The Longfield Solar Farm Order 2023

• (3) The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 77(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.

77

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 72(3) or in constructing any protective works under the provisions of paragraph 72(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.

78

• (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 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 72(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 72(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 72(1) has effect subject to the sub-paragraph.

• (6) Prior to the commencement of operation of the authorised development the undertaker must test the use of the authorised development in a manner that must first have been agreed with Network Rail and if, notwithstanding any measures adopted pursuant to sub-paragraph (3), the testing of the authorised development causes EMI then the undertaker must immediately upon receipt of notification by Network Rail of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the undertaker’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to Network Rail’s apparatus.

• (7) In the event of EMI having occurred—

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

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

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

• (d) the undertaker must not allow the use or operation of the authorised development in a manner that has caused or will cause EMI until measures have been taken in accordance with this paragraph to prevent EMI occurring.

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

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

• (b) any modifications to Network Rail’s apparatus approved pursuant to those sub-paragraphs must be carried out and completed by the undertaker in accordance with paragraph 73.

• (9) To the extent that it would not otherwise do so, the indemnity in paragraph 82(1) applies to the costs and expenses reasonably incurred or losses suffered by Network Rail through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies.

• (10) For the purpose of paragraph 77(a) any modifications to Network Rail’s apparatus under this paragraph are deemed to be protective works referred to in that paragraph.

• (11) In relation to any dispute arising under this paragraph the reference in article 39 (arbitration) to the Institution of Civil Engineers must be read as a reference to the Institution of Engineering and Technology.

79

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

80

The undertaker must not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Network Rail unless it has first consulted Network Rail and it must comply with Network Rail’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.

81

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

82

• (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, maintenance or operation 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;

• (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;

• (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;

• (e) in respect of costs incurred by Network Rail in complying with any railway operational procedures or obtaining any regulatory consents which procedures are required to be followed or consents obtained to facilitate the carrying out or operation of the authorised development;

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 the engineer’s 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—

• (a) give the undertaker reasonable written notice of any such claims or demands

• (b) not make any settlement or compromise of such a claim or demand without the prior consent of the undertaker; and

• (c) take such steps as are within its control and are reasonable in the circumstances to mitigate any liabilities relating to such claims or demands.

• (3) The sums payable by the undertaker under sub-paragraph (1) must 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 is in the event of default enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator pursuant to sub-paragraph (4).

• (6) In this paragraph—

• “the relevant costs” means the costs, 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.

83

Network Rail must, on receipt of a request from the undertaker, from time to time provide the undertaker free of charge with written estimates of the costs, charges, expenses and other liabilities for which the undertaker is or will become liable under this Part of this Schedule (including the amount of the relevant costs mentioned in paragraph 82) and with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made pursuant to this Part of this Schedule (including any claim relating to those relevant costs).

84

In the assessment of any sums payable to Network Rail under this Part of this Schedule there must not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Part of this Schedule or increasing the sums so payable.

85

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

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

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

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

86

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.

87

The undertaker must give written notice to Network Rail if any application is proposed to be made by the undertaker for the Secretary of State’s consent, under article 33 (consent to transfer benefit of Order) of this Order and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)—

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

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

• (c) the name and address of the person acting for the Secretary of State to whom the application is to be made.

88

The undertaker must no later than 28 days from the date that the plans submitted to and certified by the Secretary of State in accordance with article 38 (certification of plans and documents etc.) are certified by the Secretary of State, provide a set of those plans to Network Rail in a format specified by Network Rail.

PART 8 — FOR THE PROTECTION OF ESSEX COUNTY COUNCIL

89

The provisions in this Part of this Schedule have effect for the protection of Essex County Council unless otherwise agreed in writing between the undertaker and Essex County Council.

90

In this Part of this Schedule—

• “authorised development” has the same meaning as in article 2(1) (interpretation) of this Order and (unless otherwise specified) for the purposes of this Part of this Schedule includes the operation and maintenance of the authorised development and the construction of any works authorised by this Part of this Schedule;

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

• “drainage authority” means Essex County Council;

• “drainage work” means works to any ordinary watercourse and includes any bank, wall, embankment or other structure, or any appliance constructed for land drainage or flood defence for which the drainage authority is the consenting authority;

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

• “plans” includes sections, drawings, specifications and method statements;

• “specified work” means so much of the authorised development as is in, on, under, over or within 8 metres of a drainage work or is otherwise likely to affect the flow of water in any watercourse.

91

• (1) Before beginning to construct any specified work in relation to an ordinary watercourse, the undertaker must submit to the drainage authority plans of the work.

• (2) On receipt of plans under (1) the drainage authority may within 28 days of the first submission of the plans request such further particulars as the drainage authority may reasonably require.

• (3) Any such specified work in relation to an ordinary watercourse must not be constructed except in accordance with such plans as may be approved in writing by the drainage authority, and in compliance with sub-paragraph (6) below.

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

• (a) must not be unreasonably withheld or delayed;

• (b) is to be deemed to have been given if it is neither given nor refused within 8 weeks of the submission of the plans for approval or submission of further particulars (where required by the drainage authority under sub-paragraph (2), whichever is the later); and

• (c) may be given subject to such reasonable requirements or conditions as the drainage authority may make for the protection of any key watercourse or for the prevention of flooding.

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

• (6) In order to assist the undertaker when submitting plans under sub-paragraph (1) above it will be necessary to ensure that any suggested pipework proposed is in compliance with the ECC Culverting Policy, whether that be a temporary structure or a permanent structure.

92

Without limiting the scope of paragraph 91, the requirements which the drainage authority may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified work (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary taking account of the terms of this Order—

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

• (b) to secure that the efficiency of any drainage work for flood defence and land drainage purposes is not impaired, and that the risk of flooding is not otherwise increased beyond the level of flood risk that was assessed in the environmental statement, by reason of any specified work.

93

• (1) Subject to sub-paragraph (2), any specified work, and all protective works required by the drainage authority under paragraph 92, must be constructed—

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

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

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

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

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

• (b) notice in writing of its completion not later than seven days after the date on which it is brought into use.

94

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

95

The undertaker must make reasonable compensation for costs, charges and expenses which the drainage authority may reasonably incur—

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

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

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

96

• (1) The undertaker must make reasonable compensation for liabilities, costs and losses which may be reasonably incurred or suffered by reason of—

• (a) the construction of any specified works comprised within the authorised development; or

• (b) any act or omission of the undertaker, its employees, contractors or agents or others while engaged upon the construction of the authorised development.

• (2) The drainage authority must give to the undertaker reasonable notice of any such claim or demand.

• (3) The undertaker may at its own expense conduct all negotiations for the settlement of the same and any litigation that may arise therefrom.

• (4) The drainage authority must not compromise or settle any such claim or make any admission which might be prejudicial to the claim without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.

• (5) The drainage authority will, having regard to its statutory powers, at all times take reasonable steps to prevent and mitigate any such claims, demands, proceedings, costs, damages, expenses or loss.

• (6) The drainage authority will, at the request of the undertaker and having regard to its statutory powers, afford all reasonable assistance for the purpose of contesting any such claim or action, and is entitled to be repaid its reasonable expenses reasonably incurred in so doing.

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

• (8) Nothing in sub-paragraph (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 the drainage authority or the breach of a statutory duty of the drainage authority, its officers, servants, contractors or agents.

97

Any dispute arising between the undertaker and the drainage authority under this Part of this Schedule, if the parties agree, is to be determined by arbitration under article 39 (arbitration).

PART 9 — FOR THE PROTECTION OF ESSEX AND SUFFOLK WATER

98

For the protection of Essex and Suffolk Water, the following provisions must, unless otherwise agreed in writing between the undertaker and Essex and Suffolk Water, have effect.

99

In this Part of this Schedule—

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

• “apparatus” means the following items belonging to or maintained by ESW within the Order limits-

• “ESW” means Northumbrian Water Limited, t/a Essex and Suffolk Water, company number 02366703, whose registered office is at Northumbria House, Abbey Road, Pity Me, Durham, DH1 5FJ;

• “functions” includes powers and duties;

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

• “plan” includes sections, drawings, specifications and method statements and drawings submitted for approval must include a plan to the scale of 1:500 based on the ordnance survey to locate the work in question, and plans and sections to a scale of between 1:200 to 1:25 to give details of the work in question; and

• “specified work” means so much of the authorised development as is in, on, under, over or within the standard protection strips; and

• “the standard protection strips” means strips of land falling the following distances to either side of the medial line of any relevant pipe or apparatus—3 metres where the internal diameter of the pipe is less than 300 millimetres;4.5 metres where the internal diameter of the pipe is over 300 and up to and including 600 millimetres; and6 metres where the internal diameter of the pipe exceeds 600 millimetresunless otherwise agreed.

Retained apparatus

100

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

• (2) A specified work must not be constructed except in accordance with such plans as may be approved in writing by ESW or determined under paragraph 110.

• (3) Any approval of ESW required under this paragraph—

• (a) must not be unreasonably withheld or delayed;

• (b) is deemed to have been given if it is neither given nor refused within 42 days of the submission of the plans for approval, or submission of further particulars (where required by ESW under sub-paragraph (1) whichever is the later; and

• (c) may be given subject to such reasonable requirements as ESW may make for the protection of its apparatus taking into account the terms of this Order.

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

101

Without limiting the scope of paragraph 100, the requirements which ESW may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified work as are reasonably necessary taking account of the terms of this Order to safeguard any apparatus against damage by reason of any specified work.

102

• (1) Subject to sub-paragraph (2), any specified work, and all protective works required by ESW under paragraph 101, must be constructed—

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

• (b) to the reasonable satisfaction of ESW,

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

• (2) The undertaker must give to ESW—

• (a) not less than 28 days’ notice in writing of its intention to commence construction of any specified work; and

• (b) notice in writing of its completion not later than seven days after the date on which it is brought into use.

103

If by reason of the construction of a specified work or of the failure of any a specified work any apparatus is damaged, the damage must be made good by the undertaker as soon as reasonably practicable to the reasonable satisfaction of ESW and, if the undertaker fails to do so, ESW may make good the damage and recover from the undertaker the expense reasonably incurred by it in doing so.

104

The undertaker must make reasonable compensation for costs, charges and expenses which ESW may reasonably incur—

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

• (b) in inspecting the construction of the specified work or any protective works required by ESW under this Part of this Schedule and

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

Removal of apparatus

105

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that ESW’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of ESW to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of ESW in accordance with sub-paragraphs (2) to (7).

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to ESW 56 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 ESW reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to ESW the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, ESW must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

• (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 ESW and the undertaker both acting reasonably with a view to securing the efficient implementation of the necessary work, the avoidance of unnecessary delay and the continued fulfilment by both parties of their service obligations, which in the case of ESW shall be to a standard no less than that achieved prior to the removal of the apparatus which the alternative apparatus replaces, or in default of agreement settled by arbitration in accordance with article 39 (arbitration).

• (5) ESW must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 39 (arbitration), and after the grant to ESW of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

• (6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to ESW that it desires itself to execute any work, or part of any work, in connection with the construction or removal of apparatus in any land controlled by the undertaker, that work, instead of being executed by ESW, may, subject to the written consent of ESW, which shall not be unreasonably withheld, and in accordance with ESW’s requirements and specifications be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of ESW.

• (7) Nothing in sub-paragraph (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.

• (8) When alternative apparatus is to be or is being substituted for existing apparatus, the undertaker shall, before taking or requiring any further step in such substitution works, use all reasonable endeavours to comply with Northumbrian Water’s reasonable requests for a reasonable period of time to enable Northumbrian Water to:

• (a) Make network contingency arrangements; or

• (b) Bring such matters as it may consider reasonably necessary to the attention of end users of the utility in question.

106

• (1) Where, in accordance with the provisions of this part of this Schedule, the undertaker affords to ESW facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and ESW or in default of agreement settled by arbitration in accordance with article 39 (arbitration).

• (2) In settling those terms and conditions in respect of alternative apparatus the arbitrator must:

• (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 for which the alternative apparatus is to be substituted and have regard to ESW’s statutory obligations.

• (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 ESW than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to ESW as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

107

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to ESW the reasonable expenses incurred by it 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 105(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 39 (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 ESW 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 105(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.

Costs

108

• (1) Subject to sub-paragraphs (2) and (4), if for any reason or in consequence of the construction maintenance or failure of any of authorised development by or on behalf of the undertaker or of any of the works referred to in this Part of this Schedule or in consequence of any act or default of the undertaker (or any person employed or authorised by it) in the course of carrying out such works, or by reason of any subsidence resulting from such development or works, 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 ESW, or there is any interruption in any service provided, or of any access to any apparatus, or in the supply of any goods, or services, by ESW or the performance of ESW’s functions, or any disruption to the normal operation of ESW’s apparatus resulting in an increase in the costs incurred by ESW in performing it’s functions or in any loss, damages or penalty or fines, or ESW becoming liable to pay any amount to any third party, the undertaker must—

• (a) bear and pay within 30 days of demand the cost reasonably incurred by ESW in making good any damage or restoring the supply or service;

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

by reason or in consequence of any such damage or interruption or disruption or ESW becoming liable to pay any third party aforesaid.

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

• (3) 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 ESW, its officers, servants, contractors or agents.

• (4) ESW 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 will not be unreasonably withheld or delayed by the undertaker and which, if the undertaker withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Other

109

Any agreement or approval of ESW required under these provisions—

• (a) must not be unreasonably withheld or delayed;

• (b) is deemed to have been given if it is neither given nor refused within 42 days of the date of submission of a request for such agreement or approval, or, in the case of a refusal, if it is not accompanied by a statement of the grounds of refusal; and

• (c) any request for agreement or approval of ESW required under these provisions must be sent to companysecretary@nwl.co.uk. or such other address as ESW may from time to time appoint instead for that purpose and notify to the undertaker in writing.

110

Any dispute arising between the undertaker and ESW under this Part of this Schedule must be referred to and settled by arbitration under article 39 (arbitration) unless otherwise agreed in writing between the undertaker and ESW.

111

If in consequence of the exercise of the powers conferred by the Order, previously unmapped mains or other apparatus are identified by the undertaker, notification of the location of such assets will immediately be given to ESW and afforded the same protection as other ESW assets.

PART 10 — FOR THE PROTECTION OF EAST OF ENGLAND AMBULANCE SERVICE TRUST

Application

112

For the protection of East of England Ambulance Service Trust as referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and East of England Ambulance Service Trust.

Site familiarisation

113

• (1) The undertaker must, prior to the date of final commissioning, use reasonable endeavours to facilitate a site familiarisation exercise in connection with the authorised development for the East of England Ambulance Service Trust for the purpose of mitigating the potential impacts or risks associated with the authorised development.

• (2) Save where otherwise agreed in writing between East of England Ambulance Service Trust and the undertaker, the undertaker must pay to East of England Ambulance Service Trust the costs and expenses reasonably and properly incurred by East of England Ambulance Service Trust in, or in connection with its attendance at the site familiarisation exercise facilitated by the undertaker pursuant to sub-paragraph (1).

Arbitration

114

Any difference or dispute arising between the undertaker and East of England Ambulance Service Trust under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and East of England Ambulance Service Trust, be determined by arbitration in accordance with article 39 (arbitration).

SCHEDULE 16 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Interpretation

1

In this Schedule—

• “requirement consultee” means any body or authority named in a requirement as a body to be consulted by the relevant planning authority in discharging that requirement; and

• “start date” means the date of the notification given by the Secretary of State under paragraph 4(2)(b).

Applications made under requirement

2

• (1) Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement the relevant planning authority must give notice to the undertaker of its decision on the application within a period of ten weeks beginning with the later of—

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

• (b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 3; or

• (c) such longer period that is agreed in writing by the undertaker and the relevant planning authority.

• (2) Subject to paragraph 4, in the event that the relevant planning authority does not determine an application within the period set out in sub-paragraph (1), the relevant planning authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period.

• (3) Any application made to the relevant planning authority pursuant to sub-paragraph (1) must:

• (a) include a statement to confirm whether it is likely that the subject matter of the application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement and if it will then it must be accompanied by information setting out what those effects are; and

• (b) include confirmation that the application has been notified and provided to the requirement consultees in accordance with sub-paragraph (5), if the provision governing or requiring the application specifies that consultation with a requirement consultee is required. Such confirmation to include contact details for the requirement consultees.

• (4) Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement included in this Order and the relevant planning authority does not determine the application within the period set out in sub-paragraph (1) and is accompanied by a report pursuant to sub-paragraph (3)(a) which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects compared to those in the environmental statement then the application is to be taken to have been refused by the relevant planning authority at the end of that period.

• (5) At the same time as submitting an application to the relevant planning authority for any consent, agreement or approval required by a requirement, the undertaker must also give notice of such application, and provide a copy of the application, to any requirement consultee, if the provision governing or requiring the application specifies that consultation with a requirement consultee is required. As part of the notification to any requirement consultee, the undertaker must include a statement that refers to:

• (a) the timeframes in which the requirement consultee can request any further information from the undertaker (via the relevant planning authority) as prescribed in paragraph 3(6)(a) and the consequences of the failure to meet those timescales as prescribed in paragraph 3(6)(b); and

• (b) the timeframes in which the requirement consultee must give notice to the relevant planning authority of its comments on the application as prescribed in paragraph 3(6)(d) and the consequences of the failure to meet those timescales as prescribed in paragraph 3(6)(e).

Further information and consultation

3

• (1) In relation to any application to which this Schedule applies, the relevant planning authority may request such reasonable further information from the undertaker as is necessary to enable it to consider the application.

• (2) In the event that the relevant planning authority considers such further information to be necessary and the provision governing or requiring the application does not specify that consultation with a requirement consultee is required, the relevant planning authority must, within 10 working days of receipt of the application, notify the undertaker in writing specifying the further information required.

• (3) If the provision governing or requiring the application specifies that consultation with a requirement consultee is required, the relevant planning authority must notify the undertaker in writing specifying any further information the relevant planning authority considers necessary or that is requested by the requirement consultee within 15 working days of receipt of the application (or such other period as is agreed in writing between the undertaker and the relevant planning authority).

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

• (5) Where further information is requested under this paragraph in relation to part only of an application, that part is to be treated as separate from the remainder of the application for the purposes of calculating time periods in paragraph 2 and paragraph 3.

• (6) If the provision governing or requiring the application specifies that consultation with a requirement consultee is required:

• (a) A requirement consultee is required to notify the relevant planning authority in writing specifying any further information it considers necessary in order to comment on the application within 10 working days of receipt of the application pursuant to paragraph 2(5);

• (b) If a requirement consultee does not give notification as specified in sub-paragraph (a) it is deemed to have sufficient information to comment on the application and is not thereafter entitled to request further information without the prior agreement of the undertaker and relevant planning authority;

• (c) At the same time as providing any further information to the relevant planning authority pursuant to a request under paragraph (2), if the undertaker has been notified of further information requested by a requirement consultee, the undertaker must also give any further information to the requirement consultee;

• (d) A requirement consultee is required to notify the relevant planning authority in writing of any comments on the application within 15 working days of receipt of the application from the undertaker pursuant to paragraph 2(5), or the receipt of any further information pursuant to sub-paragraph (c) (where further information has been requested); and

• (e) If a requirement consultee does not give notification as specified in sub-paragraph (d) it is deemed to have no comments on the application.

Appeals

4

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

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

• (b) the relevant planning authority is deemed to have refused an application pursuant to paragraph 2(4);

• (c) on receipt of a request for further information pursuant to paragraph 3 the undertaker considers that either the whole or part of the specified information requested by the relevant planning authority is not necessary for consideration of the application; or

• (d) on receipt of any further information requested, the relevant planning authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.

• (2) The steps to be followed in the appeal process are as follows—

• (a) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the relevant planning authority and any requirement consultee;

• (b) the Secretary of State must appoint a person to determine the appeal as soon as reasonably practicable and must forthwith notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the appointed person’s attention should be sent;

• (c) the relevant planning authority and any requirement consultee must submit written representations to the appointed person in respect of the appeal within 10 working days of the start date and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

• (d) the undertaker may make any counter-submissions to the appointed person within 10 working days of receipt of written representations pursuant to sub-paragraph (c);

• (e) the appointed person must make their decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable and in any event within 30 working days of the deadline for the receipt of counter-submissions pursuant to sub-paragraph (d); and

• (f) the appointment of the person pursuant to sub-paragraph (b) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

• (3) In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal they must, within five working days of the appointed person’s appointment, notify the appeal parties in writing specifying the further information required.

• (4) Any further information required pursuant to sub-paragraph (3) must be provided by the relevant party to the appointed person and the other appeal parties on the date specified by the appointed person (the “specified date”), and the appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 10 working days of the specified date, but otherwise the process and time limits set out in sub-paragraphs (c) to (e) of sub-paragraph (2) apply.

• (5) The appointed person may—

• (a) allow or dismiss the appeal; or

• (b) reverse or vary any part of the decision of the relevant planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to them in the first instance.

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

• (7) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to them that there is sufficient material to enable a decision to be made on the merits of the case.

• (8) The decision of the appointed person on an appeal is to be final and binding on the parties, unless proceedings are brought by a claim for judicial review.

• (9) If an approval is given by the appointed person pursuant to this Schedule, it is to be deemed to be an approval for the purpose of Schedule 2 (requirements) as if it had been given by the relevant planning authority. The relevant planning authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.

• (10) Save where a direction is given pursuant to sub-paragraph (11) requiring the costs of the appointed person to be paid by the relevant planning authority, the reasonable costs of the appointed person must be met by the undertaker.

• (11) On application by the relevant planning authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to advice on planning appeals and award costs published in Planning Practice Guidance: Appeals (March 2014) or any circular or guidance which may from time to time replace it.

Fees

5

• (1) Where an application is made to the relevant planning authority for written consent, agreement or approval in respect of a requirement, the fee prescribed under regulation 16(1)(b) of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012[^f00073] (as may be amended or replaced from time to time) is to apply and must be paid to the relevant planning authority for each application.

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

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

• (b) the relevant planning authority failing to determine the application within ten weeks from the relevant date in paragraph 2(1) unless—

• (i) within that period the undertaker agrees, in writing, that the fee is to be retained by the relevant planning authority and credited in respect of a future application; or

• (ii) a longer period of time for determining the application has been agreed pursuant to paragraph 2(1) of this Schedule.

Signed

Signed by authority of the Secretary of State for Energy Security and Net Zero

David Wagstaff — Deputy Director Energy Infrastructure Planning — Department for Energy Security and Net Zero — 26th June 2023

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Longfield Solar Energy Farm Limited (referred to in this Order as the undertaker) to construct, operate, maintain and decommission a ground mounted solar photovoltaic generating station with a gross electrical output capacity over 50 megawatts and associated development. The Order would permit the undertaker to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose.

A copy of the Order plans and the book of reference mentioned in the Order and certified in accordance with article 38 (certification of plans and documents, etc) of this Order may be inspected free of charge during working hours at Braintree District Council, Causeway House, Bocking End, Braintree, CM7 9HB; Chelmsford City Council, Civic Centre, Duke Street, Chelmsford, Essex, CM1 1JE and at Essex County Council, County Hall, Market Road, Chelmsford, CM1 1QH.

Footnotes

[^f00001]: 2008 c. 29. Section 37 was amended by section 137(5) of, and paragraph 5 of Schedule 13 to the Localism Act 2011 (c. 20).

[^f00002]: S.I. 2009/2264.

[^f00003]: S.I. 2010/103.

[^f00004]: As amended by paragraph 29(1) and (3) of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

[^f00005]: S.I. 2017/572.

[^f00006]: Section 105(2) was amended by paragraph 50 of Schedule 13 to the Localism Act 2011 (c. 20).

[^f00007]: As amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

[^f00008]: As amended by section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).

[^f00009]: As amended by section 140 and paragraph 60 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

[^f00010]: As amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

[^f00012]: 1961 c. 33.

[^f00013]: 1965 c. 56.

[^f00014]: 1980 c. 66.

[^f00015]: 1981 c. 66.

[^f00016]: 1984 c. 27.

[^f00017]: 1989 c. 29.

[^f00018]: 1990 c. 8.

[^f00019]: 1991 c. 22.

[^f00020]: 2008 c. 29.

[^f00021]: “highway” is defined in section 328(1). For “highway authority” see section 1.

[^f00022]: 2006 c. 46.

[^f00023]: 1981 c. 67.

[^f00024]: 2003 c. 21.

[^f00025]: “street authority” is defined in section 49, which was amended by paragraph 117 of Schedule 1 to the Infrastructure Act 2015 (c. 7).

[^f00026]: 2006 c. 46.

[^f00027]: Section 121A was inserted by paragraph 70 of Schedule 8 to the 1991 Act, and subsequently amended by section 271 of the Greater London Authority Act 1999 (c. 29); section 1(6) of, and paragraphs 70 and 95 of Schedule 1 to the Infrastructure Act 2015; and S.I. 1999/1920 and S.I. 2001/1400.

[^f00028]: 1991 c. 59. Section 23 was amended by paragraph 192(2) of Schedule 22 to the Environment Act 1995 (c. 25), paragraphs 25 and 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755.

[^f00029]: Section 32 was amended by S.I. 2013/755.

[^f00030]: Section 66 was amended by paragraphs 25 and 38 of Schedule 2 to the Flood and Water Management Act 2010 and section 86 of the Water Act 2014 (c. 21).

[^f00031]: 1991 c. 57. Paragraph 5 was amended by section 100 of the Natural Environment and Rural Communities Act 2006 (c. 16), section 84 of, and paragraph 3 of Schedule 11 to the 2009 Act and S.I. 2013/755. Paragraph 6 was amended by section 105 of, and paragraph 26 of Schedule 15 to, the Environment Act 1995, sections 224, 233 and 321 of and paragraphs 20 and 24 of Schedule 16 and Part 5(B) of Schedule 22 to the 2009 Act and S.I 2013/755. Paragraph 6A was inserted by section 103(3) of the Environment Act 1995.

[^f00032]: S.I. 2016/1154. Regulation 12 was amended by S.I. 2018/110.

[^f00033]: 2017 c. 20.

[^f00034]: Section 9 was amended by section 4 of, and paragraph 141 of, Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2013/755. There are other amendments to section 9 that are not relevant to this Order.

[^f00035]: S.I. 2010/948, amended by S.I. 2011/987; there are other amending instruments but none are relevant to this Order.

[^f00036]: 1990 c. 43.

[^f00037]: S.I. 2016/362.

[^f00038]: S.I. 2011/935.

[^f00039]: 2004 c. 18.

[^f00040]: 1991 c. 56.

[^f00041]: S.I. 2016/1154.

[^f00042]: 1991 c. 57.

[^f00043]: Section 5A to the 1981 Act was inserted by section 182(2) of the Housing and Planning Act 2016 (c. 22).

[^f00044]: 2003 c. 21.

[^f00045]: S.I. 1997/1160.

[^f00046]: 1978 c. 30.

[^f00047]: 1981 c. 67.

[^f00048]: 1836 c. cvi.

[^f00049]: 1838 c. lxxxi.

[^f00050]: 1882 c. clxvi.

[^f00051]: 1883 c. cvii.

[^f00052]: 1885 c. xciii.

[^f00053]: 1898 c. lxvi.

[^f00054]: 1923 c. xci.

[^f00055]: 1927 c. cvii.

[^f00056]: 1933 c. xlv.

[^f00057]: 1968 c. xxvi.

[^f00058]: 1969 c. xlix.

[^f00059]: 1972 c. xxxix.

[^f00060]: 1977 c. i.

[^f00061]: 1973 c. 26.

[^f00062]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

[^f00063]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00064]: Section 11B was inserted by section 187(3) of the Housing and Planning Act 2016.

[^f00065]: Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23) and paragraphs (2) and (4) of Schedule 16 to the Housing and Planning Act 2016.

[^f00066]: Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00067]: Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.

[^f00068]: 1989 c. 29.

[^f00069]: 1991 c. 56.

[^f00070]: 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).

[^f00071]: 2003 c. 21.

[^f00072]: 1989 c. 29.

[^f00073]: S.I. 2012/2920, amended by S.I. 2013/2153, S.I. 2014/357, S.I. 2014/643, S.I. 2017/1314 and S.I. 2019/1154.

Editorial notes

[^key-73918fa0f40ad4c6915af3bd62fd474d]: Art. 1 in force at 18.7.2023, see art. 1

[^key-e25865ab529c57a4b703274a774428da]: Art. 2 in force at 18.7.2023, see art. 1

[^key-cdb23f9b00a92c0a78d7e1731bc49168]: Art. 3 in force at 18.7.2023, see art. 1

[^key-349139cbda1ab9e2bc49c20cd4d214b7]: Art. 4 in force at 18.7.2023, see art. 1

[^key-7bc0df09c08662c09c29d83f5cb06e54]: Art. 5 in force at 18.7.2023, see art. 1

[^key-e1836329e158dfb94683a944b57a1603]: Art. 6 in force at 18.7.2023, see art. 1

[^key-77858ac512c65bc75620bdfc4a8932a4]: Art. 7 in force at 18.7.2023, see art. 1

[^key-51fcef28edbb32daa97a29674d89e0fd]: Art. 8 in force at 18.7.2023, see art. 1

[^key-8d8fef09864617a48a3c417cdb7f80c3]: Art. 9 in force at 18.7.2023, see art. 1

[^key-3bd03b37bf38dcdf90234352dc051847]: Art. 10 in force at 18.7.2023, see art. 1

[^key-f706d1f1cacc7d413229293bfd2b0c74]: Art. 11 in force at 18.7.2023, see art. 1

[^key-4e86ef653fca9ef28b83b1835114ba15]: Art. 12 in force at 18.7.2023, see art. 1

[^key-649d76aade3d6fb6ae5685c618f262fb]: Art. 13 in force at 18.7.2023, see art. 1

[^key-c5ea3e6c5cac4eca0eecbe09ccfb70b7]: Art. 14 in force at 18.7.2023, see art. 1

[^key-ca0fd0e2bfa63b08c43b9d48d5f112f8]: Art. 15 in force at 18.7.2023, see art. 1

[^key-e92a99622d049b8485d20da4a6bf36ac]: Art. 16 in force at 18.7.2023, see art. 1

[^key-e76351d2503a5292ca0c75b6d675de38]: Art. 17 in force at 18.7.2023, see art. 1

[^key-17c7deff8ec87bf8b829715b887ea24f]: Art. 18 in force at 18.7.2023, see art. 1

[^key-6c900a8410d12d63f079df92a83cb9cd]: Art. 19 in force at 18.7.2023, see art. 1

[^key-37a9fd53e14530221197ca9cec6112bd]: Art. 20 in force at 18.7.2023, see art. 1

[^key-ef0d967166504e65f7088f080388a00a]: Art. 21 in force at 18.7.2023, see art. 1

[^key-d06e75b1320baef5bf5df633b67c136d]: Art. 22 in force at 18.7.2023, see art. 1

[^key-29c3834c8fd488b753393a55f49dc67f]: Art. 23 in force at 18.7.2023, see art. 1

[^key-8d69638e64f3c0dd6a4d943d6c09303d]: Art. 24 in force at 18.7.2023, see art. 1

[^key-eb6b01f51cbd40d6c6d4f55b4151c2f9]: Art. 25 in force at 18.7.2023, see art. 1

[^key-7108c905de33aad097f7d7bd5892e64d]: Art. 26 in force at 18.7.2023, see art. 1

[^key-c21985a79b58d994279959049758ae74]: Art. 27 in force at 18.7.2023, see art. 1

[^key-b4601f89b1d96d68f29f63a33e4262a3]: Art. 28 in force at 18.7.2023, see art. 1

[^key-872cdcdbe74f3a43ed1d441a051864bc]: Art. 29 in force at 18.7.2023, see art. 1

[^key-592d9f91b71424abe1227fce09dbd1f9]: Art. 30 in force at 18.7.2023, see art. 1

[^key-bae46ddf35672e5293cfa72ca7d563cd]: Art. 31 in force at 18.7.2023, see art. 1

[^key-c23bb9aedc34f18ccf66439c6d312830]: Art. 32 in force at 18.7.2023, see art. 1

[^key-91d50aa875d5e47c4172de78393deae6]: Art. 33 in force at 18.7.2023, see art. 1

[^key-969ec8b901127bbb4a5b7ccdd46015ae]: Art. 34 in force at 18.7.2023, see art. 1

[^key-5feb04544c4f7f3b571b3762cd5b24c3]: Art. 35 in force at 18.7.2023, see art. 1

[^key-12dabd6c1f4e787e09bee75c9f2e8e6a]: Art. 36 in force at 18.7.2023, see art. 1

[^key-9081deb3444a13c5ffcf3ee0c1779e2d]: Art. 37 in force at 18.7.2023, see art. 1

[^key-9cf5da28a584ca9d5eda8caf58f07d1c]: Art. 38 in force at 18.7.2023, see art. 1

[^key-908507189977fb6a916720e60fa4740c]: Art. 39 in force at 18.7.2023, see art. 1

[^key-4d1648810195095c34304f5d0ecc65b0]: Art. 40 in force at 18.7.2023, see art. 1

[^key-8e099cfc3b6d8cdd90608e852e7941b0]: Art. 41 in force at 18.7.2023, see art. 1

[^key-e3cea204c5e0cb50eb30165d42daf0f0]: Art. 42 in force at 18.7.2023, see art. 1

[^key-f9d395b9350f957505cbcb0b580d9086]: Art. 43 in force at 18.7.2023, see art. 1

[^key-f9475c95186a5e8e30f22f29e5a08e55]: Art. 44 in force at 18.7.2023, see art. 1

[^key-dadeb364d1d50d100774831ae1c2d1d4]: Sch. 1 para. 1 in force at 18.7.2023, see art. 1

[^key-56257a9ba476e779e19af0d2d351996e]: Sch. 1 para. 2 in force at 18.7.2023, see art. 1

[^key-f6ca75355c2728172a6fd7ec3dd44488]: Sch. 2 para. 1 in force at 18.7.2023, see art. 1

[^key-a4aedaf1515ea7217f68ad86d94cece7]: Sch. 2 para. 2 in force at 18.7.2023, see art. 1

[^key-2ba39fcf47d92cd085406860b5e8cdd4]: Sch. 2 para. 3 in force at 18.7.2023, see art. 1

[^key-8e55dd124f73a516d3bf6accc836312b]: Sch. 2 para. 4 in force at 18.7.2023, see art. 1

[^key-97b8244373edde254b905a4878a33ef8]: Sch. 2 para. 5 in force at 18.7.2023, see art. 1

[^key-4dfe4d0db4bf16d33b6d675ef404ebbe]: Sch. 2 para. 6 in force at 18.7.2023, see art. 1

[^key-52fabc319dd93685b936def2827f0c7c]: Sch. 2 para. 7 in force at 18.7.2023, see art. 1

[^key-11d6905bcfd4a5061654bdedb4b36851]: Sch. 2 para. 8 in force at 18.7.2023, see art. 1

[^key-f30c332b65ef0ed5d1f9915f54dba08e]: Sch. 2 para. 9 in force at 18.7.2023, see art. 1

[^key-3ea7d57b7093b18bb10ed620e3dede74]: Sch. 2 para. 10 in force at 18.7.2023, see art. 1

[^key-f6b7c5735954e1dc5726cac094baa86c]: Sch. 2 para. 11 in force at 18.7.2023, see art. 1

[^key-a557a1d7bf71d9737548456e9b8f7df3]: Sch. 2 para. 12 in force at 18.7.2023, see art. 1

[^key-56f04494f8cbadbede0b0351533a3ff3]: Sch. 2 para. 13 in force at 18.7.2023, see art. 1

[^key-bb8d554da7df36776a42ce5fa39b7576]: Sch. 2 para. 14 in force at 18.7.2023, see art. 1