The A303 (Amesbury to Berwick Down) Development Consent Order 2023
- (6) Irrespective of sub-paragraph (5), if the undertaker gives notice in writing to Esso that it desires itself to execute any work, or part of any work in connection with the construction, removal or decommissioning of apparatus in the land of the undertaker or the construction of alternative apparatus, that work, instead of being executed by Esso, must be executed by the undertaker without unnecessary delay under the superintendence, if required, and to the reasonable satisfaction of Esso.
- (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 3000 millimetres of the apparatus without Esso’s consent unless that apparatus is redundant and disconnected from Esso’s remaining system and is more than 3000 millimetres from any live apparatus.
Facilities and rights for alternative apparatus
32
- (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to Esso 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 are to be granted upon such terms and conditions as may be agreed between the undertaker and Esso in accordance with this paragraph or in default of agreement settled by arbitration in accordance with article 57 (arbitration).
- (2) Alternative rights must be granted before any alternative apparatus is brought into use or any existing rights extinguished.
- (3) The undertaker must grant Esso alternative rights by way of a deed of grant of easement, substantially in the form of Esso’s precedent from time to time. If any third party is required to be involved for the grant of alternative rights, the undertaker must secure their agreement at its own cost.
- (4) Nothing in this Part of this Schedule or contained in the alternative rights requires Esso to divert or remove any alternative apparatus installed in accordance with the provisions of this Part of this Schedule and any other agreement between Esso and the undertaker.
- (5) In settling those terms and conditions for the alternative rights in respect of alternative apparatus the arbitrator must give effect to all reasonable requirements of the undertaker and Esso for ensuring the safety and efficient operation of the authorised development and the apparatus respectively.
- (6) 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 Esso 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 Esso as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.
Retained apparatus: protection
33
- (1) Unless a shorter period is otherwise agreed in writing between the undertaker and Esso, not less than 35 days before commencing any specified work in relation to apparatus the removal of which has not been required by the undertaker under sub-paragraph 31(2) the undertaker must submit to Esso a plan of the works to be executed.
- (2) The plan to be submitted to Esso under sub-paragraph (1) must include a method statement and describe—
- (a) the exact position of the works;
- (b) the level at which these are proposed to be constructed or renewed;
- (c) the manner of their construction or renewal including details of excavation, positioning of plant etc.;
- (d) the position of all apparatus;
- (e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;
- (f) any intended maintenance regime; and
- (g) and any other information reasonably required by Esso to assess the works.
- (3) The specified work must be executed only in accordance with the plan submitted under sub-paragraph (1) and approved by Esso, and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (4) by Esso for the alteration or otherwise for the protection of the apparatus, or for securing access to it; and Esso is entitled to watch and inspect the execution of the specified work and the undertaker must follow any reasonable instructions from Esso for the safety of the apparatus and those working nearby.
- (4) Any reasonable requirements made by Esso under sub-paragraph (2) must be made within a period of 21 days (unless a shorter period is otherwise agreed in writing between the undertaker and Esso) beginning with the date on which a plan under sub-paragraph (1) is submitted to it.
- (5) If Esso in accordance with sub-paragraph (2) 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, this paragraph applies as if the removal of the apparatus had been required by the undertaker under paragraph 31(2) but the undertaker is not required to serve Esso with a new notice under paragraph 31.
- (6) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time but (unless otherwise agreed in writing between the undertaker and Esso) in no case less than 28 days before commencing any specified work, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.
- (7) The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to Esso notice of the works it intends to carry out to remedy the emergency together with a plan as soon as is reasonably practicable and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.
- (8) In relation to any works which will or may be situated on, over, under or within 15metres measured in any direction of apparatus, or (wherever situated) impose any load directly upon the apparatus or involve embankment works within 15metres of the apparatus, the plan to be submitted to Esso under sub-paragraph (1) must include a material statement describing—
- (a) the exact position of the work;
- (b) the level at which the work is to be constructed or renewed;
- (c) the manner of its construction or renewal;
- (d) the position of the apparatus; and
- (e) by way of detailed drawings, every alteration proposed to be made to the apparatus.
Cathodic protection testing
34
Where in the reasonable opinion of the undertaker—
- (a) the authorised development might interfere with the existing cathodic protection forming part of any apparatus; or
- (b) any apparatus might interfere with the proposed or existing cathodic protection forming part of the authorised development,
Expenses
35
- (1) Subject to the following provisions of this paragraph, the undertaker must pay to Esso the reasonable costs and expenses incurred by Esso in, or in connection with—
- (a) the inspection, removal, alteration or protection of any apparatus;
- (b) the execution of any works required by this Part of this Schedule including the purchase, installation and commission of alternative apparatus;
- (c) the review and assessment of plans;
- (d) the watching and inspecting the execution of any specified work, any associated works and any works undertaken by third parties as a result of any specified work (including the assessment of plans); or
- (e) imposing reasonable requirements for the protection or alteration of apparatus affected by the authorised development or works as a consequence of the authorised development,
which may reasonably be required in consequence of the execution of any such works as are required under this Part of this Schedule or are authorised by the Order.
- (2) The scrap value of any apparatus removed under the provisions of this Part of this Schedule is to be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.
- (3) Upon the submission of proper and reasonable estimates of costs and expenses to be incurred by Esso, the undertaker must pay Esso sufficiently in advance to enable Esso to undertake its obligations under this Part of this Schedule in a manner that is neutral to its cashflow provided that in the event that the costs incurred by Esso are less than the amount paid by the undertaker pursuant to this sub-paragraph (3) then Esso must promptly repay any overpayment to the undertaker.
- (4) Where reasonably required by either party, in view of the complexity of any proposed works, timescales, phasing or costs, the parties must with due diligence and good faith negotiate a works agreement.
- (5) 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 situated,
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 settled by arbitration in accordance with article 57 (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 Esso by virtue of sub-paragraph (1) must be reduced by the amount of that excess save where it is not possible in the circumstances to obtain the existing type of operations, capacity, dimensions or place at the existing depth in which case full costs must be borne by the undertaker.
- (6) For the purposes of sub-paragraph (5)—
- (a) an extension of apparatus to a length greater than the length of existing apparatus must not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus;
- (b) the placing of apparatus that is to Esso’s current specification and standards for diversions and protective works must not be treated as a placing of apparatus of better type, greater capacity, greater dimensions or greater depth than those of the existing apparatus; and
- (c) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must be treated as if it also had been agreed or had been so determined.
Damage to property and other losses
36
- (1) Subject to the following provisions of this paragraph, the undertaker must make reasonable compensation to Esso—
- (a) for all loss, damage, liability, costs and expenses reasonably suffered or incurred by Esso for which Esso is legally liable as a result of legally sustainable claims brought against Esso by any third party solely arising out of the carrying out of any relevant works;
- (b) for the cost reasonably incurred by Esso in making good any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) arising from or caused by the carrying out of any relevant works and the authorised development; and
- (c) for the cost reasonably incurred by Esso in stopping, suspending and restoring the supply through its pipe-line and make reasonable compensation to Esso for any other expenses, losses, damages, penalty or costs incurred by Esso by reason or in consequence of any such damage or interruption provided that the same arises in consequence of the carrying out of any relevant works and the authorised development.
- (2) The fact that any act or thing may have been done by Esso on behalf of the undertaker or in accordance with a plan approved by Esso or in accordance with any requirement of Esso or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1).
- (3) Irrespective of anything to the contrary elsewhere in this Part of this Schedule—
- (a) the undertaker and Esso must at all times take reasonable steps to prevent and mitigate any loss, damage, liability, claim, cost or expense recoverable from the other under this Part of this Schedule; and
- (b) neither the undertaker nor Esso are liable for any loss, damage, liability, claim, cost or expense suffered or incurred by the other to the extent that the same are incurred as a result of or in connection with the sole, partial or complete breach of this Part of this Schedule or negligence arising out of an act, omission, default or works of the other, its officers, servants, contractors or agents.
- (4) Esso must give to the undertaker reasonable notice of any claim or demand to which this paragraph 36 applies. If Esso agrees (such agreement not to be unreasonably withheld or delayed), the undertaker may at its own expense conduct all negotiations for the settlement of the same and any litigation that may arise therefrom. Esso must not compromise or settle any claim or demand or make any admission which might be prejudicial to the claim or demand without the undertaker’s consent (such consent not to be unreasonably withheld). Esso must, at the request of the undertaker, afford all reasonable assistance for the purpose of contesting any such claim or action, and is entitled to be repaid all reasonable expenses incurred in so doing.
- (5) Nothing in this Part of this Schedule excludes or limits the liability of the undertaker for death or personal injury resulting from the negligence of the undertaker or any of its officers, employees or agents.
- (6) In this paragraph “relevant works” means such of the authorised development as—
- (a) does, will or is likely to affect any apparatus; or
- (b) involves a physical connection or attachment to any apparatus.
Co-operation and reasonableness
37
- (1) Where in consequence of the proposed construction of any of the authorised development, the undertaker requires the removal of apparatus under this Part of this Schedule or Esso makes requirements for the protection or alteration of apparatus under this Part of this Schedule, the undertaker must use reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of Esso’s undertaking and Esso must use its reasonable endeavours to co-operate with the undertaker for that purpose.
- (2) The undertaker and Esso must act reasonably in respect of any given term of this Part of this Schedule and, in particular, (without prejudice to generality) where any consent or expression of satisfaction is required by this Part of this Schedule it must not be unreasonably withheld or delayed.
Miscellaneous
38
Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and Esso in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made provided that the terms of the relevant enactment or agreement are not inconsistent with the provisions of this Order, including this Part of this Schedule. In the case of any inconsistency, the provisions of this Order, including this Part of this Schedule, prevail.
PART 5 — FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
39
- (1) The following provisions apply for the protection of the Agency unless otherwise agreed in writing between the undertaker and the Agency.
- (2) In this Part of this Schedule—
- “the Agency” means the Environment Agency;
- “construction” includes execution, placing, altering, replacing, relaying and removal and excavation and “construct and “constructed” must be construed accordingly;
- “drainage work” means any main river and includes any land which provides or is expected to provide flood storage capacity for any main river and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence;
- “fishery” means any waters containing fish and fish in, or migrating to or from, such waters and the spawn, spawning ground, habitat or food of such fish;
- “main river” means all watercourses shown as such on the statutory main river maps held by the Agency and the Department for Environment Food and Rural Affairs including any structure or appliance for controlling or regulating the flow of water in or out of such watercourses;
- “plans” includes sections, drawings, specifications, calculations and method statements;
- “specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 8 metres of a drainage work or is otherwise likely to— affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work; affect the flow, purity or quality of water in any watercourse or other surface waters or ground water; cause obstruction to the free passage of fish or damage to any fishery; affect the conservation, distribution or use of water resources; or affect the conservation value of the main river and habitats in its immediate vicinity.
40
- (1) Before commencing construction of any specified work, the undertaker must submit to the Agency plans of the specified work and such further particulars available to it as the Agency may within 14 days of the receipt of the plans reasonably request.
- (2) Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 49.
- (3) Any approval of the Agency required under this paragraph—
- (a) must not be unreasonably withheld or delayed;
- (b) in the case of a refusal must be accompanied by a statement of grounds of refusal;
- (c) is deemed to have been refused if it is neither given nor refused within 2 months of the submission of the plans or receipt of further particulars if such particulars have been requested by the Agency for approval; and
- (d) may be given subject to such reasonable requirements as the Agency may have for the protection of any drainage work or the fishery or for the protection of water resources, or for the prevention of flooding or pollution or in the discharge of its environmental duties.
- (4) The Agency must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3)(c).
41
Without limiting paragraph 40, the requirements which the Agency may have under that paragraph include conditions requiring the undertaker, at its own expense, to construct such protective works, whether temporary or permanent, before or during the construction of the specified works (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—
- (a) to safeguard any drainage work against damage; or
- (b) to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased,
by reason of any specified work.
42
- (1) Subject to sub-paragraph (2), any specified work, and all protective works required by the Agency under paragraph 41, must be constructed—
- (a) without unreasonable delay in accordance with the plans approved under this Part of this Schedule; and
- (b) to the reasonable satisfaction of the Agency,
and the Agency is entitled by its officer to watch and inspect the construction of such works.
- (2) The undertaker must give to the Agency—
- (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 7 days after the date on which it is completed.
- (3) If the Agency reasonably requires, the undertaker must construct all or part of the protective works so that they are in place prior to the construction of the specified work to which the protective works relate.
- (4) If any part of a specified work or any protective work required by the Agency is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the Agency may by notice in writing require the undertaker at the undertaker’s own expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.
- (5) Subject to sub-paragraph (6) and paragraph 47, if, within a reasonable period, being not less than 28 days beginning with the date when a notice under sub-paragraph (4) is served upon the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any reasonable expenditure incurred by the Agency in so doing is recoverable from the undertaker.
- (6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency must not, except in the case of an emergency, exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined in accordance with paragraph 49.
43
- (1) Subject to sub-paragraph (5) the undertaker must from the commencement of the construction of the specified works maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation and on land held by the undertaker for the purposes of or in connection with the specified works, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.
- (2) If any such drainage work which the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the undertaker to repair and restore the drainage work, or any part of such drainage work, or (if the undertaker so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed), to remove the specified work and restore the site to its former condition, to such extent and within such limits as the Agency reasonably requires.
- (3) Subject to sub-paragraph (4) and paragraph 47, if, within a reasonable period, being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the Agency may do what is reasonably necessary for such compliance and any reasonable expenditure incurred by the Agency in so doing is recoverable from the undertaker.
- (4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the Agency must not, except in the case of an emergency, exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined in accordance with paragraph 49.
- (5) This paragraph does not apply to—
- (a) drainage works which are vested in the Agency, or which the Agency or another person is liable to maintain and is not proscribed by the powers of the Order from doing so; or
- (b) any obstruction of a drainage work for the purpose of a work or operation authorised by this Order and carried out in accordance with the provisions of this Part of this Schedule provided that any obstruction is removed as soon as reasonably practicable.
44
Subject to paragraphs 47 and 43(5)(b), if by reason of the construction of any specified work or of the failure of any such work, the efficiency of any drainage work for flood defence purposes is impaired, or that drainage work is otherwise damaged, such impairment or damage must be made good by the undertaker to the reasonable satisfaction of the Agency and if the undertaker fails to do so, the Agency may make good the impairment or damage and recover any expenditure incurred by the Agency in so doing from the undertaker.
45
If by reason of construction of the specified work the Agency’s access to flood defences or equipment maintained for flood defence purposes is materially obstructed, the undertaker must provide such alternative means of access that will allow the Agency to maintain the flood defence or use the equipment no less effectively than was possible before the obstruction within 24 hours of the undertaker becoming aware of such obstruction.
46
- (1) The undertaker must take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in the fishery during the construction of any specified work.
- (2) If by reason of—
- (a) the construction of any specified work; or
- (b) the failure of any such work,
damage to the fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency may serve notice on the undertaker requiring it to take such steps as may be reasonably practicable to make good the damage, or, as the case may be, to protect the fishery against such damage.
- (3) Subject to paragraph 47, if within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Agency of any damage or expected damage to a fishery, the undertaker fails to take such steps as are described in sub-paragraph (2), the Agency may take those steps and any reasonable expenditure reasonably incurred by the Agency in so doing is recoverable from the undertaker.
- (4) Subject to paragraph 47, in any case where immediate action by the Agency is reasonably required in order to secure that the risk of damage to the fishery is avoided or reduced, the Agency may take such steps as are reasonable for the purpose, and may recover from the undertaker any reasonable expenditure incurred in so doing provided that notice specifying those steps is served on the undertaker as soon as reasonably practicable after the Agency has taken, or commenced to take, the steps specified in the notice.
47
The undertaker must make reasonable compensation for costs, charges and expenses which the Agency may reasonably incur—
- (a) in the examination or approval of plans under this Part of this Schedule;
- (b) in the inspection of the construction of the specified works or any protective works required by the Agency under this Part of this Schedule; and
- (c) in the carrying out of any surveys or tests by the Agency which are reasonably required in connection with the construction of the specified works.
48
- (1) The undertaker must make reasonable compensation for costs and losses which may be reasonably incurred or suffered by the Agency by reason of—
- (a) the construction of any specified work comprised within the authorised works; or
- (b) any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged upon the construction of the authorised works.
- (2) In sub-paragraph (1)—
- “costs” includes— expenses and charges; staff costs and overheads; and legal costs; and
- “losses” includes physical damage.
- (3) The undertaker must make reasonable compensation for liabilities, claims and demands against the Agency arising out of or in connection with the authorised works or otherwise out of the matters referred to in sub-paragraphs (1)(a) and (1)(b).
- (4) In sub-paragraph (3)—
- “claims” and “demands” include as applicable— costs (within the meaning of sub-paragraph (2)) incurred in connection with any claim or demand; and any interest element of sums claimed or demanded; and
- “liabilities” includes— contractual liabilities; tortious liabilities (including liabilities for negligence or nuisance); liabilities to pay statutory compensation or for breach of statutory duty; and liabilities to pay statutory penalties imposed on the basis of strict liability (but does not include liabilities to pay other statutory penalties).
- (5) The Agency must give to the undertaker notice of any such claim or demand.
- (6) The undertaker may at its own expense conduct all negotiations for the settlement of the same and any litigation that may arise therefrom.
- (7) The Agency 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.
- (8) The Agency must, at all times take reasonable steps to prevent and mitigate any such claims, demands, proceedings, costs, damages, expenses or loss.
- (9) The Agency must, at the request of the undertaker, 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.
- (10) The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved by the Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under the provisions of this Part of this Schedule.
49
Any dispute arising between the undertaker and the Agency under this Part of this Schedule, if the parties agree, may be determined by arbitration under article 57 (arbitration), but must otherwise be determined by the Secretary of State for Environment, Food and Rural Affairs or its successor and the Secretary of State for Transport or its successor acting jointly on a reference to them by the undertaker or the Agency, after notice in writing by one to the other.
SCHEDULE 12 — DOCUMENTS TO BE CERTIFIED
| (1) Document | (2) Description |
|---|---|
| book of reference | The book of reference contained in document reference 4.3 (3) Book of Reference |
| classification of roads plan | The classification of roads plan contained in document reference 2.13 (1) Classification of Roads Plan |
| Crown land plans | The Crown land plans contained in document reference 2.4 Crown land plans |
| detailed archaeological mitigation strategy | The detailed archaeological mitigation strategy contained in document reference 8.11 (7) Detailed Archaeological Mitigation Strategy (DAMS) – Revised response to Department for Transport request further information dated 4th May 2020 |
| de-trunking plans | The de-trunking plans contained in document reference 2.12 (1) De-trunking Plans |
| engineering section drawings (cross sections) | The engineering section drawings (cross sections) contained in document reference 2.8 Engineering Section Drawings (Cross Sections) |
| engineering section drawings (plan and profiles) | The engineering section drawings (plan and profiles) contained in document reference 2.7 Engineering Section Drawings (Plan and Profiles) |
| environmental statement | The environmental statement, figures and appendices contained in document references 6.1 Environmental Statement, 6.2 Environmental Statement Figures, 6.3 Environmental Statement Appendices and 6.4 Environmental Statement Non-Technical Summary, subject to the following substitutions and corrections— |
| 6.1 Environmental Statement, each of the following chapters are to be read as incorporating the corresponding corrections contained in the document reference 8.45 Errata Report, in relation to that chapter— Chapter 5: Air Quality; Chapter 7: Landscape and visual; Chapter 10: Geology and Soils; and Chapter 13: People and communities. | |
| 6.2 Environmental Statement Figures— Environmental Masterplan Figures 2.5A to 2.5S are to be substituted with Environmental Masterplan Figures 2.5A to 2.5S Revision 2; Figure 13.2 Existing NMU Routes is to be substituted with the Figure 13.2 Existing Public Rights of Way contained in Appendix A of document reference 8.45 Errata Report; and Figures 13.3A and 13.3B Proposed NMU Routes is to be substituted with Figures 13.3A and 13.3B Proposed NMU Routes (Revision 3). | |
| 6.3 Environmental Statement Appendices— Each of the following appendices are to be read as incorporating the corresponding corrections and substitutions contained in document reference 8.45 Errata Report in relation to that appendix— Appendix 6.1 Heritage Impact Assessment; Appendix 6.3 Archaeological Gazetteer; Appendix 6.9 Cultural Heritage Setting Assessment; Appendix 7.10 Arboricultural Impact Assessment; Appendix 8.25 Habitats Regulation Assessment (HRA): Statement to Inform Appropriate Assessment; Appendix 11.2 Water Framework Directive Compliance Assessment; and Appendix 11.4 Groundwater Risk Assessment; Appendix 8.7B Aquatic macrophyte survey River Till is to be substituted with the Appendix 8.7B Aquatic macrophyte survey River Till – Corrected Version – August 2019, contained in Appendix B of the document reference 8.45 Errata Report; Appendix 8.9A Aquatic macro-invertebrate survey River Avon is to be substituted with the Appendix 8.9A Aquatic macro-invertebrate survey River Avon Corrected Version – August 2019, contained in Appendix B of the document reference 8.45 Errata Report; Appendix 11.3 Road Drainage Strategy is to be substituted with Appendix 11.3(1) 6.3 Environmental Statement Appendices Appendix 11.3: Road Drainage Strategy; and Appendix 11.5 Level 3 Flood Risk Assessment is to be substituted with Appendix 11.5 (1) Level 3 Flood Risk Assessment which is to be read as incorporating the corrections contained in document reference 8.45 Errata Report in relation to that appendix. | |
| land plans | The land plans contained in document reference 2.2 Land Plans |
| outline environmental management plan | The outline environmental management plan contained in document reference 6.3(8) Final Outline Environmental Management Plan - Revised response to Department for Transport request for further information, May 2020 |
| rights of way and access plans | The rights of way and access plans contained in document reference 2.6 (1) Rights of Way and Access Plans |
| special category land plans | The special category land plans contained in document reference 2.3 Special Category Land Plans |
| stone curlew breeding plot specification | The stone curlew breeding plot specification contained in document reference 8.58 – Stone curlew breeding plot specification |
| traffic regulation measures plans (clearways and prohibitions) | The traffic regulation measures plans (clearways and prohibitions) contained in document reference 2.11 Traffic Regulation Measures Plans (Clearways and Prohibitions) |
| traffic regulation measures plans (speed limits) | The traffic regulation measures plans (speed limits) contained in document reference 2.10 Traffic Regulation Measures Plans (Speed Limits) |
| tunnel area plan | The tunnel area plan contained in document reference 2.15 Tunnel Area Plan |
| tunnel limits of deviation plan | The tunnel limits of deviation plan contained in document reference 2.16 Bored Tunnel Limits of Deviation Plan |
| works plans | The works plans contained in document reference 2.5 Works Plans |
Signed
Signed by the authority of the Secretary of State for Transport
Martin Gilmour — Deputy Director, Planning, Transport and Housing Division — Department for Transport — 14th July 2023
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order authorises Highways England Company Limited to construct, operate and maintain the A303 (Amesbury to Berwick Down). This is a new road tunnel linking Amesbury to Berwick Down in Wiltshire and associated works.
The Order would permit Highways England to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose.
A copy of all documents mentioned in this Order and certified in accordance with article 55 (certification of plans, etc.) of this Order may be inspected free of charge during working hours at Highways England, Bridge House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ.
Footnotes
[^f00001]: 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).
[^f00002]: S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572, S.I. 2018/378 and S.I. 2019/734.
[^f00003]: S.I. 2010/103, amended by S.I. 2012/635.
[^f00004]: 1961 c. 33.
[^f00005]: 1965 c. 56.
[^f00006]: 1980 c .66.
[^f00007]: 1981 c. 66.
[^f00008]: 1984 c. 27.
[^f00009]: 1990 c. 8.
[^f00010]: 1991 c. 22.
[^f00011]: 2008 c. 29.
[^f00012]: Section 69 was amended by section 240(2) of, and paragraph 16 of Schedule 13 to the Localism Act 2011 (c. 20).
[^f00013]: 2004 c. 21. Section 44 was amended by section 6 of the Emergency Workers (Obstruction) Act 2006 (c. 39).
[^f00014]: 2002 c. 30. Section 41 was amended by section 52 of, and paragraph 42 of Schedule 14 to, the Police and Justice Act 2006 (c. 48).
[^f00015]: 1981 c. 69.
[^f00016]: Section 56(4) was amended by section 32 of, and paragraph 10(2) of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34).
[^f00017]: The Convention was adopted by the General Conference at its seventeenth session, Paris, 16 November 1972.
[^f00018]: 1988 c. 52.
[^f00019]: 2003 c. 21. Section 32(1) was amended by S.I. 2011/1210.
[^f00020]: S.I. 2016/1154.
[^f00021]: 1983 c. 47.
[^f00022]: 1981 c. 67. The definition of “owner” was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1992 (c. 34). There are other amendments to section 7 which are not relevant to this Order.
[^f00023]: 2000 c. 37.
[^f00024]: Section 16 was amended by section 36 of, and paragraph 24 of Schedule 2 to the 2008 Act and section 57(1) of, and paragraph 13(2) to (4) of Schedule 1 to, the Infrastructure Act 2015 (c. 7).
[^f00025]: Section 48 was amended by section 124(1) and (2) of the Local Transport Act 2008 (c. 26).
[^f00026]: Section 121A was inserted by section 168(1) of, and paragraph 70 of Schedule 8 to, the 1991 Act. It was amended by section 1(6) of, and paragraphs 70 and 95(2) and (3) of Schedule 1 to, the Infrastructure Act 2015 (c. 7). There are other amendments which are not relevant to this Order.
[^f00027]: 2004 c. 18.
[^f00028]: Section 10 was amended by section 22(2) of the 1991 Act, by section 36 of, and paragraph 22 of Schedule 2 to, the 2008 Act and by section 1(6) of, and paragraph 10 of Schedule 1 to, the Infrastructure Act 2015 (c. 7).
[^f00029]: Section 19(1) was amended by section 1(6) of, and paragraph 15 of Schedule 1 to, the Infrastructure Act 2015.
[^f00030]: 1981 c. 69. Section 28E was inserted by section 75(1) of, and paragraph 1 of Schedule 9 to, the Countryside and Rights of Way Act 2000 (c. 37). It was amended by section 105(1) of, and paragraph 79 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16). There are other amendments which are not relevant to this Order.
[^f00031]: 1991 c. 59. Section 23 was amended by section 120 of, and paragraphs 192(1) and (2) of Schedule 22 to, the Environment Act 1995 (c. 25) and by section 31 of, and paragraph 32 of Schedule 2 to, the Flood and Water Management Act 2010 (c.29). There are other amendments to section 23 which are not relevant to this Order.
[^f00032]: Section 66 was amended by section 31 of, and paragraph 38 of Schedule 2 to, the Flood and Water Management Act 2010 and section 86(3) of the Water Act 2014 (c. 21).
[^f00033]: 1991 c. 57. Paragraph 5 was amended by section 100 of the Natural Environment and Rural Communities Act 2006 (c. 16), section 84(2) of, and paragraph 3 of Schedule 11 to, the Marine and Coastal Access Act 2009 (c. 23), paragraph 49 of Schedule 2 to the Flood and Water Management Act 2010 and S.I. 2013/755. Paragraph 6 was amended by paragraph 26 of Schedule 15 to the Environment Act 1995 and section 224 of, and paragraph 24 of Schedule 16 and Part 5 of Schedule 22 to, the Marine and Coastal Access Act 2009. Paragraph 6A was inserted by section 103(3) of the Environment Act 1995.
[^f00034]: S.I. 2016/1154, amended by S.I. 2018/110.
[^f00035]: 2017 c. 20.
[^f00036]: S.I. 2010/948. amended by S.I. 2011/987.
[^f00037]: S.I. 2015/596.
[^f00038]: Section 64 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(2) of, and Schedule 9 to, the 1991 Act.
[^f00039]: Section 184 was amended by sections 35, 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48); by section 4 of, and paragraph 45 of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11); and section 168 of, and paragraph 9 of Schedule 8 and Schedule 9 to, the 1991 Act.
[^f00040]: Section 56 was amended by sections 40 and 43 of, and Schedule 1 to, the Traffic Management Act 2004 (c.18).
[^f00041]: Section 56A was inserted by section 44 of the Traffic Management Act 2004.
[^f00042]: Section 58 was amended by sections 40 and 51 of, and Schedule 1 to, the Traffic Management Act 2004.
[^f00043]: Section 58A was inserted by section 52 of the Traffic Management Act 2004.
[^f00044]: Section 73A was inserted by section 55 of the Traffic Management Act 2004.
[^f00045]: Section 73B was inserted by section 55 of the Traffic Management Act 2004.
[^f00046]: Section 73C was inserted by section 55 of the Traffic Management Act 2004.
[^f00047]: Section 78A was inserted by section 57 of the Traffic Management Act 2004.
[^f00048]: Schedule 3A was inserted by section 52(2) of, and Schedule 4 to, the Traffic Management Act 2004.
[^f00049]: Sections 54, 55, 57, 60, 68 and 69 were amended by section 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004.
[^f00050]: Section 54 was amended by section 49(1) of the Traffic Management Act 2004.
[^f00051]: Section 55 was amended by section 49(2) and 51(9) of the Traffic Management Act 2004.
[^f00052]: Section 57 was amended by section 52(3) of the Traffic Management Act 2004.
[^f00053]: Section 59 was amended by section 42 of the Traffic Management Act 2004.
[^f00054]: Section 265 was amended by section 146 of, and paragraph 45 of Schedule 3 to, the 1984 Act and section 57 of and paragraph 52 of Schedule 1 to, the Infrastructure Act 2015 (c. 7).
[^f00055]: 1991 c. 56. Section 106 was amended by section 35(1) and (8) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99 of the Water Act 2003 (c. 37) and section 32 of, and paragraph 16(1) of Schedule 3 to, the Flood and Water Management Act 2010 (c. 29).
[^f00056]: S.I. 2016/1154, amended by S.I. 2018/110.
[^f00057]: 1991 c. 57.
[^f00058]: Section 152 was amended by S.I. 2009/1307.
[^f00059]: Section 13 was amended by sections 62(3) and 139(4) to (9) 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).
[^f00060]: Section 125 was amended by section 190 of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22).
[^f00061]: 1857 c. 81. Section 25 was substituted by section 2 of the Church of England (Miscellaneous Provisions) Measure 2014 (No. 1).
[^f00062]: S.I. 1950/792.
[^f00063]: S.I. 1997/1160.
[^f00064]: 1991 c. 59. The definition was substituted by section 100(2) of the Environment Act 1995 (c. 25).
[^f00065]: 1981 c. 67.
[^f00066]: Section 8 was amended by paragraphs 1 and 2 of Schedule 17 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.
[^f00067]: Schedule 2A was inserted by paragraphs 1 and 3 of Schedule 17 to the Housing and Planning Act 2016.
[^f00068]: Section 11(1) was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), and sections 186(1) and (2), 187 and 188 of the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.
[^f00069]: Section 152 was amended by S.I. 2009/1307.
[^f00070]: Section 138 was amended by section 23(1) and (4) of the Growth and Infrastructure Act 2013 (c. 27) and S.I. 2017/1285.
[^f00071]: Section 125 was amended by section 190 of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016 (c.22).
[^f00072]: Section 4A was inserted by section 202(1) of the Housing and Planning Act 2016 (c.22).
[^f00073]: Section 118 was amended by paragraphs 1 and 59 of Schedule 13, and Part 20 of Schedule 25 to, the Localism Act 2011 (c.20) and section 92(4) of the Criminal Justice and Courts Act 2015 (c. 2).
[^f00074]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.
[^f00075]: Schedule 2A was inserted by section 199(1) of, and paragraphs 1 and 3 of Schedule 17 to, the Housing and Planning Act 2016.
[^f00076]: Section 5 was amended by section 183 of, and paragraphs 4 and 6 of Schedule 15 to, the Housing and Planning Act 2016.
[^f00077]: Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016.
[^f00078]: Section 5B was inserted by section 202(2) of the Housing and Planning Act 2016.
[^f00079]: Section 118 was amended by paragraphs 1 and 59 of Schedule 13, and Part 20 of Schedule 25, to the Localism Act 2011 (c.20) and section 92(4) of the Criminal Justice and Courts Act 2015 (c. 2).
[^f00080]: Section 6 was amended by section 4 of, and paragraph 52(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15 to the Housing and Planning Act 2016.
[^f00081]: Section 134 was amended by section 142 of, and Part 21 of Schedule 25 to, the Localism Act 2011 (c. 20) and S.I. 2017/16.
[^f00082]: Section 7 was substituted by paragraphs 1 and 3 of Schedule 18 to the Housing and Planning Act 2016.
[^f00083]: Schedule A1 was inserted by paragraphs 1 and 6 of Part 1 of Schedule 18 to the Housing and Planning Act 2016.
[^f00084]: Subsection (4A) of section 153 was inserted by section 200(1) and (2) of the Housing and Planning Act 2016.
[^f00085]: 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.
[^f00086]: Section 4 was amended by section 184 and 185 of, and paragraphs 1 and 2 of Schedule 18 to, the Housing and Planning Act 2016.
[^f00087]: Section 13 was amended by sections 62(3) and 139 of, and paragraph 27 and 28 of Schedule 13, and Part 3 of Schedule 23, to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).
[^f00088]: 2003 c. 21.
[^f00089]: 1994 c. 22.
[^f00090]: 1978 c. 3. Section 2(1) was amended by section 46 of the Criminal Justice Act 1982 (c. 48).
[^f00091]: S.I. 2008/2095, as amended by S.I. 2008/3013.
[^f00092]: S.I. 2009/1348, regulation 32 was substituted by S.I. 2014/469 and subsequently amended by S.I. 2015/1682.
[^f00093]: 1972 c. 70. Section 236 was amended by section 84 of, and paragraph 31(1) of Schedule 14 to, the Local Government Act 1985 (c. 51), paragraph 34 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009 (c.20), and section 129(2) of the Local Government and Public Involvement in Health Act 2007 (c. 28). There are other amendments to section 236 which are not relevant to this Order.
[^f00094]: S.I. 2016/165.
[^f00095]: Section 10(2) was amended by section 22(2)(a) of the 1991 Act and by section 1(6) of, and paragraphs 1 and 10(1) and (2) of Schedule 1 to, the Infrastructure Act 2015 (c. 7).
[^f00096]: 2003 c. 21. Schedule 3A was inserted by section 4(2) of, and Schedule 1 to, the Digital Economy Act 2017 (c. 30).
[^f00097]: 1991 c. 56.
[^f00098]: 2000 c. 26.
[^f00099]: 2004 c. 18.
[^f00100]: S.I. 2011/935.
[^f00101]: Section 32 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(1) of, and paragraph 39 of Schedule 8 to, the 1991 Act.
[^f00102]: 2004 c. 18.
[^f00103]: S.I. 2016/362.
[^f00104]: 1990 c. 43. There are amendments to section 82(1) which are not relevant to this Order.
[^f00105]: Section 82(2) was amended by section 5(2) of the Noise and Statutory Nuisance Act 1993 (c. 40). There are other amendments to section 82(2) that are not relevant to this Order.
[^f00106]: 1974 c. 40. Sections 61(9) was amended by section 162 of, and paragraph 15 of Schedule 3 to, the Environmental Protection Act 1990 (c. 43). There are other amendments to section 61 which are not relevant to this Order.
[^f00107]: 1978 c. 30.
[^f00108]: Section 78A was inserted by section 57 of the Environment Act 1995 (c. 25) and amended by section 86(2) of the Water Act 2003 (c. 37).
[^f00109]: S.I. 2017/1012.
[^f00110]: 1981 c. 69.
[^f00111]: 1971 c. 80.
[^f00112]: 1973 c. 26.
[^f00113]: 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.
[^f00114]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.
[^f00115]: Section 11B was inserted by section 187(3) of the Housing and Planning Act 2016.
[^f00116]: 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.
[^f00117]: 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).
[^f00118]: Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.
[^f00119]: 2004 c. 21. Section 44 was amended by section 6 of the Emergency Workers (Obstruction) Act 2006 (c. 39).
[^f00120]: 2002 c .30. Section 41 was amended by section 52 of, and paragraph 42 of Schedule 14 to, the Police and Justice Act 2006 (c. 48).
[^f00121]: 2004 c. 18.
[^f00122]: 1978 c. 30.
[^f00123]: 1989 c. 29. The definition of “electrical plant” (in section 64) was amended by paragraphs 24 and 38(1) and (3) of Schedule 6 to the Utilities Act 2000 (c. 27).
[^f00124]: 1991 c. 56. Section 51A was inserted by section 92(1) of the Water Act 2003 (c. 37) and amended by section 10(1) and (2) of the Water Act 2014 (c. 21).
[^f00125]: Section 102(4) was amended by section 96(1)(c) of the Water Act 2003 and paragraph 90 of Schedule 7 to the Water Act 2014.
[^f00126]: Section 104 was amended by sections 96(4) and 101(2) of, and Part 3 of Schedule 9 to, the Water Act 2003, by section 42(3) of the Flood and Water Management Act 2010 (c. 29) and by section 11(1) and (2) of, and paragraphs 2 and 91 of Schedule 7 to, the Water Act 2014.
[^f00127]: 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).
[^f00128]: 2003 c. 21.
[^f00129]: See section 106 was amended by section 4(3) to (9) of the Digital Economy Act 2017 (c. 30).
[^f00130]: The electronic communications code was inserted by Schedule 1 to the Digital Economy Act 2017.
[^f00131]: 1991 c. 59. Section 23 was amended by paragraph 192 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.
Editorial notes
[^key-c5f6b5e5a9ad730486e89261921b1a81]: Art. 1 in force at 4.8.2023, see art. 1
[^key-de50e6d7a846c074795db26ff7f16315]: Art. 2 in force at 4.8.2023, see art. 1
[^key-11ea12476fbd1ed3ee24e842a87fb658]: Art. 3 in force at 4.8.2023, see art. 1
[^key-3b5ee2fca707a85ea9b43aae4c1c8e75]: Art. 4 in force at 4.8.2023, see art. 1
[^key-d9fb475f77715bb74806b4eb9bc62fdc]: Art. 5 in force at 4.8.2023, see art. 1
[^key-0540afab9a48dc8be306442002e75087]: Art. 6 in force at 4.8.2023, see art. 1
[^key-6ecd76e62eeed005510c14319f8442c8]: Art. 7 in force at 4.8.2023, see art. 1
[^key-e0641af574cf65caee4a7b1868a4a6fe]: Art. 8 in force at 4.8.2023, see art. 1
[^key-2209ca635a81e38dbeffd0e8d92548de]: Art. 9 in force at 4.8.2023, see art. 1
[^key-145f7d71402e2281bd58420f2f85f444]: Art. 10 in force at 4.8.2023, see art. 1
[^key-c37f64e88b13c5ab80baf3edd87ae5cd]: Art. 11 in force at 4.8.2023, see art. 1
[^key-0b665deb017e8ab3b68c0133603bcccc]: Art. 12 in force at 4.8.2023, see art. 1
[^key-9eb32034f016474ce239dd17d927cee3]: Art. 13 in force at 4.8.2023, see art. 1
[^key-a5ac80d48860a9295329b1fc6eac0b9f]: Art. 14 in force at 4.8.2023, see art. 1
[^key-8107ea7d115d87208a4f011d5c2a5c7e]: Art. 15 in force at 4.8.2023, see art. 1
[^key-3aea3cee1cc5a8bba4e2440fe734d709]: Art. 16 in force at 4.8.2023, see art. 1
[^key-0b7ea5d226e3fcd29366c99642119e36]: Art. 17 in force at 4.8.2023, see art. 1
[^key-308241b911ba6362b8a9141676b3dab8]: Art. 18 in force at 4.8.2023, see art. 1
[^key-89afecfe30faa9d146640726e0d6d97f]: Art. 19 in force at 4.8.2023, see art. 1
[^key-9bce075524d7e85dc91abd104b1efa22]: Art. 20 in force at 4.8.2023, see art. 1
[^key-ca105eedf55e2a683dd353c410e814d2]: Art. 21 in force at 4.8.2023, see art. 1
[^key-af3213aae3f9f00c9447687d63330825]: Art. 22 in force at 4.8.2023, see art. 1
[^key-a8d8b966ae01b0109aead94395e2c9fa]: Art. 23 in force at 4.8.2023, see art. 1
[^key-88989d0f7fa5c0978707eb5ea2ac0b7f]: Art. 24 in force at 4.8.2023, see art. 1
[^key-58031a2610d8727f889e77add12a4475]: Art. 25 in force at 4.8.2023, see art. 1
[^key-12c410e85bb01096cd13f550e8ff1978]: Art. 26 in force at 4.8.2023, see art. 1
[^key-c82cf1059e6322ee2c2b8e4abae056f7]: Art. 27 in force at 4.8.2023, see art. 1
[^key-a15f50769965cc0793cbece7a701c994]: Art. 28 in force at 4.8.2023, see art. 1
[^key-2b16a9985725bb1c62193204b2c44aa9]: Art. 29 in force at 4.8.2023, see art. 1
[^key-6b4f9c8d82b34d0e272d258b60cb86e2]: Art. 30 in force at 4.8.2023, see art. 1
[^key-5a56b242d6ab4d395ec6bcaf28080a5c]: Art. 31 in force at 4.8.2023, see art. 1
[^key-eaaa80f4336f8162e08438a0a3ff9d78]: Art. 32 in force at 4.8.2023, see art. 1
[^key-244ed156ead4d257c81463dd9a76bf1b]: Art. 33 in force at 4.8.2023, see art. 1
[^key-09f2f9b018415adf3c5671c8407a9c45]: Art. 34 in force at 4.8.2023, see art. 1
[^key-42616a708297a45361e3244212f07a3b]: Art. 35 in force at 4.8.2023, see art. 1
[^key-ee173d1dfa3dcb5cad2ec97a048e6632]: Art. 36 in force at 4.8.2023, see art. 1
[^key-5cef1b451543da6ba45c44071ed0825a]: Art. 37 in force at 4.8.2023, see art. 1
[^key-470765a760a01b96b6f2e014c43f35c9]: Art. 38 in force at 4.8.2023, see art. 1
[^key-95fe65f04c586d2e687bc24b6467fa19]: Art. 39 in force at 4.8.2023, see art. 1
[^key-1a336d5a8a158481febec43d64ff34fd]: Art. 40 in force at 4.8.2023, see art. 1
[^key-93cc3af5492141240f1d809dff4c60bd]: Art. 41 in force at 4.8.2023, see art. 1
[^key-aa30419be6d8cb8fa0e4d6e8a659f38d]: Art. 42 in force at 4.8.2023, see art. 1
[^key-14319988bf6fe2127ec11e87fdb42f0c]: Art. 43 in force at 4.8.2023, see art. 1
[^key-0a3e1d818e964fb8a609156e3a4f07d2]: Art. 44 in force at 4.8.2023, see art. 1
[^key-507087327ac77805f50cf708798527c7]: Art. 45 in force at 4.8.2023, see art. 1
[^key-7780054217dba3375b4fc4300fb93705]: Art. 46 in force at 4.8.2023, see art. 1
[^key-2f1f34129ad1af6e9037e59d885181f5]: Art. 47 in force at 4.8.2023, see art. 1
[^key-0808176458fe5717d2c832cc178acfa3]: Art. 48 in force at 4.8.2023, see art. 1
[^key-9cd6f7e8d75f1c1886256ad03adc2c19]: Art. 49 in force at 4.8.2023, see art. 1
[^key-ebfcecfb34e8c2d98cd172c5d370e081]: Art. 50 in force at 4.8.2023, see art. 1
[^key-1b40185aa5ba9a9ff50cd6d92641e798]: Art. 51 in force at 4.8.2023, see art. 1
[^key-924d3f662540afc1fa0f268e14e7be45]: Art. 52 in force at 4.8.2023, see art. 1
[^key-0c6112935ebd66e70b7d49a40324d974]: Art. 53 in force at 4.8.2023, see art. 1
[^key-7393c7f2fdc0c45a90ea3db5d3089e48]: Art. 54 in force at 4.8.2023, see art. 1
[^key-3c03c498902c3ea991a3cc98500ef1a7]: Art. 55 in force at 4.8.2023, see art. 1
[^key-a44a7d8b98079ba428659c463c44d6c4]: Art. 56 in force at 4.8.2023, see art. 1
[^key-20762439bc7756b95568bfdd355993e7]: Art. 57 in force at 4.8.2023, see art. 1
[^key-cd17f40000edefc60c72d5f2e970f0e5]: Art. 58 in force at 4.8.2023, see art. 1
[^key-228a7e6480168dd2e04288b33a79f3cc]: Sch. 2 para. 1 in force at 4.8.2023, see art. 1
[^key-479cab22d7eff245bead80cbedfbe68f]: Sch. 2 para. 2 in force at 4.8.2023, see art. 1
[^key-00eef9b3079471f15398e17dcaadccba]: Sch. 2 para. 3 in force at 4.8.2023, see art. 1
[^key-ddd97a28d2e258dda966f8f49ed5eeb7]: Sch. 2 para. 4 in force at 4.8.2023, see art. 1
[^key-cb84cb452127c9955d457abc52201a59]: Sch. 2 para. 5 in force at 4.8.2023, see art. 1
[^key-b68d1d0b2100107a04442e9e2f2a31e6]: Sch. 2 para. 6 in force at 4.8.2023, see art. 1
[^key-1f802656f55178b734630a1aa5bacda5]: Sch. 2 para. 7 in force at 4.8.2023, see art. 1
[^key-86dc8bb3a349b2890aaa5cf4c79b7c6e]: Sch. 2 para. 8 in force at 4.8.2023, see art. 1
[^key-1fe9a53158801a21544d64714e65e093]: Sch. 2 para. 9 in force at 4.8.2023, see art. 1
[^key-7f33659bf71a291cefe026fda3b2257b]: Sch. 2 para. 10 in force at 4.8.2023, see art. 1
[^key-e6227204962df0e1542d863c5fb04aaa]: Sch. 2 para. 11 in force at 4.8.2023, see art. 1
[^key-732d806a52db1260c9c458cc96d28ea8]: Sch. 2 para. 12 in force at 4.8.2023, see art. 1
[^key-ee3022c3d4e4a6a94930c98f14186e8f]: Sch. 2 para. 13 in force at 4.8.2023, see art. 1
[^key-b69c83bf8a4a2b571dba2fa3fd2ee7c7]: Sch. 2 para. 14 in force at 4.8.2023, see art. 1
[^key-09329c9803a0ba23925e3ca957f09fd5]: Sch. 2 para. 15 in force at 4.8.2023, see art. 1
[^key-2230e3d2fb3e792e7a2f37574869b82f]: Sch. 2 para. 16 in force at 4.8.2023, see art. 1
[^key-6959d8c34368d9d988094783006d6a94]: Sch. 2 para. 17 in force at 4.8.2023, see art. 1
[^key-99b03350bb98c416353b0953ccff847e]: Sch. 5 para. 1 in force at 4.8.2023, see art. 1
[^key-5dc3c6d3cfda8b97c62735f1d144a1af]: Sch. 5 para. 2 in force at 4.8.2023, see art. 1
[^key-32a98000207f50129c7c94cddb8855ab]: Sch. 5 para. 3 in force at 4.8.2023, see art. 1
[^key-c06a200f29b7c755fe9a8a7d1a545a32]: Sch. 5 para. 4 in force at 4.8.2023, see art. 1
[^key-8cbce7b5235b7c774e108f082100d898]: Sch. 5 para. 5 in force at 4.8.2023, see art. 1
[^key-7c8a49e6ca724ab8ba692b3d9ede96f7]: Sch. 8 para. 1 in force at 4.8.2023, see art. 1
[^key-3697fc4a264c062928e4e5446050e513]: Sch. 8 para. 2 in force at 4.8.2023, see art. 1
[^key-6eabe1de1d71ba59df0bd02889184ec5]: Sch. 8 para. 3 in force at 4.8.2023, see art. 1
[^key-776f5bdec52bb302af8956092b3735d4]: Sch. 8 para. 4 in force at 4.8.2023, see art. 1
[^key-05e52254688fdcb1e46c9301b6d41f11]: Sch. 8 para. 5 in force at 4.8.2023, see art. 1
[^key-982dc7d4b8b24a63b471af3290288a5d]: Sch. 8 para. 6 in force at 4.8.2023, see art. 1
[^key-b2527da9a3ac49eb148c626f13a8f66e]: Sch. 8 para. 7 in force at 4.8.2023, see art. 1
[^key-d41f7e269d70af33f7ee467202a2425c]: Sch. 8 para. 8 in force at 4.8.2023, see art. 1
[^key-4906b63c76dd004da41d4e7956256231]: Sch. 8 para. 9 in force at 4.8.2023, see art. 1
[^key-89b57a0006a4132bfc671731b400d334]: Sch. 8 para. 10 in force at 4.8.2023, see art. 1
[^key-c9f69d4c2f1d816e9002fb2fbb826e95]: Sch. 8 para. 11 in force at 4.8.2023, see art. 1
[^key-92fd4ef66a79215aa756158ea37160da]: Sch. 8 para. 12 in force at 4.8.2023, see art. 1
[^key-ce6bc7f3881e78dba40386f894b54c63]: Sch. 8 para. 13 in force at 4.8.2023, see art. 1
[^key-a2d7454debbd6b19fec040c850f9f127]: Sch. 9 para. 1 in force at 4.8.2023, see art. 1
[^key-5e35d4126276fb658e48afe688b0a000]: Sch. 9 para. 2 in force at 4.8.2023, see art. 1
[^key-5663708f3d504d1639c5f9bd8c75a7b0]: Sch. 9 para. 3 in force at 4.8.2023, see art. 1
[^key-ac1d844f642979cc1f222e1ec99465ef]: Sch. 9 para. 4 in force at 4.8.2023, see art. 1
[^key-ac67464886e03ac78dbe022a0178af3c]: Sch. 9 para. 5 in force at 4.8.2023, see art. 1
[^key-a6ee2d5af3c6579fe691120648a2da73]: Sch. 9 para. 6 in force at 4.8.2023, see art. 1
[^key-20d9071bdc55cc99a1f52a7cc82683ff]: Sch. 9 para. 7 in force at 4.8.2023, see art. 1
[^key-3e767f5552652d8fb7f9ef2f67217bc7]: Sch. 9 para. 8 in force at 4.8.2023, see art. 1
[^key-cd6d82af80ced67e5645920dac74b641]: Sch. 9 para. 9 in force at 4.8.2023, see art. 1
[^key-d6f85ddd986bad87c293721a088f52c7]: Sch. 9 para. 10 in force at 4.8.2023, see art. 1
[^key-1ea5ecfe05c25db85c554f0efcab07f7]: Sch. 9 para. 11 in force at 4.8.2023, see art. 1
[^key-52503931984ca1d0de82bd4e321ebfe3]: Sch. 9 para. 12 in force at 4.8.2023, see art. 1
[^key-c6682b8ce5575e0a301131b8c5cd4fd4]: Sch. 9 para. 13 in force at 4.8.2023, see art. 1
[^key-737b01a411c387e20891457124b126b0]: Sch. 9 para. 14 in force at 4.8.2023, see art. 1
[^key-626e6d172d79634cd253b8b740412ac1]: Sch. 9 para. 15 in force at 4.8.2023, see art. 1
[^key-826afb4e01a1735bffa06e0d61e0fa38]: Sch. 9 para. 16 in force at 4.8.2023, see art. 1
[^key-a5cf0a6883ac8b2c43b0237a106b40be]: Sch. 9 para. 17 in force at 4.8.2023, see art. 1
[^key-5da64a1caf1f3c8d8dedeec83cdaf9f6]: Sch. 9 para. 18 in force at 4.8.2023, see art. 1
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