speed restriction
Main development site and rail	Lovers Lane	From 600m east of the junction with B1122 Abbey Road to the King George’s Avenue junction	30mph speed restriction
Main development site and rail	King Georges Ave	From 50m west of the junction with Lovers Lane/Sizewell Gap to the Lovers Lane/Sizewell Gap junction	30mph speed restriction
Main development site and rail	Sizewell Gap	From King George’s Avenue junction to 100m east of King George’s Avenue junction	30mph speed restriction
Main development site and rail	Lovers Lane	From 400m north of the Valley Road junction to the King George’s Avenue junction	30mph speed restriction
Main development site and rail	Sizewell Gap	From King George’s Avenue to 520m east of King George’s Avenue	30mph speed restriction
Main development site and rail	Lovers Lane	From the King George’s Avenue junction to 600m north of the King George’s Avenue junction	30mph speed restriction
Main development site and rail	Sizewell Gap	From the King George’s Avenue junction to 600m east of the King George’s Avenue junction	30mph speed restriction
Main development site and rail	Sizewell Gap	From 170m west of the Sizewell Hall Road junction to the King George’s Avenue junction	30mph speed restriction
Main development site and rail	Lovers Lane	Entire length	30mph speed restriction
Main development site and rail	Eastbridge Road	From the Bridleway 19 junction to the B1122 junction	30mph speed restriction
Main development site and rail	B1122	From 500m south of the Onner’s Lane junction to the commencement of the existing 30mph restriction 70m north of the Abbey Lane junction	30mph speed restriction
Main development site and rail	The Green	From the Clay Hills Road junction to 1000m south of the Clay Hills Road junction	30mph speed restriction
Main development site and rail	Clay Hills Road	From 600m west of the The Green junction to The Green junction	30mph speed restriction
Main development site and rail	Theberton Road	From the The Green junction to 600m north of The Green junction	30mph speed restriction
Main development site and rail	East Green	From the Theberton Road junction to 100m north of the Theberton Road junction	30mph speed restriction
Main development site and rail	Saxmundham Road	From the Theberton Road junction to 250m east of the Hawthorn Road junction (for Knodishall level crossing works); and From 800m northwest of the Saxmundham Road level crossing to the Saxmundham level crossing	30mph speed restriction
Main development site and rail	Buckleswood Lane	From the Saxmundham Road level crossing to 770m northeast of the Saxmundham Road level crossing (for Saxmundham Road level crossing works)	30mph speed restriction
Main development site and rail	B1119 Saxmundham Road	From 800m southwest of Saxmundham Road level crossing to 700m southeast of Saxmundham Road level crossing	30mph speed restriction
Main development site and rail	Buckleswood Road	From 650m east of the Abbey Lane junction to the transition between Westward Ho and Buckleswood Road	30mph speed restriction
Main development site and rail	Lovers Lane	From the King George’s Avenue junction to 500m north of the King George’s Avenue junction	30mph speed restriction
Main development site and rail	Sizewell Gap	From the King George’s Avenue junction to 500m east of the King George’s Avenue junction	30mph speed restriction
Main development site and rail	B1122 Abbey Road	From 850m north of the Lovers Lane junction to the transition to 30mph north of the Lovers Lane junction	30mph speed restriction
Main development site and rail	Buckleswood Road	From the Abbey Lane junction to the transition between Buckleswood Road and Westward Ho	30mph speed restriction
Main development site and rail	Westwood Ho	From the transition between Westward Ho and Buckleswood Road and 200m east of the transition between Westward Ho and Buckleswood Road	30mph speed restriction
Main development site and rail	Lovers Lane	From the B1122 junction to 1050m east of the B1122 junction	30mph speed restriction
Main development site and rail	Buckleswood Lane	From the Harrow Lane junction to 400m west of Harrow Lane	30mph speed restriction
Main development site and rail	Abbey Lane	From Buckleswood Lane Junction to 400m east of Buckleswood Lane junction	30mph speed restriction
Main development site and rail	Aldhurst Farm Road	From the B1122 junction to 800m west of the B1122 junction	30mph speed restriction
Main development site and rail	Harrow Lane	From 350m west of the Abbey Lane junction to the Abbey Lane junction	30mph speed restriction
Northern park and ride	A12	From the A144 junction to 860m south of Willow Marsh Lane	30mph speed restriction
Northern park and ride	Willow Marsh Lane	From the A12 junction to 1000m west of Willow Marsh Lane	30mph speed restriction
Southern park and ride	B1078	From 530m west of the B1116 junction to 530m southeast of the B1116 junction	30mph speed restriction
Southern park and ride	B1116	From the B1078 junction to 530m north of the B1078 junction	30mph speed restriction
Southern park and ride	Easton Road	From the B1116 junction to 230m west of the B1116 junction	30mph speed restriction
Southern park and ride	A12 (northbound carriageway)	From 1850m south of the B1078 overbridge to 1200m north of the B1078 overbridge	30mph speed restriction
Southern park and ride	A12 northbound entry slip road	From the B1078 junction to the merge with the A12	30mph speed restriction
Two village bypass	Tinker Brook	From the A12 junction to 600m north of the Beversham Road / Church Road junction	30mph speed restriction
Two village bypass	Chapel Road	From the A12 junction to 525m north of the A12 junction	30mph speed restriction
Two village bypass	Hall Road	From Botany Junction to 275m north of Botany Lane Junction	30mph speed restriction
Two village bypass	Hill Farm Road	From the A12 junction to 1700m south of the A12 junction	30mph speed restriction
Two village bypass	A12	From the B1121 junction to the existing transition to 30mph north of Farnham; and From 800m west of the Tinker Brook junction to the existing transition to 30mph south of Stratford St Andrew	30mph speed restriction
Two village bypass	A1094 Friday Street	From the A12 junction to 1000m southeast of the A12 junction	30mph speed restriction
Sizewell link road	A12	From 1350m north of the Town Farm Lane junction to 800m south of the Town Farm Lane junction	30mph speed restriction
Sizewell link road	Littlemoor Road	From the B1122 junction to the Fordley Road junction	30mph speed restriction
Sizewell link road	Fordley Road	From the B1122 junction to 200m southwest of the Littlemoor Road junction; From the B1122 junction to 100m south of the B1122 junction;	30mph speed restriction
Sizewell link road	B1122 Yoxford Road	From the transition to 30mph 600m east of the A12 junction to 550m east of the Littlemoor Road junction; From 650m west of the Fordley Road junction to 650m east of the Fordley Road junction; From 850m west of the Trust Farm access to 850m east of the Trust Farm access; From 750m west of the Annesons Corner junction to 750m east of the Annesons Corner junction; From 1250m west of the B1125 junction to 450m east of the B1125 junction at the existing transition to 30mph at the western end of Theberton; From the existing transition to 30mph 100m west of the Moat Road junction to 350m east of the Moat Road junction; and From the existing transition to 30mph 100m west of the Moat Road junction to 100m north of the Eastbridge Road junction	30mph speed restriction
Sizewell link road	Annesons Corner	From the B1122 junction to Hawthorn Road	30mph speed restriction
Sizewell link road	Hawthorn Road	From Annesons Corner to 835m south of Annesons Corner	30mph speed restriction
Sizewell link road	B1125	From the B1122 junction to 250m north of the B1122 junction (for the Fordley Road works)	30mph speed restriction
Sizewell link road	Pretty Road	From the B1122 junction to 1700m west of the B1122 junction	30mph speed restriction
Sizewell link road	Moat Road	From the B1122 junction to 1250m west of the B1122 junction	30mph speed restriction
Sizewell link road	George Road	From the Moat Road junction to 950m south of the Moat Road junction	30mph speed restriction
Sizewell link road	Onner’s Lane	From the B1122 junction to 350m east of the B1122 junction (for Moat Road works); and From the B1122 junction to 680m east of the B1122 junction	30mph speed restriction
Freight management facility	Felixstowe Road	From 1250m northwest of the Bridge Road junction to 350m southeast of the Bridge Road junction	30mph speed restriction
Freight management facility	Bridge Road	From the Felixstowe Road junction to 250m south of the Bridge Road junction	30mph speed restriction
Freight management facility	Levington Road	Entire length (between Felixstowe Road and the end of the road to the south of the A14)	30mph speed restriction
Yoxford roundabout	A12	From the existing transition to 30mph north of Yoxford to 500m north of the Westleton Road junction	30mph speed restriction
Yoxford roundabout	Former B1122 Middleton Road to be declassified	From the existing transition to 30mph east of Yoxford to 550m east of the level crossing	30mph speed restriction
Yoxford roundabout	Middleton Road (Pinn’s Piece access)	Entire length	30mph speed restriction
Yoxford roundabout	Westleton Road	From the A12 junction to 500m east of the A12 junction	30mph speed restriction
A1094/B1069 junction south of Knodishall	A1094	From 1300m west of the B1069 junction to 1300m east of the B1069 junction	30mph speed restriction
A1094/B1069 junction south of Knodishall	B1069	From the A1094 junction to 1050m north of the A1094 junction	30mph speed restriction
A1094/B1069 junction south of Knodishall	B1121	From the existing transition to 30mph 550m north west of the A1094 junction to the A1094 junction	30mph speed restriction
A12 / A144 junction south of Bramfield	A12	From 1000m north of the A144 junction to 1000m south of the A144 junction	30mph speed restriction
A12 / A144 junction south of Bramfield	A144	From 900m west of the A12 junction to the A12 junction	30mph speed restriction
A12 / B1119 junction at Saxmundham	A12	From 900m north of the B1119 (west) junction to 900m south of the B1119 (east) junction	30mph speed restriction
A12 / B1119 junction at Saxmundham	B1119 (west)	From 1000m west of the A12 junction to the A12 junction	30mph speed restriction
A12 / B1119 junction at Saxmundham	B1119 (east)	From the A12 junction to the existing transition to 30mph 80m east of the A12 junction	30mph speed restriction

SCHEDULE 15 — Land in respect of which only rights etc may be acquired

(1) Relevant site	(2) Plot reference (as shown on the Land Plans)	(3) Purpose for which new rights may be acquired
Sizewell link road	SLR/19/08 and SLR/19/08a	Installation, use and maintenance of Work No. 12B (Sizewell link road) over the East Suffolk Line

SCHEDULE 16 — Modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants

Compensation enactments

1

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

2

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

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act (measure of compensation in case of severance) as substituted by paragraph 5—

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

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

3

(1) Without limiting the scope of sub-paragraph (1), the 1961 Act has effect subject to the modification set out in sub-paragraph (2).

(2) For section 5A(5A) of the 1961 Act (Relevant valuation date), after “If” substitute—

(a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 7 of Schedule 16 to the Sizewell C (Nuclear Generating Station) Order 2022); (b) the acquiring authority is subsequently required by a determination under paragraph 3 of Schedule 2A to the 1965 Act (as modified by paragraph 10 of Schedule 16 to the Sizewell C (Nuclear Generating Station) Order 2022) to take the additional land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right.

Application of the 1965 Act

4

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

(a) the right acquired or to be acquired, or the restriction imposed or to be imposed; or

(b) the land over which the right is or is to be exercisable, or the restriction is or is to be enforceable.

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

5

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

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

6

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

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

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

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

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

7

Section 11 of the 1965 Act (Powers of entry) is modified to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restriction, it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 11A (Powers of entry: further notices of entry), 11B (Counter-notice requiring possession to be taken on specified date), 12 (Unauthorised entry) and 13 (Refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

8

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

9

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

10

For Schedule 2A of the 1965 Act substitute—

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 34 (application of the 1981 Act) of the Sizewell C (Nuclear Generating Station) Order 2022 in respect of the land to which the notice to treat relates. (2) But see article 35 (acquisition of subsoil and airspace only) of the Sizewell C (Nuclear Generating Station) Order 2022 which excludes acquisition of subsoil or airspace only from this Schedule. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat; (b) accept the counter-notice; or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decides to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority does not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory; or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant; (b) the use to be made of the right or covenant proposed to be acquired or imposed; and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal

SCHEDULE 17 — Land of which only temporary possession may be taken

(1) Relevant site	(2) Plot reference (as shown on Land Plans)	(3) Purpose for which temporary possession may be taken
Main development site and rail	MDS/01/02, MDS/02/09, MDS/02/35, MDS/03/02, MDS/03/04, MDS/03/05, MDS/03/08, MDS/03/09, MDS/03/11, MDS/03/18, MDS/03/19, MDS/05/20, MDS/05/21, MDS/05/22	Construction of, and working areas in relation to, Work No. 1
Main development site and rail	MDS/10/15	Construction of Work No. 4B
Main development site and rail	MDS/03/08, MDS/03/12, MDS/03/13, MDS/03/14, MDS/03/15, MDS/03/16, MDS/03/17, MDS/07/01, MDS/08/01, MDS/08/02, MDS/08/03, MDS/08/04, MDS/08/05, MDS/08/06, MDS/08/07, MDS/09/01, MDS/09/02, MDS/09/03, MDS/09/04, MDS/09/05, MDS/09/06, MDS/09/07, MDS/09/08, MDS/09/09, MDS/09/10, MDS/09/11, MDS/09/12, MDS/10/15, MDS/10/17, MDS/10/18, MDS/10/19, MDS/10/20	Construction of, and working areas in relation to, Work No. 4C
Sports facilities	SF/11/01, SF/11/02	Construction of Work No. 5 and use of the facilities by the undertaker’s workforce and the public
Fen Meadow (Halesworth)	FM/12/04	Construction of Work No. 6
Fen Meadow (Benhall)	FM/13/05	Construction of Work No. 7

Northern park and ride	NPR/15/14, NPR/15/15, NPR/15/16	Works to existing highway (Work No. 9(b))
Southern park and ride	SPR/16/03, SPR/16/08, SPR/16/09, SPR/16/10, SPR/16/12	Works to existing highway (Work No. 10(b))
Two village bypass	2VBP/17/01, 2VBP/17/04, 2VBP/17/07, 2VBP/17/09, 2VBP/17/10, 2VBP/17/14, 2VBP/17/16, 2VBP/17/17, 2VBP/17/17b 2VBP/17/18, 2VBP/17/19, 2VBP/17/19c, 2VBP/17/22, 2VBP/17/23, 2VBP/17/26, 2VBP/17/27, 2VBP/17/28, 2VBP/18/13, 2VBP/18/14, 2VBP/18/16, 2VBP/18/17	Working area in relation to construction of Work No. 11
Two village bypass	2VBP/18/09, 2VBP/18/11	Working areas and construction compounds associated with carrying out Work No. 11
Sizewell link road	SLR/19/01, SLR/19/05, SLR/19/06, SLR/19/07, SLR/19/07d, SLR/19/07e, SLR/19/09a, SLR/19/10, SLR/19/11a, SLR/19/12, SLR/19/13, SLR/19/14, SLR/19/15, SLR/19/15b, SLR/19/15c, SLR/19/15d, SLR/19/15e, SLR/19/15f, SLR/19/16, SLR/19/17, SLR/19/18, SLR/19/19, SLR/20/01, SLR/20/01b, SLR/20/01c, SLR/20/03c, SLR/20/03d, SLR/20/05, SLR/20/06, SLR/20/07, SLR/20/09, SLR/20/10, SLR/20/10a, SLR/20/12, SLR/20/14, SLR/20/15a, SLR/20/17, SLR/21/02, SLR/21/03, SLR/21/09a, SLR/21/11, SLR/21/12, SLR/21/13, SLR/21/17, SLR/21/19b, SLR/21/24a, SLR/21/25, SLR/21/26, SLR/21/26b, SLR/21/27, SLR/21/28c, SLR/21/33, SLR/21/33c, SLR/21/35, SLR/21/36, SLR/21/40, SLR/21/43, SLR/21/45, SLR/22/01, SLR/22/03, SLR/22/05, SLR/22/08, SLR/22/12, SLR/22/16, SLR/22/25	Working areas in relation to construction of Work No. 12
Sizewell link road	SLR/19/21, SLR/19/07b, SLR/19/07g	Working areas and construction compounds associated with carrying out Work No. 12
Freight management facility	FMF/23/01, FMF/23/02, FMF/23/03, FMF/23/04, FMF/23/06, FMF/23/07, FMF/23/08	Works to existing highway (Work No. 13(b))
Yoxford roundabout	OHI/24/11; OHI/24/01, OHI/24/02, OHI/24/03, OHI/24/06, OHI/24/07, OHI/04/08, OHI/24/09	Works to existing highway (Work No. 14)
Yoxford roundabout	OHI/24/10	Construction compound associated with the carrying out Work No. 14
A12/B1119 junction at Saxmundham	OHI/25/01, OHI/25/03	Works to existing highway (Work No. 15)
A1094/B1068 junction south of Knodishall	OHI/26/01, OHI/26/02, OHI/26/03, OHI/26/04, OHI/26/05, OHI/26/06, OHI/26/08	Works to existing highway (Work No. 16)
A12/A144 junction south of Bramfield	OHI/27/02, OHI/27/03, OHI/27/05, OHI/27/06, OHI/27/07, OHI/27/09, OHI/27/10, OHI/27/11	Works to existing highway (Work No. 17)
Fen Meadow (Pakenham)	FM/28/05	Construction of Work No. 18

SCHEDULE 18 — Acquisition of wayleaves, easements and other rights

PART 1 — ON BEHALF OF LICENCE HOLDERS

Acquisition of necessary wayleaves

1

(1) This paragraph applies where—

(a) a licence holder has agreed in writing with the undertaker that it is necessary or expedient to remove an electric line within the Order limits and to install and keep installed an electric line in substitution for it on, under or over specified land;

(b) the licence holder has agreed in writing that the undertaker may seek a necessary wayleave on behalf of the licence holder in respect of the specified land; and

(c) the owner or occupier of the specified land, having been given a notice by the undertaker or the licence holder requiring him to give the necessary wayleave to the licence holder within a period (not being less than 21 days) specified in the notice—

(i) has failed to give the wayleave before the end of that period; or

(ii) has given the wayleave subject to terms and conditions to which the undertaker, following consultation with the licence holder, objects.

(2) Subject to sub-paragraphs (3) and (4) below, the Secretary of State may, on the application of the undertaker, himself grant the necessary wayleave to the licence holder subject to such terms and conditions as he thinks fit; and a necessary wayleave so granted shall, unless previously terminated in accordance with a term contained in the wayleave, continue in force for such period as may be specified in the wayleave.

(3) The Secretary of State shall not entertain an application under sub-paragraph (2) above in any case where—

(a) the specified land is covered by a dwelling, or will be so covered on the assumption that any planning permission which is in force is acted on; and

(b) the line is to be installed on or over the specified land.

(4) Before granting the necessary wayleave to the licence holder, the Secretary of State shall afford—

(a) the occupier of the specified land; and

(b) where the occupier is not also the owner of the specified land, the owner, an opportunity of being heard by a person appointed by the Secretary of State.

(5) A necessary wayleave granted to the licence holder under this paragraph—

(a) shall not be subject to the provisions of any enactment requiring the registration of interests in, charges over or other obligations affecting land; but

(b) shall bind any person who is at any time the owner or occupier of the specified land.

(6) Where in pursuance of a necessary wayleave granted under this paragraph a licence holder has erected on any land supports for an electric line, he shall be deemed to have an interest in that land for the purposes of section 7 of the Mines (Working Facilities and Support) Act 1966.

(7) Where a wayleave is granted to a licence holder under this paragraph –

(a) the occupier of the specified land; and

(b) where the occupier is not also the owner of the specified land, the owner, may recover from the undertaker compensation in respect of the grant.

(8) Where in the exercise of any right conferred by such a wayleave any damage is caused to the specified land or to movables, any person interested in the specified land or movables may recover from the undertaker compensation in respect of that damage; and where in consequence of the exercise of such a right a person is disturbed in his enjoyment of any land or movables he may recover from the undertaker compensation in respect of that disturbance.

(9) Compensation under this paragraph may be recovered as a lump sum or by periodical payments or partly in one way and partly in the other.

(10) Any question of disputed compensation under this paragraph shall be determined by the Tribunal; and section 4 of the Land Compensation Act 1961 shall apply to any such determination.

Compulsory acquisition of easements or other rights

2

(1) This paragraph applies where—

(a) a licence holder has agreed in writing with the undertaker that it is necessary or expedient to remove an electric line within the Order limits and to install and keep installed an electric line in substitution for it on, under or over specified land; and

(b) the licence holder has agreed in writing that the undertaker may seek an easement or other right in land on behalf of the licence holder in respect of the specified land.

(2) Subject to sub-paragraph (3) and (4), where a compulsory purchase order is sought by the undertaker pursuant to sub-paragraph (1), the Secretary of State may authorise the relevant licence holder to purchase compulsorily an easement or right over the specified land where the Secretary of State is satisfied that it is required for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on.

(3) Part I (paragraphs 2 onwards) and Part II of Schedule 3 of the Electricity Act 1989 shall apply in respect of powers of compulsory purchase sought pursuant to this paragraph.

(4) Unless otherwise agreed between the undertaker and the licence holder in writing, where the undertaker seeks a compulsory purchase order on behalf of a licence holder pursuant to this paragraph, the negotiation of consideration and compensation shall be undertaken by the undertaker and any consideration or compensation agreed or determined shall be payable by the undertaker and Schedule 3 of the Electricity Act 1989 as applied by this paragraph shall be interpreted accordingly.

Interpretation

3

In this Part of Schedule 18—

“dwelling” means a building or part of a building occupied, or (if not occupied) last occupied or intended to be occupied, as a private dwelling and includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that building or part;

“licence holder” means a person holding a licence under section 6 of the Electricity Act 1989;

“necessary wayleave” means consent for the licence holder to install and keep installed the electric line on, under or over the specified land and to have access to the specified land for the purpose of inspecting, maintaining, adjusting, repairing, altering, replacing or removing the electric line;

“specified land” means the land within or outside the Order limits on, under or over which a licence holder agrees, pursuant to paragraph 1 or 2, that an electric line should be relocated in substitution for an existing electric line; and

“Tribunal” means the Upper Tribunal in relation to England and Wales.

PART 2 — ON BEHALF OF CODE OPERATORS

Court imposition of code rights

4

(1) This paragraph applies where—

(a) a code operator has agreed in writing with the undertaker that for the purpose of the authorised development it is necessary or expedient to remove electronic communications apparatus owned by the code operator within the Order limits and to install and keep installed electronic communications apparatus in substitution for it on, under or over specified land;

(b) the code operator has agreed in writing that the undertaker may seek code rights on behalf of the code operator in respect of the specified land, including all of the other terms of the agreement sought; and

(i) setting out the code rights, and all of the other terms of the agreement sought, and

(ii) stating that the person’s agreement to those terms is sought.

(2) The undertaker may apply to the court for an order under this paragraph if the relevant person does not, before the end of 28 days beginning with the day on which the notice in sub-paragraph (1)(c) is given, agree to confer or be otherwise bound by the code rights.

(3) An order under this paragraph is one which imposes on the code operator and the relevant person an agreement between them which—

(a) confers the code rights on the operator, or

(b) provides for the code rights to bind the relevant person.

(4) Where the undertaker makes an application to the court under sub-paragraph (2), paragraph 21, 22, 23, 24 and 26 of Part 4 of Schedule 3A (The Electronic Communications Code) and Part 14 (Compensation under The Code) of the Communications Act 2003 shall apply as if:

(a) reference to the making of an ‘order under paragraph 20’ were substituted for the making of an order under Schedule 18 of the Sizewell C (Nuclear Generating Station) Order 2022’; and

(b) unless otherwise agreed on a case-by-case basis in writing between the undertaker and the code operator, all references to ’consideration’ or ’compensation’ provided for in any agreement or order or otherwise to be determined shall be read as being payable by the undertaker.

Compulsory acquisition of easements or other rights

5

(1) The undertaker may seek a compulsory purchase order on behalf of a code operator where—

(a) the code operator has agreed in writing with the undertaker that for the purpose of the authorised development it is necessary or expedient to remove electronic communications apparatus owned by the operator within the Order limits and to install and keep installed electronic communications apparatus in substitution for it on, under or over specified land;

(b) the code operator has agreed in writing that the undertaker may seek an easement or other rights over land on behalf of the code operator in respect of the specified land.

(2) Subject to sub-paragraph (3) and (4), where a compulsory purchase order is sought by the undertaker pursuant to sub-paragraph (1), the Secretary of State may authorise the relevant code operator to purchase compulsorily the specified land or an easement or right over the specified land if the Secretary of State is satisfied that it is required by the code operator—

(a) for, or in connection with, the establishment or running of the code operator’s network; or

(b) as to which it can reasonably be foreseen that it will be so required.

(3) Subject to sub-paragraph (4), paragraphs 3(2) to 3(7) of Schedule 4 of the Communications Act 2003 shall apply in respect of powers of compulsory purchase sought pursuant to this paragraph.

(4) Unless otherwise agreed between the undertaker and the licence holder in writing, where the undertaker seeks a compulsory purchase order on behalf of a code operator pursuant to this paragraph, all negotiations of compensation shall be undertaken by the undertaker and any consideration or compensation agreed or determined in respect of any easements or rights acquired shall be payable by the undertaker and Schedule 4 of the Communications Act 2003 shall be interpreted accordingly as it applies to this paragraph.

Interpretation

6

In this paragraph, the following terms have the following meaning:

“code operator’s network” has the meaning given for ‘operator’s network’ in paragraph 6 of Schedule 3A of the Communications Act 2003

“code rights” has the meaning given in paragraph 3 of Schedule 3A of the Communications Act 2003;

“court” has the meaning given in paragraph 94 of Schedule 3A of the Communications Act 2003;

“electronic communications apparatus” has the meaning given in paragraph 5 of Schedule 3A of the Communications Act 2003;

“code operator” has the meaning given for an ‘operator’ in paragraph 2 of Schedule 3A of the Communications Act 2003;

“relevant person” means the person in respect of whose interest in land a code right is required;

“specified land” means the land within or outside the Order limits on, under or over which an operator agrees, pursuant to sub-paragraph (1), that electronic communications apparatus should be relocated in substitution for existing electronic communications apparatus.

PART 3 — ON BEHALF OF WATER AND SEWERAGE UNDERTAKERS

Compulsory acquisition of easements or other rights

7

(1) The undertaker may seek a compulsory purchase order on behalf of a water or sewerage undertaker where—

(a) the water or sewerage undertaker has agreed in writing with the undertaker that for the purpose of the authorised development it is necessary or expedient to remove water or sewerage apparatus owned by the water or sewerage undertaker within the Order limits and to install and keep installed alternative apparatus in substitution for it on, under or over specified land;

(b) the water or sewerage undertaker has agreed in writing that the undertaker may seek an easement or other rights over land on behalf of the water or sewerage undertaker in respect of the specified land.

(2) Subject to sub-paragraph (3), where a compulsory purchase order is sought by the undertaker pursuant to sub-paragraph (1), the Secretary of State may authorise the relevant water or sewerage undertaker to purchase compulsorily the specified land or an easement or right over the specified land where the Secretary of State is satisfied that it is required by the water or sewerage undertaker for the purposes of, or in connection with, the carrying out of its functions.

(3) Section 155(3) to (6) of the Water Industry Act 1991 shall apply in respect of powers of compulsory purchase sought pursuant to this paragraph.

(4) Unless otherwise agreed between the undertaker and the water or sewerage undertaker in writing, where the undertaker seeks a compulsory purchase order on behalf of a water or sewerage undertaker pursuant to this paragraph, all negotiations of compensation shall be undertaken by the undertaker and any consideration or compensation agreed or determined in respect of any easements or rights acquired shall be payable by the undertaker.

(5) In this paragraph:

“alternative apparatus” means alternative water or sewerage apparatus adequate to enable the water or sewerage undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

“specified land” means the land within or outside the Order limits on, under or over which a water or sewerage undertaker agrees, pursuant to sub-paragraph (1), that alternative apparatus should be relocated in substitution for existing relevant water or sewerage apparatus.

“water or sewerage undertaker” means ’water undertaker’ or ’sewerage undertaker’ as defined in the Water Industry Act 1991; and

“water or sewerage apparatus” means (i) mains, pipes or other water apparatus belonging to or maintained by a water undertaker for the purposes of water supply; and (ii) any drain or works vested in a sewerage undertaker, and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of the Water Industry Act 1991 or an agreement to adopt made under section 104 of that Act, and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pimps, or other accessories forming part of any such sewer, drain or works, and in each case includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus.

PART 4 — ON BEHALF OF GAS TRANSPORTERS

Compulsory acquisition of easements or other rights

8

(1) The undertaker may seek a compulsory purchase order on behalf of a gas transporter where—

(a) the gas transporter has agreed in writing with the undertaker that for the purpose of the authorised development it is necessary or expedient to remove gas apparatus owned by the gas transporter within the Order limits and to install and keep installed gas apparatus in substitution for it on, under or over specified land;

(b) the gas transporter has agreed in writing that the undertaker may seek an easement or other rights over land on behalf of the gas transporter in respect of the specified land.

(2) Subject to sub-paragraph (3) and (4), where a compulsory purchase order is sought by the undertaker pursuant to sub-paragraph (1), the Secretary of State may authorise the relevant gas transporter to purchase compulsorily an easement or right over the specified land.

(3) Schedule 3 of the Gas Act 1986 shall apply in respect of powers of compulsory purchase sought pursuant to this paragraph.

(4) Where the undertaker seeks a compulsory purchase order on behalf of a gas transporter pursuant to this paragraph, all negotiations of compensation shall be undertaken by the undertaker, unless otherwise agreed with the gas transporter, and any consideration or compensation agreed or determined in respect of any easements or rights acquired shall be payable by the undertaker only (unless otherwise agreed with the operator).

(5) In this paragraph—

“alternative apparatus” means alternative gas apparatus adequate to enable the gas transporter in question to fulfil its statutory functions in a manner not less efficient than previously;

“gas apparatus” means any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purpose of gas supply;

“gas transporter” has the meaning given in Part 1 of the Gas Act 1986; and

“specified land” means land within or outside the Order limits on, under or over which a gas transporter agrees, pursuant to sub-paragraph (1), that alternative apparatus should be relocated in substitution for existing gas apparatus.

SCHEDULE 19 — Protective Provisions

PART 1 — PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

Application

1

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

Interpretation

2

In addition to article 2 (interpretation), the terms in this Part have the following meanings—

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

“apparatus” means— in the case of a statutory undertaker within sub-paragraph (a) of the definition of that term, electric lines or electrical plant (as defined in the Electricity Act 1989[^f00043]), belonging to or maintained by the statutory undertaker for the purposes of electricity supply; in the case of a statutory undertaker within sub-paragraph (b) of the definition of that term, any mains, pipes or other apparatus belonging to or maintained by the statutory undertaker for the purposes of gas supply; in the case of a statutory undertaker within sub-paragraph (c) of the definition of that term, mains, pipes or other water apparatus belonging to or maintained by the statutory undertaker for the purposes of water supply; and in the case of a sewerage undertaker— any drain or works vested in the sewerage undertaker under the Water Industry Act 1991; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act, and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and in each case includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“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;

“statutory undertaker” means— any licence holder within the meaning of Part 1 of the Electricity Act 1989; and a gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00044]; a water undertaker within the meaning of the Water Industry Act 1991; a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991; and for the area of the authorised development, and in relation to any apparatus, means the statutory undertaker to whom it belongs or by whom it is maintained.

On-street apparatus

3

This Part does not apply to apparatus in respect of which the relations between the undertaker and the statutory undertaker are regulated by Part 3 of the 1991 Act.

Acquisition of apparatus

4

Despite any provision in this Order or anything shown on the Land Plans, the undertaker must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

5

(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, that apparatus must not be removed under this Part of this Schedule and any right of a statutory undertaker to maintain that apparatus in that land and to gain access to it will not be extinguished until, if so required by the statutory undertaker, alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the statutory undertaker in question.

(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, it must give to the statutory undertaker in question 28 days’ 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 a statutory undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to paragraph 5(3), afford to the statutory undertaker 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 as a consequence of the removal of apparatus placed on land other than that of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in paragraph 5(2), the statutory undertaker in question, must on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its reasonable endeavours to obtain the necessary facilities and rights in other land in which the alternative apparatus is to be constructed.

(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 the statutory undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 84 (arbitration).

(5) The statutory undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 84 (arbitration), and after the grant to the statutory undertaker of any such facilities and rights as are referred to in paragraphs 5(2) and (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under this Part of this Schedule.

(6) Despite anything in paragraph 5(5), if the undertaker gives notice in writing to the statutory undertaker in question that it desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus, that work, instead of being executed by the statutory undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the statutory undertaker.

(7) Nothing in paragraph 5(6) 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 without the prior approval of the statutory undertaker (such approval not to be unreasonably withheld or delayed).

Facilities and rights for alternative apparatus

6

(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a statutory undertaker facilities and rights for the construction and maintenance in land of the undertaker for alternative apparatus in substitution for apparatus to be removed, those facilities and rights will be granted upon such terms and conditions as may be agreed between the undertaker and the statutory undertaker in question or in default of agreement settled by arbitration in accordance with article 84 (arbitration).

(2) In settling those terms and conditions in respect of alternative apparatus to be constructed in the land of the undertaker, the arbitrator will—

(a) give effect to all reasonable requirements of the undertaker for ensuring the safety and efficient operation of the authorised development and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the undertaker; and

(b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to the apparatus constructed in or on the land for which the alternative apparatus is to be substituted.

(3) 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 the statutory undertaker in question 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 may make such provision for the payment of compensation by the undertaker to that statutory undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection

7

(1) Not less than 28 days before starting the execution of any authorised works authorised by this Order that are near to, or will or may affect, or where construction access is to be taken over, any apparatus the removal of which has not been required by the undertaker under paragraph 5(2), the undertaker must submit to the statutory undertaker in question 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 paragraph 7(1) and in accordance with such reasonable requirements as may be made in accordance with paragraph 7(3) by the statutory undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the statutory undertaker is entitled to watch and inspect the execution of those works.

(3) Any requirements made by a statutory undertaker under paragraph 7(2) 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 a statutory undertaker in accordance with paragraph 7(3) 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, paragraph 5 applies as if the removal of the apparatus had been required by the undertaker under sub-paragraph (2) of that 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 paragraph 7(2) in a case of emergency but in that case it must give to the statutory 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 paragraph 7(2) in so far as is reasonably practicable in the circumstances.

Compensation

8

(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 5(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 statutory undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any statutory undertaker, the undertaker must—

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

(b) make reasonable compensation to that statutory undertaker for any other expenses, loss, demands or proceedings, damages, claims, penalty or costs incurred by the statutory undertaker,

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

(2) Nothing in paragraph 8(1) must impose any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the neglect or default of a statutory undertaker, its officers, servants, contractors or agents.

(3) A statutory undertaker must give the undertaker reasonable prior written notice of any claim or demand, and no settlement or compromise may be made without the consent of the undertaker.

Expenses

9

(1) Subject to the following provisions of this paragraph, the undertaker must pay to the statutory undertaker in question the reasonable expenses incurred by that statutory undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus.

(2) The value of any apparatus removed under this Part is to be deducted from any sum payable under paragraph 9(1), that value being calculated after removal.

(3) If in accordance with this Part—

(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 84 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part 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 statutory undertaker in question by virtue of paragraph 9(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; 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 statutory undertaker in respect of works by virtue of paragraph 9(1) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the statutory undertaker in question any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Co-operation

10

(1) Where, under this Part, the statutory undertaker is required to give its consent or approval in respect of any matter, that consent or approval must not be unreasonably withheld or delayed.

(2) In respect of any specified work or the acquisition of rights under or over or use of the statutory undertaker’s property, the statutory undertaker must co-operate with the undertaker with a view to avoiding undue delay.

Agreements

11

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

PART 2 — PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS NETWORKS

Application

12

The provisions of this Part have effect for the protection of operators unless otherwise agreed in writing between the undertaker and the operator in question.

Interpretation

13

In addition to article 2 (interpretation), the terms in this Part have the following meanings—

“2003 Act” means the Communications Act 2003;

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

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

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

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

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

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

Electronic communications apparatus installed on, under or over any land

14

The exercise of the powers in article 42 (statutory undertakers) is subject to Part 10 of Schedule 3A of the 2003 Act (undertaker’s works affecting electronic communications apparatus).

Compensation

15

(1) Subject to paragraphs 15(2) to (3), if as the result of the authorised development or its construction, 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 the property of an operator, the undertaker must—

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

(b) make reasonable compensation to that statutory undertaker for any other expenses, loss, demands or proceedings, damages, claims, penalty or costs incurred by the statutory undertaker,

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

(2) Nothing in paragraph 15(1) imposes any liability on the undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

(3) Any difference arising between the undertaker and the operator under this paragraph must, unless otherwise agreed in writing between the operator and the undertaker, be referred to and settled by arbitration under article 84 (arbitration).

(4) 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.

Application

16

This Part does not apply to—

(a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by 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.

Co-operation

17

In respect of any specified work or the acquisition of rights under or over or use of the statutory undertaker’s property, the statutory undertaker must co-operate with the undertaker with a view to avoiding undue delay.

Enactments and agreements

18

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

PART 3 — NETWORK RAIL

19

The provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and Network Rail and, in the case of paragraph 33 of this Part of this Schedule any other person on whom rights or obligations are conferred by that paragraph.

20

In this Part of this Schedule—

“construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;

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

“network licence” means the network licence, as the same is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of their powers under section 8 of the Railways Act l993;

“Network Rail” means Network Rail Infrastructure Limited and any associated company of Network Rail Infrastructure Limited 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 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;

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

“railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993) 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; and any easement or other property interest held or used by Network Rail for the purposes of such railway or works, apparatus or equipment; and

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

21

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

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

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

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

22

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

(a) article 27 (authority to survey and investigate the land);

(b) article 28 (compulsory acquisition of land);

(d) article 32 (compulsory acquisition of rights and imposition of restrictive covenants);

(e) article 33 (private rights of way);

(f) article 35 (acquisition of subsoil and airspace only);

(g) article 39 (temporary use of land for carrying out authorised development);

(h) article 41 (temporary use of land for maintaining authorised development);

(i) article 42 (statutory undertakers);

(j) or the powers conferred by section 11(3) of the 1965 Act,

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

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

(3) The undertaker must not exercise the powers conferred by sections 271 or 272 of the 1990 Act, or article 42 (statutory undertakers), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

(4) The undertaker must not under the powers of this Order acquire or use or acquire new rights over, or seek to impose any restrictive covenants over, any railway property, or extinguish any existing rights of Network Rail in respect of any third party property, except with the consent of Network Rail.

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

(6) The undertaker shall not place railway property in a position where it cannot be used, or maintained, or is placed at risk of not being capable of use, to run trains safely.

23

(1) The undertaker must before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work must not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration in accordance with paragraph 40 of this Part of this Schedule.

(2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld, and if by the end of the period of 28 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not intimated their disapproval of those plans and the grounds of such disapproval the undertaker may serve upon the engineer written notice (marked as urgent and requiring a response within 28 days) requiring the engineer to intimate approval or disapproval within a further period of 28 days beginning with the date upon which the engineer receives written notice from the undertaker. If by the expiry of the further 28 days the engineer has not intimated approval or disapproval, the engineer shall be deemed to have approved the plans as submitted.

(3) If by the end of the period of 28 days beginning with the date on which written notice was served upon the engineer under sub-paragraph (2), Network Rail gives notice to the undertaker that Network Rail desires itself to construct any part of a specified work which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker desires such part of the specified work to be constructed, Network Rail must construct it without unnecessary delay on behalf of and to the reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be approved or settled under this paragraph, and under the supervision (where appropriate and if given) of the undertaker.

(4) When signifying their approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using the same (including any relocation de-commissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes must be constructed by Network Rail or by the undertaker, if Network Rail so desires, and such protective works must be carried out at the expense of the undertaker in either case without unnecessary delay and the undertaker must not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to their reasonable satisfaction.

24

(1) Any specified work and any protective works to be constructed by virtue of paragraph 23(4) must, when commenced, be constructed—

(a) without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 23 of this Part of this Schedule;

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

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

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

(3) Nothing in this Part of this Schedule imposes any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents or any liability on Network Rail with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.

25

The undertaker must—

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

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

26

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

27

(1) If any permanent or temporary alterations or additions to railway property are reasonably necessary in consequence of the construction of a specified work, or during a period of 24 months after the completion of that work in order to ensure the safety of railway property or the continued safe operation of the railway of Network Rail, such alterations and additions may be carried out by Network Rail and if Network Rail gives to the undertaker reasonable notice of its intention to carry out such alterations or additions (which must be specified in the notice), the undertaker must pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any such alterations or additions.

(2) If during the construction of a specified work by the undertaker, Network Rail gives notice to the undertaker that Network Rail desires itself to construct that part of the specified work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker decides that part of the specified work is to be constructed Network Rail must assume construction of that part of the specified work and the undertaker must, notwithstanding any such approval of a specified work under paragraph 23(3), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work.

(3) The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 28(a) provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require.

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

28

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

(a) in constructing any part of a specified work on behalf of the undertaker as provided by paragraph 23(3) or in constructing any protective works under the provisions of paragraph 23(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

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

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

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

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

29

(1) In this paragraph—

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

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

(2) This paragraph applies to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 23(1) for the relevant part of the authorised development giving rise to EMI (unless the undertaker has been given notice in writing before the approval of those plans of the intention to make such change).

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

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

(a) the undertaker must consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter must continue to consult with Network Rail (both before and after formal submission of plans under paragraph 23(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

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

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

(5) In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail must not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution must be selected in the reasonable discretion of Network Rail, and in relation to such modifications paragraph 23(1) have effect subject to the sub-paragraph.

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