Legalize
Legalize / United Kingdom / Statutory-Instrument

The Medworth Energy from Waste Combined Heat and Power Facility Order 2024

Type Statutory-Instrument
Publication 2024-02-20
Last updated 2024-11-08
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
PDF Download
articles Not indexed
Reform history JSON API
  • (2) There will be no discovery or disclosure, except that the arbitrator will have the power to order the parties to produce such documents as are reasonably requested by another party no later than the Statement of Reply, or by the arbitrator, where the documents are manifestly relevant, specifically identified and the burden of production is not excessive. Any application and orders should be made by way of a Redfern Schedule without any hearing.
  • (3) Any time limits fixed in accordance with this procedure or by the arbitrator may be varied by agreement between the parties, subject to any such variation being acceptable to and approved by the arbitrator. In the absence of agreement, the arbitrator may vary the timescales or procedure or both—
  • (a) if the arbitrator is satisfied that a variation of any fixed time limit is reasonably necessary to avoid a breach of the rules of natural justice; and
  • (b) only for such a period that is necessary to achieve fairness between the parties.
  • (4) On the date the award is made, the arbitrator will notify the parties that the award is completed, signed and dated, and that it will be issued to the parties on receipt of cleared funds for the arbitrator’s fees and expenses.

Costs

6

  • (1) The costs of the Arbitration will include the fees and expenses of the arbitrator, the reasonable fees and expenses of any experts and the reasonable legal and other costs incurred by the parties for the Arbitration.
  • (2) Subject to sub-paragraph (3), the arbitrator will award recoverable costs on the general principle that each party should bear its own costs.
  • (3) The arbitrator may depart from the general principle in sub-paragraph (2) and make such other costs award as it considers reasonable where a party has behaved unreasonably as defined within the National Planning Practice Guidance or such other guidance as may replace it.

Confidentiality

7

  • (1) Subject to sub-paragraphs (2) and (3), any arbitration hearing and documentation will be open to and accessible by the public.
  • (2) The arbitrator may direct that the whole or part of a hearing is to be private or any documentation to be confidential where it is necessary in order to protect commercially sensitive information.
  • (3) Nothing in this paragraph will prevent any disclosure of a document by a party pursuant to an order of a court in England and Wales or where disclosure is required under any enactment.

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 — 20th February 2024

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Medworth CHP Limited (referred to in this Order as the undertaker) to construct, operate and maintain an Energy from Waste Combined Heat and Power Facility. The Order would permit the undertaker to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose. The Order also makes provision in connection with the maintenance of the new section of highway.

A copy of the Order plans and the book of reference mentioned in this Order and certified in accordance with article 42 (certification of plans etc.) of this Order may be inspected free of charge during working hours at Fenland Hall, County Road, March, Cambridgeshire, PE15 8NQ.

Footnotes

1

2008 c. 29. The relevant provisions of the 2008 Act are amended by section 137(5) of, and Schedule 13 to, the Localism Act 2011 (c. 20).

5

Section 104 was amended by section 58(5) of the Marine and Coastal Access Act 2009 (c. 23) and by section 240(2) and Schedule 13, paragraph 49(1) to (6) of the Localism Act 2011 (c. 20).

6

2008 c. 29. Section 127 was amended by sections 23(2)(a), 23(2)(b) and 23(2)(c) of the Growth and Infrastructure Act 2013 (c. 27) and by paragraph 64(2) of Schedule 13 paragraph 64(2) of the Localism Act 2011 (c. 20).

16

1981 c. 67 The definition of “owner” was amended by section 17 and paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34). There are other amendments to section 7 which are not relevant to this Order.

17

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

20

1989 c. 29. Section 6 was amended by section 30 of the Utilities Act 2000 (c. 27), sections 89(3), 136(1), 136(2), 145(5), 145(6), and 145(7), and paragraph 5 of Schedule 19 and paragraph 1 of Schedule 23(1) to the Energy Act 2004 (c. 20), articles 6(2)(a), 6(2)(b), 6(3), 6(4) of the Electricity and Gas (Smart Meters Licensable Activity) Order 2012/2400, regulation 19 of the Electricity and Gas (Internal Markets) Regulations 2011/2704, and by paragraph 2 of Schedule 8 to the Climate Change Act 2008 (c. 27).

22

2004 c. 18. There are amendments to this Act not relevant to this Order.

24

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

28

1857 c. 81. Substituted by Church of England (Miscellaneous Provisions) Measure 2014, section 2 (January 1, 2015; substitution has effect subject to transitional and saving provisions specified in S.I. 2014/2077, paragraphs 1 and 2).

30

2003 c. 21. Section 151(1) was amended by paragraphs 90(a)(i), (ii), (iii), 90(b), 90(c) and 90(d) of Schedule 1 to the Electronic Communications and Wireless Telegraphy Regulations (2011/1210).

31

2000 c. 7. As amended by paragraph 158 of Schedule 17 to the Communications Act 2003 c. 7.

32

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

33

1974 c. 40. Sections 61(9) was amended by paragraph 1 of Schedule 24 to the Environment Act 1995 and by section 162(1) and paragraph 15(3) of Schedule 15 to the Environmental Protection Act 1990 c. 25. There are other amendments to the 1974 Act which are not relevant to this Order.

39

1991 c. 56. Section 102 was amended by sections 96(1)(a), 96(1)(b), 96(1)(c), 96(1)(d) and 96(1)(e) of the Water Act 2003 c. 37 and paragraph 90 of Schedule 7 to the Water Act 2014 c.21.

40

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).

42

See section 106.

Editorial notes

45

Art. 1 in force at 13.3.2024, see art. 1

46

Art. 2 in force at 13.3.2024, see art. 1

47

Art. 3 in force at 13.3.2024, see art. 1

48

Art. 4 in force at 13.3.2024, see art. 1

49

Art. 5 in force at 13.3.2024, see art. 1

50

Art. 6 in force at 13.3.2024, see art. 1

51

Art. 7 in force at 13.3.2024, see art. 1

52

Art. 8 in force at 13.3.2024, see art. 1

53

Art. 9 in force at 13.3.2024, see art. 1

54

Art. 10 in force at 13.3.2024, see art. 1

55

Art. 11 in force at 13.3.2024, see art. 1

56

Art. 12 in force at 13.3.2024, see art. 1

57

Art. 13 in force at 13.3.2024, see art. 1

58

Art. 14 in force at 13.3.2024, see art. 1

59

Art. 15 in force at 13.3.2024, see art. 1

60

Art. 16 in force at 13.3.2024, see art. 1

61

Art. 17 in force at 13.3.2024, see art. 1

62

Art. 18 in force at 13.3.2024, see art. 1

63

Art. 19 in force at 13.3.2024, see art. 1

64

Art. 20 in force at 13.3.2024, see art. 1

65

Art. 21 in force at 13.3.2024, see art. 1

66

Art. 22 in force at 13.3.2024, see art. 1

67

Art. 23 in force at 13.3.2024, see art. 1

68

Art. 24 in force at 13.3.2024, see art. 1

69

Art. 25 in force at 13.3.2024, see art. 1

70

Art. 26 in force at 13.3.2024, see art. 1

71

Art. 27 in force at 13.3.2024, see art. 1

72

Art. 28 in force at 13.3.2024, see art. 1

73

Art. 29 in force at 13.3.2024, see art. 1

74

Art. 30 in force at 13.3.2024, see art. 1

75

Art. 31 in force at 13.3.2024, see art. 1

76

Art. 32 in force at 13.3.2024, see art. 1

77

Art. 33 in force at 13.3.2024, see art. 1

78

Art. 34 in force at 13.3.2024, see art. 1

79

Art. 35 in force at 13.3.2024, see art. 1

80

Art. 36 in force at 13.3.2024, see art. 1

81

Art. 37 in force at 13.3.2024, see art. 1

82

Art. 38 in force at 13.3.2024, see art. 1

83

Art. 39 in force at 13.3.2024, see art. 1

84

Art. 40 in force at 13.3.2024, see art. 1

85

Art. 41 in force at 13.3.2024, see art. 1

86

Art. 42 in force at 13.3.2024, see art. 1

87

Art. 43 in force at 13.3.2024, see art. 1

88

Art. 44 in force at 13.3.2024, see art. 1

89

Art. 45 in force at 13.3.2024, see art. 1

90

Art. 46 in force at 13.3.2024, see art. 1

91

Art. 47 in force at 13.3.2024, see art. 1

92

Art. 48 in force at 13.3.2024, see art. 1

93

Sch. 1 para. 1 in force at 13.3.2024, see art. 1

94

Sch. 2 para. 1 in force at 13.3.2024, see art. 1

95

Sch. 2 para. 2 in force at 13.3.2024, see art. 1

96

Sch. 2 para. 3 in force at 13.3.2024, see art. 1

97

Sch. 2 para. 4 in force at 13.3.2024, see art. 1

98

Sch. 2 para. 5 in force at 13.3.2024, see art. 1

99

Sch. 2 para. 6 in force at 13.3.2024, see art. 1

100

Sch. 2 para. 7 in force at 13.3.2024, see art. 1

101

Sch. 2 para. 8 in force at 13.3.2024, see art. 1

102

Sch. 2 para. 9 in force at 13.3.2024, see art. 1

103

Sch. 2 para. 10 in force at 13.3.2024, see art. 1

104

Sch. 2 para. 11 in force at 13.3.2024, see art. 1

105

Sch. 2 para. 12 in force at 13.3.2024, see art. 1

106

Sch. 2 para. 13 in force at 13.3.2024, see art. 1

107

Sch. 2 para. 14 in force at 13.3.2024, see art. 1

108

Sch. 2 para. 15 in force at 13.3.2024, see art. 1

109

Sch. 2 para. 16 in force at 13.3.2024, see art. 1

110

Sch. 2 para. 17 in force at 13.3.2024, see art. 1

111

Sch. 2 para. 18 in force at 13.3.2024, see art. 1

112

Sch. 2 para. 19 in force at 13.3.2024, see art. 1

113

Sch. 2 para. 20 in force at 13.3.2024, see art. 1

114

Sch. 2 para. 21 in force at 13.3.2024, see art. 1

115

Sch. 2 para. 22 in force at 13.3.2024, see art. 1

116

Sch. 2 para. 23 in force at 13.3.2024, see art. 1

117

Sch. 2 para. 24 in force at 13.3.2024, see art. 1

118

Sch. 2 para. 25 in force at 13.3.2024, see art. 1

119

Sch. 2 para. 26 in force at 13.3.2024, see art. 1

120

Sch. 2 para. 27 in force at 13.3.2024, see art. 1

121

Sch. 2 para. 28 in force at 13.3.2024, see art. 1

122

Sch. 2 para. 29 in force at 13.3.2024, see art. 1

123

Sch. 2 para. 30 in force at 13.3.2024, see art. 1

124

Sch. 9 para. 1 in force at 13.3.2024, see art. 1

125

Sch. 9 para. 2 in force at 13.3.2024, see art. 1

126

Sch. 9 para. 3 in force at 13.3.2024, see art. 1

127

Sch. 9 para. 4 in force at 13.3.2024, see art. 1

128

Sch. 9 para. 5 in force at 13.3.2024, see art. 1

129

Sch. 11 para. 1 in force at 13.3.2024, see art. 1

130

Sch. 11 para. 2 in force at 13.3.2024, see art. 1

131

Sch. 11 para. 3 in force at 13.3.2024, see art. 1

132

Sch. 11 para. 4 in force at 13.3.2024, see art. 1

133

Sch. 11 para. 5 in force at 13.3.2024, see art. 1

134

Sch. 11 para. 6 in force at 13.3.2024, see art. 1

135

Sch. 11 para. 7 in force at 13.3.2024, see art. 1

136

Sch. 11 para. 8 in force at 13.3.2024, see art. 1

137

Sch. 11 para. 9 in force at 13.3.2024, see art. 1

138

Sch. 11 para. 10 in force at 13.3.2024, see art. 1

139

Sch. 11 para. 11 in force at 13.3.2024, see art. 1

140

Sch. 11 para. 12 in force at 13.3.2024, see art. 1

141

Sch. 11 para. 13 in force at 13.3.2024, see art. 1

142

Sch. 11 para. 14 in force at 13.3.2024, see art. 1

143

Sch. 11 para. 15 in force at 13.3.2024, see art. 1

144

Sch. 11 para. 16 in force at 13.3.2024, see art. 1

145

Sch. 11 para. 17 in force at 13.3.2024, see art. 1

146

Sch. 11 para. 18 in force at 13.3.2024, see art. 1

147

Sch. 11 para. 19 in force at 13.3.2024, see art. 1

148

Sch. 11 para. 20 in force at 13.3.2024, see art. 1

149

Sch. 11 para. 21 in force at 13.3.2024, see art. 1

150

Sch. 11 para. 22 in force at 13.3.2024, see art. 1

151

Sch. 11 para. 23 in force at 13.3.2024, see art. 1

152

Sch. 11 para. 24 in force at 13.3.2024, see art. 1

153

Sch. 11 para. 25 in force at 13.3.2024, see art. 1

154

Sch. 11 para. 26 in force at 13.3.2024, see art. 1

155

Sch. 11 para. 27 in force at 13.3.2024, see art. 1

156

Sch. 11 para. 28 in force at 13.3.2024, see art. 1

157

Sch. 11 para. 29 in force at 13.3.2024, see art. 1

158

Sch. 11 para. 30 in force at 13.3.2024, see art. 1

159

Sch. 11 para. 31 in force at 13.3.2024, see art. 1

160

Sch. 11 para. 32 in force at 13.3.2024, see art. 1

161

Sch. 11 para. 44 in force at 13.3.2024, see art. 1

162

Sch. 11 para. 45 in force at 13.3.2024, see art. 1

163

Sch. 11 para. 46 in force at 13.3.2024, see art. 1

164

Sch. 11 para. 47 in force at 13.3.2024, see art. 1

165

Sch. 11 para. 48 in force at 13.3.2024, see art. 1

166

Sch. 11 para. 49 in force at 13.3.2024, see art. 1

167

Sch. 11 para. 50 in force at 13.3.2024, see art. 1

168

Sch. 11 para. 51 in force at 13.3.2024, see art. 1

169

Sch. 11 para. 52 in force at 13.3.2024, see art. 1

170

Sch. 11 para. 53 in force at 13.3.2024, see art. 1

171

Sch. 11 para. 54 in force at 13.3.2024, see art. 1

172

Sch. 11 para. 55 in force at 13.3.2024, see art. 1

173

Sch. 11 para. 56 in force at 13.3.2024, see art. 1

174

Sch. 11 para. 57 in force at 13.3.2024, see art. 1

175

Sch. 11 para. 58 in force at 13.3.2024, see art. 1

176

Sch. 11 para. 59 in force at 13.3.2024, see art. 1

177

Sch. 11 para. 60 in force at 13.3.2024, see art. 1

178

Sch. 11 para. 61 in force at 13.3.2024, see art. 1

179

Sch. 11 para. 62 in force at 13.3.2024, see art. 1

180

Sch. 11 para. 63 in force at 13.3.2024, see art. 1

181

Sch. 11 para. 64 in force at 13.3.2024, see art. 1

182

Sch. 11 para. 65 in force at 13.3.2024, see art. 1

183

Sch. 11 para. 66 in force at 13.3.2024, see art. 1

184

Sch. 11 para. 67 in force at 13.3.2024, see art. 1

185

Sch. 11 para. 68 in force at 13.3.2024, see art. 1

186

Sch. 11 para. 69 in force at 13.3.2024, see art. 1

187

Sch. 11 para. 70 in force at 13.3.2024, see art. 1

188

Sch. 11 para. 71 in force at 13.3.2024, see art. 1

189

Sch. 11 para. 72 in force at 13.3.2024, see art. 1

190

Sch. 11 para. 73 in force at 13.3.2024, see art. 1

191

Sch. 11 para. 74 in force at 13.3.2024, see art. 1

192

Sch. 11 para. 75 in force at 13.3.2024, see art. 1

193

Sch. 11 para. 76 in force at 13.3.2024, see art. 1

194

Sch. 11 para. 77 in force at 13.3.2024, see art. 1

195

Sch. 11 para. 78 in force at 13.3.2024, see art. 1

196

Sch. 11 para. 79 in force at 13.3.2024, see art. 1

197

Sch. 11 para. 80 in force at 13.3.2024, see art. 1

198

Sch. 11 para. 81 in force at 13.3.2024, see art. 1

199

Sch. 11 para. 82 in force at 13.3.2024, see art. 1

200

Sch. 11 para. 83 in force at 13.3.2024, see art. 1

201

Sch. 11 para. 84 in force at 13.3.2024, see art. 1

202

Sch. 11 para. 85 in force at 13.3.2024, see art. 1

203

Sch. 11 para. 86 in force at 13.3.2024, see art. 1

204

Sch. 11 para. 87 in force at 13.3.2024, see art. 1

205

Sch. 11 para. 88 in force at 13.3.2024, see art. 1

206

Sch. 11 para. 89 in force at 13.3.2024, see art. 1

207

Sch. 11 para. 90 in force at 13.3.2024, see art. 1

208

Sch. 11 para. 91 in force at 13.3.2024, see art. 1

209

Sch. 11 para. 92 in force at 13.3.2024, see art. 1

210

Sch. 11 para. 93 in force at 13.3.2024, see art. 1

211

Sch. 11 para. 94 in force at 13.3.2024, see art. 1

212

Sch. 11 para. 95 in force at 13.3.2024, see art. 1

213

Sch. 11 para. 96 in force at 13.3.2024, see art. 1

214

Sch. 11 para. 97 in force at 13.3.2024, see art. 1

215

Sch. 11 para. 98 in force at 13.3.2024, see art. 1

216

Sch. 11 para. 99 in force at 13.3.2024, see art. 1

217

Sch. 11 para. 100 in force at 13.3.2024, see art. 1

218

Sch. 11 para. 101 in force at 13.3.2024, see art. 1

219

Sch. 11 para. 102 in force at 13.3.2024, see art. 1

220

Sch. 11 para. 103 in force at 13.3.2024, see art. 1

221

Sch. 11 para. 104 in force at 13.3.2024, see art. 1

222

Sch. 11 para. 105 in force at 13.3.2024, see art. 1

223

Sch. 11 para. 106 in force at 13.3.2024, see art. 1

224

Sch. 11 para. 107 in force at 13.3.2024, see art. 1

225

Sch. 11 para. 108 in force at 13.3.2024, see art. 1

226

Sch. 11 para. 109 in force at 13.3.2024, see art. 1

227

Sch. 11 para. 110 in force at 13.3.2024, see art. 1

228

Sch. 11 para. 111 in force at 13.3.2024, see art. 1

229

Sch. 11 para. 112 in force at 13.3.2024, see art. 1

230

Sch. 11 para. 113 in force at 13.3.2024, see art. 1

231

Sch. 11 para. 114 in force at 13.3.2024, see art. 1

232

Sch. 11 para. 115 in force at 13.3.2024, see art. 1

233

Sch. 11 para. 116 in force at 13.3.2024, see art. 1

234

Sch. 11 para. 117 in force at 13.3.2024, see art. 1

235

Sch. 11 para. 118 in force at 13.3.2024, see art. 1

236

Sch. 11 para. 119 in force at 13.3.2024, see art. 1

237

Sch. 11 para. 120 in force at 13.3.2024, see art. 1

238

Sch. 11 para. 121 in force at 13.3.2024, see art. 1

239

Sch. 11 para. 122 in force at 13.3.2024, see art. 1

240

Sch. 11 para. 123 in force at 13.3.2024, see art. 1

241

Sch. 11 para. 124 in force at 13.3.2024, see art. 1

242

Sch. 11 para. 125 in force at 13.3.2024, see art. 1

243

Sch. 11 para. 126 in force at 13.3.2024, see art. 1

244

Sch. 12 para. 1 in force at 13.3.2024, see art. 1

245

Sch. 12 para. 2 in force at 13.3.2024, see art. 1

246

Sch. 12 para. 3 in force at 13.3.2024, see art. 1

247

Sch. 12 para. 4 in force at 13.3.2024, see art. 1

248

Sch. 15 para. 1 in force at 13.3.2024, see art. 1

249

Sch. 15 para. 2 in force at 13.3.2024, see art. 1

250

Sch. 15 para. 3 in force at 13.3.2024, see art. 1

251

Sch. 15 para. 4 in force at 13.3.2024, see art. 1

252

Sch. 15 para. 5 in force at 13.3.2024, see art. 1

253

Sch. 15 para. 6 in force at 13.3.2024, see art. 1

254

Sch. 15 para. 7 in force at 13.3.2024, see art. 1

255

Sch. 3 in force at 13.3.2024, see art. 1

256

Sch. 4 in force at 13.3.2024, see art. 1

257

Sch. 5 in force at 13.3.2024, see art. 1

258

Sch. 6 Pt. 1 in force at 13.3.2024, see art. 1

259

Sch. 6 Pt. 2 in force at 13.3.2024, see art. 1

260

Sch. 6 Pt. 3 in force at 13.3.2024, see art. 1

261

Sch. 7 in force at 13.3.2024, see art. 1

262

Sch. 8 in force at 13.3.2024, see art. 1

263

Sch. 10 in force at 13.3.2024, see art. 1

264

Sch. 13 in force at 13.3.2024, see art. 1

265

Sch. 14 in force at 13.3.2024, see art. 1

269

2008 c. 29. Section 74 was amended by the Localism Act 2011 (c. 20) section 240(2), Schedule 13 [paragraph 29] and Schedule 25 Part 20. [Editorial note: words in footnote substituted (8.11.2024) by The Medworth Energy from Waste Combined Heat and Power Facility (Correction) Order 2024 (S.I. 2024/1136), art. 1(2), Sch. 1]

43A

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

43B

  • (1) Where in consequence of the proposed construction of any part of the authorised development, the undertaker or EPN requires the removal of apparatus under paragraph 39(2) or EPN makes requirements for the protection or alteration of apparatus under paragraph 41(5) the undertaker must use its best 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 EPN’s undertaking and EPN must use its best endeavours to co-operate with the undertaker for that purpose.
  • (2) For the avoidance of doubt whenever EPN’s consent, agreement or approval is required in relation to plans, documents or other information submitted by the undertaker or the taking of action by the undertaker, it must not be unreasonably withheld or delayed.

43C

If in consequence of the exercise of the powers conferred by this Order the access to any apparatus is materially obstructed the undertaker must provide such alternative means of access to that apparatus as will enable EPN to maintain or use the apparatus no less effectively than was possible before the obstruction.

43D

Any difference or dispute arising between the undertaker and EPN under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and EPN, be determined by arbitration in accordance with article 46 (arbitration).

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.