The Morecambe Offshore Windfarm Generation Assets Order 2025

• “Harbour Energy” means Chrysaor Resources (Irish Sea) Limited, a subsidiary of Harbour Energy PLC;

• “Harbour Protective Provisions Plan” means the plan certified as the Harbour Protective Provisions Plan by the Secretary of State under article 12 (certification of documents and plans etc.) of this Order;

• “licence” means United Kingdom Petroleum Production Licence P099;

• “ministerial statement” means the written statement given by the Secretary of State for Energy and Climate Change to the UK Parliament regarding Crown Estate Leases for Offshore Renewables Projects on 12 July 2011, or any similar supplementary or replacement policy;

• “owner” means the owners from time to time of the Calder Field, which at the date stated in article 1 (citation and commencement) of this Order is Harbour Energy;

• “owner’s works” means any exploration, appraisal, development, production, maintenance, interventions or decommissioning activity in accordance with and pursuant to the licence or any statutory decommissioning plan required under the Petroleum Act 1998 in relation to the Calder Field Facilities;

• “pipeline and cable proximity area” means the area five hundred meters (500m) either side and directly above the pipeline and cable, shown edged pink and annotated as the pipeline and cable proximity area on the Harbour Protective Provisions Plan;

• “pipeline” means— the 3″ Rivers onshore terminal to Calder chemical pipeline with pipeline reference number PL1965; and the 24″ Calder to Rivers onshore terminal gasp pipeline with pipeline reference number PL1966, shown green and annotated as the Calder to Rivers Onshore Terminal (PL1966) and Rivers Onshore Terminal to Calder (PL1965) on the Harbour Protective Provisions Plan, together with any associated umbilicals, plant and equipment serving those pipelines;

• “relevant activities” means all development activity relating to the carrying on of the undertaker’s and owner’s businesses within or adjacent to— the pipeline and cable proximity area; the WTG and OSP aviation buffer zone; the WTG and OSP marine buffer zone; or the WTG marine corridor, as the case may be, including (but not limited to) the preparation of development proposals, the submission of applications for statutory consents associated with those proposals and consultation in respect thereof, or the acquisition of or application for new oil or gas blocks;

• “temporary surface infrastructure” means any fixed temporary infrastructure to be used in the construction, operation and maintenance, and decommissioning of the authorised development including, but not limited to, jack up barges and buoys, but does not include temporary surface infrastructure in transit;

• “WTG and OSP aviation buffer zone” means— a circular area of three point seven six nautical miles (3.76 nm) of clear airspace measured from the nearest outer extremity edge of the Calder Platform to any tip from any wind turbine generator located within this Order limits and extending vertically from mean sea level; and a circular area three point seven six nautical miles (3.76 nm) of clear airspace measured from the nearest outer extremity edge of CPP1 to any tip from any wind turbine generator located within this Order limits; each as shown edged dashed purple annotated as the WTG and OSP aviation buffer zone on the Harbour Protective Provisions Plan;

• “WTG and OSP marine buffer zone” means an area of one nautical mile (1 nm) measured from the outer extremity edge of the Calder Platform and extending vertically from mean sea level shown edged in light green and annotated and shown as the WTG and OSP marine buffer zone on the Harbour Protective Provisions Plan;

• “WTG marine corridor” means a one nautical mile (1 nm) wide corridor of clear sea space between the Calder Platform and CPP1 edged in dark green and annotated and shown as the WTG marine corridor on the Harbour Protective Provisions Plan.

Restriction on authorised development

3

• (1) No wind turbine generator, offshore substation platform or temporary surface infrastructure shall be erected in the pipeline and cable proximity area, the WTG and OSP marine buffer zone or the WTG marine corridor unless otherwise agreed in writing between the owner and the undertaker.

• (2) In the case of temporary surface infrastructure the owner may not unreasonably withhold consent where the undertaker has been reasonably requested to place temporary infrastructure in the pipeline and cable proximity area, the WTG and OSP marine buffer zone or the WTG marine corridor by a statutory consultee.

4

Prior to 1st January 2029, no wind turbine generator or offshore substation platform shall be erected in the WTG and OSP aviation buffer zone unless otherwise agreed in writing between the owner and the undertaker.

5

The restrictions in paragraphs 3 and 4 in the WTG and OSP aviation buffer zone, WTG and OSP marine buffer zone, and WTG marine corridor shall cease to have effect if the Secretary of State, having consulted with the owner, has confirmed in writing that the Calder Field Facilities have been decommissioned.

Coexistence agreement

6

Prior to the commencement of construction of the authorised development, the undertaker and the owner shall use reasonable endeavours to enter into a coexistence agreement (which includes provision for proximity agreements on standard UK oil and gas industry terms and arrangements for coordinating marine access and simultaneous operations).

Provision of information

7

Without prejudice to any other rights or obligations under this Part of this Schedule the owner and the undertaker shall from time to time keep each other informed of relevant activities such that the owner and the undertaker may seek to agree solutions to allow those activities to successfully co-exist as far as reasonably practicable until completion of activities required under any statutory decommissioning plan required under the Petroleum Act 1998 in relation to the Calder Field Facilities.

Cooperation

8

The undertaker and the owner must each act in good faith and use reasonable endeavours to cooperate with, and provide assistance to, each other as may be required to give effect to the provisions of this Schedule.

9

Nothing in this Part of this Schedule shall affect any rights or obligations or assessment of compensation in accordance with the ministerial statement and any associated guidance.

Arbitration

10

Any difference arising between the undertaker and the owner under this Part shall be referred to and settled by arbitration under article 15 (arbitration).

PART 3 — For the protection of Spirit Energy Production UK Limited

Application

1

For the protection of the licensee from time to time of the United Kingdom petroleum production licenses with references P.251, P.1483 and P.153 (as the same may be assigned, amended or replaced from time to time) which at the date stated in article 1 (citation and commencement) of this Order is Spirit Energy Production UK Limited, the provisions of this Part of this Schedule shall have effect for so long as any of the said licences shall remain extant unless otherwise agreed in writing between the undertaker and the licensee.

Interpretation

2

In this Part of this Schedule—

• “additional costs” means any additional costs reasonably and properly incurred and evidenced by the licensee in carrying out the licensee’s operations (which for the avoidance of doubt includes decommissioning operations) caused by the construction, operation or decommissioning of the authorised development (and includes all reasonable costs incurred by the licensee in engaging and retaining such experts, consultants and contractors as may be reasonably necessary to allow the licensee to carry out its operations under the licence) but excluding any costs prior to 1 June 2029 and consequential loss;

• “AP-1 helideck” means the helideck located on the accommodation platform at CPC the coordinates of which are— Location Lat WGS84 (DD MM SS.sss) Lon WGS84 (DD MM SS.sss) AP-1 helideck53° 50’ 44.348” N003° 35’ 00.579” W

• “authorised development” has the same meaning as in Schedule 1 of this Order and shall include any part of the said works including any preparatory works;

• “cable” means the power and telecommunications cables connecting CPC to the DP3 wells shown terracotta pink and annotated as CPC to DP3 on the Spirit Protective Provisions Plan;

• “Calder Platform” means the normally unattended, minimum facilities wellhead platform located in the United Kingdom Continental Shelf Block 110/7a D;

• “cessation of production” or “COP” means the date on which production from the relevant field/reservoir permanently ceases for whatever reason, as formally notified to the Oil and Gas Authority of the United Kingdom (trading as the North Sea Transition Authority);

• “consequential loss” means, with the exception of foreseeable losses— any consequential or indirect loss under English law; or any of the following in each case whether direct or indirect to the extent that these are not included in (a)— loss or damage arising out of any delay, postponement, interruption or loss of production of hydrocarbons, any inability to produce, process or deliver hydrocarbons or any loss of or anticipated loss of use, profit or revenue (for the avoidance of doubt the undertaker and licensee do not consider such to be foreseeable losses); loss or damage incurred or liquidated or pre-estimated damages of any kind whatsoever borne or payable under any contract for sale, exchange, transportation, processing, storage or other disposal of hydrocarbons (for the avoidance of doubt the undertaker and licensee do not consider such to be foreseeable losses); loss of expectation or opportunity; or any other loss or anticipated loss or damage whatsoever in the nature of or consequential upon the foregoing, in either case (a) or (b) above howsoever caused or arising whether under contract, by virtue of any fiduciary duty, in tort or delict (including negligence), as a consequence of breach of any duty (statutory or otherwise) or under any other legal doctrine or principle whatsoever whether or not recoverable at common law or in equity and whether or not foreseeable at the date stated in article 1 (citation and commencement) of this Order;

• “CPC” means the hydrocarbon production and processing facilities complex known generally as such or the Central Processing Complex located in the United Kingdom Continental Shelf Block 110/2a, 110/3a and 110/8a;

• “DP-1 helideck” means the helideck located on drilling production platform 1 located at CPC the coordinates of which are— Location Lat WGS84 (DD MM SS.sss) Lon WGS84 (DD MM SS.sss) DP-1 helideck53° 50’ 45.272” N003° 34’ 50.140” W

• “DP-6 helideck” means the helideck located on drilling production platform 6 the coordinates of which are— Location Lat WGS84 (DD MM SS.sss) Lon WGS84 (DD MM SS.sss) DP-6 helideck53° 51’ 50.155” N003° 37’ 04.993” W

• “DP-8 helideck” means the helideck located on drilling production platform 8 the coordinates of which are— Location Lat WGS84 (DD MM SS.sss) Lon WGS84 (DD MM SS.sss) DP-8 helideck53° 53’ 26.724” N003° 37’ 27.233” W

• “foreseeable losses” means losses, damages, costs, or expenses suffered by the licensee that arise naturally from, out of, or relating to the construction, operation, maintenance, repair, replacement and decommissioning of the authorised development (or any part thereof) or the failure of it (or any part thereof) that were reasonably contemplated by the undertaker and licensee at 4 November 2025, including, but without limitation to the forgoing— losses, damages, costs or expenses suffered by the licensee in respect of additional aviation and / or maritime resources (including walk-to-work vessels); and losses, damages, costs or expenses suffered by the licensee in respect of additional activities required to be performed in order for the licensee’s operations to be compliant with prevailing laws and regulations;

• “helidecks” means the AP-1 helideck, the DP-1 helideck, the DP-6 helideck and the DP-8 helideck and “helideck” shall mean any one of them (as the context so requires);

• “hydrocarbon free” means the condition of facilities, equipment or systems where the same have been cleaned and verified to contain hydrocarbon levels below the flammable threshold, in accordance with the Energy Institute’s EI15 guidance;

• “interim to enduring aviation buffer change date” means the earlier of: (a) the date CPC is hydrocarbon free; or (b) 1 April 2031;

• “legacy wells” means the legacy wells known as DP3 (C1-5), 110/3-3, 110/8-2, 110/8A-7, 110/8-2 Relief and 110/8a-C5 Relief, the coordinates for which are— WellsLatitudeLongitude DP3 (C1-5)53°49’0.6155”N3°33’36.1013”W110/3-353°50’15.4200”N3°34’50.9700”W110/8-253°49’40.9985”N3°33’22.7997”W110/8A-753°46’4.3984”N3°34’24.5556”W110/8-2 Relief53°49’57.1774”N3°33’23.0190”W110/8a-C5 Relief53°49’40.4140”N3°34’2.7666”W and “legacy well” shall mean any of them (as the context so requires);

• “licence” means United Kingdom Petroleum Production Licence P.153, United Kingdom Petroleum Production Licence P.1483 and United Kingdom Petroleum Production Licence P.251 (as any or all of the same may be assigned, amended or replaced from time to time);

• “licensee” means the holder from time to time of any of the licences, which at the date stated in article 1 (citation and commencement) of this Order is Spirit Energy Production UK Limited;

• “licensee’s operations” means exploration, appraisal, development, production, transportation maintenance, repair replacement, interventions or decommissioning activity in accordance with and pursuant to the licence;

• “O&G decommissioning date” means the date on which Offshore Petroleum Regulator for Environment and Decommissioning (or any successor body) confirms acceptance of the close-out reports for the decommissioning of Spirit Energy’s East Irish Sea assets under the licence;

• “offshore substation platform” or “OSP” means Work No. 2(a) as defined in Part 1 of Schedule 1 to this Order but excluding transition pieces;

• “pipeline” means— the decommissioned 24” gas Morecambe DP3 to CPC pipeline with pipeline reference number PL195; and the decommissioned 2” Morecambe CPC to DP3 pipeline with pipeline reference number PL205; shown purple and annotated as PL195 and PL205 on the Spirit Protective Provisions Plan, together with any associated umbilicals, plant and equipment serving those pipelines; “pipeline and cable proximity area” means the area five hundred meters (500m) either side and directly above the pipeline and cable measured from the centre line of the pipeline and cable, which is partially shown (insofar as the pipeline and cable are located within this Order limits) edged pink and annotated as the pipeline and cable proximity area on the Spirit Protective Provisions Plan;

• “Spirit Protective Provisions Plan” means the plan dated 3 November 2025 with reference FLO-MOR-GIS-MAP038a-V3-Protective Provisions-Rev001 and certified as the Spirit Protective Provisions Plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

• “temporary surface infrastructure” means any fixed temporary infrastructure to be used in the construction, operation and maintenance, and decommissioning of the authorised development including, but not limited to, jack-up barges and buoys, but does not include— temporary surface infrastructure in transit; vessels undertaking geotechnical, geophysical or other surveys, or vessels undertaking sea bed preparation works (insofar as these are outside the WTG and OSP aviation enduring buffer zone, WTG and OSP marine buffer zone, WTG marine corridor, well buffer zone and pipeline and cable proximity area); and temporary surface infrastructure used for the construction of WTGs, offshore platforms, transition pieces or inter-array cables where the erection of such WTGs, offshore platforms, transition pieces or inter-array cables is permitted (at that time and in that place) by paragraph 3;

• “TP and OSP aviation interim buffer zone” means a circular area of three nautical miles (3nm) of unobstructed airspace measured from each of the AP-1 helideck and DP-1 helideck in all directions and extending vertically from mean sea level shown edged light purple and annotated as the TP and OSP aviation interim buffer zone on the Spirit Protective Provisions Plan;

• “transition piece” means the connecting piece of infrastructure which connects a foundation to a tower, any wind turbine generator foundation or any offshore substation platform foundation (none of which shall protrude from the water above a maximum of 30m above mean sea level);

• “well buffer zone” means— in respect of each legacy well DP3 (C1-5) 110/8-2 and 110-8a-C5 Relief a five hundred metre (500m) radius buffer shown by pale blue shading edged grey and annotated as well buffer zone on the Spirit Protective Provisions Plan; and in respect of legacy well 110/8A-7 a five hundred metre (500m) radius buffer of clear seabed space, shown by pale blue shading edged grey and annotated as well buffer zone on the Spirit Protective Provisions Plan, but with exception that wind turbine generator blades would be permitted to over sail up to the limit of a four hundred metre (400m) radius buffer shown hatched light purple and edged purple and annotated as the well over sail buffer zone on the Spirit Protective Provisions Plan;

• “wind turbine generator” or “WTG” means Work No. 1(a) as defined in Part 1 of Schedule 1 to this Order but excluding transition pieces;

• “WTG and OSP aviation interim buffer zone” means an area of three point seven two nautical miles (3.72 nm) of airspace measured from each of the AP-1 helideck and DP-1 helideck in all directions and extending vertically from mean sea level shown edged blue and annotated as the WTG and OSP aviation interim buffer zone on the Spirit Protective Provisions Plan;

• “WTG and OSP aviation enduring buffer zone” means an area of one point nine nautical miles (1.9 nm) of unobstructed airspace measured from each of the AP-1 helideck and DP-1 helideck in all directions and extending vertically from mean sea level shown edged light green and annotated as the WTG and OSP aviation enduring buffer zone on the Spirit Protective Provisions Plan;

• “WTG and OSP marine buffer zone” means an area of one point five nautical miles (1.5 nm) of unobstructed sea space measured from each of the AP-1 helideck and DP-1 helideck in all directions shown to its southern extent edged in orange and annotated as the WTG and OSP marine buffer zone on the Spirit Protective Provisions Plan; and

• “WTG marine corridor” means a one nautical mile (1 nm) wide corridor of unobstructed sea space between the Calder Platform and the AP-1 helideck shown edged in dashed dark green and annotated as the WTG marine corridor on the Spirit Protective Provisions Plan.

Restriction on authorised development

3

• (1) No wind turbine generator, inter-array cables (other than crossings by inter-array cables of the pipeline and cable proximity area that are the subject of a crossing agreement between the undertaker and the licensee which the parties shall use reasonable endeavours to agree), offshore substation platform, transition piece or temporary surface infrastructure shall be erected in the pipeline and cable proximity area, the WTG and OSP marine buffer zone or the WTG marine corridor unless otherwise agreed in writing between the licensee and the undertaker until (in the case of the WTG and OSP marine buffer zone and the WTG marine corridor only) after the O&G Decommissioning Date (the pipeline and cable proximity area remains for so long as the provisions of this Part of this Schedule shall have effect).

• (2) No vessel or surface infrastructure or temporary surface infrastructure in transit by or attributable to the undertaker or its agents or contractors in exercising the powers conferred by this Order shall pass within five hundred metres (500 m) of any of the helidecks at any time nor within five hundred metres (500m) of any of the legacy wells whilst any rig or other vessel owned, controlled or instructed by the licensee, is present at this location unless otherwise agreed in writing between the licensee and the undertaker.

• (3) In the case of temporary surface infrastructure the licensee may not unreasonably withhold consent where the undertaker has been reasonably requested to place temporary surface infrastructure in the pipeline and cable proximity area, the WTG and OSP marine buffer zone or the WTG marine corridor by a statutory consultee.

• (4) No wind turbine generator, temporary surface infrastructure or offshore substation platform shall be erected in the WTG and OSP aviation interim buffer zone unless otherwise agreed in writing between the licensee and the undertaker until after the interim to enduring aviation buffer change date.

• (5) No transition piece shall be erected in the WTG and OSP aviation interim buffer zone unless otherwise agreed between the licensee and the undertaker until after the earlier of the date of COP in respect of all fields/reservoirs supported by CPC or 1 July 2030.

• (6) No transition piece shall be erected in the TP and OSP aviation interim buffer zone unless otherwise agreed between the licensee and the undertaker until after the interim to enduring aviation buffer change date.

• (7) No wind turbine generator, inter-array cables, offshore substation platform, transition piece of temporary surface infrastructure shall be erected in the WTG and OSP aviation enduring buffer zone unless otherwise agreed in writing between the licensee and the undertaker until after the O&G Decommissioning Date.

• (8) No wind turbine generator, inter-array cables, offshore substation platform, transition piece or temporary surface infrastructure shall be erected in any well buffer zone unless otherwise agreed in writing between the licensee and the undertaker.

Simultaneous Operations

4

Prior to commencement of construction of the authorised development, the undertaker and the licensee shall use reasonable endeavours to agree arrangements in a co-existence agreement incorporating relevant standard UK oil and gas industry proximity agreement terms for the coordination of access and simultaneous operations to include (but not be limited to) the provision of—

• (a) schedules of and scope of works;

• (b) design specifications;

• (c) proposed timing of the execution of works;

• (d) methods of working;

• (e) navigation routes; and

• (f) a notifications procedure.

Cooperation

5

The undertaker and the licensee must each act in good faith and use reasonable endeavours to cooperate with, and provide assistance to, each other as may be required to give effect to the provisions of this Part of this Schedule.

6

Without prejudice to any other rights or obligations under this Part of this Schedule the licensee and the undertaker shall (to the extent not already shared prior to the date of this Order coming into force) as soon as reasonably practicable following a request provide to the other programme information in relation to their development and decommissioning proposals and activities within or adjacent to this Order limits or any buffer zone (including in the case of the licensee the anticipated date of COP in respect of all fields/reservoirs supported by CPC and the date CPC is hydrocarbon free) and from time to time keep each other informed of any revisions to the previously provided programme such that the licensee and the undertaker may seek to agree solutions to allow those activities to successfully co-exist as far as reasonably practicable until the O&G Decommissioning Date.

Costs

7

• (1) Subject to the terms of this paragraph, the undertaker must reimburse the licensee for any additional costs.

• (2) The licensee must, as soon as reasonably practicable after incurring any additional costs pursuant to sub-paragraph (1) above, serve the undertaker with an itemised invoice or claim for the additional costs.

• (3) Within 14 days of receipt of an itemised invoice or claim, the undertaker must—

• (a) approve the amount of additional costs specified in the itemised invoice or claim; or

• (b) dispute the amount of additional costs specified in the itemised invoice or claim (or that the licensee has not used reasonable endeavours to mitigate or minimise any such additional costs)

and notify the licensee that the undertaker will (if not resolved amicably pursuant to paragraph 1(2) of Schedule 5 to this Order) refer the matter to arbitration pursuant to paragraph 8 of this Part of this Schedule.

• (4) Save where otherwise agreed in writing between the undertaker and the licensee, the undertaker must thereafter pay to the licensee the additional costs within 28 days of approving the amount of additional costs pursuant to sub-paragraph (3)(a) above or final decision and award of additional costs pursuant to arbitration.

• (5) The licensee must use reasonable endeavours to mitigate in whole or in part and to minimise any additional costs.

Arbitration

8

Any difference arising between the undertaker and the licensee under this Part shall be referred to and settled by arbitration under article 15 (arbitration) of this Order.

PART 4 — For the protection of the Calder duty holder

Application

1

For the protection of Spirit Energy Production UK Limited as the duty holder of the Calder Platform, the provisions of this Part of this Schedule shall have effect for so long as the licence shall remain extant and Spirit Energy Production UK Limited remains duty holder of the Calder Platform unless otherwise agreed in writing between the undertaker and the duty holder.

Interpretation

2

In this Part of this Schedule—

• “additional costs” means any additional costs reasonably and properly incurred and evidenced by the duty holder in carrying out the duty holder’s operations caused by the construction, operation or decommissioning of the authorised development (and includes all reasonable costs incurred by the duty holder in engaging and retaining such experts, consultants and contractors as may be reasonably necessary to allow the duty holder to carry out its operations) but excluding any costs incurred prior to 1 June 2029 and consequential loss;

• “AP-1 helideck” means the helideck located on the accommodation platform at CPC the coordinates of which are— Location Lat WGS84 (DD MM SS.sss) Lon WGS84 (DD MM SS.sss) AP-1 helideck53° 50’ 44.348” N003° 35’ 00.579” W

• “authorised development” has the same meaning as in Schedule 1 of this Order and shall include any part of the said works including any preparatory works;

• “cable” means the power and telecommunications cables connecting the Calder Platform to CPC located in the South Morecambe Field (Block 110/3a) shown terracotta pink and annotated as Calder to CPP1 on the Spirit Protective Provisions Plan;

• “Calder helideck” means the helideck located on the Calder Platform the coordinates of which are— Location Lat WGS84 (DD MM SS.sss) Lon WGS84 (DD MM SS.sss) Calder Helideck53° 48’ 26.462” N003° 39’ 48.682” W

• “Calder Platform” means the normally unattended minimum facilities wellhead production platform located in the United Kingdom Continental Shelf Block 110/7a D;

• “consequential loss” means, with the exception of foreseeable losses— any consequential, or indirect loss under English law; or any of the following in each case whether direct or indirect to the extent that these are not included in (a)— loss or damage arising out of any delay, postponement, interruption or loss of production of hydrocarbons, any inability to produce, process or deliver hydrocarbons or any loss of or anticipated loss of use, profit or revenue (for the avoidance of doubt the undertaker and the duty holder do not consider such to be foreseeable losses); loss or damage incurred or liquidated or pre-estimated damages of any kind whatsoever borne or payable under any contract for sale, exchange, transportation, processing, storage or other disposal of hydrocarbons (for the avoidance of doubt the undertaker and the duty holder do not consider such to be foreseeable losses); loss of expectation or opportunity; or any other loss or anticipated loss or damage whatsoever in the nature of or consequential upon the foregoing, in either case (a) or (b) above howsoever caused or arising whether under contract, by virtue of any fiduciary duty, in tort or delict (including negligence), as a consequence of breach of any duty (statutory or otherwise) or under any other legal doctrine or principle whatsoever whether or not recoverable at common law or in equity and whether or not foreseeable at the date stated in article 1 (citation and commencement) of this Order;

• “CPC” means the hydrocarbon production and processing facilities complex known generally as such or the Central Processing Complex located in the United Kingdom Continental Shelf Block 110/2a, 110/3a and 110/8a;

• “duty holder” means Spirit Energy Production UK Limited as duty holder of the Calder Platform;

• “duty holder’s operations” means the operations and services provided by the duty holder to the licensee in accordance with and pursuant to an operating agreement between the duty holder and the licensee;

• “duty holdership termination date” means the date that the duty holder ceases to provide operations and services to the licensee in accordance with and pursuant to an operating agreement between the duty holder and the licensee;

• “foreseeable losses” means losses, damages, costs or expenses suffered by the duty holder that arise naturally from, out of, or relating to the construction, operation, maintenance, repair, replacement and decommissioning of the authorised development (or any part thereof) or the failure of it (or any part thereof) that were reasonably contemplated by the undertaker and the duty holder at 4 November 2025, including, but without limitation to the forgoing— losses, damages, costs or expenses suffered by the duty holder in respect of additional aviation and / or maritime resources (including walk-to-work vessels); and losses, damages, costs or expenses suffered by the duty holder in respect of additional activities required to be performed in order for the duty holder’s operations to be compliant with prevailing laws and regulations;

• “Harbour Energy” means Chrysaor Resources (Irish Sea) Limited, a subsidiary of Harbour Energy PLC;

• “licence” means United Kingdom Petroleum Production Licence P.099 (as the same may be assigned, amended or replaced from time to time);

• “licensee” means the holder from time to time of the licence, which at the date stated in article 1 (citation and commencement) of this Order is Harbour Energy;

• “North East corner of the Calder Platform” means the north east corner of the Calder Platform the coordinates of which are— Location Lat WGS84 (DD MM SS.sss) Lon WGS84 (DD MM SS.sss) North East corner of the Calder Platform53° 48’ 27.021” N003° 39’ 47.105” W

• “O&G decommissioning date” means the date on which the Offshore Petroleum Regulator for Environment and Decommissioning (or any successor body) confirms acceptance of the close-out reports for the decommissioning of Harbour Energy’s assets under the licence;

• “offshore substation platform” or “OSP” means Work No. 2(a) as defined in Part 1 of Schedule 1 to this Order but excluding transition pieces;

• “pipeline” means— the 3” Rivers onshore terminal to Calder chemical pipeline with pipeline reference number PL1965; and the 24” Calder to Rivers onshore terminal gas pipeline with pipeline reference number PL1966 shown purple and annotated as the Calder to Rivers Onshore Terminal (PL1966) and Rivers Onshore Terminal to Calder (PL1965) on the Spirit Protective Provisions Plan, together with any associated umbilicals, plant and equipment serving those pipelines;

• “pipeline and cable proximity area” means the area five hundred meters (500m) either side and directly above the pipeline and cable measured from the centre line of the pipeline and cable, which is partially shown (insofar as the pipeline and cable are located within this Order limits) edged pink and annotated as the pipeline and cable proximity area on the Spirit Protective Provisions Plan;

• “Spirit Protective Provisions Plan” means the plan dated 3 November 2025 with reference FLO-MOR-GIS-MAP038a-V3-Protective Provisions-Rev001 and certified as the Spirit Protective Provisions Plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

• “temporary surface infrastructure” means any fixed temporary infrastructure to be used in the construction, operation and maintenance, and decommissioning of the authorised development including, but not limited to, jack-up barges and buoys, but does not include— temporary surface infrastructure in transit; vessels undertaking geotechnical, geophysical or other surveys, or vessels undertaking sea bed preparation works (insofar as these are outside the WTG and OSP aviation enduring (Calder) buffer zone, WTG and OSP marine (Calder) buffer zone, WTG marine corridor, and pipeline and cable proximity area); or temporary surface infrastructure used for the construction of WTGs, offshore platforms, transition pieces or inter-array cables where the erection of such WTGs, offshore platforms, transition pieces or inter-array cables is permitted at that time and in that place by paragraph 3;

• “transition piece” means the connecting piece of infrastructure which connects a foundation to a tower, any wind turbine generator foundation or any offshore substation platform foundation (none of which shall protrude from the water above a maximum of 30 m above mean sea level);

• “wind turbine generator” or “WTG” means Work No. 1(a) as defined in Part 1 of Schedule 1 to this Order excluding transition pieces;

• “WTG and OSP aviation interim (Calder) buffer zone” means an area of three point seven two nautical miles (3.72 nm) of airspace measured from the Calder helideck in all directions and extending vertically from mean sea level shown dashed blue and annotated as the WTG and OSP aviation interim (Calder) buffer zone on the Spirit Protective Provisions Plan;

• “WTG and OSP aviation enduring (Calder) buffer zone” means an area of one point five nautical miles (1.5 nm) of unobstructed airspace measured from the Calder helideck in all directions and extending vertically from mean sea level shown yellow and annotated as the WTG and OSP aviation enduring (Calder) buffer zone on the Spirit Protective Provisions Plan;

• “WTG and OSP marine (Calder) buffer zone” means an area of one point five nautical miles (1.5 nm) of unobstructed sea space measured from the North East corner of the Calder Platform in all directions shown edged in dashed orange and annotated as the WTG and OSP marine (Calder) buffer zone on the Spirit Protective Provisions Plan; and

• “WTG marine corridor” means a one nautical mile (1 nm) wide corridor of unobstructed sea space between the Calder Platform and the AP-1 helideck shown edged in dashed dark green and annotated as the WTG marine corridor on the Spirit Protective Provisions Plan.

Restriction on authorised development

3

• (1) No wind turbine generator, inter-array cables (other than crossings by inter-array cables in the pipeline and cable proximity area that are the subject of a crossing agreement between the undertaker and the licensee or duty holder (as relevant) which the parties shall use reasonable endeavours to agree), offshore substation platform, transition piece or temporary surface infrastructure shall be erected in the pipeline and cable proximity area, the WTG and OSP marine (Calder) buffer zone, the WTG and OSP aviation enduring (Calder) buffer zone, or the WTG marine corridor unless otherwise agreed in writing between the duty holder and the undertaker until (only in the case of the WTG and OSP marine (Calder) buffer zone and the WTG marine corridor) after the earlier of either the duty holdership termination date or 1 January 2031 (the WTG and OSP aviation enduring (Calder) buffer zone and pipeline and cable proximity area remain for so long as the provisions of this Part of this Schedule shall have effect).

• (2) In the case of temporary surface infrastructure the duty holder may not unreasonably withhold consent where the undertaker has been reasonably requested to place temporary surface infrastructure in the pipeline and cable proximity area, the WTG and OSP marine (Calder) buffer zone or the WTG marine corridor by a statutory consultee.

• (3) No wind turbine generator or offshore substation platform shall be erected in the WTG and OSP aviation interim (Calder) buffer zone unless otherwise agreed in writing between the duty holder and the undertaker until after the earlier of either the duty holdership termination date or 1 January 2031.

• (4) No transition piece, inter-array cables or temporary surface infrastructure shall be erected in the WTG and OSP aviation interim (Calder) buffer zone unless otherwise agreed in writing between the duty holder and the undertaker until after the earlier of either the duty holdership termination date or 1 January 2030.

• (5) No vessel or surface infrastructure or temporary surface infrastructure in transit by or attributable to the undertaker or its agents or contractors in exercising the power of this Order shall pass within five hundred metres (500m) of the North East corner of the Calder Platform unless otherwise agreed in writing between the duty holder and the undertaker.

Simultaneous operations

4

Prior to commencement of construction of the authorised development, the undertaker and the duty holder shall use reasonable endeavours to agree arrangements in a co-existence agreement incorporating relevant standard UK oil and gas industry proximity agreement terms for the coordination of access and simultaneous operations to include (but not be limited to) the provision of—

• (a) schedules of and scope of works;

• (b) design specifications;

• (c) proposed timing of the execution of works;

• (d) methods of working;

• (e) navigation routes; and

• (f) a notifications procedure.

Cooperation

5

The undertaker and the duty holder must each act in good faith and use reasonable endeavours to cooperate with, and provide assistance to, each other as may be required to give effect to the provisions of this Part of this Schedule.

Costs

6

• (1) Subject to the terms of this paragraph, the undertaker must reimburse the duty holder for any additional costs.

• (2) The duty holder must, as soon as reasonably practicable after incurring any additional costs pursuant to sub-paragraph (1) above, serve the undertaker with an itemised invoice or claim for the additional costs.

• (3) Within 14 days of receipt of an itemised invoice or claim, the undertaker must—

• (a) approve the amount of additional costs specified in the itemised invoice or claim; or

• (b) dispute the amount of additional costs specified in the itemised invoice or claim (or that the duty holder has not used reasonable endeavours to mitigate or minimise any such additional costs) and notify the duty holder that the undertaker will (if not resolved amicably pursuant to paragraph 1(2) of Schedule 5 to this Order) refer the matter to arbitration pursuant to paragraph 7 of this Part of this Schedule.

• (4) Save where otherwise agreed in writing between the undertaker and the duty holder, the undertaker must thereafter pay to the duty holder the additional costs within 28 days of approving the amount of additional costs pursuant to sub-paragraph (3)(a) above or final decision and award of additional costs pursuant to arbitration.

• (5) The duty holder must use reasonable endeavours to mitigate in whole or in part and to minimise any additional costs.

Arbitration

7

Any difference arising between the undertaker and the duty holder under this Part shall be referred to and settled by arbitration under article 15 (arbitration) of this Order.

PART 5 — For the protection of the MNZ licence holder

Application

1

For the protection of the licensee from time to time of Carbon Capture Appraisal and Storage licence CS010 which at the date stated in article 1 (citation and commencement) of this Order is Spirit Energy Production UK Limited, the provisions of this Part of this Schedule shall have effect for so long as the licence remains extant unless otherwise agreed in writing between the undertaker and the licensee.

Interpretation

2

In this Part of this Schedule—

• “authorised development” has the same meaning as in Schedule 1 of this Order and shall include any part of the said works including any preparatory works;

• “cable” means the power and telecommunications cables connecting CPC to the DP3 wells shown terracotta pink and annotated CPC to DP3 on the MNZ Protective Provisions Plan;

• “CPC” means the hydrocarbon production and processing facilities complex known generally as such or the Central Processing Complex located in the United Kingdom Continental Shelf Block 110/2a, 110/3a and 110/8a;

• “legacy wells” means the legacy wells known as DP3 (C1-5), 110/3-3, 110/8-2, 110/8A-7, 110/8-2 Relief and 110/8a-C5 Relief, the coordinates for which are— WellsLatitudeLongitude DP3 (C1-5)53°49’0.6155”N3°33’36.1013”W110/3-353°50’15.4200”N3°34’50.9700”W110/8-253°49’40.9985”N3°33’22.7997”W110/8A-753°46’4.3984”N3°34’24.5556”W110/8-2 Relief53°49’57.1774”N3°33’23.0190”W110/8a-C5 Relief53°49’40.4140”N3°34’2.7666”W licence” means Carbon Capture Appraisal and Storage licence CS010 (as any or all of the same may be assigned, amended or replaced from time to time);

• “licensee” means the holder from time to time of the licence, which at the date stated in article 1 (citation and commencement) of this Order is Spirit Energy Production UK Limited;

• “MNZ Protective Provisions Plan” means the plan dated 3 November 2025 with reference FLO-MOR-GIS-MAP039a-V3-Protective Provisions-Rev001 and certified as the MNZ Protective Provisions Plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

• “offshore substation platform” or “OSP” means Work No. 2(a) as defined in Part 1 of Schedule 1 to this Order but excluding transition pieces;

• “pipeline” means—

• (a) the decommissioned 24” gas DP3 to CPC pipeline with pipeline reference number PL195; and

• (b) the decommissioned 2” CPC to DP3 pipeline with pipeline reference number PL205; shown purple and annotated as PL195 & PL205 on the MNZ Protective Provisions Plan, together with any associated umbilicals, plant and equipment serving those pipelines;

• “pipeline and cable proximity area” means the area five hundred meters (500m) either side and directly above the pipeline and cable measured from the centre line of the pipeline and cable, which is partially shown (insofar as the pipeline and cable are located within this Order limits) edged pink and annotated as the pipeline and cable proximity area on the MNZ Protective Provisions Plan;

• “proposed CCS injection platform” means the licensee’s proposed injection platform, to be located in the position marked “SM W 2” shown with a red circle edged black and annotated as SM W 2 on the MNZ Protective Provisions Plan;

• “temporary surface infrastructure” means any fixed temporary infrastructure to be used in the construction, operation and maintenance, and decommissioning of the authorised development including, but not limited to, jack-up barges and buoys, but does not include— temporary surface infrastructure in transit; vessels undertaking geotechnical, geophysical or other surveys, or vessels undertaking sea bed preparation works (insofar as outside the WTG and OSP aviation CCS enduring buffer zone, WTG and OSP marine CCS buffer zone, well buffer zone and pipeline and cable proximity area); or temporary surface infrastructure used for the construction of WTGs, offshore platforms, transition pieces or inter-array cables where the erection of such WTGs, offshore platforms, transition pieces or inter-array cables is permitted at that time and in that place by paragraph 3.

• “transition piece” means the connecting piece of infrastructure which connects a foundation to a tower, any wind turbine generator foundation or any offshore substation platform foundation (none of which shall protrude from the water above a maximum of 30 m above mean sea level);

• “well buffer zone” means— in respect of each legacy well DP3 (C1-5) 110/8-2 and 110-8a-C5 Relief a five hundred metre (500m) radius buffer shown by pale blue shading edged grey and annotated as well buffer zone on the MNZ Protective Provisions Plan; and in respect of legacy well 110/8A-7 a five hundred metre (500m) radius buffer of clear seabed space shown by pale blue shading edged grey and annotated as well buffer zone on the MNZ Protective Provisions Plan but with exception that wind turbine generator blades would be permitted to over sail up to the limit of a four hundred metre (400m) radius buffer shown hatched light purple and edged purple and annotated as the well over sail buffer zone on the MNZ Protective Provisions Plan;

• “well cable buffer zone” means a five hundred metre (500m) radius buffer zone around the legacy wells shown hatched dark green and annotated as the well cable buffer zones on the MNZ Protective Provisions Plan;

• “wind turbine generator” or “WTG” means Work No. 1(a) as defined in Part 1 of Schedule 1 to this Order but excluding transition pieces;

• “WTG and OSP aviation CCS enduring buffer zone” means an area of one point nine nautical miles (1.9 nm) of unobstructed airspace measured from the proposed CCS injection platform in all directions and extending vertically from mean sea level shown edged blue and annotated as the WTG and OSP aviation CCS enduring buffer zone on the MNZ Protective Provisions Plan;

• “WTG and OSP marine CCS buffer zone” means an area of one point five nautical miles (1.5 nm) of unobstructed sea space measured from the proposed CCS injection platform in all directions and shown edged in light green and annotated as the WTG and OSP marine CCS buffer zone on the MNZ Protective Provisions Plan.

Restriction on authorised development

3

• (1) No wind turbine generator, inter-array cables (other than crossings by inter-array cables of the pipeline and cable proximity area that are the subject of a crossing agreement between the undertaker and licensee), offshore substation platform, transition piece or temporary surface infrastructure shall be erected in the pipeline and cable proximity area or the WTG and OSP marine CCS buffer zone unless otherwise agreed in writing between the licensee and the undertaker.

• (2) No vessel or surface infrastructure or temporary surface infrastructure in transit by or attributable to the undertaker or its agents or contractors in exercising the power of this Order shall pass within five hundred metres (500m) of any of the proposed CCS injection platform at any time nor within five hundred metres (500m) of any of the legacy wells (whilst any rig or other vessel owned, controlled or instructed by the licensee, is present at this location) unless otherwise agreed in writing between the licensee and the undertaker.

• (3) In the case of temporary surface infrastructure the licensee may not unreasonably withhold consent where the undertaker has been reasonably requested to place temporary surface infrastructure in the pipeline and cable proximity area or the WTG and OSP marine CCS buffer zone by a statutory consultee.

• (4) No wind turbine generator, inter-array cables, offshore substation platform, transition piece or temporary surface infrastructure shall be erected in the WTG and OSP aviation CCS enduring buffer zone unless otherwise agreed in writing between the licensee and the undertaker.

• (5) No wind turbine generator, inter-array cables, offshore substation platform, transition piece or temporary surface infrastructure shall be erected in any well buffer zone unless otherwise agreed in writing between the licensee and the undertaker.

• (6) No new cable associated with the authorised development shall be laid within the well cable buffer zone.

Simultaneous operations

4

Prior to commencement of construction of the authorised development, the undertaker and the licensee shall use reasonable endeavours to agree arrangements in a co-existence agreement incorporating relevant standard UK oil and gas industry proximity agreement terms for the coordination of access and simultaneous operations to include (but not be limited to) the provision of; schedules of and scope of works; design specifications; proposed timing of the execution of works; methods of working; navigation routes; and a notifications procedure.

Cooperation

5

The undertaker and the licensee must each act in good faith and use reasonable endeavours to cooperate with and provide assistance to each other as may be required to give effect to the provisions of this Part of this Schedule.

6

Without prejudice to any other rights or obligations under this Part of this Schedule the licensee and the undertaker shall as soon as reasonably practicable following a request provide to the other programme information in relation to their development proposals and activities within or adjacent to this Order limits or any buffer zone and from time to time keep each other informed of any revisions to the previously provided programme such that the licensee and the undertaker may seek to agree solutions to allow those activities to successfully co-exist as far as reasonably practicable.

Arbitration

7

Any difference arising between the undertaker and the licensee under this Part shall be referred to and settled by arbitration under article 15 (arbitration) of this Order.

PART 6 — For the protection of Stena Line Limited

Application

1

For the protection of Stena Line the following provisions, unless otherwise agreed at any time between the undertaker and Stena Line, have effect.

Interpretation

2

In this Part of this Schedule—

• “authorised development” has the same meaning as in Schedule 1 of this Order;

• “commence” has the same meaning as in article 2 of this Order and commencement is construed to have the same meaning;

• “Liverpool to Belfast route” means the base case passage plan which proceeds to the east of the Isle of Man and east of the Calder CA1 platform taken by Stena Line vessels transiting from the Port of Liverpool to the Port of Belfast;

• “specified works” means any construction or decommissioning of the authorised development which is reasonably likely to be situated on, over, under or within 1.5 nautical miles measured in any direction of the Liverpool to Belfast route operated by Stena Line;

• “Stena Line” means Stena Line Limited, a limited company registered in England & Wales under Company No. 01402237 and having its registered office at First Floor, 6 Arlington Street, London, England, SW1A 1RE; and

• “vessel traffic management plan” means the vessel traffic management plan that is submitted in accordance with the outline vessel traffic management plan as required by condition 9(j) of Schedule 6 of this Order.

Consultation and notification

3

The undertaker must notify Stena Line of the intended start date and the likely duration of the carrying out of any specified work at least 28 days prior to the commencement of any specified work and have regard to any response received from Stena Line.

4

The undertaker must notify Stena Line at least 28 days prior to the commencement of any specified works that involve the installation of subsea cable circuits and subsea cable ducts, such written notice to include full details of the location of any subsea cable circuits and subsea cable ducts and any other apparatus, equipment or infrastructure that is to be inserted in the underwater environment.

Vessel Traffic Management Plan

5

The undertaker must consult Stena Line before submitting the vessel traffic management plan to any licensing authority and the undertaker must have regard to any response received from Stena Line in respect of the vessel traffic management plan.

Co-operation and reasonableness

6

The undertaker and Stena Line must act reasonably in respect of any given term of this Part of this Schedule and, in particular, (without prejudice to generality) where any consent or expression of satisfaction is required by this Part of this Schedule it must not be unreasonably withheld or delayed.

Miscellaneous

7

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and Stena Line in respect of the authorised development provided that the terms of the relevant enactment or agreement are not inconsistent with the provisions of this Order, including this Part of this Schedule. In the case of any inconsistency, the provisions of this Order, including this Part of this Schedule, prevail.

8

Any dispute arising between the undertaker and Stena Line under this Part of this Schedule is to be determined by arbitration in accordance with article 15 (arbitration).

SCHEDULE 4 — Approval of matters specified in requirements

Interpretation

1

In this Schedule—

• “application” means an application for any consent, agreement or approval required by a requirement whether or not the application seeks to discharge a requirement in whole or in part; and

• “discharging authority” means any body responsible for giving any consent, agreement or approval required by a requirement included in Schedule 2 (requirements), or for giving any consent, agreement or approval further to any document referred to in any such requirement; and

• “requirement consultee” means any body named in a requirement as a body to be consulted by the discharging authority in discharging that requirement.

Applications made under requirements

2

• (1) Where an application has been made to the discharging authority for any agreement or approval required pursuant to a requirement included in this Order, the discharging authority must give notice to the undertaker of their decision on the application, including the reasons for that decision, within a period of eight weeks beginning with—

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

• (b) where further information is requested under paragraph 3 the working day immediately following that on which the further information has been supplied by the undertaker, or such longer period as may be agreed by the undertaker and the discharging authority.

• (2) Where consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision with the notice of the decision.

Further information

3

• (1) Where an application has been made under paragraph 2 the discharging authority has the right to request such reasonable further information from the undertaker as is necessary to enable it to consider the application.

• (2) If the discharging authority considers further information is needed, and the requirement does not specify that consultation with a requirement consultee is required, it must, within 10 working days of receipt of the application, notify the undertaker specifying the further information required.

• (3) If the requirement indicates that consultation must take place with a requirement consultee, the discharging authority must issue the consultation to the requirement consultee within five working days of receipt of the application. Where the requirement consultee requires further information, they must notify the discharging authority specifying the further information required within 10 days of receipt of the consultation. The discharging authority must notify the undertaker specifying any further information requested by the requirement consultee within five working days of receipt of such a request.

• (4) In the event that the discharging authority does not give such notification as specified in sub- paragraphs (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.

Provision of information by requirement consultees

4

• (1) Any requirement consultee who receives a consultation under paragraph 3(3) must respond to that request within 28 days from receipt unless sub-paragraph (2) of this paragraph applies.

• (2) Where any requirement consultee requests further information in accordance with the timescales set out in paragraph 3(3) then they must respond to the consultation within ten working days from the receipt of the further information requested.

Appeal

5

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

• (a) the discharging authority refuses an application for any consent, agreement or approval required by—

• (i) a requirement included in this Order; or

• (ii) a document referred to in any requirement contained in Schedule 2 (requirements);

• (b) the discharging authority does not determine such an application within the time period set out in paragraph 2(1) of this Schedule, or grants it subject to conditions;

• (c) a request is made for further information pursuant to paragraph 3 of this Schedule, and the undertaker considers that either the whole or part of the specified information requested by the discharging authority or the requirement consultee is not necessary for consideration of the application; or

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

• (2) The appeal process is to be 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(1), 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 discharging authority and any requirement consultee required to be consulted pursuant to the requirement which is the subject of the appeal (together with the undertaker, these are the “appeal parties”);

• (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person (“the appointed person”) to determine the appeal and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for their attention should be sent, the date of such notification being the “start date” for the purposes of this sub-paragraph (2);

• (d) the discharging authority and any requirement consultee required to be consulted pursuant to the requirement which is the subject of the appeal must submit written representations to the appointed person in respect of the appeal within ten 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 appeal parties must make any counter-submissions to the appointed person within ten working days of receipt of written representations pursuant to sub-paragraph (2)(d); and

• (f) the appointed person must make their decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable following the deadline for the receipt of counter-submissions pursuant to sub-paragraph (2)(e).

• (3) The appointment of the appointed person may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

• (4) In the event that the appointed person considers that further information is necessary to consider the appeal, the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required and the date by which the information is to be submitted and the appointed person must make any notification and set the date for the receipt of such further information having regard to the timescales in sub-paragraph (2).

• (5) Any further information required under sub-paragraph (4) must be provided by the appeal party from whom the further information was requested to the appointed person and other appeal parties, the discharging authority and any requirement consultee required to be consulted pursuant to the requirement that is the subject of the appeal 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 date. The revised timetable for the appeal must require submission of written representations to the appointed person within ten working days of the specified date but otherwise is to be in accordance with the process and time limits set out in sub-paragraphs (2)(c) to (2)(e).

• (6) On an appeal under this sub-paragraph, the appointed person may—

• (a) allow or dismiss the appeal; or

• (b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of the decision or not).

• (7) 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 in the sole discretion of the appointed person such written representations as have been sent outside of the relevant time limits.

• (8) 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 the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

• (9) The decision of the appointed person on an appeal is to be final and binding on the parties, and a court may entertain proceedings for questioning the decision only if those proceedings are brought by a claim for judicial review.

• (10) If an approval is given by the appointed person pursuant to this paragraph, it is to be deemed to be an approval for the purpose of Schedule 2 (requirements) as if it had been given by the discharging authority. The discharging 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.

• (11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person must be met by the undertaker.

• (12) The appointed person may, following application by the discharging authority or the undertaker, or in the absence of such application, 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 the Planning Practice Guidance: Appeals (March 2014) or any circular or guidance which may from time to time replace it.

SCHEDULE 5 — Arbitration rules

Primary objective

1

• (1) The primary objective of these arbitration rules is to achieve a fair, impartial, final and binding award on the substantive difference between the parties (save as to costs) within four months from the date the arbitrator is appointed pursuant to article 15 (arbitration) of this Order.

• (2) The parties will first use their reasonable endeavours to settle a dispute amicably through negotiations undertaken in good faith by the senior management of the parties. Any dispute which is not resolved amicably by the senior management of the parties within twenty working days of the dispute arising, or such longer period as agreed in writing by the parties, will be subject to arbitration in accordance with the terms of this Schedule.

• (3) The arbitration will be deemed to have commenced when a party (“the claimant”) serves a written notice of arbitration on the other party (“the respondent”).

Time periods

2

• (1) All time periods in these arbitration rules will be measured in working days.

• (2) Time periods will be calculated from the day after the arbitrator is appointed which will be either—

• (a) the date the arbitrator notifies the parties in writing of his/her acceptance of an appointment by agreement of the parties; or

• (b) the date the arbitrator is appointed by the Secretary of State.

Timetable

3

• (1) The timetable for the arbitration will be that set out in sub-paragraphs (2) to (4) below unless amended in accordance with paragraph 5(3).

• (2) Within 15 days of the arbitrator being appointed, the claimant must provide both the respondent and the arbitrator with—

• (a) a written statement of claim which describes the nature of the difference between the parties, the legal and factual issues, the claimant’s contentions as to those issues, and the remedy it is seeking; and

• (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports.

• (3) Within 15 days of receipt of the claimant’s statements under sub-paragraph (2) by the arbitrator and respondent, the respondent must provide the claimant and the arbitrator with—

• (a) a written statement of defence responding to the claimant’s statement of claim, including its statement in respect of the nature of the difference, the legal and factual issues in the claimant’s claim, its acceptance of any element(s) of the claimant’s claim, and its contentions as to those elements of the claimant’s claim it does not accept;

• (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports; and

• (c) any objections it wishes to make to the claimant’s statements, comments on the claimant’s expert report(s) (if submitted by the claimant) and explanations for the objections.

• (4) Within five days of the respondent serving its statements under sub-paragraph (3), the claimant may make a statement of reply by providing both the respondent and the arbitrator with—

• (a) a written statement responding to the respondent’s submissions, including its reply in respect of the nature of the difference, the legal and factual issues and its contentions in relation to the issues;

• (b) all statements of evidence and copies of documents in response to the respondent’s submissions;

• (c) any expert report in response to the respondent’s submissions;

• (d) any objections to the statements of evidence, expert reports or other documents submitted by the respondent; and

• (e) its written submissions in response to the legal and factual issues involved.

Procedure

4

• (1) The arbitrator will make an award on the substantive difference based solely on the written material submitted by the parties unless the arbitrator decides that a hearing is necessary to explain or resolve any matters.

• (2) Either party may, within two days of delivery of the last submission, request a hearing giving specific reasons why it considers a hearing is required.

• (3) Within five days of receiving the last submission, the arbitrator will notify the parties whether a hearing is to be held and the length of that hearing.

• (4) Within ten days of the arbitrator advising the parties that he will hold a hearing, the date and venue for the hearing will be fixed by agreement with the parties, save that if there is no agreement the arbitrator must direct a date and venue which he considers is fair and reasonable in all the circumstances. The date for the hearing must not be less than 35 days from the date of the arbitrator’s direction confirming the date and venue of the hearing.

• (5) A decision will be made by the arbitrator on whether there is any need for expert evidence to be submitted orally at the hearing. If oral expert evidence is required by the arbitrator, then any expert(s) attending the hearing may be asked questions by the arbitrator.

• (6) There will be no process of examination and cross-examination of experts, but the arbitrator will invite the parties to ask questions of the experts by way of clarification of any answers given by the expert(s) in response to the arbitrator’s questions. Prior to the hearing the procedure for the expert(s) will be that—

• (a) at least 20 days before a hearing, the arbitrator will provide a list of issues to be addressed by the expert(s);

• (b) if more than one expert is called, they will jointly confer and produce a joint report or reports within ten days of the issues being provided; and