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The Viking CCS Carbon Dioxide Pipeline Order 2025

Type Statutory-Instrument
Publication 2025-04-09
Last updated 2025-08-20
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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Reform history JSON API
(1) Area (2) Streets subject to street works (3) Description of the street works
In the borough of North Lincolnshire Rosper Road Works (as may be required) for the use of existing accesses as temporary access points, including maintenance and restoration works and installation of any required visibility splays at points 1-AA or 1-AB between points 1-SA and 1-SB as shown on sheet 1 of the access and rights of way plans.
In the borough of North Lincolnshire Rosper Road Works (as may be required) for the use of existing access as temporary access point, including maintenance and restoration works and installation of any required visibility splays at point 1-AC between points 1-SB and 1-SC as shown on sheet 1 of the access and rights of way plans.
In the borough of North Lincolnshire Humber Road Works for the construction, use, maintenance and restoration of temporary access and any required visibility splays at point 1-AE between points 1-SD and 1-SE as shown on sheet 1 of the access and rights of way plans.
In the borough of North East Lincolnshire Manby Road Works (as may be required) for the use of an existing access as a temporary access, including maintenance and restoration works and installation of any required visibility splays at point 1-AF between points 1-SF and 1-SG as shown on sheet 1 of the access and rights of way plans.
In the borough of North East Lincolnshire Manby Road Works (as may be required) for the use of an existing access as a temporary access, including maintenance and restoration works and installation of any required visibility splays at point 1-AG between points 1-SH and 1-SI as shown on sheet 1 of the access and rights of way plans.
In the borough of North East Lincolnshire Manby Road Works for the construction, use, maintenance and restoration of temporary access and any required visibility splays at point 1-AH between points 1-SH and 1-SI as shown on sheet 1 of the access and rights of way plans.
In the borough of North East Lincolnshire Mill Lane Works for the construction, use, maintenance and restoration of temporary access/plant crossing and any required visibility splays at points marked 3-AA and 3-AB between points 3-SA and 3-SB as shown on sheet 3 of the access and rights of way plans.
In the borough of North East Lincolnshire Habrough Road, Immingham (B1210) Works for the construction, use, maintenance and restoration of temporary access/plant crossing and any required visibility splays at points marked 3-AC and 3-AD between points 3-SC and 3-SD as shown on sheet 3 of the access and rights of way plans.
In the borough of North East Lincolnshire Habrough Road Installation and use of cables and fibre optic cables at a designated location along Habrough Road (between points 4-SA and 4-SB) to the “North Construction Compound” as shown on sheet 4 of the access and rights of way plans, and Work No. 7b.
In the borough of North East Lincolnshire Roxton Road Works for the construction, use, maintenance, and restoration of temporary access/plant crossing and any required visibility splays at points marked 5-AA and 5-AB (between points 5-SC and 5-SD) as shown on sheet 5 of the access and rights of way plans.
In the borough of North East Lincolnshire Roxton Road Works (as may be required) for the use of an existing access as a temporary access, including maintenance and restoration works and installation of any required visibility splays at point 6-AA between points 6-SA and 6-SB as shown on sheet 6 of the access and rights of way plans.
In the borough of North East Lincolnshire Keelby Road Works for the construction, use, maintenance and restoration of temporary access/plant crossing and any required visibility splays at points marked 6-AB and 7-AA (between points 7-SA and 7-SB) as shown on sheet 7 of the access and rights of way plans.
In the borough of North East Lincolnshire Riby Road Works for the construction, use, maintenance and restoration of temporary plant crossing and any required visibility splays at points marked 8-AA and 8-AB (between points 8-SA and 8-SB) as shown on sheet 8 of the access and rights of way plans.
In the county of Lincolnshire Wells Road Works for the construction, use, maintenance and restoration of temporary access/plant crossing and any required visibility splays at points 8-AC and 8-AD (between points 8-SC and 8-SD) as shown on sheet 8 of the access and rights of way plans.
In the borough of North East Lincolnshire Lay-By on Barton Street (A18) Works for the construction, use, maintenance and restoration of temporary access and any required visibility splays at point 9-AA (between points 9-SA, 9-SB, 9-SC and 9-SD) as shown on sheet 9 of the access and rights of way plans.
In the borough of North East Lincolnshire Washingdales Lane Works for the construction, use, maintenance and restoration of temporary access/plant crossing and any required visibility splays at points marked 10-AA and 10-AB (between points 10-SA and 10-SB) as shown on sheet 10 of the access and rights of way plans.
In the borough of North East Lincolnshire Old Main Road Works for the construction, use, maintenance and restoration of temporary access and any required visibility splays at points marked 11-AB and 11-AC (between points 11-SC and 11-SD) as shown on sheet 11 of the access and rights of way plans.
In the borough of North East Lincolnshire Barton Street Works for the construction, use, maintenance and restoration of temporary access and any required visibility splays at point 12-AA (between points 12-SA and 12-SB) as shown on sheet 12 of the access and rights of way plans.
In the borough of North East Lincolnshire Barton Street Works for the construction, use, maintenance and restoration of temporary access and any required visibility splays at point 13-AA (between points 13-SC and 13-SD) as shown on sheet 13 of the access and rights of way plans.
In the borough of North East Lincolnshire Beelsby Road Works for the construction, use, maintenance and restoration of temporary access/plant crossing and any required visibility splays at points marked 13-AB and 13-AC (between points 13-SE and 13-SF) as shown on sheet 13 of the access and rights of way plans.
In the borough of North East Lincolnshire Brigsley Road Works for the construction, use, maintenance and restoration of temporary plant crossing and any required visibility splays at points marked 15-AA and 15-AB (between points 15-SA and 15-SB) as shown on sheet 15 of the access and rights of way plans.
In the borough of North East Lincolnshire Thoroughfare Works for the construction, use, maintenance and restoration of temporary access/plant crossing and any required visibility splays at points marked 16-AA and 16-AB (between points 16-SA and 16-SB) as shown on sheet 16 of the access and rights of way plans.
In the county of Lincolnshire Grainsby Lane Works for the construction, use, maintenance and restoration of temporary access/plant crossing and any required visibility splays at points marked 17-AA and 18-AA (between points 18-SA and 18-SB) as shown on sheet 18 of the access and rights of way plans.
In the county of Lincolnshire White Road Works for the construction, use, maintenance and restoration of temporary access/plant crossing and any required visibility splays at points marked 19-AA and 19-AB (between points 19-SA and 19-SB) as shown on sheet 19 of the access and rights of way plans.
In the county of Lincolnshire Main Road (A16) Works (as may be required) for the use of an existing access as a temporary access, including maintenance and restoration works and installation of any required visibility splays at points marked 20-AA and 20-AB (between points 20-SA and 20-SB) as shown on sheet 20 of the access and rights of way plans.
In the county of Lincolnshire Main Road (A16) Works for the construction, use, maintenance and restoration of temporary access/plant crossing and any required visibility splays at points marked 20-AC and 20-AD (between points 20-SC and 20-SD) as shown on sheet 20 of the access and rights of way plans.
In the county of Lincolnshire Station Road Works for the construction, use, maintenance and restoration of temporary access/plant crossing and any required visibility splays at points marked 21-AA and 21-AB (between points 21-SA and 21-SB) as shown on sheet 21 of the access and rights of way plans.
In the district of East Lindsey Pear Tree Lane Works for the construction, use, maintenance and restoration of temporary access/plant crossing and any required visibility splays at points marked 21-AC and 21-AD (between points 21-SC and 21-SD) as shown on sheet 21 of the access and rights of way plans.
In the district of East Lindsey Ings Lane Works for the construction, use, maintenance and restoration of temporary plant crossing and any required visibility splays at points marked 23-AA and 23-AB (between points 23-SA and 23-SB) as shown on sheet 23 of the access and rights of way plans.
In the district of East Lindsey Fotherby Road Works for the construction, use, maintenance and restoration of temporary access/plant crossing and any required visibility splays at points marked 23-AC and 23-AD (between points 23-SC and 23-SD) as shown on sheet 23 of the access and rights of way plans.
In the district of East Lindsey Brackenborough Road Works for the construction, use, maintenance and restoration of temporary plant crossing and any required visibility splays at point 24-AA (between points 24-SA and 24-SB) as shown on sheet 24 of the access and rights of way plans.
In the district of East Lindsey Brackenborough Road Works for the construction, use, maintenance and restoration of temporary plant crossing and any required visibility splays at point 24-AB (between points 24-SC and 24-SD) as shown on sheet 24 of the access and rights of way plans.
In the district of East Lindsey Brackenborough Road Works for the construction, use, maintenance, and restoration of temporary access/plant crossing and any required visibility splays at points marked 24-AC and 24-AD (between points 24-SE and 24-SF) as shown on sheet 24 of the access and rights of way plans.
In the district of East Lindsey Louth Road Works for the construction, use, maintenance, and restoration of temporary access/plant crossing and any required visibility splays at point marked 25-AA and 26-AA (between points 25-SB and 26-SA) as shown on sheets 25 and 26 of the access and rights of way plans.
In the district of East Lindsey Louth Road Works for the construction, use, maintenance, and restoration of temporary access/plant crossing and any required visibility splays at points marked 27-AA and 27-AB (between points 27-SA and 27-SB) as shown on sheet 27 of the access and rights of way plans.
In the district of East Lindsey Mill Hill Way Works for the construction, use, maintenance, and restoration of temporary plant crossing and any required visibility splays at points marked 27-AC and 27-AD (between points 27-SC and 27-SD) as shown on sheet 27 of the access and rights of way plans.
In the district of East Lindsey Red Leas Lane Works for the construction, use, maintenance, and restoration of temporary plant crossing and any required visibility splays at points marked 28-AA, 28-AB, 28-AC, 28-AD and 28-AE (between points 28-SA and 28-SB) as shown on sheet 28 of the access and rights of way plans.
In the district of East Lindsey Marsh Lane Works for the construction, use, maintenance, and restoration of temporary access/plant crossing and any required visibility splays at points marked 28-AF and 28-AG (between points 28-SC and 28-SD) as shown on sheet 28 of the access and rights of way plans.
In the district of East Lindsey Pick Hill Lane Works for the construction, use, maintenance, and restoration of temporary access/plant crossing and any required visibility splays at points marked 28-AH and 28-AI (between points 29-SA and 29-SB) as shown on sheet 28 of the access and rights of way plans.
In the district of East Lindsey Pick Hill Lane Works for the construction, use, maintenance, and restoration of temporary plant crossing and any required visibility splays at points marked 29-AA and 29-AB (between points 29-SC and 29-SD) as shown on sheet 29 of the access and rights of way plans.
In the district of East Lindsey Manby Middlegate Works for the Construction, use, maintenance and restoration of temporary access and any required visibility splays at points marked 30-AA, 30-AB, 30-AC and 30-AD (between points 30-SA and 30-SB) as shown on sheet 30 of the access and rights of way plans.
In the district of East Lindsey Lordship Road Works for the construction, use, maintenance, and restoration of temporary access/plant crossing and any required visibility splays at points marked 31-AA and 31-AB (between points 31-SA and 31-SB) as shown on sheet 31 of the access and rights of way plans.
In the district of East Lindsey Mill Road Works for the construction, use, maintenance, and restoration of temporary access/plant crossing and any required visibility splays at points marked 34-AA and 34-AB (between points 34-SA and 34-SB) as shown on sheet 34 of the access and rights of way plans.
In the district of East Lindsey Mablethorpe Road Works for the construction, use, maintenance, and restoration of temporary access/plant crossing and any required visibility splays at points marked 34-AC and 35-AB (between points 35-SC and 35-SD) shown on sheet 35 of the access and rights of way plans.
In the district of East Lindsey Mablethorpe Road Works for the construction, use, maintenance and restoration of temporary access and any required visibility splays at point 34-AD (between points 35-SE and 35-SF) as shown on sheet 35 of the access and rights of way plans.
In the district of East Lindsey Mablethorpe Road Works (as may be required) for the use of an existing access as a temporary access, including maintenance and restoration works and installation of any required visibility splays at point 35-AC (between points 35-SG and 35-SH) as shown on sheet 35 of the access and rights of way plans.
In the district of East Lindsey Mablethorpe Road Works (as may be required) for the use of an existing access as a temporary access, including maintenance and restoration works and installation of any required visibility splays at point 35-AD (between points 35-SI and 35-SJ) as shown on sheet 35 of the access and rights of way plans.
In the district of East Lindsey Meers Bank Works (as may be required) for the use of an existing access as a temporary access, including maintenance and restoration works and installation of any required visibility splays at point 36-AA (between points 36-SA and 36-SB) as shown on sheet 36 of the access and rights of way plans.

SCHEDULE 4 — New means of access

PART 1 — New permanent means of access from the public highway

(1) Area (2) Street (3) Description of relevant part of access
In the borough of North East Lincolnshire Rosper Road Works for the installation and maintenance of a new access to Work No. 1 at either Point 1-AA or Point 1-AB as shown on sheet 1 of the access and rights of way plans.
In the borough of North East Lincolnshire Washingdales Lane Works for the installation and maintenance of a new access to Work No. 14, point 10-AB as shown on sheet 10 of the access and rights of way plans.
In the borough of North East Lincolnshire Thoroughfare Works for the installation and maintenance of a new access to Work No. 21, point 16-AB as shown on sheet 16 of the access and rights of way plans.
In the district of East Lindsey Louth Road Works for the installation and maintenance of a new access to Work No. 31, point 25-AA as shown on sheet 26 of the access and rights of way plans.

PART 2 — New temporary means of access from the public highway

(1) Area (2) Street (3) Description of relevant part of access
In the borough of North Lincolnshire Humber Road Works for the installation, use, maintenance and restoration of temporary access at point marked 1-AE as shown on sheet 1 of the access and rights of way plans.
In the borough of North East Lincolnshire Manby Road – A1173 Road Works for the installation, use, maintenance and restoration of temporary access at point marked 1-AH as shown on sheet 1 of the access and rights of way plans
In the borough of North East Lincolnshire Mill Lane Works for the installation, use, maintenance and restoration of temporary access at points marked 3-AA and 3-AB as shown on sheet 3 of the access and rights of way plans.
In the borough of North East Lincolnshire Habrough Road, Immingham (B1210) Works for the installation, use, maintenance and restoration of temporary access at points crossing marked 3-AB and 3-AC as shown on sheet 3 of the access and rights of way plans.
In the borough of North East Lincolnshire Roxton Road Works for the installation, use, maintenance and restoration of temporary access at points marked 5-AA and 5-AB as shown on sheet 5 of the access and rights of way plans.
In the borough of North East Lincolnshire Keelby Road Works for the installation, use, maintenance and restoration of temporary access at points marked 6-AB and 7-AA as shown on sheet 7 of the access and rights of way plans.
In the borough of North East Lincolnshire Riby Road Works for the installation, use, maintenance and restoration of temporary access at points marked 8-AA and 8-AB as shown on sheet 8 of the access and rights of way plans.
In the county of Lincolnshire Wells Road Works for the installation, use, maintenance and restoration of temporary access at points marked 8-AC and 8-AD as shown on sheet 8 of the access and rights of way plans.
In the borough of North East Lincolnshire Lay-By on Barton Street (A18) Works for the installation, use, maintenance and restoration of temporary access at point marked 9-AA as shown on sheet 9 of the access and rights of way plans.
In the borough of North East Lincolnshire A46 Road Works for the installation, use, maintenance and restoration of temporary access at points marked 11-AA and 11-AD as shown on sheet 11 of the access and rights of way plans.
In the borough of North East Lincolnshire Old Main Road Works for the installation, use, maintenance and restoration of temporary access at points marked 11-AB and 11-AC as shown on sheet 11 of the access and rights of way plans.
In the borough of North East Lincolnshire Barton Street (A18) Works for the installation, use, maintenance and restoration of temporary access at point marked 12-AA as shown on sheet 12 of the access and rights of way plans.
In the borough of North East Lincolnshire Barton Street (A18) Works for the installation, use, maintenance and restoration of temporary access at point marked 13-AA as shown on sheet 13 of the access and rights of way plans.
In the borough of North East Lincolnshire Beelsby Road Works for the installation, use, maintenance and restoration of temporary access at points marked 13-AB and 13-AC as shown on sheet 13 of the access and rights of way plans.
In the borough of North East Lincolnshire Brigsley Road Works for the installation, use, maintenance and restoration of temporary access at points marked 15-AA and 15-AB as shown on sheet 15 of the access and rights of way plans.
In the borough of North East Lincolnshire Thoroughfare Works for the installation, use, maintenance and restoration of temporary access at points marked 16-AA and 16-AB as shown on sheet 16 of the access and rights of way plans.
In the county of Lincolnshire Grainsby Lane Works for the installation, use, maintenance and restoration of temporary access at points marked 17-AA and 18-AA as shown on sheet 18 of the access and rights of way plans.
In the county of Lincolnshire White Road Works for the installation, use, maintenance and restoration of temporary access at points marked 19-AA and 19-AB as shown on sheet 19 of the access and rights of way plans.
In the county of Lincolnshire Main Road (A16) Works for the installation, use, maintenance and restoration of temporary access at points marked 20-AC and 20-AD as shown on sheet 20 of the access and rights of way plans.
In the county of Lincolnshire Station Road Works for the installation, use, maintenance and restoration of temporary access at points marked 21-AA and 21-AB as shown on sheet 21 of the access and rights of way plans.
In the district of East Lindsey Pear Tree Lane Works for the installation, use, maintenance and restoration of temporary access at points marked 21-AC and 21-AD as shown on sheet 21 of the access and rights of way plans.
In the district of East Lindsey Ings Lane Works for the installation, use, maintenance and restoration of temporary access at points marked 23-AA and 23-AB as shown on sheet 23 of the access and rights of way plans.
In the district of East Lindsey Fotherby Road Works for the installation, use, maintenance and restoration of temporary access at points marked 23-AC and 23-AD as shown on sheet 23 of the access and rights of way plans.
In the district of East Lindsey Brackenborough Road Works for the installation, use, maintenance and restoration of temporary access at points marked 24-AC and 24-AD as shown on sheet 24 of the access and rights of way plans.
In the district of East Lindsey Louth Road Works for the installation, use, maintenance and restoration of temporary access at points marked 25-AA and 26-AA as shown on sheet 26 of the access and rights of way plans.
In the district of East Lindsey Louth Road Works for the installation, use, maintenance and restoration of temporary access at points marked 27-AA and 27-AB as shown on sheet 27 of the access and rights of way plans.
In the district of East Lindsey Mill Hill Way Works for the installation, use, maintenance and restoration of temporary access at points marked 27-AC and 27-AD as shown on sheet 27 of the access and rights of way plans.
In the district of East Lindsey Red Leas Lane Works for the installation, use, maintenance and restoration of temporary access at points marked 28-AA, 28-AB, 28-AC, 28-AD and 28-AE as shown on sheet 28 of the access and rights of way plans.
In the district of East Lindsey Marsh Lane Works for the installation, use, maintenance and restoration of temporary access at points marked 28-AF and 28-AG as shown on sheet 28 of the access and rights of way plans.
In the district of East Lindsey Pick Hill Lane Works for the installation, use, maintenance and restoration of temporary access at points marked 28-AH and 28-AI as shown on sheet 28 of the access and rights of way plans.
In the district of East Lindsey Pick Hill Lane Works for the installation, use, maintenance and restoration of temporary access at points marked 29-AA and 29-AB as shown on sheet 29 of the access and rights of way plans.
In the district of East Lindsey Manby Middlegate Works for the installation, use, maintenance and restoration of temporary access at points marked 30-AA, 30-AB, 30-AC and 30-AD as shown on sheet 30 of the access and rights of way plans.
In the district of East Lindsey Lordship Road Works for the installation, use, maintenance and restoration of temporary access at points marked 31-AA and 31-AB as shown on sheet 31 of the access and rights of way plans.
In the district of East Lindsey Mill Road Works for the installation, use, maintenance and restoration of temporary access at points marked 34-AA and 34-AB as shown on sheet 34 of the access and rights of way plans.
In the district of East Lindsey Mablethorpe Road Works for the installation, use, maintenance and restoration of temporary access at points marked 34-AC, 34-AD, 35-AA and 35-AB A as shown on sheet 35 of the access and rights of way plans.

SCHEDULE 5 — Public rights of way to be temporarily restricted

(1) Area (2) Public right of way (3) Description of temporary stopping up etc.
In the borough of North Lincolnshire North Lincolnshire/ SKIL 91A Temporary closure with diversion provided between points marked 1-PA and 1-PB as shown on sheet 1 of the access and rights of way plans.
In the borough of North East Lincolnshire Habrough/11 Temporary closure with diversion provided between points marked 3-PA and 3-PB as shown on sheet 3 of the access and rights of way plans.
In the borough of North East Lincolnshire Habrough/11 Temporary closure with diversion provided between points marked 3-PC and 3-PD as shown on sheet 3 of the access and rights of way plans.
In the borough of North East Lincolnshire Habrough/4 Temporary closure with diversion provided between points marked 6-PA and 6-PB as shown on sheet 6 of the access and rights of way plans.
In the borough of North East Lincolnshire Aylesby/116 Temporary closure with diversion provided between points marked 9-PA and 9-PB as shown on sheet 9 of the access and rights of way plans.
In the borough of North East Lincolnshire Aylesby/130 Temporary closure with diversion provided between points marked 10-PA and 10-PB as shown on sheet 10 of the access and rights of way plans.
In the borough of North East Lincolnshire Laceby/119 Temporary closure with diversion provided between points marked 11-PA and 11-PB as shown on sheet 11 of the access and rights of way plans.
In the borough of North East Lincolnshire Irby Upon Humber/161a Temporary closure with diversion provided between points marked 11-PC and 11-PD as shown on sheet 11 of the access and rights of way plans.
In the borough of North East Lincolnshire Irby Upon Humber/124 Temporary closure with diversion provided between points marked 12-PA and 12-PB as shown on sheet 12 of the access and rights of way plans.
In the borough of North East Lincolnshire Barnoldby Le Beck/94 Temporary closure with diversion provided between points marked 13-PA and 13-PB as shown on sheet 13 of the access and rights of way plans.
In the borough of North East Lincolnshire Ashby cum Fenby/81 Temporary closure with diversion provided between points marked 15-PA and 15-PB as shown on sheet 15 of the access and rights of way plans.
In the borough of North East Lincolnshire Ashby cum Fenby/82 Temporary closure with diversion provided between points marked 15-PA and 15-PB as shown on sheet 15 of the access and rights of way plans.
In the borough of North East Lincolnshire Ashby cum Fenby/85 Temporary closure with diversion provided between points marked 15-PA and 15-PB as shown on sheet 15 of the access and rights of way plans.
In the borough of North East Lincolnshire Ashby cum Fenby/85 Temporary closure with diversion provided between points marked 15-PC and 15-PD as shown on sheet 15 of the access and rights of way plans.
In the borough of North East Lincolnshire Ashby cum Fenby/85 Temporary closure with diversion provided between points marked 16-PA and 16-PB as shown on sheet 16 of the access and rights of way plans.
In the borough of North East Lincolnshire Ashby cum Fenby/86 Temporary closure with diversion provided between points marked 16-PA and 16-PB as shown on sheet 16 of the access and rights of way plans.
In the borough of North East Lincolnshire Ashby cum Fenby/87 Temporary closure with diversion provided between points marked 17-PA and 17-PB as shown on sheet 17 of the access and rights of way plans.
In the county of Lincolnshire NTho 113/1 Temporary closure with diversion provided between points marked 19-PA and 19-PB as shown on sheet 19 of the access and rights of way plans.
In the county of Lincolnshire Utte 78/1 Temporary track/pathway closure with diversion provided to all traffic/pedestrian between points marked 22-PA and 22-PB as shown on sheet 22 of the access and rights of way plans.
In the county of Lincolnshire Utte 83/1 Temporary track/pathway closure with diversion provided to all traffic/pedestrian between points marked 22-PA and 22-PB as shown on sheet 22 of the access and rights of way plans.
In the county of Lincolnshire Utte 83/1 Temporary closure with diversion provided between points marked 22-PA and 22-PC as shown on sheet 22 of the access and rights of way plans.
In the county of Lincolnshire Utte 83/2 Temporary closure with diversion provided between points marked 22-PA and 22-PC as shown on sheet 22 of the access and rights of way plans.
In the county of Lincolnshire LGri 77/1 Temporary closure with diversion provided between points marked 24-PA and 24-PB as shown on sheet 24 of the access and rights of way plans.
In the county of Lincolnshire NCoc 68/1 Temporary closure with diversion provided between points marked 26-PA and 26-PB as shown on sheet 26 of the access and rights of way plans.
In the county of Lincolnshire GayM 193/1 Temporary closure with diversion provided between points marked 31-PA and 31-PB as shown on sheet 31 of the access and rights of way plans.
In the county of Lincolnshire ThSH 250/2 Temporary closure with diversion provided between points marked 34-PA and 34-PB as shown on sheet 34 of the access and rights of way plans.
In the county of Lincolnshire ThSH 249/1 Temporary closure with diversion provided between points marked 34-PC and 34-PD as shown on sheet 34 of the access and rights of way plans.

SCHEDULE 6 — Land of which only temporary possession may be taken

(1) Area (2) Number of plot shown on land plans (3) Purpose for which temporary possession may be taken (4) Relevant part of authorised development
In the borough of North Lincolnshire 1/57 Temporary use as a working area Work No.01A
In the borough of North East Lincolnshire 4/1, 4/2, 4/3, 4/4, 4/5, 4/6, 4/7, 4/8, 4/9, 4/10, 4/11, 4/12, 4/13, 4/14, 4/15 Temporary use as a construction compound and working area. Work Nos.7, 7A, 7B
In the borough of North East Lincolnshire 6/1, 6/2 Temporary use as a construction access. Work No. 9A
In the county of Lincolnshire 9/1, 9/3, 9/6 Temporary use as a construction access. Work No. 12A
In the borough of North East Lincolnshire 9/13 Temporary use as a construction access. Work No. 12B
In the borough of North East Lincolnshire 12/6, 12/8 Temporary use as a construction compound and working area. Work Nos. 16B, 16C
In the borough of North East Lincolnshire 13/6 Temporary use as a construction access. Work No. 17B
In the borough of North East Lincolnshire 14/3, 14/4, 14/5 Temporary use as a construction access. Work No. 18A
In the borough of North East Lincolnshire 16/9 Temporary use as a construction access. Work No. 21C
In the county of Lincolnshire 20/6, 20/7, 20/9 Temporary use as a construction access. Work No. 25A
In the county of Lincolnshire 20/10, 20/11, 20/13, 20/14 Temporary use as a construction access. Work No. 25B
In the county of Lincolnshire 24/4, 24/5 Temporary use as a construction access. Work No. 29A
In the county of Lincolnshire 24/6, 24/7 Temporary use as a construction access. Work No. 29B
In the county of Lincolnshire 28/7, 28/9, 28/10,28/11 Temporary use as a construction access. Work No. 34B
In the county of Lincolnshire 29/3, 29/4, 29/5, 29/7 Temporary use as a construction access. Work No. 34C
In the county of Lincolnshire 30/3, 30/4, 30/5 Temporary use as a construction access. Work No. 36A
In the county of Lincolnshire 30/13,30/14, 30/15 Temporary use as a construction access. Work No. 36D
In the county of Lincolnshire 35/2, 35/3, 35/4, 35/6 Temporary use as a construction access. Work No. 41A
In the county of Lincolnshire 35/42, 36/1 Temporary use as a construction compound and working area. Work No.47
In the county of Lincolnshire 36/9, 36/10 Temporary use as a working area. Work Nos. 48C and 48D

SCHEDULE 7 — Land in which only new rights etc., may be acquired

Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised development to—

  • (a) pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, inspecting, removing and replacing the authorised development, the inspection, testing, maintenance, renewal, upgrading, replacement and removal of the pipeline and connection into any adjacent pipeline and associated works, to take plant and equipment on to adjoining land;
  • (b) make such investigations in or on the Land which is ancillary for the purposes of exercise of the rights;
  • (c) construct, use, maintain and improve a permanent means of access including visibility splays, and retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing the Land, adjoining land and highway;
  • (d) place and use plant, machinery, structures and temporary structures within the Land, and to erect temporary signage and provide measures for the benefit of public and personnel safety;
  • (e) fell, lop or cut, coppice wood, uproot trees or hedges or shrubs which now or hereafter may be standing on the Land;
  • (f) repair, improve, renew, remove, relocate and plant trees, woodland, shrubs, hedgerows, seeding and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs and landscaping;
  • (g) install, execute, implement, retain, repair, improve, renew, relocate, maintain and carry out mitigation, maintenance, remediation works for environmental or ecological mitigation or enhancement works, including temporary works for noise alleviation measures and the installation of temporary barriers for the protection of fauna;
  • (h) erect and remove temporary fencing, gates, walls, barriers or other means of enclosure; and
  • (i) lay out temporary paths and bridleways for public use as temporary diversions for public rights of way which are interfered with during any period in which construction, maintenance, repair or renewal decommissioning is being carried out.

A restrictive covenant over the Land for the benefit of the remainder of the Order land to:

  • (j) prevent anything being done which may interfere with free flow and passage of carbon dioxide along the pipeline or electronic communications through the cables and fibre optic cables ancillary to the pipeline, or support for the authorised development;
  • (k) prevent anything to be done in or upon the Land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto);
  • (l) 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 or expensive to access the relevant part of the authorised development); and
  • (m) prevent carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt, or interfere with the exercise of the rights or damage the authorised development.

SCHEDULE 8 — Modification of compensation and compulsory purchase enactments for creation of new rights

Compensation enactments

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 imposition of a restrictive covenant as they apply as respects compensation for the compulsory purchase of land and interests in land.

2

Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the following modification—

3

  • (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00047] 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 4(4) of this Schedule—
  • (a) for “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and
  • (b) for “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.

Application of Part 1 of the 1965 Act

4

  • (1) Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 30 (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 24 (compulsory acquisition of rights and restrictive covenants)—
  • (a) with the modifications specified in sub-paragraphs (2) to (9); and
  • (b) with such other modifications as may be necessary.
  • (2) The modifications referred to in sub-paragraph (1) are as follows.
  • (3) References in 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 restriction imposed or to be imposed; or
  • (b) the land over which the right is or is to be exercisable, or the restriction is or is to be enforceable.
  • (4) 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 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.

  • (5) 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) (failure by owners to convey);
  • (b) paragraph 10(3) of Schedule 1 (owners under incapacity);
  • (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 modified so 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.

  • (6) Section 11 (powers of entry) of the 1965 Act is modified so as to secure that, where the acquiring authority has served notice to treat in respect of any right or restriction, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition), 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; and sections 11A[^f00048] (powers of entry: further notices of entry), 11B[^f00049] (counter-notice requiring possession to be taken on specified date), 12 (unauthorised entry) and 13 (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.
  • (7) 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.
  • (8) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 30(4) is also modified so 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, subject to compliance with that section as respects compensation.
  • (9) For Schedule 2A to the 1965 Act substitute—

SCHEDULE2A (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or a 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 28 (application of the 1981 Act) of the Viking CCS Carbon Dioxide Pipeline Order 2025 in respect of the land to which the notice to treat relates. (2) But see article 29 (acquisition of subsoil or airspace only) of the Viking CCS Carbon Dioxide Pipeline Order 2025 which excludes the acquisition of subsoil only from this Schedule. (3) In this Schedule, “house” includes any park or garden belonging to a house. (2) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner’s interest in the house, building or factory. (3) A counter-notice under paragraph 2 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (4) 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. (5) The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (6) If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (7) If the authority do 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. (8) If the authority serve 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. (9) On a referral under paragraph 6, 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 detriment 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. (10) In making the 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. (11) 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 9, it must determine how much of the house, building or factory the acquiring authority ought to be required to take. (12) If the Upper Tribunal determines that the acquiring 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. (13) (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of six 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 it must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawing of the notice. (14) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 9 — Protective provisions

PART 1 — Protection for electricity, gas, water and sewerage undertakers

1

The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and the utility undertaker in question.

2

In this Part—

  • “alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;
  • “apparatus” means—in the case of a utility undertaker within paragraph (a) of the definition of that term, electric lines or electrical plant (as defined in the Electricity Act 1989[^f00050]), belonging to or maintained by that licence holder;in the case of a utility undertaker within paragraph (b) of the definition of that term, any mains, pipes or other apparatus belonging to or maintained by that gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00051] for the purposes of gas supply;in the case of a utility undertaker within paragraph (c) of the definition of that term, mains, pipes or other apparatus belonging to or maintained by that water undertaker for the purposes of water supply; andin the case of a utility undertaker within paragraph (d) of the definition of that term—any drain or works vested in the sewerage undertaker under the Water Industry Act 1991[^f00052]; andany 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 sewage disposal works, at future date) of that Act[^f00053],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;
  • “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;
  • “plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed; and
  • “utility undertaker” means—any licence holder within the meaning of Part 1 of the Electricity Act 1989;a gas transporter within the meaning of Part 1 of the Gas Act 1986;a water undertaker within the meaning of the Water Industry Act 1991; anda sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991,for the area of the onshore works, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.

On street apparatus and offshore works

3

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

Acquisition of land

4

Regardless of any provision of this Order or anything shown on the land plans, 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 or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part, and any right of a utility 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 utility undertaker in question.
  • (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question 28 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed; and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph ‎(3), afford to the utility 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 utility 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 must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 48 (arbitration).
  • (5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 48 (arbitration), and after the grant to the utility 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 utility undertaker in question that the undertaker desires itself to execute any work, or part of any work, in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility 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, the undertaker affords to a utility 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 utility undertaker in question or in default of agreement settled by arbitration in accordance with article 48 (arbitration).
  • (2) In settling those terms and conditions in respect of alternative apparatus to be constructed in or along the authorised development, the arbitrator must—
  • (a) give effect to all reasonable requirements of the undertaker for ensuring the safety and efficient operation of the authorised development and for securing any subsequent alterations or adaptations of the alternative apparatus that may be required to prevent interference with any proposed works of the undertaker; and
  • (b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to the apparatus constructed in or along the authorised project for which the alternative apparatus is to be substituted.
  • (3) 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 utility 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 utility 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 in, on or under any land purchased, held, appropriated or used under this Order 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(2), the undertaker must submit to the utility undertaker in question a plan of the works to be executed.
  • (2) Those works must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph ‎(3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker is entitled to watch and inspect the execution of those works.
  • (3) Any requirements made by a utility undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan under sub-paragraph is submitted to it.
  • (4) If a utility undertaker, in accordance with sub-paragraph ‎(3) 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, the provisions of this Part 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 instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.
  • (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 utility undertaker in question notice as soon as is reasonably practicable and a plan 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.

Expenses and costs

8

  • (1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker the reasonable expenses agreed with the undertaker in advance and reasonably incurred by that utility 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).
  • (2) The value of any apparatus removed under the provisions of this Part must be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.
  • (3) If in accordance with the provisions of this Part—
  • (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or
  • (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 48 (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 utility 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 must not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and
  • (b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must 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 a utility 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 7 years and 6 months earlier so as to confer on the utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

9

  • (1) Subject to sub-paragraph ‎(2), if by reason or in consequence of the construction of any such works referred to in paragraph 5(2) 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 a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—
  • (a) bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and
  • (b) make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility 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—
  • (a) any damage or interruption to the extent that it is attributable to the act, neglect or default of a utility undertaker, its officers, servants, contractors or agents; or
  • (b) any indirect or consequential loss of the operator or any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption.
  • (3) A utility undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker and, if such consent is withheld, the undertaker has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Miscellaneous

10

Nothing in this Part affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaker in respect of any apparatus 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

11

The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and the operator in question.

12

In this Part—

  • “the 2003 Act” means the Communications Act 2003[^f00054];
  • “electronic communications apparatus” has the same meaning as in the electronic communications code;
  • “the electronic communications code” has the same meaning as in section 106[^f00055] (application of the electronic communications code) 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 of the 2003 Act; andan electronic communications network which the undertaker 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 (infrastructure system) of that code; and
  • “operator” means the operator of an electronic communications code network.

13

The exercise of the powers conferred by article 34 (statutory undertakers) is subject to Part 10 (undertaker’s works affecting electronic communications apparatus) of the electronic communications code.

14

  • (1) Subject to sub-paragraphs ‎(2) to ‎(4), if as a result of the authorised development or its construction, or of any subsidence resulting from the authorised development—
  • (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 the authorised development), 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 agreed by the undertaker in advance and reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it 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 is to be made without the consent of the undertaker and, if such consent is withheld, the undertaker has 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 Part must be referred to and settled by arbitration under article 48 (arbitration).
  • (5) This Part 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.
  • (6) Nothing in this Part affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus 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

15

  • (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 7 (benefit of the 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 (but without prejudice to paragraph 25(3)(b)) of this Part of this Schedule.

Interpretation

16

In this Part of this Schedule—

  • “1991 Act” means the New Roads and Street Works Act 1991;
  • “acceptable credit provider” means a bank or financial institution with a credit rating that is not lower than: (i) “A-” if the rating is assigned by Standard and Poor’s Ratings Group or Fitch Ratings; and “A3” if the rating is assigned by Moody’s Investors Services Inc.;
  • “acceptable insurance” means general third party liability insurance effected and maintained by the undertaker with a combined property damage and bodily injury limit of indemnity of not less than £50,000,000.00 (fifty million pounds sterling) per occurrence or series of occurrences arising out of one event. Such insurance shall be maintained (a) for the duration of the construction period of the authorised works; and (b) after the construction period of the authorised works in respect of any use and maintenance of the authorised development by or on behalf of the undertaker which constitute specified works and arranged with an insurer whose security/credit rating meets the same requirements as an “acceptable credit provider”, such insurance shall include (without limitation):a waiver of subrogation and an indemnity to principal clause in favour of National Grid;pollution liability for third party property damage and third party bodily damage arising from any pollution/contamination event with a (sub)limit of indemnity of not less than £10,000,000.00 (ten million pounds) per occurrence or series of occurrences arising out of one event or £20,000,000.00 (twenty million pounds) in aggregate;
  • “acceptable security” means a bank bond or letter of credit from an acceptable credit provider in favour of National Grid to cover the undertaker’s liability to National Grid for an amount of not less than £10,000,000.00 (ten million pounds) per asset per event up to a total liability cap of £50,000,000.00 (fifty million pounds) (in a form reasonably satisfactory to National Grid);
  • “alternative apparatus” means appropriate alternative apparatus to the satisfaction of National Grid to enable National Grid to fulfil its statutory functions in a manner no less efficient than previously;
  • “apparatus” means any electric lines or electrical plant as defined in the Electricity Act 1989[^f00056], belonging to or maintained by National Grid, together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of National Grid for the purposes of transmission, distribution and/or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;
  • “authorised works” has the same meaning as is given to the term “authorised development” in article 2(1) of this Order and includes any ancillary works as defined in article 2(1) of this Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised works and construction of any works authorised by this Schedule;
  • “commence” and “commencement” in this Part of this Schedule shall include any below ground surveys, monitoring, ground work operations or the receipt and erection of construction plant and equipment;
  • “deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary or replace existing easements, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;
  • “functions” includes powers and duties;
  • “ground mitigation scheme” means a scheme approved by National Grid (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;
  • “ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, shall require the undertaker to submit for National Grid’s approval a ground mitigation scheme;
  • “ground subsidence event” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme;
  • “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;
  • “Incentive Deduction” means any incentive deduction National Grid Electricity Transmission plc receives under its electricity transmission licence which is caused by an event on its transmission system that causes electricity not to be supplied to a demand customer and which arises as a result of the authorised works;
  • “maintain” and “maintenance” shall include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of National Grid: construct, use, repair, alter, inspect, renew or remove the apparatus;
  • “National Grid” means National Grid Electricity Transmission Plc (company number 2366977) whose registered office is at 1-3 Strand, London, WC2N 5EH or any successor as a licence holder within the meaning of Part 1 of the Electricity Act 1989;
  • “NESO” means as defined in the STC;
  • “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;
  • “specified works” means any of the authorised works or activities undertaken in association with the authorised works which:will or may be situated over, or within 15 metres measured in any direction of any apparatus the removal of which has not been required by the undertaker under paragraph 7(2) or otherwise; and/ormay in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 21(2) or otherwise; and/orincludes any of the activities that are referred to in National Grid’s document “Development near overhead lines” EN43-8 and the Health and Safety Executive’s (HSE) Guidance Note GS6 “Avoiding Danger from Overhead Power Lines”;
  • “STC” means the System Operator Transmission Owner Code prepared by the electricity Transmission Owners and NESO as modified from time to time;
  • “STC Claims” means any claim made under the STC against National Grid Electricity Transmission plc arising out of or in connection with the de-energisation (whereby no electricity can flow to or from the relevant system through the generator or interconnector’s equipment) of a generator or interconnector party solely as a result of the de-energisation of plant and apparatus forming part of National Grid Electricity Transmission plc’s transmission system which arises as a result of the authorised works;
  • “Transmission Owner” means as defined in the STC;
  • “undertaker” means the undertaker as defined in article 2(1) of this Order.

On Street Apparatus

17

Except for paragraphs 18 (apparatus of statutory undertakers in temporarily restricted streets), 23 (retained apparatus: protection of electricity undertakers), 24 (expenses) and 25 (indemnity) of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of National Grid, the other provisions of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and National Grid are regulated by the provisions of Part 3 of the 1991 Act.

Apparatus of statutory undertakers in temporarily restricted streets

18

Notwithstanding the temporary stopping up or diversion of any highway under article 13 (temporary restriction of use of streets), National Grid may at all times take all necessary access across any such highway and execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the restriction or diversion was in that highway.

Protective works to buildings

19

The undertaker, in the case of the powers conferred by article 21 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus without the written consent of National Grid.

Acquisition of land

20

  • (1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker may not (a) appropriate or acquire or take temporary possession of any land or apparatus or (b) appropriate, acquire, extinguish, interfere with or override any easement, other interest or right and/or apparatus of National Grid otherwise than by agreement.
  • (2) As a condition of an agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised works (or in such other timeframe as may be agreed between National Grid and the undertaker) that is subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of National Grid or affect the provisions of any enactment or agreement regulating the relations between National Grid and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as National Grid reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between National Grid and the undertaker acting reasonably and which must be no less favourable on the whole to National Grid unless otherwise agreed by National Grid, and it will be the responsibility of the undertaker to procure and/or secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised works.
  • (3) Save where otherwise agreed in writing between National Grid and the undertaker, the undertaker and National Grid agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation and/or removal of apparatus/including but not limited to the payment of costs and expenses relating to such relocation and/or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by National Grid and/or other enactments relied upon by National Grid as of right or other use in relation to the apparatus, then the provisions in this Schedule shall prevail.
  • (4) Any agreement or consent granted by National Grid under paragraph 23 or any other paragraph of this Part of this Schedule, shall not be taken to constitute agreement under sub- paragraph (1).

Removal of apparatus

21

  • (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in or possesses temporarily any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of National Grid 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 National Grid in accordance with sub-paragraphs (2) to (5).
  • (2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to National Grid advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order National Grid reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), secure any necessary consents for the alternative apparatus and afford to National Grid to its satisfaction (taking into account paragraph 22(1) below) the necessary facilities and rights—
  • (a) for the construction of alternative apparatus in other land of or land secured by the undertaker; and
  • (b) subsequently for the maintenance of that apparatus.
  • (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, National Grid may in its sole discretion, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances to assist the undertaker to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation shall not extend to the requirement for National Grid to use its compulsory purchase powers to this end unless it elects to so do.
  • (4) Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between National Grid and the undertaker.
  • (5) National Grid must, after the alternative apparatus to be provided or constructed has been agreed, and subject to a written diversion agreement having been entered into between the parties and the grant to National Grid of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

Facilities and rights for alternative apparatus

22

  • (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for National Grid facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and National Grid and must be no less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by National Grid.
  • (2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject the matter may be referred to arbitration in accordance with paragraph 29 (arbitration) of this Part of this Schedule and the arbitrator must make such provision for the payment of compensation by the undertaker to National Grid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection of electricity undertaker

23

  • (1) Not less than 56 days before the commencement of any specified works the undertaker must submit to National Grid a plan of the works to be executed and seek from National Grid details of the underground extent of their electricity assets.
  • (2) In relation to specified works, the plan to be submitted to National Grid under sub-paragraph (1) must include a method statement and describe—
  • (a) the exact position of the works;
  • (b) the level at which these are proposed to be constructed or renewed;
  • (c) the manner of their construction or renewal including details of excavation, positioning of plant;
  • (d) the position of all apparatus;
  • (e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;
  • (f) any intended maintenance regimes;
  • (g) an assessment of risks of rise of earth issues; and
  • (h) a ground monitoring scheme, where required.
  • (3) In relation to any works which will or may be situated on, over, under or within 10 metres of any part of the foundations of an electricity tower or between any two or more electricity towers, the plan to be submitted under sub-paragraph (1) must, in addition to the matters set out in sub- paragraph (2), include a method statement describing; —
  • (a) details of any cable trench design including route, dimensions, clearance to pylon foundations;
  • (b) demonstration that pylon foundations will not be affected prior to, during and post construction;
  • (c) details of load bearing capacities of trenches;
  • (d) details of any cable installation methodology including access arrangements, jointing bays and backfill methodology;
  • (e) a written management plan for high voltage hazard during construction and ongoing maintenance of any cable route;
  • (f) written details of the operations and maintenance regime for any cable, including frequency and method of access;
  • (g) assessment of earth rise potential if reasonably required by National Grid’s engineers; and
  • (h) evidence that trench bearing capacity is to be designed to support overhead line construction traffic of up to and including 26 tonnes in weight.
  • (4) The undertaker must not commence any works to which sub-paragraphs (2) or (3) apply until National Grid has given written approval of the plan so submitted.
  • (5) Any approval of National Grid required under sub-paragraph (4)—
  • (a) may be given subject to reasonable conditions for any purpose mentioned in sub- paragraphs (6) or (8); and,
  • (b) must not be unreasonably withheld.
  • (6) In relation to any work to which sub-paragraphs (2) or (3) apply, National Grid may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage, for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any apparatus.
  • (7) Works executed under sub-paragraphs (2) or (3) must be executed in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (6), as approved or as amended from time to time by agreement between the undertaker and National Grid and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (6) or (8) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid will be entitled to watch and inspect the execution of those works.
  • (8) Where National Grid requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to National Grid’s satisfaction, prior to the commencement of any specified works (or any relevant part thereof) for which protective works are required and National Grid shall give notice of its requirement for such works within 42 days of the date of submission of a plan pursuant to this paragraph (except in an emergency).
  • (9) If National Grid in accordance with sub-paragraphs (6) or (8) 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 15 to 17 and 19 to 21 apply as if the removal of the apparatus had been required by the undertaker under paragraph 21(2).
  • (10) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the specified works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph shall apply to and in respect of the new plan.
  • (11) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to National Grid notice as soon as is reasonably practicable and a plan of those works and must comply with sub-paragraphs (6), (7) and (8) insofar as is reasonably practicable in the circumstances and comply with sub- paragraph (12) at all times.
  • (12) At all times when carrying out any works authorised under the Order, the undertaker must comply with National Grid’s policies for development near overhead lines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines”.

Expenses

24

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