The Rampion 2 Offshore Wind Farm Order 2025

• (1) No stage of the authorised development within the Order limits landward of MLWS (excluding any onsite preparation works) may commence until a trenchless crossing plan showing the final locations and extent of each trenchless crossing in that stage and its compound has been submitted to and approved by the relevant planning authority in consultation (where relevant) with West Sussex County Council, the Environment Agency, Southern Water and the relevant statutory nature conservation body.

• (2) The undertaker must submit alongside the trenchless crossing plan, detailed feasibility assessments, supported by local ground investigation data, for trenchless crossings through irreplaceable habitats, sites of special scientific interest and sensitive landscape features within South Downs National Park.

• (3) The trenchless crossings in the relevant stages must be undertaken in accordance with the approved details.

Requirement for written approval

45

Where the approval, agreement or confirmation of the Secretary of State, relevant planning authority, highway authority or another person is required under a requirement, that approval, agreement or confirmation must be given in writing.

Amendments to approved details

46

• (1) With respect to any requirement which requires the authorised project to be carried out in accordance with the details approved by the relevant planning authority, highway authority or another person, the approved details must be carried out as approved unless an amendment or variation is previously agreed in writing by the relevant planning authority, highway authority or that other person in accordance with sub- paragraph (2).

• (2) Any amendments to or variations from the approved details must be in accordance with the principles and assessments set out in the environmental statement. Such agreement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of the relevant determining authority or that other person that the subject matter of the agreement sought is unlikely to give rise to any new or materially different environmental effects from those assessed in the environmental statement.

• (3) The approved details must be taken to include any amendments that may subsequently be approved in writing by the relevant determining authority or that other person.

SCHEDULE 2 — STREETS SUBJECT TO STREET WORKS

(1) Area	(2) Street subject to street works within the Order limits	(3) Identifier on the access and rights of way and street plan
Arun District	Ferry Road	Marked AA to AB on sheet 1
Arun District	Church Lane	Marked AC to AD on sheet 2
Arun District	A284 Lyminster Road	Marked AE to AF on sheet 4
Arun District	Poling Street	Marked AG to AH on sheet 6
South Downs National Park	Michelgrove Lane	Marked AI to AJ on sheets 11 and 12
Horsham District and South Downs National Park	A283 Washington Road and Storrington Road	Marked AK to AL on sheet 21
South Downs National Park	A283 Storrington Road	Marked AM to AN on sheet 21
Horsham District and South Downs National Park	A283 The Pike	Marked AO to AP on sheet 22
Horsham District and South Downs National Park	A283 The Pike	Marked AQ to AR on sheet 22
Horsham District and South Downs National Park	A283 The Pike	Marked AS to AT on sheet 23
Horsham District and South Downs National Park	A283 The Pike	Marked AU to AV on sheet 23
Horsham District	Spithandle Lane	Marked AW to AX on sheet 26
Horsham District	B2135	Marked AY to AZ on sheet 27
Horsham District	B2135	Marked BA to BB on sheet 28
Horsham District	B2116 Shermanbury Road	Marked BC to BD on sheet 29
Horsham District	B2116 Shermanbury Road	Marked BE to BF on sheet 29
Horsham District	A281	Marked BG to BH on sheet 30
Horsham District	Kent Street	Marked BI to BJ on sheet 33
Horsham District	A272	Marked BK to BL on sheet 33
Horsham District and Mid-Sussex District	Wineham Lane	Marked BM to BN on sheet 34
Horsham District and Mid-Sussex District	Wineham Lane	Marked BO to BP on sheet 34

SCHEDULE 3 — STREETS TO BE TEMPORARILY CLOSED

(1) Area	(2) Street to be temporarily closed	(3) Extent of temporary closure by reference to the identifiers on the access, rights of way and streets plan
Horsham District	B2116 Shermanbury Road	Marked BE to BF on sheet 29

SCHEDULE 4 — PUBLIC RIGHTS OF WAY

PART 1 — PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED

(1) Area	(2) Public rights of way to be temporarily closed	(3) Extent of temporary closure by reference to the identifiers on the access, rights of way and streets plan
Arun District	Footpath 174	From 01a to 01b shown on sheet 1
Arun District	Footpath 173	From 02a to 02b shown on sheet 1
Arun District	Footpath 168	From 03a to 03b shown on sheet 2
Arun District	Footpath 168	From 04a to 04b shown on sheet 2
Arun District	Footpath 2163/1	From 06a to 06b shown on sheet 4
Arun District	Footpath 2202/1	From 08a to 08b shown on sheet 5
Arun District	Footpath 2199	From 10a to 10b shown on sheet 6
Arun District	Footpath 2198	From 11a to 11b shown on sheet 6
Arun District	Footpath 2176	From 12a to 12b shown on sheet 7
South Downs National Park	Footpath 2190	From 13a to 13b shown on sheet 7
South Downs National Park	Footpath 2174/1	From 16a to 16b shown on sheet 8
South Downs National Park	Bridleway 2208/1	From 17a to 17b shown on sheet 11
South Downs National Park	Footpath 2260/1	From 18a to 18b shown on sheet 13
South Downs National Park	Footpath 2262	From 19a to 19b shown on sheet 13
South Downs National Park	Byway open to all traffic 2092	From 25a to 25b shown on sheets 15 to 18
South Downs National Park	Bridleway 2103	From 26a to 26b shown on sheet 16
South Downs National Park	Bridleway 2107	From 27a to 27b shown on sheet 17
South Downs National Park	Bridleway 2018	From 28a to 28b shown on sheet 17
South Downs National Park	Bridleway 2109	From 29a to 29b shown on sheet 18
Horsham District	Bridleway 2711	From 36c to 36d shown on sheet 24
Horsham District	Footpath 2520	From 41a to 41b shown on sheet 27
Horsham District	Footpath 1841	From 45a to 45b shown on sheet 29
Horsham District	Bridleway 1774	From 45c to 45d shown on sheet 30
Horsham District	Footpath 1781	From 46a to 46b shown on sheet 31
Horsham District	Footpath 1776/1	From 47a to 47b shown on sheet 31
Horsham District	Footpath 1782	From 48a to 48b shown on sheet 32
Horsham District	Footpath 1783	From 49a to 49b shown on sheet 32

PART 2 — PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED AND A TEMPORARY SUBSTITUTE PROVIDED

(1) Area	(2) Public rights of way to be temporarily closed	(3) Extent of temporary closure by reference to the identifiers on the access, rights of way and streets plan	(4) Temporary public right of way to be substituted
Arun District	Footpath 2165	05a to 05b	Along a route shown indicatively by a purple line between identifiers 05a and 05b marked T01 on sheet 4
Arun District	Bridleway 2163	07a to 07b	Along a route shown indicatively by a dotted yellow line between identifiers 07a and 07b marked T02 on sheet 5
Arun District	Footpath 2200	09a to 09b	Along a route shown indicatively by a purple line between identifiers 09a and 09b marked T03 on sheet 6
South Downs National Park	Bridleway 2188	14a to 14b	Along a route shown indicatively by a dotted yellow line between identifiers 14a and 14b marked T04 on sheet 7
South Downs National Park	Bridleway 2208	15a to 15b	Along a route shown indicatively by a dotted yellow line between identifiers 15a and 15b marked T05 on sheet 8
South Downs National Park	Bridleway 2173	20a to 20b	Along a route shown indicatively by a dotted yellow line between identifiers 20a and 20b marked T06 on sheet 14
South Downs National Park	Bridleway 2282/1	21a to 21b	Along a route shown indicatively by a dotted yellow line between identifiers 21a and 21b marked T07 on sheet 15
South Downs National Park	Bridleway 2282/1	22a to 22b	Along a route shown indicatively by a dotted yellow line between identifiers 22a and 24a marked T08 where it will join restricted bridleway 2092 or its diversion shown indicatively by a dotted yellow line marked T09 on sheets 15 and 19
South Downs National Park	Restricted byway 2092 (comprising part of the South Downs Way)	23a to 23b	Along a route shown indicatively by a dotted yellow line between identifiers 23a and 23b marked T09 on sheet 19
South Downs National Park	Restricted byway 2693 (comprising part of the South Downs Way)	30a to 30b	Along restricted byway 2092 and then via a route shown indicatively by a dotted yellow line between identifiers 30b and 25a marked T10 on sheets 15 and 19
South Downs National Park	Bridleway 2665	31a to 31b	Along a route shown indicatively by a dotted yellow line between identifiers 31a and 31b marked T11 on sheet 21
South Downs National Park	Bridleway 2697	32a to 32b	Along a route shown indicatively by a dotted yellow line between identifiers 32a and 32b marked T11a on sheet 21
Horsham District	Footpath 2701	33a to 33b	Along a route shown indicatively by a purple line between identifiers 33a and 33b marked T12 on sheet 22
South Downs National Park	Bridleway 2703	34a to 34b	Along a route shown indicatively by a dotted yellow line between identifiers 34a and 34b marked T13 on sheet 22
Horsham District	Footpath 2710	35a to 35b	Along a route shown indicatively by a dotted yellow line between identifiers 35a and 35b marked T14 on sheet 23
Horsham District	Bridleway 2711	36a to 36b	Along a route shown indicatively by a dotted yellow line between identifiers 36a and 36b marked T15 on sheet 24
Horsham District	Footpath 2514	37a to 37b	Along a route shown indicatively by a dotted yellow line between identifiers 37a and 37b marked T16 on sheet 24
Horsham District	Bridleway 2594	38a to 38b	Along a route shown indicatively by a dotted yellow line between identifiers 38a and 38b marked T17 on sheet 25
Horsham District	Bridleway 2589/1	39a to 39b	Diverted in part along a route shown indicatively by a dotted yellow line between identifiers 39a and 39b marked T18 on sheet 25
Horsham District	Footpath 2519	40a to 40b	Along a route shown indicatively by a dotted yellow line between identifiers 40a and 40b marked T19 on sheet 27
Horsham District	Footpath 2372	42a to 42b	Along a route shown indicatively by a dotted yellow line between identifiers 42a and 42b marked T20 on sheet 28
Horsham District	Bridleway 3514	43a to 43b	Along a route shown indicatively by a dotted yellow line between identifiers 43a and 43b marked T21 on sheet 28
Horsham District	Footpath 2374	44a to 44b	Along a route shown indicatively by a dotted yellow line between identifiers 44a and 44b marked T22 on sheet 28
Horsham District	Bridleway 1730	50a to 50b	Along route shown indicatively by a dotted yellow line between identifiers 50a and 50b marked T27 on sheet 33
Horsham District	Footpath 1787	51a to 51b	Along a route shown indicatively by a dotted yellow line between identifiers 51a and 51b marked T23 on sheet 33
Horsham District	Footpath 1786	52a to 52b	Along a route shown indicatively by a purple line between identifiers 52a and 52b marked T24 on sheet 33
Horsham District	Footpath 1789	53a to 53b	Along a route shown indicatively by a dotted yellow line between identifiers 53a and 53b marked T25 on sheet 33
Mid-Sussex District	Footpath 36B/1T	54a to 54b	Along a route shown indicatively by a dotted yellow line between identifiers 54a and 54b marked T26 on sheet 34

PART 3 — PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED AND A TEMPORARY SUBSTITUTE TO BE AGREED

(1) Area	(2) Public rights of way to be temporarily closed	(3) Extent of temporary closure by reference to the identifiers on the access, rights of way and streets plan
Arun District Horsham District and South Downs National Park	Restricted byway 2092 (comprising part of the South Downs Way)	23a to 24b shown on sheets 15 and 19
Arun District Horsham District	Restricted byway 2693	301 to 30b shown on sheets 15 and 19
Horsham District	Bridleway 3514 (comprising part of the National Cycle Network)	43a to 43b shown on sheet 28

SCHEDULE 5 — ACCESS TO WORKS

(1) Area and location of access	(2) Description of access by reference to the identifiers on the access, rights of way and streets plan
Arun District	Marked A-01 on sheet 1
Arun District	Marked A-02 on sheet 1
Arun District	Marked A-03 on sheet 1
Arun District	Marked A-04 on sheet 1
Arun District	Marked A-05 on sheet 2
Arun District	Marked A-06 on sheet 2
Arun District	Marked A-08 on sheet 2
Arun District	Marked A-09 on sheet 2
Arun District	Marked A-10 on sheet 3
Arun District	Marked A-11 on sheet 4
Arun District	Marked A-12 on sheet 4
Arun District	Marked A-13 on sheet 4
Arun District	Marked A-14 on sheet 4
Arun District	Marked A-15 on sheet 5
Arun District	Marked A-16 on sheet 5
Arun District	Marked A-17 on sheet 6
Arun District	Marked A-18 on sheet 6
Arun District	Marked A-20 on sheet 7
South Downs National Park	Marked A-21 on sheet 7
South Downs National Park	Marked A-22 on sheet 7
South Downs National Park	Marked A-23 on sheet 7
South Downs National Park	Marked A-24 on sheet 7
South Downs National Park	Marked A-25 on sheet 9
South Downs National Park	Marked A-26 on sheet 12
South Downs National Park	Marked A-27 on sheet 13
South Downs National Park	Marked A-28 on sheet 16
South Downs National Park	Marked A-29 on sheet 17
South Downs National Park	Marked A-30 on sheet 19
South Downs National Park	Marked A-31 on sheet 20
Horsham District and South Downs National Park	Marked A-32 on sheet 21
Horsham District and South Downs National Park	Marked A-33 on sheet 21
Horsham District and South Downs National Park	Marked A-34 on sheet 21
Horsham District and South Downs National Park	Marked A-35 on sheet 21
South Downs National Park	Marked A-36 on sheet 21
South Downs National Park	Marked A-37 on sheet 22
South Downs National Park	Marked A-38 on sheet 22
Horsham District	Marked A-39 on sheet 22
Horsham District and South Downs National Park	Marked A-40 on sheet 22
Horsham District and South Downs National Park	Marked A-41 on sheet 23
Horsham District	Marked A-42 on sheet 23
Horsham District	Marked A-43 on sheet 24
Horsham District	Marked A-43a on sheet 24
Horsham District	Marked A-43b on sheet 24
Horsham District	Marked A-44 on sheet 24
Horsham District	Marked A-45 on sheet 25
Horsham District	Marked A-46 on sheet 25
Horsham District	Marked A-47 on sheet 26
Horsham District	Marked A-48 on sheet 27
Horsham District	Marked A-49 on sheet 27
Horsham District	Marked A-50 on sheet 28
Horsham District	Marked A-50a on sheet 28
Horsham District	Marked A-50b on sheet 28
Horsham District	Marked A-51 on sheet 28
Horsham District	Marked A-52 on sheet 29
Horsham District	Marked A-53 on sheet 29
Horsham District	Marked A-54 on sheet 29
Horsham District	Marked A-55 on sheet 29
Horsham District	Marked A-56 on sheet 30
Horsham District	Marked A-57 on sheet 30
Horsham District	Marked A-57 on sheet 30
Horsham District	Marked A-58 on sheet 31
Horsham District	Marked A-59 on sheet 32
Horsham District	Marked A-60 on sheet 32
Horsham District	Marked A-61 on sheet 33
Horsham District	Marked A-62 on sheet 33
Horsham District	Marked A-63 on sheet 33
Horsham District	Marked A-64 on sheet 33
Horsham District	Marked A-65 on sheet 34
Horsham District	Marked A-66 on sheet 34
Mid-Sussex District	Marked A-67 on sheet 34
Mid-Sussex District	Marked A-68 on sheet 34
Mid-Sussex District	Marked A-69 on sheet 34

SCHEDULE 6 — TEMPORARY SUSPENSION OF PUBLIC ACCESS TO ACCESS LAND

(1) Area	(2) Area subject to temporary suspension of public access
Horsham District and South Downs National Park	Area shaded orange and marked OAL1 shown on the open access land plan within the Order limits.
Horsham District	Area shaded orange and marked OAL2 shown on the open access land plan within the Order limits.

SCHEDULE 7 — ACQUISITION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS ONLY

(1) Number of land shown on land plans onshore	(2) Purpose for which rights may be acquired and restrictive covenants may be imposed
1a/1, 1a/2, 1b/1, 1b/2, 1b/3, 1b/4, 1b/5, 1b/6, 1/1, 1/2, 1/3, 1/4	Underground Cable Connection Rights All rights necessary for the purposes of the construction, installation, retention, operation, maintenance and decommissioning of the authorised development comprising Work Nos. 5 and 6, including to— lay down, install, construct, string out, erect, adjust, alter, retain, operate, use, maintain, repair, renew, upgrade, inspect, remove and replace electricity cable circuits in, under, over and/or on the land, or seabed or in ducts beneath the land or seabed (including the removal of materials including spoil) to connect offshore cable circuits to onshore cable circuits, together with such telemetry and fibre-optic lines, ducting and other apparatus, equipment and protection measures ancillary to the purposes of transmitting electricity along such electricity cables (collectively referred to as the “underground connection cables”); effect access to offshore apparatus and carry out works for the purposes of the construction, installation, operation, maintenance and decommissioning of the parts of the authorised project that communicate between the onshore and offshore elements of the authorised project; install, retain, connect, maintain and use apparatus to connect onshore transmission apparatus to offshore transmission apparatus; benefit from continuous vertical and lateral support for the authorised development; retain and use or permit the cables to transmit and distribute any matters or thing the transmission of which is not prohibited by law through, to and from the land; remove vegetation which now or hereafter may be standing on the land or other land which would, if not removed, obstruct or interfere with the working of the cables; excavate materials below ground or sea bed level, including soils, and to store and re-use or dispose of the same, and in so excavating to undertake any works, including works of protection or removal of archaeological remains as may be required by any written scheme of investigation approved under this Order; store and stockpile soil, materials and equipment (including excavated material); place and use plant, machinery, equipment, structures and temporary structures on the sea bed for the purposes of the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables; make such investigations in, on or under the land including the sea bed as required, including archaeological investigations; lay down, install, construct, adjust, alter, re-lay, replace, retain, maintain, protect and remove pipes, cables, conduits or other utility apparatus (including the pipes, cables or conduits or other apparatus of statutory undertakers); carry out horizontal directional drilling or any other trenchless method of installing the cables and associated cable ducts, the effects of which are within those assessed in the environmental statement, including crossing beneath sea defences including walls and groynes, and to create, use and remove drilling launch and exit pits; carry out such works required by the Order, a planning permission and/or consent now or to be granted over the land in accordance with any necessary licences relating to protected species and/or wildlife (which for the avoidance of doubt includes newts); lay down, install, use, retain, maintain and inspect underground cables, telephone signalling and fibre-optic cables and ancillary equipment, associated works and other conducting media together with conduits or pipes for containing the same in and under the land; remove any works carried out and reinstate the sea bed thereafter; and such other rights as may be necessary to facilitate any onshore and offshore Further Works, as defined in Schedule 1 to the Order, that may be required.
1a/1, 1a/2, 1b/1, 1b/2, 1b/3, 1b/4, 1b/5, 1b/6, 1/1, 1/2, 1/3, 1/4	Underground Cable Connection Restrictive Covenant A restrictive covenant over the land for the benefit of the remainder of the Order land to— prevent anything to be done by way of excavation of any kind exceeding 0.3 metres in depth from the surface of the sea bed or land or any activities which increase or decrease sea bed or land cover or change the composition of the sea bed or land in any manner whatsoever, without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed, if the proposed activity would not cause damage to the relevant part of the authorised development nor make it materially more difficult to access or maintain the authorised development, with such consent being subject to such reasonable conditions as the undertaker may require); prevent anything being done which may interfere with the free flow and passage of electricity or telecommunications through the cables or support for the authorised development; and prevent anything being done in or on the land or any part thereof which will, or which the owner can reasonably foresee may, interfere with the exercise of the other rights set out in this Schedule, or the use of the authorised development or in any way render the authorised development or any part thereof in breach of any statute or regulation for the time being in force and applicable thereto.
1/5, 1/6, 1/7, 1/8, 1/16	Onshore Connection Rights All rights necessary for the purposes of the construction, installation, retention, operation, maintenance and decommissioning of the authorised development comprising Work No. 7, including to— lay down, install, construct, erect, adjust, alter, retain, operate, use, maintain, repair, renew, upgrade, inspect, remove and replace electricity cable circuits and associated cable ducts in, under, over and/or on the land (including the removal of materials including spoil) to connect offshore cable circuits to onshore cable circuits, together with such telemetry and fibre-optic lines, ducting, cable markers and other apparatus, equipment and protection measures ancillary to the purposes of transmitting electricity along such electricity cables (collectively referred to as the “onshore connection cables”); adjust, alter, remove, replace, create, retain and use tunnels under sea defences including walls and groynes; effect access to offshore apparatus and carry out works for the purposes of the construction, installation, retention, operation, maintenance and decommissioning of the parts of the authorised project that communicate between the onshore and offshore elements of the authorised project; install, retain, connect, maintain and use apparatus to connect onshore transmission apparatus to offshore transmission apparatus; enter, be on, and break up the surface of, the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables; benefit from continuous vertical and lateral support for the authorised development; retain and use or permit the cables to transmit and distribute any matters or thing the transmission of which is not prohibited by law through, to and from the land; pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and personnel, including creating, using and removing haul roads; place and use plant, machinery, equipment, structures and temporary structures within the land for the purposes of the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables; erect, use and remove fencing, gates, walls, barriers or other means of enclosure, and create use and remove secure working areas and compounds including trenchless installation technique compounds and working areas; construct, lay down, use and remove temporary access roads including any necessary temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair or renewal is being carried out; effect access to the highway; make such investigations in, on or under the land as required, including archaeological investigations; install, retain and maintain cable marker posts to identify the location of the cables (subject to an obligation to minimise interference with future use and operations within the land); fell, lop, cut, coppice, uproot or remove trees, hedges, shrubs or other vegetation which now or hereafter may be standing on the land or other land which would if not felled, lopped, cut or removed obstruct or interfere with the working of the cables; remove and discharge water from the land and to lay down, install, construct, create, adjust, alter, use, retain, maintain, repair, renew, upgrade, refurbish, reconstruct, improve, inspect, cleanse, remove and protect pre- and post-development drainage schemes on the land or reinstate or modify the existing land drainage scheme on the land and thereafter cleanse and maintain, alter, adjust, replace, improve or extend culverts; lay down, install, construct, adjust, alter, re-lay, replace, retain, maintain, protect and remove pipes, cables, conduits or other utility apparatus (including the pipes, cables or conduits or other apparatus of statutory undertakers); remove fences within the land during any period during which construction, maintenance, repair, renewal or decommissioning is being carried out (subject to erection of any temporary stock-proof fencing as is reasonably required and the re-instating of the original fences following the exercise of the rights); excavate materials below ground level, including soils, and to store and re-use or dispose of the same, and in so excavating to undertake any works, including works of protection o removal of archaeological remains as may be required by any written scheme of investigation approved under this Order; store and stockpile soil, materials and equipment (including excavated material); carry out horizontal directional drilling or any other trenchless method of installing the cables and associated cable ducts, the effects of which are within those assessed in the environmental statement; lay out, use and remove temporary paths for public use; carry out, install, execute, implement, retain, repair, improve, renew, relocate, maintain and protect landscaping, environmental or ecological mitigation or enhancement works or measures; carry out such works (together with associated fencing) required by the Order, a planning permission and/or consent now or to be granted over the land in accordance with any necessary licences relating to protected species and/or wildlife (which for the avoidance of doubt includes newts); lay down, install, retain, use, maintain and inspect underground cables, telephone signalling and fibre-optic cables and ancillary equipment, associated works and other conducting media together with conduits or pipes for containing the same in and under the land; remove any works carried out and reinstate the land thereafter, including planting and replanting any trees, hedges, shrubs or other vegetation; and such other rights as may be necessary to facilitate any onshore Further Works as defined in Schedule 1 to the Order, that may be required.
1/9, 1/17	Transition Joint Bay Rights All rights necessary for the purposes of the construction, installation, retention, operation, maintenance and decommissioning of the authorised development comprising Work No. 8, including to— create, use and remove drilling launch and exit pits; and erect, install, adjust, alter, retain, operate, use, maintain, repair, renew, upgrade, inspect, protect, remove and replace transition joint bays (including the removal of materials including spoil).
1/9, 1/10, 1/17, 1/18, 1/21, 1/24, 2/2, 2/3, 2/4, 2/24, 2/25, 2/26, 2/33, 2/34, 3/1, 3/2, ¾, 3/5, 3/8, 3/9, 3/13, 3/14, 3/23, 3/24, 3/25, 3/26, 4/1, 4/2, 4/5, 4/6, 4/14, 4/15, 4/16, 4/22, 4/24, 5/1, 5/6, 5/7, 5/8, 5/9, 5/10, 5/11, 5/12, 5/13, 5/14, 6/1, 6/2, 6/3, 6/4, 6/5, 6/6, 7/1, 7/4, 7/5, 7/6, 7/12, 7/13, 7/23, 7/24, 7/25, 7/30, 8/1, 8/2, 8/3, 8/4, 10/1, 10/2, 10/3, 10/4, 11/1, 11/2, 11/3, 11/4, 11/5, 11/6, 13/1, 13/2, 13/3, 13/4, 13/5, 14/1, 14/3, 14/6, 15/1, 15/2, 19/1, 19/2, 20/1, 20/2, 20/3, 20/4, 20/5, 20/6, 20/7, 20/8, 21/1, 21/22, 21/24, 21/39, 21/42, 21/43, 21/44, 22/1, 22/2, 22/3, 22/4, 22/5, 22/6, 22/7, 22/8, 22/9, 22/10, 22/11, 22/12, 22/13, 22/14, 22/18, 22/22, 22/23, 22/24, 22/25, 22/27, 22/30, 23/1, 23/2, 23/7, 23/8, 23/9, 23/16, 23/17, 23/18, 23/19, 23/20, 23/21, 24/1, 24/2, 24/10, 24/11, 24/12, 24/15, 24/17, 25/1, 25/2, 25/6, 25/11, 25/12, 25/13, 26/1, 26/2, 26/3, 26/11, 26/12, 26/13, 26/14, 26/15, 27/1, 27/15, 27/16, 27/27, 27/28, 28/1, 28/2, 28/25, 28/26, 29/1, 29/2, 29/8, 29/9, 29/17, 29/18, 29/19, 29/22, 29/23, 30/1, 30/2, 30/3, 30/4, 30/5, 30/7, 30/12, 20/13, 30/14, 31/1, 31/4, 32/1, 32/2, 32/3, 32/7, 32/8, 32/11, 32/15, 32/16, 33/1, 33/23, 33/24, 33/26, 33/27, 33/28, 34/1, 34/2, 34/3, 34/4, 34/5, 34/16, 34/17, 34/18, 34/19, 34/20, 34/21, 34/22, 34/23, 34/24, 34/25, 34/26	Cable Rights All rights necessary for the purposes of the construction, installation, retention, operation, maintenance and decommissioning of the authorised development comprising Work Nos. 8, 9 and 19, including to— lay down, install, construct, string out, erect, adjust, alter, retain, operate, use, maintain, repair, renew, upgrade, inspect, remove and replace electricity cables (including the removal of materials including spoil) in, under, over and/or on the land, together with such telemetry and fibre-optic lines, ducting, jointing bays, chambers, manholes, manhole covers, cable marker posts and other apparatus, equipment and protection measures ancillary to the purposes of transmitting electricity along such electricity cables (collectively referred to as “the cables”); enter, be on, and break up the surface of, the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables; benefit from continuous vertical and lateral support for the authorised development; retain and use or permit the cables to transmit and distribute any matters or thing the transmission of which is not prohibited by law through, to and from the land; pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and personnel, including creating, using and removing haul roads; construct and install and thereafter use the land for all necessary purposes for the commissioning, construction, repair, testing, maintenance and decommissioning of the cables and any electric cables in, on or under other land including (but not limited to) the following— creation and use of facilities, and carrying out activities in connection with the cables or other work carried out in accordance with the rights; installation and use of portakabins/portaloos; storage of plant and equipment; creation and use of construction compounds and consolidation sites; and installation and use of additional service lines or cables; place and use plant, machinery, equipment, structures and temporary structures within the land for the purposes of the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables; erect, use and remove fencing, gates, walls, barriers or other means of enclosure, and create, use and remove secure working areas and compounds including trenchless installation technique compounds and working areas; construct, lay down, use and remove temporary access roads including any necessary temporary bridging culverting or diversion of water courses and drains during any period during which construction, maintenance, repair or renewal is being carried out; effect access to the highway; make such investigations in, on or under the land as required, including archaeological investigations; install, retain and maintain cable marker posts to identify the location of the cables (subject to an obligation to minimise interference with future use and operations within the land); fell, lop, cut, coppice, uproot or remove trees, hedges, shrubs or other vegetation which now or hereafter may be standing on the land or other land which would if not felled, lopped, cut or removed obstruct or interfere with the working of the cables; remove and discharge water from the land and to lay down, install, construct, create, adjust, alter, use, retain, maintain, repair, renew, upgrade, refurbish, reconstruct, improve, inspect, cleanse, remove and protect pre- and post-development drainage schemes on the land or reinstate or modify the existing land drainage scheme on the land and thereafter cleanse and maintain, alter, adjust, replace, improve or extend culverts; lay down, install, construct, adjust, alter, re-lay, replace, retain, maintain, protect and remove pipes, cables, conduits or other utility apparatus (including the pipes, cables or conduits or other apparatus of statutory undertakers); remove fences within the land during any period during which construction, maintenances, repair or renewal or decommissioning is being carried out (subject to erection of any temporary stock-proof fencing as is reasonably required and the re-instating of the original fences following the exercise of the rights); store and stockpile soil, materials and equipment (including excavated material); excavate materials below ground level, including soils, and to store and re-use or dispose of the same, and in so excavating to undertake any works, including works of protection or removal of archaeological remains as may be required by any written scheme of investigation approved under this Order; carry out open cut trenching or horizontal directional drilling or any other trenchless method of installing the cables the effects of which are within those assessed in the environmental statement, and create, use and remove launch and exit pits and associated cable ducts; lay out, use and remove temporary paths for public use; carry out, install, execute, implement, retain, repair, improve, renew, relocate, maintain and protect landscaping, environmental or ecological mitigation or enhancement works or measures; carry out such works (together with associated fencing) required by the Order, a planning permission and/or consent now or to be granted over the land in accordance with any necessary licences relating to protected species and/or wildlife (which for the avoidance of doubt includes newts); lay down, install, retain, use, maintain and inspect underground cables, telephone signalling and fibre-optic cables and ancillary equipment, associated works and other conducting media together with conduits or pipes for containing the same in and under the land; remove any works carried out and reinstate the land thereafter, including planting and replanting any trees, hedges, shrubs or other vegetation; and such other rights as may be necessary to facilitate any onshore Further Works as defined in Schedule 1 to the Order, that may be required.
1/5, 1/6, 1/7, 1/8, 1/9, 1/10, 1/16, 1/17, 1/18, 1/21, 1/24, 2/2, 2/3, 2/4, 2/24, 2/25, 2/26, 2/33, 2/34, 3/1, 3/2, ¾, 3/5, 3/8, 3/9, 3/13, 3/14, 3/23, 3/24, 3/25, 3/26, 4/1, 4/2, 4/5, 4/6, 4/14, 4/15, 4/16, 4/22, 4/24, 5/1, 5/6, 5/7, 5/8, 5/9, 5/10, 5/11, 5/12, 5/13, 5/14, 6/1, 6/2, 6/3, 6/4, 6/5, 6/6, 7/1, 7/4, 7/5, 7/6, 7/12, 7/13, 7/23, 7/24, 7/25, 7/30, 8/1, 8/2, 8/3, 8/4, 10/1, 10/2, 10/3, 10/4, 11/1, 11/2, 11/3, 11/4, 11/5, 11/6, 13/1, 13/2, 13/3, 13/4, 13/5, 14/1, 14/3, 14/6, 15/1, 15/2, 19/1, 19/2, 20/1, 20/2, 20/3, 20/4, 20/5, 20/6, 20/7, 20/8, 21/1, 21/22, 21/24, 21/39, 21/42, 21/43, 21/44, 22/1, 22/2, 22/3, 22/4, 22/5, 22/6, 22/7, 22/8, 22/9, 22/10, 22/11, 22/12, 22/13, 22/14, 22/18, 22/22, 22/23, 22/24, 22/25, 22/27, 22/30, 23/1, 23/2, 23/7, 23/8, 23/9, 23/16, 23/17, 23/18, 23/19, 23/20, 23/21, 24/1, 24/2, 24/10, 24/11, 24/12, 24/15, 24/17, 25/1, 25/2, 25/6, 25/11, 25/12, 25/13, 26/1, 26/2, 26/3, 26/11, 26/12, 26/13, 26/14, 26/15, 27/1, 27/15, 27/16, 27/27, 27/28, 28/1, 28/2, 28/25, 28/26, 29/1, 29/2, 29/8, 29/9, 29/17, 29/18, 29/19, 29/22, 29/23, 30/1, 30/2, 30/3, 30/4, 30/5, 30/7, 30/12, 30/13, 30/14, 31/1, 31/4, 32/1, 32/2, 32/3, 32/7, 32/8, 32/11, 32/15, 32/16, 33/1, 33/23, 33/24, 33/26, 33/27, 33/28, 34/1, 34/2, 34/3, 34/4, 34/5, 34/16, 34/17, 34/18, 34/19, 34/20, 34/21, 34/22, 34/23, 34/24, 34/25, 34/26	Cable Restrictive Covenant A restrictive covenant over the land for the benefit of the remainder of the Order land to— prevent anything being done in or on the land or any part thereof for the purpose of— the erection of any buildings; or the construction, erection or works of any kind requiring foundations, footings or other supporting structures, without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed building, erection, construction or works would not cause damage to the relevant part of the authorised development nor make it materially more difficult to access or maintain the authorised development); prevent anything to be done by way of hard surfacing of the land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to the relevant part of the authorised development nor make it materially more difficult to access or maintain the authorised development) provided that the undertaker acknowledges that— the laying of new hard core access tracks does not require the consent of the undertaker where no manhole, access chamber or other access point serving the authorised development is located on the surface of the land; and the maintenance or repair of pre-existing hard surfacing, hard core surfaces or tracks with the same or equivalent surface or material does not require the consent of the undertaker where no manhole, access chamber or other access point serving the authorised development is located on the surface of the land; prevent anything to be done by way of excavation of any kind or agricultural practices exceeding 0.9 metres in depth from— the surface of the land; the true cleaned bottom of the open drain, ditch, watercourse or river; or any activities which increase or decrease ground cover or soil levels or change the composition of the land in any manner whatsoever, without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed activity would not cause damage to the relevant part of the authorised development nor make it materially more difficult to access or maintain the authorised development, with such consent being subject to such reasonable conditions as the undertaker may require); prevent the planting or growing within the land of any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised development nor make it materially more difficult to maintain or to access the relevant part of the authorised development) provided that the growing within the land of any pre-existing trees, shrubs or underwood do not require the consent of the undertaker; prevent anything being done which may interfere with the free flow and passage of electricity or telecommunications through the cables or support for the authorised development; prevent any activity which would in the reasonable opinion of the undertaker result in the disturbance of ecological mitigation areas or areas of habitat creation including any ploughing or grazing, during the period within which the undertaker is bound by any consent to maintain that ecological mitigation areas or areas of habitat creation, without the prior written consent of the undertaker; and prevent anything being done in or on the land or any part thereof which will, or which the owner can reasonably foresee may, interfere with the exercise of the other rights set out in this Schedule, or the use of the authorised development or in any way render the authorised development or any part thereof in breach of any statute or regulation for the time being in force and applicable thereto.
1/11, 1/12, 1/13, 1/14, 1/15, 2/6, 2/7, 2/21, 2/22, 2/23, 2/28, 2/29, 2/30, 2/31, 2/32, 3/15, 3/16, 3/17, 3/18, 3/19, 3/20, 3/21, 3/22, 4/9, 7/26, 7/27, 7/28, 7/29, 7/31, 7/32, 7/33, 7/34, 7/35, 9/1, 9/2, 9/3, 10/5, 10/6, 12/12, 12/13, 12/14, 13/6, 13/7, 13/8, 14/2, 14/4, 14/5, 17/3, 17/4, 17/5, 17/6, 17/7, 17/8, 17/9, 17/10, 18/3, 18/7, 19/3, 19/4, 19/5, 19/6, 19/7, 19/8, 19/9, 19/10, 19/11, 20/9, 20/10, 20/11, 20/12, 20/13, 20/14, 20/15, 21/2, 21/3, 21/4, 21/5, 21/6, 21/7, 21/8, 21/9, 21/23, 21/25, 21/26, 21/27, 21/28, 21/29, 21/40, 21/41, 22/34, 22/35, 24/3, 24/4, 24/13, 24/14, 24/16, 25/3, 25/4, 25/5, 26/4, 26/6, 27/2, 28/6, 28/16, 28/17, 28/18, 28/19, 28/20, 28/21, 28/22, 28/23, 28/24, 29/10, 29/11, 29/12, 29/13, 29/20, 29/21, 31/5, 31/6, 31/7, 31/8, 31/9, 31/10, 31/11, 31/12, 31/13, 31/14, 31/15, 32/4, 32/5, 32/6, 32/9, 32/10, 32/12, 32/13, 32/14, 33/29, 34/9, 34/10, 34/11, 34/12, 34/13, 34/14, 34/40	Operational Access Rights All rights necessary for the purposes of the operation, maintenance and decommissioning of the authorised development, including to— pass and re-pass with or without vehicles, plant, machinery, apparatus, personnel, equipment and materials; make such investigations in, on or under the land as are necessary for the purpose of enabling the right to pass and re-pass; enter, be on, and break up the surface of, the land; upgrade, surface, resurface, use and repair the land for the purposes of enabling the right to pass and re-pass to adjoining land, including creating visibility splays; erect, use, repair and remove temporary bridges and supporting or protective structures for the purposes of gaining access to adjoining land; remove and discharge water from the land and to lay down, install, construct, create, adjust, alter, use, retain, maintain, repair, renew, upgrade, refurbish, reconstruct, improve, inspect, cleanse, remove, and protect drainage schemes and associated management measures on the land; fell, lop, cut, coppice, uproot and remove trees, hedges, shrubs or other vegetation which now or hereafter may be present on the land for the purpose of enabling the right to pass and re-pass to adjoining land; erect, repair and remove temporary fencing and reinstate the land thereafter; remove any works carried out to facilitate the right to pass and re-pass and reinstate the land thereafter, including planting and replanting any trees, hedges, shrubs or other vegetation; and such other rights as may be necessary to facilitate any onshore Further Works, as defined in Schedule 1 to the Order, that may be required.
2/5, 2/8, 2/12, 2/13, 2/14, 2/38, 2/39, 2/40, 2/41, 2/42, 3/6, 4/3, 4/4, 4/7, 4/23, 4/25, 4/26, 5/2, 5/3, 5/4, 5/5, 7/2, 7/3, 7/36, 11/7, 11/8, 11/9, 11/10, 11/11, 11/12, 11/13, 12/1, 12/4, 12/5, 12/9, 15/3, 17/1, 18/1, 18/2, 18/8, 18/9, 21/10, 23/3, 23/4, 24/5, 24/6, 25/7, 25/8, 25/9, 25/10, 26/5, 26/7, 27/3, 27/7, 27/10, 27/17, 27/18, 27/19, 27/20, 27/21, 27/22, 27/23, 27/24, 27/25, 27/26, 28/4, 28/7, 28/10, 28/12, 29/4, 29/5, 29/6, 29/7, 30/11, 30/15, 31/2, 31/3, 33/2, 33/3, 33/18, 33/19, 33/20, 33/25	Construction and Operational Access Rights All rights necessary for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised development, including to— pass and re-pass with or without vehicles, plant, machinery, apparatus, personnel, equipment and materials; make such investigations in, on or under the land as are necessary for the purpose of enabling the right to pass and re-pass; enter, be on, and break up the surface of, the land; upgrade, surface, resurface, use and repair the land for the purposes of enabling the right to pass and re-pass to adjoining land, including creating visibility splays; erect, use, repair and remove temporary bridges and supporting or protective structures for the purposes of gaining access to adjoining land; remove and discharge water from the land and to lay down, install, construct, create, adjust, alter, use, retain, maintain, repair, renew, upgrade, refurbish, reconstruct, improve, inspect, cleanse, remove and protect drainage schemes and associated management measures on the land; fell, lop, cut, coppice, uproot and remove trees, hedges, shrubs or other vegetation which now or hereafter may be present on the land for the purpose of enabling the right to pass and re-pass to adjoining land; erect, repair and remove temporary fencing and reinstate the land thereafter; remove any works carried out to facilitate the right to pass and re-pass and reinstate the land thereafter, including planting and replanting any trees, hedges, shrubs or other vegetation; and such other rights as may be necessary to facilitate any onshore Further Works, as defined in Schedule 1 to the Order, that may be required.
33/15, 33/17	Onshore Substation Access Road Rights All rights necessary for the purposes of the construction, installation, retention, operation, maintenance and decommissioning of the authorised development comprising Work No.18, including to— pass and re-pass with or without vehicles, plant, machinery, apparatus, personnel, equipment and materials; make such investigations in, on or under the land as are necessary for the purpose of creating an access road; enter, be on, and break up the surface of the land; lay-down, surface, resurface, retain, use, repair, upgrade and remove an access road for the purposes of enabling the right to pass and re-pass, including creating visibility splays; remove and discharge water from the land and to lay down, install, construct, create, adjust, alter, use, retain, maintain, repair, renew, upgrade, refurbish, reconstruct, improve, inspect, cleanse, remove, and protect drainage schemes and associated management measures on the land; fell, lop, cut, coppice, uproot and remove trees, hedges, shrubs or other vegetation which now or hereafter may be present on the land for the purpose of enabling the creation and use of an access road and the right to pass and re-pass; erect, repair, operate, retain, replace and remove fencing, gates, barriers or other such security measures and equipment; effect access to the highway; remove the access road and any ancillary works carried out to facilitate the right to pass and re-pass and reinstate the land thereafter, including planting and replanting any trees, hedges, shrubs or other vegetation; lay down, install, construct, adjust, alter, re-lay, replace, retain, maintain, protect and remove pipes, cables, conduits or other utility apparatus (including the pipes, cables or conduits or other apparatus of statutory undertakers); benefit from continuous vertical and lateral support for the access road; prevent anything being done in, on or under the land which will, or which the owner can reasonably foresee may, interfere with the exercise of the rights set out in (a) to (k) above; and such other rights as may be necessary to facilitate any Further Works, as defined in Schedule 1 to the Order, as may be required.
33/10, 33/11, 33/14, 33/15, 33/16, 33/17, 33/30, 34/26, 34/27	Landscape and Environmental Mitigation Rights All rights necessary for the purposes of the construction, installation, retention, operation, maintenance and decommissioning of the authorised development comprising Work No. 17, including to— enter and be on the land and remain with or without vehicles, material, apparatus, equipment and personnel, to plant, install, execute, implement, retain, repair, improve, renew, relocate, replant, inspect, prune and remove trees, shrubs, hedgerows, seeding and other landscaping, ecological mitigation or enhancement measures including fencing, together with the right to retain, maintain, inspect and replant or replace such trees, shrubs, landscaping and environmental or ecological mitigation or enhancement measures including fencing and temporary works and the installation of temporary barriers for the protection of fauna; carry out such works (together with associated fencing) required by the Order, a planning permission and/or consent now or to be granted over the land in accordance with any necessary licences relating to protected species and/or make such investigations in, on or under the land as required; remove any works or measures carried out and reinstate the land; and such other rights as may be necessary to facilitate any onshore Further Works, as defined in Schedule 1 of the Order, that may be required.
33/10, 33/11, 33/14, 33/15, 33/16, 33/17, 33/30, 34/26, 34/27	Landscaping and Environmental Mitigation Restrictive Covenant A restrictive covenant over the land for the benefit of the remainder of the Order land to prevent any activity which would in the reasonable opinion of the undertaker result in the disturbance of landscaping, environmental or ecological mitigation or enhancement areas or areas of habitat creation including any ploughing or grazing, during the period within which the undertaker is bound by any consent to maintain that landscaping, environmental or ecological mitigation or enhancement area or area of habitat creation, without the prior written consent of the undertaker.
34/28	Unlicensed Works Rights All rights necessary for the purposes of the construction, installation, retention, operation, maintenance and decommissioning of the authorised development comprising Work No. 20 (which work is defined for these purposes as “the Unlicensed Works”), including to— lay down, install, adjust, alter, construct, create, operate, erect, use, maintain, repair, renew, upgrade, inspect, test, remove and replace electrical equipment comprising the Unlicensed Works; enter and be on the land and remain with or without plant, vehicles, machinery, apparatus and equipment, and break up the surface of the land for the purposes of the Unlicensed Works; pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of the Unlicensed Works; place and use plant, machinery, structures and temporary structures, including foundations, within the land for the purposes of the Unlicensed Works; erect, create and remove fencing and secure working areas for the purposes of the Unlicensed Works; make such investigations in or on the land as required for the purposes of the Unlicensed Works; install and maintain cable marker posts to identify the location of the cabling comprising the Unlicensed Works (subject to an obligation to minimise interference with future use and operations within the land); fell, lop or cut, coppice wood, uproot trees or hedges or shrubs which now or hereafter may be standing on the land which would if not felled, lopped, cut or removed obstruct or interfere with the Unlicensed Works; install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus (including the pipes, cables or conduits or apparatus of statutory undertakers) for the purposes of the Unlicensed Works; and such other rights as may be necessary to facilitate any onshore Further Works as defined in Schedule 1 to the Order, that may be required.

SCHEDULE 8 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00049] has effect subject to the modifications set out in sub-paragraph (2).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—

• (a) for the words “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and

• (b) for the words “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.

3

• (1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).

• (2) For section 5A(5A) (relevant valuation date) of the 1961 Act substitute—

(5A) If— (a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) (powers of entry) of the 1965 Act (as modified by paragraph 5(5) of Schedule 8 to the Rampion 2 Offshore Wind Farm Order 2025); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 8 to the Rampion 2 Offshore Wind Farm Order 2025) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of sub-section (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right.

Application of Part 1 of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions of the 2008 Act) and modified by article 28 (modification of Part 1 of the 1965 Act) to the acquisition of land under article 22 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 23(1) or (2) (compulsory acquisition of rights and imposition of restrictive covenants)—

• (a) with the modifications specified in paragraph 5; and

• (b) with such other modifications as may be necessary.

5

• (1) The modifications referred to in paragraph 4(a) are as follows.

• (2) References to the 1965 Act to land are, in the appropriate contexts to be read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired, or the restrictive covenant imposed or to be imposed; or

• (b) the land over which the right is or is to be exercisable, or the restriction is to be enforceable.

• (3) For section 7 (measure of compensation in case of severance) of the 1965 Act substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the restrictive covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

• (4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

• (a) section 9(4) (refusal to convey, failure to make title, etc.);

• (b) paragraph 10(3) of Schedule 1 (persons without power to sell their interests, conveyance of the land or interest);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

• (5) Section 11 (powers of entry) of the 1965 Act is so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 28), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on a specified date), 12 (unauthorised entry) and 13 (refusal to give possession to acquiring authority) of the 1965 Act are modified accordingly.

• (6) Section 20 (tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

• (7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 27(4) (application of the 1981 Act) is so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

• (8) For Schedule 2A to the 1965 Act substitute—

SCHEDULE2A (1) (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 (execution of declaration) of the 1981 Act as applied by article 27 (application of the 1981 Act) of the Rampion 2 Offshore Wind Farm Order 2025 in respect of the land to which the notice to treat relates. (2) But see article 29(3) (acquisition of subsoil or airspace only) of the Rampion 2 Offshore Wind Farm Order 2025 which excludes the acquisition of subsoil and airspace only from this Schedule. (2) In this schedule, “house”, except in paragraph 10, includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat; (b) accept the counter-notice; or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of three months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decides to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority does not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material damage to the house, building or factory; or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant; (b) the use to be made of the right or covenant proposed to be acquired or imposed; and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 9 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Area	(2) Number of land shown on onshore plan	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the authorised project
Arun District	2/10, 2/11, 2/15	Temporary use as a construction compound and for access to facilitate construction of the authorised development, including any onshore Further Works, as defined in Schedule 1 to the Order, that may be required.	Work No. 10
Horsham District	22/15, 33/12, 33/13	Temporary use as a construction compound and for access to facilitate construction of the authorised development, including any onshore Further Works, as defined in Schedule 1 to the Order, that may be required.	Work No. 10
Arun District	2/9, 3/10, 3/11, 3/12, 4/8	Temporary use for the storage of excavated materials including but not limited to soil to facilitate construction of the authorised development, including any onshore Further Works, as defined in Schedule 1 to the Order, that may be required.	Work No. 11
Horsham District	28/3, 29/3	Temporary use for the storage of excavated materials including but not limited to soil to facilitate construction of the authorised development, including any onshore Further Works, as defined in Schedule 1 to the Order, that may be required.	Work No. 11
Arun District	2/27, 3/7	Temporary use for non-intrusive works for duct and cable installation, preparation and stringing out, to facilitate construction of the authorised development, including any onshore Further Works, as defined in Schedule 1 to the Order, that may be required.	Work No. 12
Horsham District	19/12, 22/26, 22/28, 22/29	Temporary use for non-intrusive works for duct and cable installation, preparation and stringing out, to facilitate construction of the authorised development, including any onshore Further Works, as defined in Schedule 1 to the Order, that may be required.	Work No. 12
Arun District	1/19, 1/20, 1/22, 1/23, 1/25, 2/1, 2/16, 2/17, 2/18, 2/19, 2/20, 2/35, 2/36, 2/37, 3/3, 4/10, 4/11, 4/12, 4/13, 4/17, 4/18, 4/19, 4/20, 4/21, 7/7, 7/8, 7/9, 7/10, 7/11, 7/14, 7/15, 7/16, 7/17, 7/18, 7/19, 7/20, 7/21, 7/22, 11/14, 11/15, 12/2, 12/3, 12/6, 12/7, 12/8, 12/10, 12/11	Temporary use for access, including effecting access to highways and the creation of visibility splays, to facilitate construction of the authorised development, including any onshore Further Works, as defined in Schedule 1 to the Order, that may be required.	Work No. 13
Horsham District	16/1, 16/2, 16/3, 16/4, 16/5, 16/6, 17/2, 18/4, 18/5, 18/6, 21/11, 21/12, 21/13, 21/14, 21/15, 21/16, 21/17, 21/18, 21/19, 21/20, 21/21, 21/30, 21/31, 21/32, 21/33, 21/34, 21/35, 21/36, 21/37, 21/38, 22/16, 22/17, 22/19, 22/20, 22/21, 22/31, 22//32, 22/33, 23/5, 23/6, 23/10, 23/11, 23/12, 23/13, 23/14, 23/15, 24/7, 24/8, 24/9, 26/8, 26/9, 26/10, 27/4, 27/5, 27/6, 27/8, 27/9, 27/11, 27/12, 27/13, 27/14, 28/5, 28/8, 28/9, 28/11, 28/13, 28/14, 28/15, 29/14, 29/15, 29/16, 30/6, 30/8, 30/9, 30/10, 33/4, 33/5, 33/6, 33/7, 33/8, 33/21, 33/22	Temporary use for access, including effecting access to highways and the creation of visibility splays, to facilitate construction of the authorised development, including any onshore Further Works, as defined in Schedule 1 to the Order, that may be required.	Work No. 13
Mid-Sussex District	34/6, 34/7, 34/8, 34/15, 34/31, 34/32, 34/33, 34/34, 34/35, 34/36, 34/37, 34/38, 34/39, 34/41	Temporary use for access, including effecting access to highways and the creation of visibility splays, to facilitate construction of the authorised development, including any onshore Further Works, as defined in Schedule 1 to the Order, that may be required.	Work No. 13

SCHEDULE 10 — PROTECTIVE PROVISIONS

PART 1 — PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

Application

1

For the protection of the affected undertakers referred to in this Part 1 of Schedule 10 (Application) the following provisions must, unless otherwise agreed in writing between the undertaker and the affected undertaking concerned, have effect.

2

In this Part—

• “affected undertaker” means— any licence holder within the meaning of Part 1 (electricity supply) of the 1989 Act (“an electricity undertaker”); a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986[^f00050] (a “gas undertaker”); a water undertaker within the meaning of the Water Industry Act 1991[^f00051] (a “water undertaker”); and a sewerage undertaker within the meaning of Part 1 (preliminary) of the Water Industry Act 1991 (a “sewerage undertaker”),

for the area of the authorised development but, for the avoidance of doubt, does not include the undertakers specified in Part 3, Part 4 and Part 5 of this Schedule, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained;

• “alternative apparatus” means alternative apparatus adequate to enable the affected undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;

• “apparatus” means— in the case of an electricity undertaker, electric lines or electrical plant (as defined in the 1989 Act), belonging to or maintained by that affected undertaker; in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply; in the case of a water undertaker— any mains, pipes or other apparatus belonging to or maintained by that affected undertaker for the purposes of water supply; and any water mains or service pipes (or part of a water main or service pipe) that is the subject of an agreement to adopt made under section 51A (agreements to adopt water main or service pipe at future date) of the Water Industry Act 1991; and in the case of a sewerage undertaker— any drain or works vested in the affected undertaker in accordance with the Water Industry Act 1991; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 (agreements to adopt sewer, drain or sewerage disposal works, at future date) of that Act,

and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “functions” includes powers and duties; and

• “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land.

Precedence of the 1991 Act in respect of apparatus in the streets

3

This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the affected undertaker are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

No acquisition etc. except by agreement

4

Regardless of any provision in this Order or anything shown on the land plans onshore, the undertaker must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

5

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of an affected undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the affected undertaker in question.

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to the affected undertaker in question written notice of that requirement, together with a plan and section 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 an affected undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the affected undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of 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, the affected undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

• (4) Any alternative apparatus to be constructed in land of 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 the affected undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 46 (arbitration).

• (5) The affected undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 46 (arbitration) and after the grant to the affected undertaker 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.

• (6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the affected undertaker in question that it desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land controlled by the undertaker, that work, instead of being executed by the affected undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the affected undertaker.

• (7) Nothing in sub-paragraph (6) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

Facilities and rights for alternative apparatus

6

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to an affected undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and the affected undertaker in question or in default of agreement settled by arbitration in accordance with article 46 (arbitration).

• (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 in the opinion of the arbitrator less favourable on the whole to the affected undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that affected undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

7

• (1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 5 that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 5, the undertaker must submit to the affected undertaker in question a plan, section and description of the works to be executed.

• (2) Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the affected undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the affected undertaker is entitled to watch and inspect the execution of those works.

• (3) Any requirements made by an affected undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

• (4) If an affected undertaker in accordance with sub-paragraph (2) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 6 apply as if the removal of the apparatus had been required by the undertaker under paragraph 5(2).

• (5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

• (6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the affected undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

8

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to an affected undertaker the reasonable expenses incurred by that affected undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 5.

• (2) There must 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, 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,

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 article 46 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part 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 the affected undertaker in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess.

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

• (a) an extension of apparatus to a length greater than the length of existing apparatus is not to 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 cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

• (5) An amount which apart from this sub-paragraph would be payable to an affected undertaker in respect of works by virtue of sub-paragraph (1) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than seven years and six months earlier so as to confer on the affected undertaker 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.

Expenses and costs

9

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraph 5, any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of an affected undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any affected undertaker, the undertaker must—

• (a) bear and pay the cost reasonably incurred by that affected undertaker in making good such damage or restoring the supply; and

• (b) make reasonable compensation to that affected undertaker for any other expenses, loss, damages, penalty or costs incurred by the affected undertaker,

by reason or in consequence of any such damage or interruption.

• (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an affected undertaker, its officers, servants, contractors or agents.

• (3) An affected undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise may be made without the consent of the undertaker which, if it withholds such consent, is to have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

10

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

PART 2 — PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

1

• (1) For the protection of any operator, the following provisions have effect unless otherwise agreed in writing between the undertaker and the operator.

• (2) In this part of this Schedule—

• “electronic communications apparatus” has the same meaning as in the electronic communications code;

• “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act;

• “electronic communications code network” means— so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 (application of the electronics communications code) of the 2003 Act; and an electronic communications network which the Secretary of State is providing or proposing to provide;

• “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;

• “infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code; and

• “operator” means the operator of an electronic communications code network.

2

The exercise of the powers of article 34 (statutory undertakers) are subject to Part 10 of Schedule 3A (the electronics communications code) to the 2003 Act.

3

• (1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works—

• (a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works, or other property of an operator); or

• (b) there is any interruption in the supply of the service provided by an operator,

the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and must make reasonable compensation to an operator—

• (a) for loss sustained by it; and

• (b) in respect of claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, an operator by reason, or in consequence of, any such damage or interruption.

• (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

• (3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand may be made without the consent of the undertaker which, if it withholds such consent, is to have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

• (4) Any difference arising between the undertaker and the operator under this paragraph must be referred to and settled by arbitration under article 46 (arbitration).

4

This part of this Schedule does not apply to—

• (a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; or

• (b) any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development.

5

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

PART 3 — FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER

Application

1

• (1) For the protection of National Grid as referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and National Grid.

• (2) Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the undertaker and National Grid, where the benefit of this Order is transferred or granted to another person under article 5 (benefit of Order)—

• (a) any agreement of the type mentioned in sub-paragraph (1) has effect as if it had been made between National Grid and the transferee or grantee (as the case may be); and

• (b) written notice of the transfer or grant must be given to National Grid on or before the date of that transfer or grant.

• (3) Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to National Grid.

Interpretation

2

In this Part of this Schedule—

• “acceptable credit provider” means a bank or financial institution with a credit rating that is not lower than— “A-” if the rating is assigned by Standard &Poor’s Ratings Group or Fitch Ratings; and “A3” if the rating is assigned by Moody’s Investors Services Inc;