The Cottam Solar Project Order 2024

Type Statutory-Instrument
Publication 2024-09-05
Last updated 2024-11-26
State In force
Department King's Printer of Acts of Parliament
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  • ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, is to require the undertaker to submit for EDF’s approval a ground mitigation scheme;
  • ground subsidence event” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme;
  • “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;
  • “maintain” and “maintenance” include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of EDF: construct, use, repair, alter, inspect, renew or remove (including decommission) the apparatus;
  • “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;
  • parent company” means a parent company of the undertaker acceptable to and which approved by EDF acting reasonably; and
  • specified works” means any of the authorised development or activities undertaken in association with the authorised development which— will or may be situated over, or within 15 metres measured in any direction of any apparatus the removal of which has not been required by the undertaker under paragraph 241(2) or otherwise; or may in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 241(2) or otherwise.

On street apparatus

237

Except for paragraphs 238 (apparatus of EDF in stopped up streets), 243 (retained apparatus: protection), 244 (expenses) and 245 (indemnity) of this Part of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of EDF, the other provisions of this Part of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and EDF are regulated by the provisions of Part 3 of the 1991 Act.

Apparatus of EDF in stopped up streets

238

Notwithstanding the temporary prohibition or restriction of any street or public right of way under the powers of article 11 (temporary prohibition or restriction of use of streets and public rights of way), EDF is at liberty at all times to take all necessary access across any such street or public right of way and to execute and do all such works and things in, upon or under any such street or public right of way as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the temporary prohibition or restriction was in that street or public right of way.

Protective works to buildings

239

The undertaker, in the case of the powers conferred by article 18 (protective works to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus without the written consent of EDF.

Acquisition of land

240

  • (1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker may not (a) appropriate or acquire or take temporary possession of or entry to any land or apparatus or (b) appropriate, acquire, extinguish, interfere with or override any easement, other interest or right or apparatus of EDF otherwise than by agreement, such agreement not to be unreasonably withheld.
  • (2) As a condition of an agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised development (or in such other timeframe as may be agreed between EDF and the undertaker) that is subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of EDF or affect the provisions of any enactment or agreement regulating the relations between EDF and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as EDF reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between EDF and the undertaker acting reasonably and which must be no less favourable on the whole to EDF unless otherwise agreed by EDF, and the undertaker will use reasonable endeavours to procure or secure (or both) the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised development.
  • (3) Save where otherwise agreed in writing between EDF and the undertaker, the undertaker and EDF agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation or removal of apparatus (including but not limited to the payment of costs and expenses relating to such relocation and/or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by EDF or other enactments relied upon by EDF as of right or other use in relation to the apparatus, then the provisions in this Part of this Schedule will prevail.
  • (4) As a condition of an agreement between the parties in sub-paragraph (1) which relates to taking temporary access rights during construction over EDF’s land, EDF may ensure that it retains flexibility to alter any construction routes (within the Order Limits) or to limit access for certain time periods, and may require the undertaker to pay any reasonable security and maintenance costs involved in the grant of any such rights.
  • (5) Any agreement or consent granted by EDF under paragraph 9 or any other paragraph of this Part of this Schedule, are not to be taken to constitute agreement under sub-paragraph (1).

Removal of apparatus

241

  • (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in or possesses temporarily any land in which any apparatus is placed, that apparatus may not be removed under this Part of this Schedule and any right of EDF to maintain that apparatus in that land may not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of EDF in accordance with sub-paragraphs (2) to (5) inclusive.
  • (2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to EDF advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order EDF reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), secure any necessary consents for the alternative apparatus and afford to EDF to its satisfaction (taking into account paragraph 242(1)) the necessary facilities and rights—
  • (a) for the construction of alternative apparatus in other land of or land secured by the undertaker; and
  • (b) subsequently for the maintenance, operation and decommissioning of that apparatus.
  • (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, EDF may in its sole discretion, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances to assist the undertaker to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation does not extend to the requirement for EDF to use its compulsory purchase powers to this end unless it elects to so do.
  • (4) Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between EDF and the undertaker.
  • (5) EDF must, after the alternative apparatus to be provided or constructed has been agreed, and subject to a written diversion agreement having been entered into between the parties and the grant to EDF of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

Facilities and rights for alternative apparatus

242

  • (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for EDF facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and EDF and must be no less favourable on the whole to EDF than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by EDF.
  • (2) 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 less favourable on the whole to EDF 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 matter may be referred to arbitration in accordance with paragraph 249 (arbitration) of this Part of this Schedule and the arbitrator must make such provision for the payment of compensation by the undertaker to EDF as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection

243

  • (1) Not less than 56 days before the commencement of any specified works the undertaker must submit to EDF a plan of the works to be executed and request from EDF details of the underground extent of their assets which EDF must provide to the undertaker as soon as reasonably practicable and within 36 days of the submission of such request.
  • (2) In relation to specified works the plan to be submitted to EDF 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 and positioning of plant;
  • (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 regimes; and
  • (g) a ground monitoring scheme, where required.
  • (3) The undertaker may not commence any works to which sub-paragraph (2) applies until EDF has given written approval of the plan so submitted.
  • (4) Any approval of EDF required under sub-paragraph (3)—
  • (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (5) or (7); and
  • (b) must not be unreasonably withheld and must be provided within 42 days of the date of submission of the plan under sub-paragraph (1).
  • (5) In relation to any work to which sub-paragraph (2) applies, EDF may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage, for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any apparatus.
  • (6) Works executed under sub-paragraph (2) must be executed in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (5), as approved or as amended from time to time by agreement between the undertaker and EDF and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (5) or (7) by EDF for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and EDF will be entitled to watch and inspect the execution of those works.
  • (7) Where EDF requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to EDF’s satisfaction prior to the commencement of any specified works (or any relevant part thereof) for which protective works are required and EDF must give notice of its requirement for such works within 42 days of the date of submission of a plan pursuant to this paragraph (except in an emergency).
  • (8) If EDF in accordance with sub-paragraphs (5) or (7) 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 within 42 days of the date of submission of a plan pursuant to this paragraph, paragraphs 235 to 237 and 240 to 242 apply as if the removal of the apparatus had been required by the undertaker under paragraph 241(2).
  • (9) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the specified works, 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.
  • (10) The undertaker will not be 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 EDF notice as soon as is reasonably practicable and a plan of those works and must comply with sub-paragraphs (5), (6) and (7) insofar as is reasonably practicable in the circumstances and comply with sub-paragraph (11) at all times.
  • (11) At all times when carrying out any works authorised under the Order, the undertaker must comply with EDF’s HSEQ Requirement for Contractors (document reference DD_STND_HAS_001) and any document that replaces or supersedes it.

Expenses

244

  • (1) Save where otherwise agreed in writing between EDF and the undertaker and subject to the following provisions of this paragraph, the undertaker must pay to EDF within 30 days of receipt of an itemised invoice or claim from EDF all charges, costs and expenses reasonably anticipated within the following three months or reasonably and properly incurred by EDF in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised development including without limitation—
  • (a) any costs reasonably incurred by or compensation properly paid by EDF in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs incurred by EDF as a consequence of EDF;
  • (b) using its own compulsory purchase powers to acquire any necessary rights under paragraph 241(3); or
  • (c) exercising any compulsory purchase powers in the Order transferred to or benefitting EDF;
  • (d) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus, where no written diversion agreement is otherwise in place;
  • (e) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;
  • (f) the approval of plans;
  • (g) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works; and
  • (h) 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.
  • (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 249 (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 EDF 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 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) Any amount which apart from this sub-paragraph would be payable to EDF 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 EDF 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.
  • (6) Any sums paid by the undertaker to EDF under sub-paragraph (1) relating to anticipated costs and expenses will be returned on demand (in whole or in part as applicable) by EDF to the undertaker if not incurred.

Indemnity

245

  • (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised development 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 them) 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 EDF, or there is any interruption in any service provided, or in the supply of any goods, by EDF, or EDF 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 EDF the cost reasonably and properly incurred by EDF in making good such damage or restoring the supply; and
  • (b) indemnify EDF for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from EDF, by reason or in consequence of any such damage or interruption or EDF becoming liable to any third party other than arising from any default or negligence of EDF.
  • (2) The fact that any act or thing may have been done by EDF on behalf of the undertaker or in accordance with a plan approved by EDF or in accordance with any requirement of EDF or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this sub-paragraph (1) unless EDF 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 or as otherwise agreed between the undertaker and EDF.
  • (3) Nothing in sub-paragraph (1) is to impose 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 EDF, its officers, servants, contractors or agents; or
  • (b) any authorised development or any other works authorised by this Part of this Schedule carried out by EDF as an assignee, transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 of the 2008 Act or article 35 (consent to transfer the benefit of the Order) subject to the proviso that once such works become apparatus (“new apparatus”), any authorised development yet to be executed and not falling within this paragraph (b) will be subject to the full terms of this Part of this Schedule including this paragraph 245; or
  • (c) any 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.
  • (4) EDF 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.
  • (5) EDF must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same manner as it would as if settling third party claims on its own behalf from its own funds.
  • (6) EDF must use its reasonable endeavours to mitigate and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies where it is within EDF’s reasonable ability and control to do so and which expressly excludes any obligation to mitigate liability arising from third parties which is outside of EDF’s control and if reasonably requested to do so by the undertaker EDF must provide an explanation of how the claim has been minimised, where relevant.
  • (7) Not to commence construction (and not to permit the commencement of such construction) of the authorised development on any land owned by EDF or in respect of which EDF has an easement or wayleave for its apparatus or any other interest or to carry out any works within 20 metres of EDF’s apparatus until the following conditions are satisfied provided that the following conditions do not apply in relation to any specified works that are undertaken by EDF—
  • (a) unless and until EDF is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker has first provided the acceptable security (and unless otherwise agreed with EDF (acting reasonably) provided evidence that it will maintain such acceptable security for the construction period of the authorised development from the proposed date of commencement of construction of the authorised development) and EDF has confirmed the same to the undertaker in writing; and
  • (b) unless and until EDF is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker has procured acceptable insurance (and unless otherwise agreed with EDF (acting reasonably) provided evidence to EDF that it will maintain such acceptable insurance for the construction period of the authorised development from the proposed date of commencement of construction of the authorised development) and EDF has confirmed the same in writing to the undertaker.
  • (8) In the event that the undertaker fails to comply with sub-paragraph (7), nothing in this Part of this Schedule will prevent EDF from seeking injunctive relief (or any other equitable remedy) in any court of competent jurisdiction.

Enactments and agreements

246

Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by agreement in writing between EDF 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 EDF 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

247

  • (1) Where in consequence of the proposed construction of any part of the authorised development, the undertaker or EDF requires the removal of apparatus under paragraph 241(2) or EDF makes requirements for the protection or alteration of apparatus under paragraph 243, 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 EDF’s undertaking and EDF must use its best endeavours to co-operate with the undertaker for that purpose.
  • (2) For the avoidance of doubt whenever EDF’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.

Access

248

If in consequence of an agreement or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable EDF to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

249

Any difference or dispute arising between the undertaker and EDF under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and EDF, be determined by arbitration in accordance with article 42 (arbitration).

Notices

250

Notwithstanding article 44 (service of notices), any plans submitted to EDF by the undertaker pursuant to paragraph 243 must be submitted to EDF addressed to the company secretary and copied to the land and estates team and sent to 90 Whitfield Street, London, England, W1T 4EZ or to such other address as EDF may from time to time appoint instead for that purpose and notify to the undertaker in writing.

PART 19 — FOR THE PROTECTION OF BLYTON PARK DRIVING CENTRE

251

The following provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and the Company, and subject to the Company having registered and enforceable property interests in the restricted land permitting the use of that land in accordance with the Blyton Park Driving Centre operations and the Automotive Research and Development Centre planning permission.

252

In this Part of this Schedule—

  • approval” means approval given by the Company in writing, or such approval as is deemed to have been given by the Company in the event it fails to comply with the relevant deadlines set out in this Schedule, or as determined by arbitration;
  • Automotive Research and Development Centre planning permission” means the planning permission granted under the 1990 Act by West Lindsey District Council and given reference number 145015;
  • Automotive Research and Development Centre planning permission site location plan” means the plan with reference BLY-01A which forms part of the Automotive Research and Development Centre planning permission;
  • Blyton Park Driving Centre” means the driving circuit and associated infrastructure located adjacent to Kirton Road, Blyton, Gainsborough, DN21 3PE;
  • Blyton Park Driving Centre operations” means the recreational use of the driving circuit at Blyton Park Driving Centre by drivers of motor cars;
  • the Company” means LNT Aviation Limited, a company incorporated and registered in England and Wales with company number 08323165, having its registered office at Helios 47, Isabella Road, Garforth, Leeds, West Yorkshire, LS25 2DY, which is the owner and operator of Blyton Park Driving Centre;
  • restricted land” means only that land included in plots 01-003, 01-006, 01-007 and the northern half of plot 01-017 located between plots 01-013 and 01-015, shown on the land plan;
  • restricted works” means any works forming any part of Work No. 1C of the authorised development that are within the restricted land; and
  • works details” means plans, section drawings and a method statement demonstrating the measures proposed by the undertaker to ensure the use of the restricted land by— the authorised development; and the Blyton Park Driving Centre operations, can coexist without significant detriment to either of those two uses.

253

  • (1) The undertaker may not submit for approval by the relevant planning authorities written details for that part of Work No. 1C in the restricted land in accordance with requirement 5(1) (detailed design approval) without first confirming to the Company whether the undertaker intends to carry out the restricted works.
  • (2) If the undertaker confirms to the Company that it will carry out the restricted works, and unless a shorter period is otherwise agreed in writing between the undertaker and the Company, not less than 8 weeks before commencing any restricted works, the undertaker must submit to the Company the works details.
  • (3) No restricted works are to be commenced until the works details in respect of those works submitted under sub-paragraph (2) have been approved by the Company.
  • (4) Any approval of the Company required under this sub-paragraph (3) must not be unreasonably withheld or delayed but may be given subject to such reasonable requirements as the Company may require to be made for the safe use of the Blyton Park Driving Centre operations and in accordance with the Automotive Research and Development Centre planning permission.
  • (5) Any approval of the Company required under sub-paragraph (3) including any reasonable requirements required by the Company under sub-paragraph (4), must be made in writing within a period of 4 weeks (unless a shorter period is otherwise agreed in writing between the undertaker and the Company) beginning with the date on which the works details were submitted to the Company under sub-paragraph (2).
  • (6) Work No. 1C must be executed on the restricted land only in accordance with the works details approved by the Company under sub-paragraph (3) including any reasonable requirements notified to the undertaker in accordance with sub-paragraph (4) and the Company is entitled to watch and inspect the execution of those works, subject to it having the necessary property interests in the restricted land to do so.
  • (7) 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 the Company) in no case less than 8 weeks before commencing the execution of any restricted works, new works details, instead of the works details previously submitted, and having done so the provisions of this Part of this Schedule apply to and in respect of the new works details.

254

If the Company notifies the undertaker that it intends to carry out the development permitted by the Automotive Research and Development Centre planning permission, the undertaker will not carry out the authorised development in the area shown edged red on the Automotive Research and Development Centre planning permission site location plan, insofar as this area overlaps with the Order limits, and will communicate such commitment to the Company in writing.

255

Any difference or dispute arising between the undertaker and the Company under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and the Company, be determined by arbitration in accordance with article 42 (arbitration).

256

  • (1) Subject to sub-paragraph (2), the undertaker must pay to the Company any professional fees, costs, charges and expenses which are reasonably and properly incurred by the Company in connection with reviewing and approving the works details in accordance with the provisions of this Part of this Schedule.
  • (2) Prior to incurring any professional fees, costs, charges and expenses to be paid by the undertaker in accordance with sub-paragraph (1), the Company must provide an estimate of the anticipated professional fees, costs, charges and expenses to the undertaker for approval, such approval not to be unreasonably withheld or delayed.
  • (3) The Company must, when estimating and incurring any professional fees, costs, charges and expenses pursuant to this paragraph do so with a view to being reasonably economic and acting as if the Company were itself to fund the relevant professional fees, costs, charges and expenses.

SCHEDULE 16 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Interpretation

1

In this Schedule—

  • discharge” means any consent, agreement or approval required by— a requirement; a document referred to by a requirement; or a document that has been approved pursuant to a requirement;
  • requirement consultee” means any body or authority named in a requirement as a body to be consulted by the relevant planning authority in discharging that requirement; and
  • start date” means the date of the notification given by the Secretary of State under paragraph 4(2)(c).

Applications made under requirement

2

  • (1) Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement, the undertaker will also submit a copy of that application to any requirement consultee.
  • (2) Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement the relevant planning authority must give notice to the undertaker of its decision on the application within a period of thirteen weeks beginning with the later of—
  • (a) the day immediately following that on which the application is received by the authority;
  • (b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 3; or
  • (c) such longer period that is agreed in writing by the undertaker and the relevant planning authority.
  • (3) Subject to paragraph >4, in the event that the relevant planning authority does not determine an application within the period set out in sub-paragraph (2), the relevant planning authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period.
  • (4) Any application made to the relevant planning authority pursuant to sub-paragraph (2) must include a statement to confirm whether it is likely that the subject matter of the application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement and if it will then it must be accompanied by information setting out what those effects are.
  • (5) Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement included in this Order and the relevant planning authority does not determine the application within the period set out in sub-paragraph (2) and is accompanied by a report pursuant to sub-paragraph (4) which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects compared to those in the environmental statement then the application is to be taken to have been refused by the relevant planning authority at the end of that period.

Further information and consultation

3

  • (1) In relation to any application to which this Schedule applies, the relevant planning authority may request such reasonable further information from the undertaker as is necessary to enable it to consider the application.
  • (2) In the event that the relevant planning authority considers such further information to be necessary and the provision governing or requiring the application does not specify that consultation with a requirement consultee is required, the relevant planning authority must, within 20 working days of receipt of the application, notify the undertaker in writing specifying the further information required.
  • (3) If the provision governing or requiring the application specifies that consultation with a requirement consultee is required, the relevant planning authority must issue the consultation to the requirement consultee within 10 working days of receipt of the application, and must notify the undertaker in writing specifying any further information the relevant planning authority considers necessary or that is requested by the requirement consultee within 10 working days of receipt of such a request and in any event within 20 working days of receipt of the application (or such other period as is agreed in writing between the undertaker and the relevant planning authority).
  • (4) In the event that the relevant planning authority does not give notification as specified in sub-paragraph (2) or (3) it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker.
  • (5) Where further information is requested under this paragraph in relation to part only of an application, that part is to be treated as separate from the remainder of the application for the purposes of calculating time periods in paragraph 2 and paragraph 3.

Appeals

4

  • (1) The undertaker may appeal in the event that—
  • (a) the relevant planning authority refuses an application for any consent, agreement or approval required by a requirement included in this Order or grants it subject to conditions;
  • (b) the relevant planning authority is deemed to have refused an application pursuant to paragraph 2(5);
  • (c) on receipt of a request for further information pursuant to paragraph 3 the undertaker considers that either the whole or part of the specified information requested by the relevant planning authority is not necessary for consideration of the application; or
  • (d) on receipt of any further information requested, the relevant planning authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.
  • (2) The steps to be followed in the appeal process are as follows—
  • (a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 2(2), giving rise to the appeal referred to in sub-paragraph (1);
  • (b) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the relevant planning authority and any requirement consultee;
  • (c) the Secretary of State must appoint a person to determine the appeal as soon as reasonably practicable and must, as soon as is reasonably practicable, notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the appointed person’s attention should be sent;
  • (d) the relevant planning authority and any requirement consultee must submit written representations to the appointed person in respect of the appeal within 10 working days of the start date and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;
  • (e) the undertaker may make any counter-submissions to the appointed person within 10 working days of receipt of written representations pursuant to sub-paragraph (d);
  • (f) the appointed person must make their decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable and in any event within 30 working days of the deadline for the receipt of counter-submissions pursuant to sub-paragraph (e); and
  • (g) the appointment of the person pursuant to sub-paragraph (c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.
  • (3) In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal they must, within five working days of the appointed person’s appointment, notify the appeal parties in writing specifying the further information required.
  • (4) Any further information required pursuant to sub-paragraph (3) must be provided by the relevant party to the appointed person and the other appeal parties on the date specified by the appointed person (the “specified date”), and the appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 10 working days of the specified date, but otherwise the process and time limits set out in sub-paragraphs (d) to (f) of sub-paragraph (2) apply.
  • (5) The appointed person may—
  • (a) allow or dismiss the appeal; or
  • (b) reverse or vary any part of the decision of the relevant planning authority (whether the appeal relates to that part of it or not),

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

  • (6) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the relevant time limits, and at their discretion such representations as received outside those time limits.
  • (7) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to them that there is sufficient material to enable a decision to be made on the merits of the case.
  • (8) The decision of the appointed person on an appeal is to be final and binding on the parties, unless proceedings are brought by a claim for judicial review.
  • (9) If an approval is given by the appointed person pursuant to this Schedule, it is to be deemed to be an approval for the purpose of Schedule 2 (requirements) as if it had been given by the relevant planning authority. The relevant planning authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.
  • (10) Save where a direction is given pursuant to sub-paragraph (11) requiring the costs of the appointed person to be paid by the relevant planning authority, the reasonable costs of the appointed person must be met by the undertaker.
  • (11) On application by the relevant planning authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to advice on planning appeals and award costs published in Planning Practice Guidance: Appeals (March 2014) or any circular or guidance which may from time to time replace it.

Fees

5

  • (1) Where an application is made to the relevant planning authority for a discharge, a fee is to apply and must be paid to the relevant planning authority for each application.
  • (2) The fee payable for each application under sub-paragraph (1) is as follows—
  • (a) a fee of £2,535 for the first application for the discharge of each of the requirements 5, 6, 7, 8, 9, 11, 13, 14, 15, 18, 19, and 21;
  • (b) a fee of £578 for each subsequent application for the discharge of each of the requirements listed in paragraph (a) and any application under requirement 5 in respect of the requirements listed in paragraph (a); and
  • (c) a fee of £145 for any application for the discharge of—
  • (i) any other requirements not listed in paragraph (a);
  • (ii) any application under requirement 3 in respect of requirements not listed in paragraph (a); and
  • (iii) any approval required by a document referred to by any requirement or a document approved pursuant to any requirement.
  • (3) Any fee paid under this Schedule must be refunded to the undertaker within four weeks of—
  • (a) the application being rejected as invalidly made; or
  • (b) the relevant planning authority failing to determine the application within the relevant period in paragraph 2(2) unless—
  • (i) within that period the undertaker agrees, in writing, that the fee is to be retained by the relevant planning authority and credited in respect of a future application; or
  • (ii) a longer period of time for determining the application has been agreed pursuant to paragraph 2(2) of this Schedule, as applicable.

Signed

Signed by authority of the Secretary of State

David Wagstaff — Deputy Directory Energy Infrastructure Planning — Department for Energy Security and Net Zero — 5th September 2024

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

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

A copy of the Order plans and the book of reference mentioned in the Order and certified in accordance with article 40 (certification of plans and documents, etc) of this Order may be inspected free of charge during working hours at Lincolnshire County Council, County Offices, Newland, Lincoln, LN1 1YL.

Footnotes

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

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

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

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

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

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

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

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

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

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

[^f00011]: As amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

[^f00012]: 1961 c. 33.

[^f00013]: 1965 c. 56.

[^f00014]: 1980 c. 66.

[^f00015]: 1981 c. 66.

[^f00016]: 1984 c. 27.

[^f00017]: 1989 c. 29.

[^f00018]: 1990 c. 8.

[^f00019]: 1991 c. 22.

[^f00020]: 2008 c. 29.

[^f00021]: As amended by paragraph 10(2) of Schedule 7 to the Planning and Compensation Act 1991 (c. 34).

[^f00022]: 1981 c. 69.

[^f00024]: “highway” is defined in section 328(1). For “highway authority” see section 1.

[^f00025]: 2006 c. 46.

[^f00026]: 1981 c. 67.

[^f00027]: 2003 c. 21.

[^f00028]: “street authority” is defined in section 49, which was amended by paragraph 117 of Schedule 1 to the Infrastructure Act 2015 (c. 7).

[^f00029]: 2006 c. 46.

[^f00030]: Section 121A was inserted by paragraph 70 of Schedule 8 to the 1991 Act, and subsequently amended by section 271 of the Greater London Authority Act 1999 (c. 29); section 1(6) of, and paragraphs 70 and 95 of Schedule 1 to the Infrastructure Act 2015; and S.I. 1999/1920 and S.I. 2001/1400.

[^f00031]: 1991 c. 59. Section 23 was amended by paragraph 192(2) of Schedule 22 to the Environment Act 1995 (c. 25), paragraphs 25 and 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755.

[^f00032]: Section 32 was amended by S.I. 2013/755.

[^f00033]: Section 66 was amended by paragraphs 25 and 38 of Schedule 2 to the Flood and Water Management Act 2010 and section 86 of the Water Act 2014 (c. 21).

[^f00034]: Paragraph 5 was amended by section 100 of the Natural Environment and Rural Communities Act 2006 (c. 16), section 84 of, and paragraph 3 of Schedule 11 to, the Marine and Coastal Access Act 2009 Act (c. 23) and S.I. 2013/775. Paragraph 6 was amended by section 105 of, and paragraph 26 of Schedule 15 to, the Environment Act 1995, sections 224, 233 and 321 of, and paragraphs 20 and 24 of Schedule 16 and Part 5(B) of Schedule 22 to, the Marine and Coastal Access Act 2009 Act (c. 23) and S.I. 2013/755. Paragraph 6A was inserted by section 103(3) of the Environment Act 1995.

[^f00035]: 1991 c. 56. Section 118 was amended by sections 2(2)(b) and 5(5)(f) of the Environment Act 1995 (c. 25) and sections 66(2)(a) and (b) of the Environment (Wales) Act 2016 (anaw 3).

[^f00036]: S.I. 2016/1154. Regulation 12 was amended by S.I. 2018/110.

[^f00037]: 2017 c. 20.

[^f00038]: Section 9 was amended by section 4 of, and paragraph 141 of, Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2013/755. There are other amendments to section 9 that are not relevant to this Order.

[^f00039]: S.I. 2010/948, amended by S.I. 2011/987. There are other amending instruments but none are relevant to this Order.

[^f00040]: 1990 c. 43.

[^f00041]: 1974 c. 40.

[^f00042]: S.I. 2016/362.

[^f00043]: S.I. 2011/935.

[^f00044]: 2004 c. 18.

[^f00045]: 1991 c. 56.

[^f00046]: 1991 c. 57.

[^f00047]: S.I. 2016/1154.

[^f00048]: 1991 c. 57.

[^f00049]: 1991 c. 57.

[^f00050]: 1857 c. 81. Substituted by Church of England (Miscellaneous Provisions) Measure 2014 No. 1, section 2 (January 1, 2015: substitution has effect subject to transitional and saving provisions specified in S.I. 2014/2077, Schedule 1, paragraphs 1 and 2).

[^f00051]: Section 5A to the 1981 Act was inserted by section 182(2) of the Housing and Planning Act 2016 (c. 22). The existing section 5A was renumbered as section 5A(1), words are substituted and section 5A(2) inserted by section 185(3)(a) of the Levelling-up and Regeneration Act 2023 (c. 55).

[^f00052]: 2003 c. 21.

[^f00053]: S.I. 1997/1160.

[^f00054]: 1978 c. 30.

[^f00055]: 1845 c. l.

[^f00056]: 1846 c. lxxi.

[^f00057]: 1846 c. ccciv.

[^f00058]: 1847 c. cxc.

[^f00059]: 1887 c. cxv.

[^f00060]: 1906 c. lvii.

[^f00061]: 1907 c. lxxviii.

[^f00062]: 1928 c. lxvii.

[^f00063]: 1971 c. xiii.

[^f00064]: 1977 c. i.

[^f00065]: 1973 c. 26.

[^f00066]: 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 1958 (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) 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.

[^f00067]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00068]: Section 11B was inserted by section 187(3) of the Housing and Planning Act 2016.

[^f00069]: Section 12 was amended by sections 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.

[^f00070]: 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).

[^f00071]: Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.

[^f00072]: 1991 c. 56.

[^f00073]: 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).

[^f00074]: 2003 c. 21.

[^f00075]: 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).

[^f00076]: 1989 c. 29.

[^f00077]: 1995 c. 45.

[^f00078]: 1991 c. 57.

[^f00079]: S.I. 2010/675.

[^f00080]: 1991 c. 59.

[^f00081]: 1993 c. 43.

Editorial notes

[^key-024608e3d28a371003d8f7d1f9b211fa]: Art. 1 in force at 27.9.2024, see art. 1

[^key-8261c900a49002b4820713cf722504c8]: Art. 2 in force at 27.9.2024, see art. 1

[^key-1ec0ef10dd837dbce6bd085d646c01e6]: Art. 3 in force at 27.9.2024, see art. 1

[^key-c6d4edd307a94923e701ed5d2ab018c2]: Art. 4 in force at 27.9.2024, see art. 1

[^key-0ced6f0e9ca81981b70b3cdb4f94460f]: Art. 5 in force at 27.9.2024, see art. 1

[^key-b5d4a7a85ab1150c0abbf4e3a9288900]: Art. 6 in force at 27.9.2024, see art. 1

[^key-9bafed15501a6e42becdd39a8eb43abf]: Art. 7 in force at 27.9.2024, see art. 1

[^key-83f8eb95e22825d9647cf8c7822401ae]: Art. 8 in force at 27.9.2024, see art. 1

[^key-38395a874266f07f5129caa914f699a5]: Art. 9 in force at 27.9.2024, see art. 1

[^key-05dd8b1dfb986962edc0026df56b8e33]: Art. 10 in force at 27.9.2024, see art. 1

[^key-01e383c9992506bffdbb80b5b825b6ec]: Art. 11 in force at 27.9.2024, see art. 1

[^key-1baebfc9cbb8de596c968e18280c7665]: Art. 12 in force at 27.9.2024, see art. 1

[^key-124be5604ac8386e0c36e143e74b8a3c]: Art. 13 in force at 27.9.2024, see art. 1

[^key-77df4dd12672fe73daf25a8f034f592b]: Art. 14 in force at 27.9.2024, see art. 1

[^key-09958b5657bc73b6669c1bf12d751934]: Art. 15 in force at 27.9.2024, see art. 1

[^key-e4cecd11334f7356fb8af81038bd38fc]: Art. 16 in force at 27.9.2024, see art. 1

[^key-4ae7d6dc17534068e3cb81d365ef595e]: Art. 17 in force at 27.9.2024, see art. 1

[^key-eeebcd20bc6515fb21c8ffd86b25f6c1]: Art. 18 in force at 27.9.2024, see art. 1

[^key-a7b0ec69523e2b6a306be15c696b7fa2]: Art. 19 in force at 27.9.2024, see art. 1

[^key-8c95bfea6c065f68afa9810252baea01]: Art. 20 in force at 27.9.2024, see art. 1

[^key-1720c8c0221ed3c4bf5b16ba5b2ec6cf]: Art. 21 in force at 27.9.2024, see art. 1

[^key-1e9f43fb4516d9b4ba4fc178184ce6ad]: Art. 22 in force at 27.9.2024, see art. 1

[^key-ab36c08758e29fade8d3e23cc7191ef3]: Art. 23 in force at 27.9.2024, see art. 1

[^key-7e8685b39cc170cc0348fb86a7abd6ad]: Art. 24 in force at 27.9.2024, see art. 1

[^key-f2ad5c82498b0728f277d1eddb88f6c6]: Art. 25 in force at 27.9.2024, see art. 1

[^key-a7a9a28af2777a6f186ac44216561ef7]: Art. 26 in force at 27.9.2024, see art. 1

[^key-2b0015a701cdbafe5fb1d267f343b45a]: Art. 27 in force at 27.9.2024, see art. 1

[^key-608e59a194be101bf16952600e8655af]: Art. 28 in force at 27.9.2024, see art. 1

[^key-6f875c83a2eedafa83ed9fda34ee090c]: Art. 29 in force at 27.9.2024, see art. 1

[^key-8bfacc0b56b544564c40a2063c7c63f7]: Art. 30 in force at 27.9.2024, see art. 1

[^key-7fd9491443064dc3e9718585594b251e]: Art. 31 in force at 27.9.2024, see art. 1

[^key-cb1fd401d5d97ee730e8b557c9eb5ced]: Art. 32 in force at 27.9.2024, see art. 1

[^key-56834d1003bcd766cf539d50c095c58f]: Art. 33 in force at 27.9.2024, see art. 1

[^key-e25ad8605bb758e3335d358c4e1b6058]: Art. 34 in force at 27.9.2024, see art. 1

[^key-6aac302f23aeb44e279c1dff9049d5a3]: Art. 35 in force at 27.9.2024, see art. 1

[^key-b6d290eb0938e5b9e34d024c217156b4]: Art. 36 in force at 27.9.2024, see art. 1

[^key-59033d6b1eafa089bbf6a027ed50efa3]: Art. 37 in force at 27.9.2024, see art. 1

[^key-09274532390c77795be59f34cdb8d2f5]: Art. 38 in force at 27.9.2024, see art. 1

[^key-6817cc969fe8110d35fa6a2a0ebc551d]: Art. 39 in force at 27.9.2024, see art. 1

[^key-2af2f2788ded48f3c72655fa1df59421]: Art. 40 in force at 27.9.2024, see art. 1

[^key-a6b74547b34be723b4aa09ffe4ebe3e4]: Art. 41 in force at 27.9.2024, see art. 1

[^key-f7a92c1c3b17de09479f779a25bcb5c0]: Art. 42 in force at 27.9.2024, see art. 1

[^key-e48e3f3fe898a823cfca6f15727973ec]: Art. 43 in force at 27.9.2024, see art. 1

[^key-9c83b82692c3ffee1b0fc48dff653db0]: Art. 44 in force at 27.9.2024, see art. 1

[^key-4ffddf50e0fad587679881528cfd5f00]: Art. 45 in force at 27.9.2024, see art. 1

[^key-013460d02d16c0c52369de92538f849d]: Art. 46 in force at 27.9.2024, see art. 1

[^key-ebb2a8fb9b61c1f49d3e3a7acd95e41b]: Art. 47 in force at 27.9.2024, see art. 1

[^key-8a3e5ec670c96d0fd127682c748b6c3c]: Art. 48 in force at 27.9.2024, see art. 1

[^key-74c750f8bfc0fd2d54bc77bc2da81509]: Sch. 1 para. 1 in force at 27.9.2024, see art. 1

[^key-3a7a5ff94c6a4157b20bbdc1f413783a]: Sch. 2 para. 1 in force at 27.9.2024, see art. 1

[^key-ecfb39f849699b09be98de867f45585b]: Sch. 2 para. 2 in force at 27.9.2024, see art. 1

[^key-074003852621fe3e3596d6e5e3c77d39]: Sch. 2 para. 3 in force at 27.9.2024, see art. 1

[^key-97fa5920b5f8a8928e6ea06f2f300811]: Sch. 2 para. 4 in force at 27.9.2024, see art. 1

[^key-70b1bd9dce89fe4db4a932574454044d]: Sch. 2 para. 5 in force at 27.9.2024, see art. 1

[^key-0b849879b7abac47a96115c6bd59808e]: Sch. 2 para. 6 in force at 27.9.2024, see art. 1

[^key-41405a833ea8b5d81d043033fd501163]: Sch. 2 para. 7 in force at 27.9.2024, see art. 1

[^key-d963d9fd9d98fc2754da35b6b3c98998]: Sch. 2 para. 8 in force at 27.9.2024, see art. 1

[^key-a00c8cb16a397ee3ed0dcf5d97baf94e]: Sch. 2 para. 9 in force at 27.9.2024, see art. 1

[^key-5515fdfce93bf754a1fcd6f64457c1a9]: Sch. 2 para. 10 in force at 27.9.2024, see art. 1

[^key-cdc81a62fc696656280b2cd683e275a7]: Sch. 2 para. 11 in force at 27.9.2024, see art. 1

[^key-7336ecd840ed10e71c00883b99b0ca82]: Sch. 2 para. 12 in force at 27.9.2024, see art. 1

[^key-fdf3e80a52bf687855b5d69d132d38c4]: Sch. 2 para. 13 in force at 27.9.2024, see art. 1

[^key-7304dc4fee90634978edec81188c210d]: Sch. 2 para. 14 in force at 27.9.2024, see art. 1

[^key-e6015680abe962befc674713b1ee70a3]: Sch. 2 para. 15 in force at 27.9.2024, see art. 1

[^key-d74618db11e1761b1d7887207bf67344]: Sch. 2 para. 16 in force at 27.9.2024, see art. 1

[^key-49d141cd3fcb41d8e2f1bb3ef44c1efe]: Sch. 2 para. 17 in force at 27.9.2024, see art. 1

[^key-49c098bccd02549ed5d6ec59fa05eb3c]: Sch. 2 para. 18 in force at 27.9.2024, see art. 1

[^key-0db5ca946b953b2de0bc59547e4e79f7]: Sch. 2 para. 19 in force at 27.9.2024, see art. 1

[^key-3395935b270c960f92cff4c0e28f7f03]: Sch. 2 para. 20 in force at 27.9.2024, see art. 1

[^key-9b5f17f3dba0c06bfda0fbc542754231]: Sch. 2 para. 21 in force at 27.9.2024, see art. 1

[^key-154392384631018edb1554a0628c155c]: Sch. 2 para. 22 in force at 27.9.2024, see art. 1

[^key-eeeac5e53fe77825f85dd15b344b0f95]: Sch. 3 para. 1 in force at 27.9.2024, see art. 1

[^key-eb75f502f93d726b6749a3e1fe9f8fa3]: Sch. 10 para. 1 in force at 27.9.2024, see art. 1

[^key-50dbe0fcd25f439f56ad1394bf2defe0]: Sch. 10 para. 2 in force at 27.9.2024, see art. 1

[^key-0efd213da8f61b3936073fe7528aedc1]: Sch. 10 para. 3 in force at 27.9.2024, see art. 1

[^key-3d2a0328ac6d16dd6e93ffa9983f8461]: Sch. 10 para. 4 in force at 27.9.2024, see art. 1

[^key-3fb7c7ed96c7f31f7b0696f29fc63836]: Sch. 10 para. 5 in force at 27.9.2024, see art. 1

[^key-5550bcda23674db4536a398dd43a54c2]: Sch. 14 para. 1 in force at 27.9.2024, see art. 1

[^key-b7c504758f229dc4df8c88d67d91e7ac]: Sch. 14 para. 2 in force at 27.9.2024, see art. 1

[^key-4fde49e3f7862b0dd63cfeb7a3d2d2b4]: Sch. 14 para. 3 in force at 27.9.2024, see art. 1

[^key-15a8a50cbb10d0aa2eac6b0e5094502e]: Sch. 14 para. 4 in force at 27.9.2024, see art. 1

[^key-af57138570405c9cfdfe544b99fb0447]: Sch. 14 para. 5 in force at 27.9.2024, see art. 1

[^key-a98b5eeb5e17b838ab6c0dd3537c8294]: Sch. 14 para. 6 in force at 27.9.2024, see art. 1

[^key-fec509541c54cc94e726199a39c81e39]: Sch. 14 para. 7 in force at 27.9.2024, see art. 1

[^key-ca326faea441016b9dbb3798e9102d4d]: Sch. 15 para. 1 in force at 27.9.2024, see art. 1

[^key-33364dd2c683edf8965db2e3fd3e38d8]: Sch. 15 para. 2 in force at 27.9.2024, see art. 1

[^key-bb7047970a0d2aa61436eb93f0c8f962]: Sch. 15 para. 3 in force at 27.9.2024, see art. 1

[^key-849a3742e0887222f44d83c7c2ed93a1]: Sch. 15 para. 4 in force at 27.9.2024, see art. 1

[^key-27e90549a1bed402d22e4ca1815fff07]: Sch. 15 para. 5 in force at 27.9.2024, see art. 1

[^key-1a6c88b7be9794740e8279750898a1a4]: Sch. 15 para. 6 in force at 27.9.2024, see art. 1

[^key-0f201e91bc4697ba50db7122ddea53ab]: Sch. 15 para. 7 in force at 27.9.2024, see art. 1

[^key-e478e5c23a2d9b4d7f6fe8bd36da8b29]: Sch. 15 para. 8 in force at 27.9.2024, see art. 1

[^key-c1218e1d41d97b8b980294d8d4782287]: Sch. 15 para. 9 in force at 27.9.2024, see art. 1

[^key-af91a37feb2708aa0fef1989983e8c4b]: Sch. 15 para. 10 in force at 27.9.2024, see art. 1

[^key-dd20e4e7d0c2d46bdfba2683180fa84c]: Sch. 15 para. 11 in force at 27.9.2024, see art. 1

[^key-a9c85a2eb2498825313eb1903fb3cd04]: Sch. 15 para. 12 in force at 27.9.2024, see art. 1

[^key-227c0d67c2a3652e7735402db316adfd]: Sch. 15 para. 13 in force at 27.9.2024, see art. 1

[^key-ba40cd9e1f63bb6b02609a5cff6709ec]: Sch. 15 para. 14 in force at 27.9.2024, see art. 1

[^key-04ecef90e6b95dd23888d3016e5c13e5]: Sch. 15 para. 15 in force at 27.9.2024, see art. 1

[^key-05fdde702a7e12d86334043e2e1157ec]: Sch. 15 para. 16 in force at 27.9.2024, see art. 1

[^key-ce15fab9662d9a00515d361a3de3e6f6]: Sch. 15 para. 17 in force at 27.9.2024, see art. 1

[^key-3af4117625d6d302e2aebc4edfe29994]: Sch. 15 para. 18 in force at 27.9.2024, see art. 1

[^key-aa04f68454d08a039abab9b943a294ac]: Sch. 15 para. 19 in force at 27.9.2024, see art. 1

[^key-fde512d880127563ac2868287e4b7804]: Sch. 15 para. 20 in force at 27.9.2024, see art. 1

[^key-cc50114393b83e32950ead58e3198f3e]: Sch. 15 para. 21 in force at 27.9.2024, see art. 1

[^key-3f4e73b2d093e89dcd202cb3e942093c]: Sch. 15 para. 22 in force at 27.9.2024, see art. 1

[^key-3e230f5e73a033b6fb47b9a8aa5685f3]: Sch. 15 para. 23 in force at 27.9.2024, see art. 1

[^key-7537a1c3ff3e56910864e23ba233eb2d]: Sch. 15 para. 24 in force at 27.9.2024, see art. 1

[^key-14134a7ec0a06293fb644c617581adec]: Sch. 15 para. 25 in force at 27.9.2024, see art. 1

[^key-218c3fdf2f8f815b5de2f8b6193ec9ec]: Sch. 15 para. 26 in force at 27.9.2024, see art. 1

[^key-a0e3e7d30d99c05813f371993bd0d967]: Sch. 15 para. 27 in force at 27.9.2024, see art. 1

[^key-49d2b73e0187ec73ddc87113b9bb9eb3]: Sch. 15 para. 28 in force at 27.9.2024, see art. 1

[^key-03f571f0c4ff167b51ab58e41c9b83b8]: Sch. 15 para. 29 in force at 27.9.2024, see art. 1

[^key-89fd5d62d2892334153e3fdae7761c67]: Sch. 15 para. 30 in force at 27.9.2024, see art. 1

[^key-67695188bd0d29bc7fe379eeb19de20b]: Sch. 15 para. 31 in force at 27.9.2024, see art. 1

[^key-eb08fa5da34588a0fadd56ca396d6862]: Sch. 15 para. 32 in force at 27.9.2024, see art. 1

[^key-6472cf52d77dc7fd4da7e6fc67588e26]: Sch. 15 para. 33 in force at 27.9.2024, see art. 1

[^key-4fa4c680d23a2b4aec4cdd2d24328747]: Sch. 15 para. 34 in force at 27.9.2024, see art. 1

[^key-876f6c408c5720aab07c66808e8aba9f]: Sch. 15 para. 35 in force at 27.9.2024, see art. 1

[^key-510cf68ffaa1ff5a1b4eef29c840dff9]: Sch. 15 para. 36 in force at 27.9.2024, see art. 1

[^key-5108e566ce9df18134b51bb88ea21e1c]: Sch. 15 para. 37 in force at 27.9.2024, see art. 1

[^key-514ef23bdca5989379d291ea2ad092ac]: Sch. 15 para. 38 in force at 27.9.2024, see art. 1

[^key-69ce6e9eeb0ee8cb8d36c19035bbe994]: Sch. 15 para. 39 in force at 27.9.2024, see art. 1

[^key-e50de1580446fd4b836fac62346bf304]: Sch. 15 para. 40 in force at 27.9.2024, see art. 1

[^key-f4d321ce56bb4d8bc1114cfbed1aa804]: Sch. 15 para. 41 in force at 27.9.2024, see art. 1

[^key-fa8eef900bb0fd0dda6098ee860bc9df]: Sch. 15 para. 42 in force at 27.9.2024, see art. 1

[^key-57f0f2b6e8662860ce9ed3f6794b1019]: Sch. 15 para. 43 in force at 27.9.2024, see art. 1

[^key-c1f545d4c83ab0c47e0598b14e266a37]: Sch. 15 para. 44 in force at 27.9.2024, see art. 1

[^key-f8730fbc338aba5f810fb212c16db334]: Sch. 15 para. 45 in force at 27.9.2024, see art. 1

[^key-098fdc157b66f24457d84a3949d07068]: Sch. 15 para. 46 in force at 27.9.2024, see art. 1

[^key-4c310d896d832a8eca98a1ba983e63d1]: Sch. 15 para. 47 in force at 27.9.2024, see art. 1

[^key-ec383e0251966c87fd3a27c8c04f7849]: Sch. 15 para. 48 in force at 27.9.2024, see art. 1

[^key-736bcdd18a2ebcd437e6a77b6f7e2e99]: Sch. 15 para. 49 in force at 27.9.2024, see art. 1

[^key-926df687b3626ba196c41c088bee3b6c]: Sch. 15 para. 50 in force at 27.9.2024, see art. 1

[^key-df0946d6a8d095a3c3f23590a85844be]: Sch. 15 para. 51 in force at 27.9.2024, see art. 1

[^key-cc48f601655eb95c100ff5f837d54623]: Sch. 15 para. 52 in force at 27.9.2024, see art. 1

[^key-3dd841414c35c2d9f32d9644155a0f93]: Sch. 15 para. 53 in force at 27.9.2024, see art. 1

[^key-f46c8dfbab4d0ec669365c4bc1d7ba64]: Sch. 15 para. 54 in force at 27.9.2024, see art. 1

[^key-981eb0520065d00046f2f6f9ff789776]: Sch. 15 para. 55 in force at 27.9.2024, see art. 1

[^key-fdb0461e32d2cd786fdd390a4f62e71b]: Sch. 15 para. 56 in force at 27.9.2024, see art. 1

[^key-0e5e825ca9b307f888180a4b31f650f8]: Sch. 15 para. 57 in force at 27.9.2024, see art. 1

[^key-1a53b2ab04259a0c918090ef090c943c]: Sch. 15 para. 58 in force at 27.9.2024, see art. 1

[^key-31d3068c977113e176f82ecfb18e809b]: Sch. 15 para. 59 in force at 27.9.2024, see art. 1

[^key-097ec485ce0754831f28e987e3f2ac5f]: Sch. 15 para. 60 in force at 27.9.2024, see art. 1

[^key-6685b059b85501af2379a87b33fd331a]: Sch. 15 para. 61 in force at 27.9.2024, see art. 1

[^key-e5791210abd1bac3af0e375a3ef8a92b]: Sch. 15 para. 62 in force at 27.9.2024, see art. 1

[^key-9d6a8afb551a9bf545980b503e8a037a]: Sch. 15 para. 63 in force at 27.9.2024, see art. 1

[^key-128c5a62a2044df69d93603bb6755ca5]: Sch. 15 para. 64 in force at 27.9.2024, see art. 1

[^key-36e62b27498c5d76454a39e0c35eb005]: Sch. 15 para. 65 in force at 27.9.2024, see art. 1

[^key-858d3ccfa11492fed26416220767fdab]: Sch. 15 para. 66 in force at 27.9.2024, see art. 1

[^key-951fe3690daa7e4f180373a9e317f7e6]: Sch. 15 para. 67 in force at 27.9.2024, see art. 1

[^key-ee104219e73703819c07b7dffd151503]: Sch. 15 para. 68 in force at 27.9.2024, see art. 1

[^key-5b339820e7bddc62d0fe687c43a35340]: Sch. 15 para. 69 in force at 27.9.2024, see art. 1

[^key-e584f9a2d48d1cd16d44b442b73b4395]: Sch. 15 para. 70 in force at 27.9.2024, see art. 1

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