The A12 Chelmsford to A120 Widening Development Consent Order 2024

• (e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;

• (f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule;

• (g) any watching brief pursuant to sub-paragraph 58(6) (retained apparatus: protection of Cadent).

• (2) There will 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 and which is not re-used as part of the alternative apparatus, 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 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, is not determined by arbitration in accordance with paragraph 64 (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 Cadent by virtue of sub-paragraph (1) will be reduced by the amount of that excess save to the extent that it is not possible in the circumstances (or it would be unlawful due to a statutory or regulatory change) to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker.

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

• (a) an extension of apparatus to a length greater than the length of existing apparatus will not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

• (b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole will be treated as if it also had been agreed or had been so determined.

• (5) An amount which apart from this sub-paragraph would be payable to Cadent in respect of works by virtue of sub-paragraph (1) will, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on Cadent any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Indemnity

60

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works authorised by this Part of this Schedule (including without limitation relocation, diversion, decommissioning, construction and maintenance of apparatus or alternative apparatus) or in consequence of the construction, use, maintenance or failure of any of the authorised development (including works carried out under article 25 (protective work to buildings)) by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by the undertaker) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised development) or property of Cadent, or there is any interruption in any service provided, or in the supply of any goods, by Cadent, or Cadent becomes liable to pay any amount to any third party, the undertaker will—

• (a) bear and pay on demand accompanied by an invoice or claim from Cadent, the cost reasonably incurred by Cadent in making good such damage or restoring the supply; and

• (b) indemnify Cadent for any other expenses, loss, demands, proceedings, damages, claims, penalty, compensation or costs properly incurred by, paid by or recovered from Cadent, by reason or in consequence of any such damage or interruption or Cadent becoming liable to any third party as aforesaid other than arising from any default of Cadent.

• (2) The fact that any act or thing may have been done by Cadent on behalf of the undertaker or in accordance with a plan approved by Cadent or in accordance with any requirement of Cadent or under its supervision including under any watching brief will not (unless sub-paragraph (3) applies) excuse the undertaker from liability under the provisions of this sub-paragraph (1) unless Cadent fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan.

• (3) Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of—

• (a) any damage or interruption to the extent that it is attributable to the neglect or default of Cadent, its officers, servants, contractors or agents; and

• (b) any part of the authorised development carried out by Cadent in the exercise of any functions conferred by this Order pursuant to a grant or transfer under article 11 (consent to transfer benefit of the Order).

• (c) any indirect or consequential loss of any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption, which is not reasonably foreseeable at the commencement of the relevant works referred to in sub-paragraph (1).

• (4) Cadent must give the undertaker reasonable notice of any such third party claim or demand and no settlement, admission of liability or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations.

Enactments and agreements

61

Except where this Part of this Schedule provides otherwise or by agreement in writing between Cadent and the undertaker, nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and Cadent in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

62

• (1) Where in consequence of the proposed construction of any part of the authorised development, the undertaker or Cadent requires the removal of apparatus under paragraph 56(2) (removal of apparatus) or Cadent makes requirements for the protection or alteration of apparatus under paragraph 58 (retained apparatus: protection of Cadent), 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 Cadent’s undertaking and Cadent must use its best endeavours to co-operate with the undertaker for that purpose.

• (2) For the avoidance of doubt whenever Cadent’s consent, agreement or approval is required in relation to plans, documents or other information submitted by Cadent or the taking of action by Cadent, it must not be unreasonably withheld or delayed.

Access

63

If in consequence of any agreement reached in accordance with paragraph 55(1) (acquisition of land) or the powers conferred by this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative rights and means of access to such apparatus as will enable Cadent to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

64

Save for differences or disputes arising under paragraph 56(2) and 56(4) (removal of apparatus) and 58(11) (retained apparatus: protection of Cadent) any difference or dispute arising between the undertaker and Cadent under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and Cadent, be determined by arbitration in accordance with article 61 (arbitration).

Notices

65

Notwithstanding article 60 (service of notices) any plans submitted to Cadent by the undertaker pursuant to paragraph 58(1) (retained apparatus: protection of Cadent) must be sent by email to Cadent Gas Limited Plant Protection at plantprotection@cadentgas.com as well as by post to Plant Protection, Cadent Gas Limited, Brick Kiln Street, Hinckley, Leicestershire, LE10 0NA, or such other address as Cadent may from time to time appoint instead for that purpose and notify to the undertaker in writing.

PART 6 — FOR THE PROTECTION OF RAILWAY INTERESTS

66

The provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and Network Rail and, in the case of paragraph 80 of this Part of this Schedule any other person on whom rights or obligations are conferred by that paragraph.

67

In this Part of this Schedule—

• “asset protection agreement” means an agreement to regulate the construction and maintenance of the specified work in a form prescribed from time to time by Network Rail;

• “construction” includes execution, placing, alteration and reconstruction and “construct” and

• “constructed” have corresponding meanings;

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

• “network licence” means the network licence, as the same is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of their powers under section 8 (licences) of the Railways Act 1993[^f00132];

• “Network Rail” means Network Rail Infrastructure Limited (company number 02904587, whose registered office is at Waterloo General Office, London, United Kingdom, SE1 8SW) and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 of the Companies Act 2006[^f00133]) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited and any successor to Network Rail Infrastructure Limited’s railway undertaking;

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

• “protective works” means any works specified by the engineer under paragraph 70(4);

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

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

• “regulatory consents” means any consent or approval required under—the Railways Act 1993;the network licence; and/orany other relevant statutory or regulatory provisions;by either the Office of Rail and Road or the Secretary of State for Transport or any other competent body including change procedures and any other consents, approvals of any access or beneficiary that may be required in relation to the authorised development;

• “specified work” means so much of any of the authorised development as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property and, for the avoidance of doubt, includes the maintenance of such works under the powers conferred by article 6 (maintenance of authorised development) in respect of such works.

68

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

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

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

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

69

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

• (a) article 5 (development consent etc. granted by the Order);

• (b) article 6 (maintenance of authorised development);

• (c) article 24 (discharge of water);

• (d) article 26 (authority to survey and investigate the land);

• (e) article 27 (compulsory acquisition of land);

• (f) article 30 (compulsory acquisition of rights and imposition of restrictive covenants);

• (g) article 31 (private rights over land);

• (h) article 38 (acquisition of subsoil or airspace only);

• (i) article 40 (temporary use of land for carrying out the authorised development);

• (j) article 41 (temporary use of land for maintaining the authorised development);

• (k) article 42 (statutory undertakers);

• (l) article 46 (felling or lopping of trees and removal of hedgerows);

• (m) article 47 (trees subject to tree preservation orders);

• (n) section 11(3)[^f00134] (power of entry) of the 1965 Act;

• (o) section 203 (power to override easements and rights) of the Housing and Planning Act 2016[^f00135];

• (p) section 172[^f00136] (right to enter and survey land) of the Housing and Planning Act 2016;

• (q) the Neighbourhood Planning Act 2017, in respect of the temporary possession of land,

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

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

• (3) The undertaker must not exercise the powers conferred by sections 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272[^f00138] (extinguishment of rights of telecommunications code system operators: preliminary notices) of the 1990 Act, article 42 (statutory undertakers), or article 31 (private rights over land), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

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

• (5) The undertaker must not under the powers of this Order do anything which would result in railway property being incapable of being used or maintained or which would affect the safe running of trains on the railway.

• (6) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions, but it is not unreasonable to withhold consent for reasons of operational or railway safety (such matters to be in Network Rail’s absolute discretion).

• (7) The undertaker must enter into an asset protection agreement prior to the carrying out of any specified work.

70

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

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

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

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

71

• (1) Any specified work and any protective works to be constructed by virtue of paragraph 70(3) must, when commenced, be constructed—

• (a) without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 70(1);

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

• (c) in such manner as to cause as little damage as is possible to railway property; and

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

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

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

72

The undertaker must—

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

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

73

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

74

• (1) If any permanent or temporary alterations or additions to railway property are reasonably necessary in consequence of the construction or completion of a specified work, or during a period of 24 months after the completion of that work, in order to ensure the safety of railway property or the continued safe operation of the railway of Network Rail, such alterations and additions may be carried out by Network Rail and if Network Rail gives to the undertaker 56 days’ notice (or in the event of an emergency or safety critical issue such notice as is reasonable in the circumstances) of its intention to carry out such alterations or additions (which must be specified in the notice), the undertaker must pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any such alterations or additions.

• (2) If during the construction of a specified work or a protective work by the undertaker, Network Rail gives notice to the undertaker that Network Rail desires itself to construct that part of the specified work or a protective work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker decides that part of the specified work or a protective work is to be constructed, Network Rail must assume construction of that part of the specified work or a protective work and the undertaker must, notwithstanding any such approval of a specified work under paragraph 70(3), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work or a protective work.

• (3) The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 75(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.

75

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 under the provisions of paragraph 70(3) or in constructing any protective works under the provisions of paragraph 70(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 or a protective 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 or a protective 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 a protective 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 or a protective work.

76

• (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 70(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 70(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 70(1) has effect subject to this sub-paragraph.

• (6) Prior to the commencement of operation of the authorised development the undertaker shall test the use of the authorised development in a manner that shall 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; and

• (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.

• (8) Where Network Rail approves modifications to Network Rail’s apparatus pursuant to subparagraphs (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 subparagraphs must be carried out and completed by the undertaker in accordance with paragraph 71.

• (9) To the extent that it would not otherwise do so, the indemnity in paragraph 80(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 subparagraph (6) applies.

• (10) For the purpose of paragraph 75(a) any modifications to Network Rail’s apparatus under this paragraph shall be deemed to be protective works referred to in that paragraph.

• (11) In relation to any dispute arising under this paragraph the reference in article 61 (arbitration) to the Institution of Civil Engineers shall be read as a reference to the Institution of Engineering and Technology.

77

If at any time after the completion of a specified work or a protective 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 or a protective 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 or a protective work in such state of maintenance as not adversely to affect railway property.

78

The undertaker must not provide any illumination or illuminated sign or signal on or in connection with a specified work or a protective 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.

79

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 or a protective work must, provided that not less than 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.

80

• (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 (subject to article 35 (no double recovery)) 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 a protective work or the failure thereof;

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

• (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 a protective 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 shall not (if it was done without negligence on the part of Network Rail or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this sub-paragraph.

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

• (3) In no circumstances is the undertaker liable to Network Rail under sub-paragraph (1) for any indirect or consequential loss that was not in the reasonable contemplation of the parties at the time of making the Order.

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

• (5) 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 (4) which relates to the relevant costs of that train operator.

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

• (7) In this paragraph—

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

81

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 80) 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).

82

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.

83

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.

84

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.

85

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 11 (consent to transfer benefit of 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.

86

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 59 (certification of documents, etc.), provide a set of those plans to Network Rail in a format specified by Network Rail.

87

In relation to any dispute arising under this part of this Schedule (except for those disputes referred to in paragraph 76(11)) the provisions of article 61 (arbitration) shall not apply and any such dispute, unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) to the President of the Institution of Civil Engineers.

SCHEDULE 12 — DOCUMENTS TO BE CERTIFIED

(1)Document	(2)Reference number	(3)Version
Book of Reference	TR010060/APP/4.3	Rev 5
Classification of roads plans	TR010060/APP/2.4	P02
Design Principles	TR010060/APP/7.10	Rev 5
De-trunking and stopping up plans	TR010060/APP/2.10	P02
Engineering section drawings	TR010060/APP/2.11	P02
Environmental masterplan	TR010060/APP/6.2	Rev 3
Environmental Statement	TR010060/APP/6.1-6.3
Environmental Statement Addendum	TR010060/EXAM/10.12	Rev 1
Errata to the Environmental Statement	TR010060/EXAM/9.65	Rev 2
First Iteration EMP	TR010060/APP/6.5	Rev 2
Flood Risk Assessment	TR010060/APP/6.3	Rev 1
Flood Risk Assessment Addendum	TR010060/EXAM/10.16	Rev 1
Land plans	TR010060/APP/2.7	Rev 5
Outline construction traffic management plan	TR010060/APP/7.7	Rev 5
Permanent works plans	TR010060/APP/2.2.1	P03
Pre-commencement plan	TR010060/EXAM/9.57	Rev 1
Revocation of existing traffic orders plans	TR010060/APP/2.3.3	P03
Retained and removed vegetation plans	TR010060/APP/2.14	Rev 3
Special category land plans	TR010060/APP/2.5	Rev 3
Surface Water Drainage Strategy Addendum	TR010060/EXAM/10.17	Rev 1
Streets, rights of way and access plans	TR010060/APP/2.6	P04
Structures engineering drawings and sections	TR010060/APP/2.12	P03
Supplementary Botanical Survey Report	TR010060/EXAM/9.16	Rev 2
Supplementary Hedgerow Survey	TR010060/EXAM/9.50	Rev 1
Temporary works plans	TR010060/APP/2.2.3	P03
Traffic regulation measures movement restrictions plans	TR010060/APP/2.3.2	P03
Traffic regulation measures speed limits plans	TR010060/APP/2.3.1	P04
Utilities works plans	TR010060/APP/2.2.2	P04

Signed

Signed by authority of the Secretary of State for Transport

Gareth Leigh — Head of the Transport and Works Act Orders Unit — Department for Transport — 12th January 2024

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises National Highways to undertake works to alter the A12 trunk road between junction 19 (Boreham) and junction 25 (Marks Tey) in Essex and carry out all associated works.

The Order permits National Highways 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 authorised development.

A copy of the plans, engineering drawings and sections, book of reference and environmental statement mentioned in this Order and certified in accordance with article 59 (certification of plans, etc.) may be inspected free of charge during working hours at National Highways, 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 and Schedule 13, Para 5 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, S.I. 2019/734, S.I. 2020/764, S.I. 2020/1534, S.I. 2021/978, S.I. 2022/634 and 2023/1071.

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

[^f00004]: Section 114 was amended by paragraph 55 of Schedule 13 to the Localism Act 2011 (c. 20).

[^f00005]: Section 115 was amended by paragraph 56 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011, section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).

[^f00006]: Section 117 was amended by paragraph 58 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011.

[^f00007]: Section 120 was amended by section 140 and paragraph 60 of Schedule 13 to the Localism Act 2011.

[^f00008]: Section 122 was amended by paragraph 62 of Schedule 13 to the Localism Act 2011.

[^f00009]: Section 123 was amended by paragraph 62 of Schedule 13 to the Localism Act 2011.

[^f00010]: Part 1 of Schedule 5 was amended by paragraph 4 of Schedule 8 and Part 2 of Schedule 22 to the Marine and Coastal Access Act 2009 (c. 23), paragraph 71 of Schedule 13 to the Localism Act 2011 and paragraph 76 of Schedule 6 to the Wales Act 2017.

[^f00011]: 1961 c. 33.

[^f00012]: 1965 c. 56.

[^f00013]: 1980 c. 66.

[^f00014]: 1981 c. 66.

[^f00015]: 1984 c. 27.

[^f00016]: S.I. 1986/1078. There are amendments to these Regulations which are not relevant to this Order.

[^f00017]: 1990 c. 8.

[^f00018]: 1991 c. 22.

[^f00019]: 2004 c. 18.

[^f00020]: 2008 c. 29.

[^f00021]: S.I. 2016/362.

[^f00022]: The definition of “cycle track” was amended by section 1 of the Cycle Tracks Act 1984 (c. 38) and paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

[^f00023]: 2003 c. 21. Section 32(1) was amended by S.I. 2011/1210.

[^f00024]: 1995 c. 25.

[^f00025]: 1981 c. 67. The definition of “owner” was amended by 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.

[^f00026]: Section 48 was amended by section 124 of the Local Transport Act 2008 (c. 26).

[^f00027]: Section 121A was inserted by section 168(1) of, and paragraph 70 of Schedule 8 to the New Roads and Street Works Act 1991 (c. 22), and amended by section 1(6) of, and paragraphs 70 and 95(2) and (3) of Schedule 1 to, the Infrastructure Act 2015 (c. 7), and S.I. 2001/1400. There are other amendments to section 121A which are not relevant to this Order.

[^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 of, and Schedule 1 to, the Infrastructure Act 2015 (c. 7).

[^f00029]: Section 19 was amended by section 1 of, and Schedule 1 to, the Infrastructure Act 2015 (c. 7). There are other amendments to section 19 that are not relevant to this Order.

[^f00030]: 2017 c. 20.

[^f00031]: 1991 c. 59. Section 32 was amended by S.I. 2013/755.

[^f00032]: Section 66 was amended by section 49(3) of and paragraphs 25 and 38 of Schedule 2 to, the Flood and Water Management Act 2010 (c. 29) and section 86 of the Water Act 2014 (c. 21).

[^f00033]: The definition of “drainage” was substituted by section 100(2) of the Environment Act 1995 (c. 25).

[^f00034]: There are amendments to section 86 of the Act which are not relevant to this Order.

[^f00035]: 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.

[^f00036]: 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(11) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11); and Schedule 8 to the New Roads and Street Works Act 1991.

[^f00037]: Section 56 was amended by sections 40 and 43 of, and Schedule 1 to the Traffic Management Act 2004 Act.

[^f00038]: Section 73A was inserted by section 44 of the Traffic Management Act 2004.

[^f00039]: As amended by section 51 of the Traffic Management Act 2004.

[^f00040]: Inserted by section 52 of the Traffic Management Act 2004.

[^f00041]: Schedule 3A was inserted by section 52(2) of, and Schedule 4 to, the Traffic Management Act 2004.

[^f00042]: Section 54 was amended by sections 40(1) and (2) and 49(1) of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00043]: Section 55 was amended by sections 40(1) and (2), 49(2) and 51(9) of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00044]: Section 57 was amended by sections 40(1) and (2) and 52(3) of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00045]: Section 59 was amended by section 42(2) and (3) of the Traffic Management Act 2004 (c. 18).

[^f00046]: Section 60 was amended by section 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00047]: Section 68 was amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00048]: Section 69 was amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00049]: Section 75 was substituted by section 58(2) of the Traffic Management Act 2004.

[^f00050]: Section 54 was amended by section 49(1) of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00051]: Section 265 was amended by paragraph 52 of Schedule 1 to the Infrastructure Act 2015 (c. 7).

[^f00052]: Section 10(2) was amended by section 22 of the New Roads and Street Works Act 1991 Act and by section 1 of, and Schedule 1 to, the Infrastructure Act 2015 (c. 7).

[^f00053]: S.I. 2011/935.

[^f00054]: 2003 c. 21. Schedule 3A was inserted by section 4(2) of, and Schedule 1 to, the Digital Economy Act 2017 (c. 30).

[^f00055]: 1991 c. 56.

[^f00056]: S.I. 2012/936, amended by S.I. 2013/3108 and S.I. 2015/643.

[^f00057]: 2003 c. 21. Schedule 3A was inserted by section 4(2) of, and set out in Schedule 1 to, the Digital Economy Act 2017 (c. 30).

[^f00058]: S.I. 2000/683. See regulations 3(1) and 8(5).

[^f00059]: Section 32 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51).

[^f00060]: 1991 c. 56. Section 106 was amended by sections 35(1) and (8), 43(2) and 56(7) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99 of the Water Act 2003 (c. 37) and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

[^f00061]: S.I. 2016/1154, amended by S.I. 2018/110.

[^f00062]: 1991 c. 57.

[^f00063]: Section 152 was amended by S.I. 2009/1307.

[^f00064]: Section 13 was amended by sections 139 and 148 of, and paragraph 28 of Schedule 13 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00065]: Section 125 was amended by section 216(3) of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22).

[^f00066]: 1981 c. 67.

[^f00067]: Section 8 was amended by paragraphs 1 and 2 of Schedule 17 to the Housing and Planning Act 2016 and by S.I. 2009/1307.

[^f00068]: Schedule 2A was inserted by paragraphs 1 and 3 of Schedule 17 to the Housing and Planning Act 2016.

[^f00069]: 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 section 186 of the Housing and Planning Act 2016.

[^f00070]: Section 152 was amended by S.I. 2009/1307.

[^f00071]: Section 138 was amended by section 23 of the Growth and Infrastructure Act 2013 (c. 27) and S.I. 2017/1285.

[^f00072]: Section 10 was amended by section of, and paragraph 13(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and by S.I. 2009/1307.

[^f00073]: Section 125 was amended by section 190 of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22).

[^f00074]: Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016.

[^f00075]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00076]: Schedule 2A was inserted by section 199 of and paragraph 3 of Schedule 17 to, the Housing and Planning Act 2016,

[^f00077]: Section 5 was amended by paragraph 6 of Schedule 15 to the Housing and Planning Act 2016.

[^f00078]: Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016.

[^f00079]: Section 5B was inserted by section 202(2) of the Housing and Planning Act 2016.

[^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 7(1) was substituted by paragraph 3 of Schedule 18 to the Housing and Planning Act 2016.

[^f00082]: Schedule A1 was inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016.

[^f00083]: Section 153(4A) was inserted by section 200(2) of the Housing and Planning Act 2016.

[^f00084]: Section 11 was amended by section 34(1) of, and paragraph 14(3) of 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, 187 and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22).

[^f00085]: Section 4 was amended by section 184 and 185 of, and paragraph 2 of Schedule 18 to, the Housing and Planning Act 2016.

[^f00086]: Section 152 was amended by S.I. 2009/1307.

[^f00087]: Section 13 was amended by sections 62(3) and 139 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).

[^f00088]: 2003 c. 21.

[^f00089]: S.I. 1997/1160.

[^f00090]: Section 206(1) was amended by paragraph 11 of Schedule 8 to the Planning Act 2008 (c. 29).

[^f00091]: 1990 c. 9.

[^f00092]: Section 212 was amended by paragraph 15 of Schedule 8 and Schedule 13 to the Planning Act 2008.

[^f00093]: Section 213 was amended by paragraph 16 of Schedule 8 to the Planning Act 2008.

[^f00094]: Section 211(1A) was inserted by paragraph 36(2) of Schedule 2 to the Planning Act 2008.

[^f00095]: 1990 c. 43.

[^f00096]: Section 82(2) was amended by section 5(2) of the Noise and Statutory Nuisance Act 1993 (c. 40).

[^f00097]: 1974 c. 40. Section 61 was amended by section 133(2) of, and Schedule 7 to, the Building Act 1984 (c. 55) and section 162 of, and paragraph 15(3) of Schedule 15 to, the Environmental Protection Act 1990 (c. 43).

[^f00098]: Section 61(9) was amended by section 162 of, and paragraph 15 of Schedule 15 to, the Environmental Protection Act 1990.

[^f00099]: 1857 c. 81. Section 25 was substituted by section 2 of the Church of England (Miscellaneous Provisions) Measure 2014 (No. 1).

[^f00100]: S.I. 1950/792.

[^f00101]: 1978 c. 30.

[^f00102]: There are amendments to section 14 but none is relevant to this Order. Section 22 was substituted by S.I. 2013/1883 and amended by section 1(6) of, and paragraph 153 of Schedule 1 to the Infrastructure Act 2015 (c. 7).

[^f00103]: 1990 (c. 43). Section 78A was inserted by section 57 of the Environment Act 1995 (c. 25) and was amended by section 86(2) of the Water Act 2003 (c. 37).

[^f00104]: S.I. 2017/1012.

[^f00105]: 1971 c. 80.

[^f00106]: There are amendments to section 86 which are not relevant to this Order.

[^f00107]: There are amendments to Schedule 6 which are not relevant to this Order.

[^f00108]: S.I. 1978/1548. The 70 miles per hour, 60 miles per hour and 50 miles per hour (Temporary Speed Limit) Order 1977 and the 70 miles per hour, 60 miles per hour and 50 miles per hour (Temporary Speed Limit) (Variation) Order 1978 were not statutory instruments.

[^f00109]: There are amendments to sections 81 and 82 which are not relevant to this Order.

[^f00110]: S.I. 2005/1841.

[^f00111]: S.I. 1961/1970.

[^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 (c. 22).

[^f00115]: Section 11B was inserted by section 187(3) of the Housing and Planning Act 2016 (c. 22).

[^f00116]: Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23) and paragraph 4 of Schedule 16 to the Housing and Planning Act 2016 (c. 22).

[^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]: 1989 c. 29. The definition of “electrical plant” (in section 64) was amended by section 108 of, and paragraphs 24 and 38(1) and (3) of Schedule 6 to, the Utilities Act 2000 (c. 27).

[^f00120]: 1986 c. 44. Section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by sections 3(2) and 76 of, and paragraphs 1 and 4 of Schedule 6, and Schedule 8 to, the Utilities Act 2000 (c. 27), sections 149(1) and (5) and 197(9) of, and part 1 of Schedule 23 to, the Energy Act 2004 (c. 20) and S.I. 2011/2704.

[^f00121]: 1991 c. 56.

[^f00122]: Section 102(4) was amended by section 96(1)(c) of the Water Act 2003 (c. 37) and section 56 of, and paragraph 90 of Schedule 7 to, the Water Act 2014 (c. 21).

[^f00123]: Section 104 was amended by sections 96(4) and 101(2) of, and Part 3 of Schedule 9 to, the Water Act 2003 and by section 42(3) of the Flood and Water Management Act 2010 (c. 29).

[^f00124]: 2003 c. 21.

[^f00125]: See section 106 of the 2003 Act, which was amended by section 4(3) to (9) of the Digital Economy Act 2017 (c. 30). See also Schedule 3A to the 2003 Act, which was inserted by section 4 of, and Schedule 1 to, the Digital Economy Act 2017.

[^f00126]: 1991 c. 56.

[^f00127]: Section 102(4) was amended by section 96(1)(c) of the Water Act 2003 (c. 37) and section 56 of, and paragraph 90 of Schedule 7 to, the Water Act 2014 (c. 21).

[^f00128]: Section 104 was amended by sections 96(4) and 101(2) of, and Part 3 of Schedule 9 to, the Water Act 2003 and by section 42(3) of the Flood and Water Management Act 2010 (c. 29).

[^f00129]: S.I. 2016/1154.

[^f00130]: 1986 c. 44.

[^f00131]: Section 7 was substituted by the Gas Act 1995 (c. 45) and the term “gas transporter” was substituted by section 76(2) of the Utilities Act 2000 (c. 27).

[^f00132]: 1993 c. 43. Section 8 was amended by section 216 of, and Part I of Schedule 2, paragraph 4 of Schedule 17 and Part IV of Schedule 31 to, the Transport Act 2000 (c. 38), by section 16(5) of, and paragraph 5 of Schedule 2 to, the Railways and Transport Safety Act 2003 (c. 20), by sections 1 and 60 of, and paragraph 3 of Schedule 1 and Part 1 of Schedule 13 to, the Railways Act 2005 (c. 14), and by S.I. 2015/1682.

[^f00133]: 2006 c. 46.

[^f00134]: Section 11(3) was amended by paragraph 6 of Schedule 14 to the Housing and Planning Act 2016 (c. 22) and by S.I. 2009/1307.

[^f00135]: 2016 c. 22. Section 203 was amended by section 37(2) of the Neighbourhood Planning Act 2017 (c. 20) and paragraph 5(2) of Schedule 20 to the Environment Act 2021 (c. 30).

[^f00136]: 2016 c. 22. Section 172 was amended by section 26(8)(b) of the Neighbourhood Planning Act 2017.

[^f00138]: Section 272 was amended by paragraph 103(1) and (2) of Schedule 17 to the Communications Act 2003 (c. 21).

Editorial notes

[^key-f6381b1f5be4aa5a3b7ece201c1242b2]: Art. 1 in force at 9.2.2024, see art. 1

[^key-bbe8d4a168743f3763316aa944e69422]: Art. 2 in force at 9.2.2024, see art. 1

[^key-f2729cc783a71cd021e1317ddcc14c2d]: Art. 3 in force at 9.2.2024, see art. 1

[^key-6980f4c1a70a2d57d5272b0b7d0bf19c]: Art. 4 in force at 9.2.2024, see art. 1

[^key-9f59ab86acf6d80d1e1410d0583e5e40]: Art. 5 in force at 9.2.2024, see art. 1

[^key-115576cbaabb32d63555aa241cd642f9]: Art. 6 in force at 9.2.2024, see art. 1

[^key-1d865e38e738c727cdf2d1c05e1e453b]: Art. 7 in force at 9.2.2024, see art. 1

[^key-6539677e655628f3db4a68af042f671a]: Art. 8 in force at 9.2.2024, see art. 1

[^key-2b753dc58b5bec8cb001bba7742eba43]: Art. 9 in force at 9.2.2024, see art. 1

[^key-e2e60b22592f60bf135f69363451881d]: Art. 10 in force at 9.2.2024, see art. 1

[^key-3136b8c73ae19bcef0462b6b97d65e02]: Art. 11 in force at 9.2.2024, see art. 1

[^key-0bbf76bb6f76c42c40a4534666d48b24]: Art. 12 in force at 9.2.2024, see art. 1

[^key-79894183684b5d2042e0366948e2897f]: Art. 13 in force at 9.2.2024, see art. 1

[^key-386fc998a8a17bde11a567c35be0831b]: Art. 14 in force at 9.2.2024, see art. 1

[^key-9b605b2bf74d5ef38970759da861f991]: Art. 15 in force at 9.2.2024, see art. 1

[^key-1fb1273bb964fd32065362760c37093a]: Art. 16 in force at 9.2.2024, see art. 1

[^key-d8527c1bf1e1f8f7086886fa8c31cff0]: Art. 17 in force at 9.2.2024, see art. 1

[^key-520d7919d0b04717c64ee1d0b9435130]: Art. 18 in force at 9.2.2024, see art. 1

[^key-3ae771848457f0c58ef33871b8b2a7e7]: Art. 19 in force at 9.2.2024, see art. 1

[^key-a036a129e0c52ef080cc95224a3e65fd]: Art. 20 in force at 9.2.2024, see art. 1

[^key-944cd88956ab8e8939ec80c2b1d1c95b]: Art. 21 in force at 9.2.2024, see art. 1

[^key-10d6b2c9c8ae7ebefc9a6116e75df981]: Art. 22 in force at 9.2.2024, see art. 1

[^key-c34e1054c9e2c66f02806141e60eecca]: Art. 23 in force at 9.2.2024, see art. 1

[^key-95be056f196cfba9f5a85c56eb8edb6d]: Art. 24 in force at 9.2.2024, see art. 1

[^key-c20a82523d0cbeb7e6faf15f2c56cc0e]: Art. 25 in force at 9.2.2024, see art. 1

[^key-1b90645a1e11c9e9514c43d75993a7d5]: Art. 26 in force at 9.2.2024, see art. 1

[^key-892b6ba071b2b4711e0cf3785bb60c9e]: Art. 27 in force at 9.2.2024, see art. 1

[^key-a31d5ac6fb715155db06be9d9b67e4b9]: Art. 28 in force at 9.2.2024, see art. 1

[^key-278f3637befcc21ad126bb3da1052308]: Art. 29 in force at 9.2.2024, see art. 1

[^key-a31c971df0d9fa5226af811ed79b5923]: Art. 30 in force at 9.2.2024, see art. 1

[^key-68b16d7054c4d7cb7aed015936abdf80]: Art. 31 in force at 9.2.2024, see art. 1

[^key-1c8a106bd8de669a39beb804c312a010]: Art. 32 in force at 9.2.2024, see art. 1

[^key-62ebde17cf869b216722f5e81b57d9b8]: Art. 33 in force at 9.2.2024, see art. 1

[^key-5f8d294b218273e701f50e6f2eaa7bc3]: Art. 34 in force at 9.2.2024, see art. 1

[^key-699a35aeab8ac31aba26cc1fed9cf3c3]: Art. 35 in force at 9.2.2024, see art. 1

[^key-a8a21802eda95829e782496fa296a582]: Art. 36 in force at 9.2.2024, see art. 1

[^key-657642c1be3704b6f552ed1864d785bf]: Art. 37 in force at 9.2.2024, see art. 1

[^key-4106bf67392456fc2e2008d884e0ea84]: Art. 38 in force at 9.2.2024, see art. 1

[^key-454c1037623e486be924e47d8f13d673]: Art. 39 in force at 9.2.2024, see art. 1

[^key-150a42142b93889594948bf32abc2e43]: Art. 40 in force at 9.2.2024, see art. 1

[^key-046fe509357364cfcf7ee4cf1e981525]: Art. 41 in force at 9.2.2024, see art. 1

[^key-f03c8d7222a5a496ae06f827a47281cc]: Art. 42 in force at 9.2.2024, see art. 1

[^key-571db71ce3b12dea795b84fbde8562d3]: Art. 43 in force at 9.2.2024, see art. 1

[^key-2a2652f30cd8d987060dc8d637d670a1]: Art. 44 in force at 9.2.2024, see art. 1

[^key-5b63a1ca729e9fa4f1c72d616b7dde1c]: Art. 45 in force at 9.2.2024, see art. 1

[^key-6450e4513f3a218affc7f9060b5e642d]: Art. 46 in force at 9.2.2024, see art. 1

[^key-e26415a1439be76a23caa06f97e71f88]: Art. 47 in force at 9.2.2024, see art. 1

[^key-eaf592192ffc56caff86477105c16777]: Art. 48 in force at 9.2.2024, see art. 1

[^key-40fc8a00fc71a57b732f488696ff6ead]: Art. 49 in force at 9.2.2024, see art. 1

[^key-ac3edb9e2b02fd2870d70490e8445b87]: Art. 50 in force at 9.2.2024, see art. 1

[^key-90f7688ba831b5357a440e1e5f027d83]: Art. 51 in force at 9.2.2024, see art. 1

[^key-bbcedeff285d7371b8827c4a274fe05e]: Art. 52 in force at 9.2.2024, see art. 1

[^key-a127840c4e236335f498e72c2241e607]: Art. 53 in force at 9.2.2024, see art. 1

[^key-7af1d4ec01f197af286968fd2d579810]: Art. 54 in force at 9.2.2024, see art. 1

[^key-ced203f755576bdc5fd95deb39f1cd9a]: Art. 55 in force at 9.2.2024, see art. 1

[^key-e92f818d08ea2e6c5c061ba7739c7513]: Art. 56 in force at 9.2.2024, see art. 1

[^key-9991f869b660d5fe176bab762c5f0213]: Art. 57 in force at 9.2.2024, see art. 1

[^key-b309601942602919692fd29e77764895]: Art. 58 in force at 9.2.2024, see art. 1

[^key-3508bd471f6c22be4e42e1bf4599b9bf]: Art. 59 in force at 9.2.2024, see art. 1

[^key-8ad89c899bcd01fcbfd241264481b19a]: Art. 60 in force at 9.2.2024, see art. 1

[^key-979128e74d8d6e9bd32f144df4e6f134]: Art. 61 in force at 9.2.2024, see art. 1

[^key-a6e38d72898353174b7c9dd0047e2951]: Sch. 2 para. 1 in force at 9.2.2024, see art. 1

[^key-570a4f6469c63c185be3ef0fa63bd3cf]: Sch. 2 para. 2 in force at 9.2.2024, see art. 1

[^key-8524e3b15fac4ca395e14018cc1e5452]: Sch. 2 para. 3 in force at 9.2.2024, see art. 1

[^key-64f6d5898013b912f7fed473d39183a9]: Sch. 2 para. 4 in force at 9.2.2024, see art. 1

[^key-0c02aecb5f4b8706965a019020a413f5]: Sch. 2 para. 5 in force at 9.2.2024, see art. 1

[^key-6d3c73effe39fe4dfe0df5d475c2938d]: Sch. 2 para. 6 in force at 9.2.2024, see art. 1

[^key-9bf90b0001dc5ce98f62a87acbe47854]: Sch. 2 para. 7 in force at 9.2.2024, see art. 1

[^key-6a0595b3e519b1f8f11d66b154690590]: Sch. 2 para. 8 in force at 9.2.2024, see art. 1

[^key-1d550622e3cffa4ca4fca79a211b05e0]: Sch. 2 para. 9 in force at 9.2.2024, see art. 1

[^key-c8ccf6566977bd8e9be703960df046e0]: Sch. 2 para. 10 in force at 9.2.2024, see art. 1

[^key-a403c9b6ecee708a7bec8967af372294]: Sch. 2 para. 11 in force at 9.2.2024, see art. 1

[^key-bbaeabc2bc25d563dbdcc8cbeccd3c3f]: Sch. 2 para. 12 in force at 9.2.2024, see art. 1

[^key-37e1bec5cc253572b5a84a9dc8901f7e]: Sch. 2 para. 13 in force at 9.2.2024, see art. 1

[^key-e2a7dd89e6da6f105e947e137b2148d1]: Sch. 2 para. 14 in force at 9.2.2024, see art. 1

[^key-feab86892da7c13592944813ff21f051]: Sch. 2 para. 15 in force at 9.2.2024, see art. 1

[^key-b565ef7dfcd2ffa74e4a217ce0b521d8]: Sch. 2 para. 16 in force at 9.2.2024, see art. 1

[^key-193d91d0d1536fbb27d377051a7c2078]: Sch. 2 para. 17 in force at 9.2.2024, see art. 1

[^key-4be9d7b4516f26204267be5bf79bc26b]: Sch. 2 para. 18 in force at 9.2.2024, see art. 1

[^key-a6049e711ff456d4b76b12c0acb59c6f]: Sch. 2 para. 19 in force at 9.2.2024, see art. 1

[^key-dcdfe346d104826ebbecfb15dfe6ac98]: Sch. 2 para. 20 in force at 9.2.2024, see art. 1

[^key-2207bbaa4cd96468bc1d7bbacb02a630]: Sch. 2 para. 21 in force at 9.2.2024, see art. 1

[^key-940efce3a67832401f37ec2a86381532]: Sch. 2 para. 22 in force at 9.2.2024, see art. 1

[^key-17bc3ea8a1334b84f9cc72accd78289b]: Sch. 2 para. 23 in force at 9.2.2024, see art. 1

[^key-2e53dd0c8915d8c6fb940dee09b600c1]: Sch. 2 para. 24 in force at 9.2.2024, see art. 1

[^key-bef0a8e73b123819267464d52c8cd7f7]: Sch. 2 para. 25 in force at 9.2.2024, see art. 1

[^key-4b6e344349668a15a08ee3800beaacae]: Sch. 2 para. 26 in force at 9.2.2024, see art. 1

[^key-330f9a1a78f2b8510a081e0a822a4689]: Sch. 2 para. 27 in force at 9.2.2024, see art. 1

[^key-45ada2b8005cabd60bacda73e87d6100]: Sch. 6 para. 1 in force at 9.2.2024, see art. 1

[^key-aac77f49ac33747382e9d9b7ada21742]: Sch. 6 para. 2 in force at 9.2.2024, see art. 1

[^key-dd18f6c43f21206cd1d20e695fff4771]: Sch. 6 para. 3 in force at 9.2.2024, see art. 1

[^key-adae8b9131f72a1718bdb0bc0d18d3b8]: Sch. 6 para. 4 in force at 9.2.2024, see art. 1

[^key-d559fca1eab86a700047c5e146e30798]: Sch. 6 para. 5 in force at 9.2.2024, see art. 1

[^key-70d2b48a9ba90b999213a78b05b5b7b1]: Sch. 11 para. 1 in force at 9.2.2024, see art. 1

[^key-d785fc7ac153f73a1d187895e0d71e4c]: Sch. 11 para. 2 in force at 9.2.2024, see art. 1

[^key-d9e4fd1d411b1d7a719f3a72bb5ed470]: Sch. 11 para. 3 in force at 9.2.2024, see art. 1

[^key-350edf4e5050228bbba7025189bf108c]: Sch. 11 para. 4 in force at 9.2.2024, see art. 1

[^key-4b7ef8d668e0df61992e505b3a881930]: Sch. 11 para. 5 in force at 9.2.2024, see art. 1

[^key-4db668393ffeb5b69d0dd552f0f4d289]: Sch. 11 para. 6 in force at 9.2.2024, see art. 1

[^key-6c104aab3957e0cd401457fcecf1774b]: Sch. 11 para. 7 in force at 9.2.2024, see art. 1

[^key-5886565a5758f09240b32ac0ec4bd571]: Sch. 11 para. 8 in force at 9.2.2024, see art. 1

[^key-381ae52f58e650d6b7afede777ea0d5f]: Sch. 11 para. 9 in force at 9.2.2024, see art. 1

[^key-d47299e2c8f71b53d2638ad8cf2776a0]: Sch. 11 para. 10 in force at 9.2.2024, see art. 1

[^key-8545f32e6faac8b03147a7168b5dc877]: Sch. 11 para. 11 in force at 9.2.2024, see art. 1

[^key-c448d7b496d8dc848e6e167f9800faa8]: Sch. 11 para. 12 in force at 9.2.2024, see art. 1

[^key-79d51d489f6ec2315d3cd32d170011e5]: Sch. 11 para. 13 in force at 9.2.2024, see art. 1

[^key-46a38914b19382750bd59e589e0ac09b]: Sch. 11 para. 14 in force at 9.2.2024, see art. 1

[^key-b6f159d4fe3921fb0552d7923fb25cd9]: Sch. 11 para. 15 in force at 9.2.2024, see art. 1

[^key-f8295aa1173c6ccf88021723e9c0c23c]: Sch. 11 para. 16 in force at 9.2.2024, see art. 1

[^key-f7f792afc9352f6f7f7e8eaa9ecea5cf]: Sch. 11 para. 17 in force at 9.2.2024, see art. 1

[^key-5c6eb9f0520c59ad3f9dbce6487fca58]: Sch. 11 para. 18 in force at 9.2.2024, see art. 1

[^key-535a838799021dc5a2c2edb0b199662e]: Sch. 11 para. 19 in force at 9.2.2024, see art. 1