The Heckington Fen Solar Park Order 2025
- “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 135(2) or otherwise; and/or may in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 135(2) or otherwise;
- “Triton Knoll” means Triton Knoll OFTO Limited (company registration number 14141892) whose registered office address is at 3rd Floor (South), 200 Aldersgate Street, London, United Kingdom, EC1A 4HD;
- “Triton Knoll access track” means the area of the Order land comprised of plots 64, 66A, 67A, 67B, 67C, 67D, 68A, 68B, 68D, 68E, 90, 97, 273, 274, 301, 317 and 349 contained in the book of reference to the Order connecting the A17 to Doubletwelves Drove required in connection with Work No.10;
- “undertaker” means the undertaker as defined in article 2(1) of this Order.
On Street Apparatus
132
Except for paragraphs 137 (retained apparatus: protection), 138 (expenses) and 139 (indemnity) of these Protective Provisions which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of Triton Knoll, the other provisions of these Protective Provisions do not apply to apparatus in respect of which the relations between the undertaker and Triton Knoll are regulated by the provisions of Part 3 of the 1991 Act.
Protective works to buildings
133
The undertaker, in the case of the powers conferred by article 15 (protective works to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus without the written consent of Triton Knoll.
Acquisition of land
134
- (1) Save for in respect of the Triton Knoll access track (to which the restrictions of this paragraph do not apply for the avoidance of doubt), 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 Triton Knoll otherwise than by agreement (such agreement not to be unreasonably withheld).
- (2) As a condition of an agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised works (or in such other timeframe as may be agreed between Triton Knoll 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 Triton Knoll or affect the provisions of any enactment or agreement regulating the relations between Triton Knoll and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as Triton Knoll reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between Triton Knoll and the undertaker acting reasonably and which must be no less favourable on the whole to Triton Knoll unless otherwise agreed by Triton Knoll, 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) The undertaker and Triton Knoll 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 Triton Knoll and/or other enactments relied upon by Triton Knoll 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 Triton Knoll under paragraph 137 or any other paragraph of this Part of this Schedule, shall not be taken to constitute agreement under sub-paragraph (1).
Removal of apparatus
135
- (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 these Protective Provisions and any right of Triton Knoll 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 Triton Knoll 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 Triton Knoll 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 Triton Knoll 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 Triton Knoll to its reasonable satisfaction (taking into account paragraph 136(1)) the necessary facilities and rights—
- (a) for the construction of alternative apparatus in other land of or land secured by the undertaker; and
- (b) subsequently for the maintenance 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, Triton Knoll must, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour 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 Triton Knoll 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 these Protective Provisions must be constructed in such manner and in such line or situation as may be agreed between Triton Knoll and the undertaker.
- (5) Triton Knoll must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to Triton Knoll of any such facilities and rights as are referred to in sub-paragraphs (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 these Protective Provisions.
Facilities and rights for alternative apparatus
136
- (1) Where, in accordance with the provisions of these Protective Provisions, the undertaker affords to or secures for Triton Knoll 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 Triton Knoll and must be no less favourable on the whole to Triton Knoll than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by Triton Knoll (acting reasonably).
- (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 Triton Knoll 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 Triton Knoll as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.
Retained apparatus: protection
137
- (1) Not less than 56 days (or such lesser period agreed by Triton Knoll, acting reasonably) before the commencement of any specified works the undertaker must submit to Triton Knoll a plan of the works to be executed including a ground monitoring scheme and seek from Triton Knoll details of the underground extent of their electricity assets.
- (2) In relation to works which will or may be situated on, over, under or within—
- (a) 15 metres measured in any direction of any apparatus, or
- (b) involve embankment works within 15 metres of any apparatus, the plan to be submitted to Triton Knoll under sub-paragraph (1) must include a method statement and describe—
- (i) the exact position of the works;
- (ii) the level at which these are proposed to be constructed or renewed;
- (iii) the manner of their construction or renewal including details of excavation, positioning of plant;
- (iv) the position of all apparatus;
- (v) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;
- (vi) any intended maintenance regimes;
- (vii) an assessment of risks of rise of earth issues; and
- (viii) a methodology to demonstrate that all such works will have no adverse effect on the rating of the apparatus.
- (3) The undertaker must not commence any works to which sub-paragraphs (1) or (2) apply until Triton Knoll has given written approval of the plan so submitted.
- (4) Any approval of Triton Knoll required under sub-paragraph (3)—
- (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (7) or (8); and
- (b) must not be unreasonably withheld or delayed.
- (5) In relation to any work to which sub-paragraphs (1) or (2) apply, Triton Knoll may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage, for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any apparatus.
- (6) Works executed under sub-paragraph (2) must be executed in accordance with the plan, submitted under sub-paragraph (1), as approved or as amended from time to time by agreement between the undertaker and Triton Knoll and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (5) or (7) by Triton Knoll for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Triton Knoll will be entitled to watch and inspect the execution of those works.
- (7) Where Triton Knoll 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 Triton Knoll’s reasonable satisfaction prior to the commencement of any authorised development (or any relevant part thereof) (unless otherwise agreed by Triton Knoll, acting reasonably) for which protective works are required and Triton Knoll must give notice of its requirement for such works as soon as reasonably practicable and in any event within 42 days of the date of submission of a plan pursuant to this paragraph (except in an emergency).
- (8) If Triton Knoll in accordance with sub-paragraphs (5) or (7) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 130 to 132 and 134 to 136 apply as if the removal of the apparatus had been required by the undertaker under paragraph 136(2).
- (9) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the authorised development, 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.
- (10) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to Triton Knoll notice as soon as is reasonably practicable and a plan of those works. and must comply with sub-paragraphs (5), (6) and (7) insofar as is reasonably practicable in the circumstances.
- (11) Following completion of the work the undertaker shall submit a written report demonstrating that the works have had no adverse effect on the rating of the apparatus.
- (12) As soon as reasonably practicable after any ground subsidence event attributable to the authorised development the undertaker will implement an appropriate ground mitigation scheme except that Triton Knoll retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs pursuant to paragraph 139.
Expenses
138
- (1) Save where otherwise agreed in writing between Triton Knoll and the undertaker and subject to the following provisions of this paragraph, the undertaker must pay to Triton Knoll within 40 days of receipt of an itemised invoice or claim (accompanied by supporting evidence) from Triton Knoll all charges, costs and expenses reasonably and properly incurred by Triton Knoll in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised works including without limitation—
- (a) any costs reasonably incurred by or compensation properly paid by Triton Knoll in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs incurred by Triton Knoll as a consequence of Triton Knoll—
- (i) using its own compulsory purchase powers to acquire any necessary rights under paragraph 135(3); or
- (ii) exercising any compulsory purchase powers in the Order transferred to or benefitting Triton Knoll;
- (b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus, where no written diversion agreement is otherwise in place;
- (c) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;
- (d) the approval of plans;
- (e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;
- (f) the supervision and surveillance of all specified works by Triton Knoll and its engineers including the cost of travel; and
- (g) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in these Protective Provisions.
- (2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of these Protective Provisions and which is not re-used as part of the alternative apparatus, that value being calculated after removal.
- (3) If in accordance with the provisions of these Protective Provisions—
- (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or
- (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with paragraph 143 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under these Protective Provisions 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 Triton Knoll by virtue of sub-paragraph (1) will be reduced by the amount of that excess save to the extent that it is not possible in the circumstances to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker.
- (4) For the purposes of sub-paragraph (3)—
- (a) an extension of apparatus to a length greater than the length of existing apparatus will not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and
- (b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole will be treated as if it also had been agreed or had been so determined.
- (5) Any amount which apart from this sub-paragraph would be payable to Triton Knoll in respect of works by virtue of sub-paragraph (1) will, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on Triton Knoll any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.
Indemnity
139
- (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by these Protective Provisions or in consequence of the construction use maintenance or failure of any of the authorised works by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the undertaker under these Protective Provisions or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised works) or property of Triton Knoll, or there is any interruption in any service provided, or in the supply of any goods, by Triton Knoll, or Triton Knoll becomes liable to pay any amount to any third party, the undertaker will—
- (a) bear and pay on demand accompanied by an invoice or claim from Triton Knoll the cost reasonably and properly incurred by Triton Knoll in making good such damage or restoring the supply; and
- (b) indemnify Triton Knoll for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from Triton Knoll, by reason or in consequence of any such damage or interruption or Triton Knoll becoming liable to any third party.
- (2) The fact that any act or thing may have been done by Triton Knoll on behalf of the undertaker or in accordance with a plan approved by Triton Knoll or in accordance with any requirement of Triton Knoll as a consequence of the authorised works or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of sub-paragraph (1) unless Triton Knoll fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan.
- (3) Nothing in sub-paragraph (1) shall impose any liability on the undertaker in respect of—
- (a) any damage or interruption to the extent that it is attributable to the neglect or default of Triton Knoll, its officers, servants, contractors or agents;
- (b) any authorised works and/or any other works authorised by these Protective Provisions carried out by Triton Knoll as an assignee, transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 of the Planning Act 2008 or article 32 (consent to transfer the benefit of the Order) subject to the proviso that once such works become apparatus (“new apparatus”), any authorised works yet to be executed and not falling within this sub-paragraph (3)(b) will be subject to the full terms of these Protective Provisions including this paragraph 139; and/or
- (c) any indirect or consequential loss of any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption, which is not reasonably foreseeable.
- (4) Triton Knoll must give the undertaker reasonable notice of any such third party claim or demand and no settlement, admission of liability or compromise must unless payment is required in connection with a statutory compensation scheme be made without first consulting the undertaker and considering their representations (such representations not to be unreasonably withheld or delayed).
- (5) Triton Knoll must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same manner as it would as if settling third party claims on its own behalf from its own funds.
- (6) Triton Knoll must use its reasonable endeavours to mitigate and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity provisions under this paragraph apply where it is within Triton Knoll’s reasonable ability and control to do so and which expressly excludes any obligation to mitigate liability arising from third parties which is outside of Triton Knoll’s control and if reasonably requested to do so by the undertaker Triton Knoll must provide an explanation of how the claim has been minimised, where relevant.
Enactments and agreements
140
Save to the extent provided for to the contrary elsewhere in these Protective Provisions or by agreement in writing between Triton Knoll and the undertaker, nothing in these Protective Provisions affects the provisions of any enactment or agreement regulating the relations between the undertaker and Triton Knoll in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.
Co-operation
141
- (1) Where in consequence of the proposed construction of any part of the authorised works, the undertaker or Triton Knoll requires the removal of apparatus under paragraph 135(2) or Triton Knoll makes requirements for the protection or alteration of apparatus under paragraph 137, the undertaker shall use its reasonable endeavours to co-ordinate the execution of any works (which are subject to these Protective Provisions ) in the interests of safety and the efficient and economic execution of the authorised works and taking into account the need to ensure the safe and efficient operation of Triton Knoll’s undertaking and Triton Knoll shall use its reasonable endeavours to co-operate with the undertaker for that purpose.
- (2) For the avoidance of doubt whenever Triton Knoll’s consent, agreement or approval is required in relation to plans, documents or other information submitted by the undertaker or the taking of action by the undertaker, it must not be unreasonably withheld or delayed.
Access
142
If in consequence of the agreement reached in accordance with paragraph 134(1) or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable Triton Knoll to maintain or use the apparatus no less effectively than was possible before such obstruction.
Arbitration
143
Save for differences or disputes arising under paragraphs 135(2), 135(4) 136(1) and 137, any difference or dispute arising between the undertaker and Triton Knoll under these Protective Provisions must, unless otherwise agreed in writing between the undertaker and Triton Knoll, be determined by arbitration in accordance with article 38 (arbitration).
Notices
144
Notwithstanding article 40 (service of notices), any plans submitted to Triton Knoll by the undertaker pursuant to paragraph 137 must be submitted to Triton Knoll at its registered office or to such other address as Triton Knoll may from time to time appoint instead for that purpose and notify to the undertaker in writing.
SCHEDULE 14 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS
Interpretation
1
In this Schedule—
- “appeal documentation” means a written statement of appeal which describes the nature of the differences between the parties, the factual issues, the undertaker’s case and evidence relied on;
- “working day” means a day other than a Saturday or Sunday which is not Christmas Day, Good Friday or a public holiday or bank holiday under section 1 of the Banking and Financial Dealings Act 1971[^f00063];
- “relevant authority” means any authority or body named in any of the provisions of this Order and whose consent, agreement or approval is sought; and
- “requirement consultee” means any body or authority named in a requirement as a body to be consulted by the relevant planning authority in discharging that requirement.
Applications made under provisions of this Order
2
- (1) Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement the relevant planning authority must give notice to the undertaker of its decision on the application within a period of ten weeks beginning with the later of—
- (a) the day immediately following that on which the application is received by the authority;
- (b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 3; or
- (c) such longer period that is agreed in writing by the undertaker and the relevant planning authority.
- (2) Subject to paragraph 4, in the event that the relevant planning authority does not determine an application within the period set out in sub-paragraph (1), the relevant planning authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period.
- (3) Any application made to the relevant planning authority pursuant to sub-paragraph (1) must—
- (a) include a statement to confirm whether it is likely that the subject matter of the application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement and if it will then it must be accompanied by information setting out what those effects are; and
- (b) include confirmation that the application has been notified and provided to the requirement consultees in accordance with sub-paragraph (5), if the provision governing or requiring the application specifies that consultation with a requirement consultee is required. Such confirmation to include contact details for the requirement consultees.
- (4) Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement included in this Order and the relevant planning authority does not determine the application within the period set out in sub-paragraph (1)—
- (a) and the application is accompanied by a report pursuant to sub-paragraph (3)(a) which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects compared to those in the environmental statement; or
- (b) the relevant planning authority consider that the subject matter of such applications will give rise to any materially new or materially different environmental effects compared to those in the environmental statement,
then the application is to be taken to have been refused by the relevant planning authority at the end of that period.
- (5) Where an application has been made to the relevant planning authority for any discharge, the undertaker will also submit a copy of that application to any requirement consultee.
Further information and consultation
3
- (1) In relation to any application to which this Schedule applies, the relevant planning authority may request such reasonable further information from the undertaker as is necessary to enable it to consider the application.
- (2) In the event that the relevant planning authority considers such further information to be necessary and the provision governing or requiring the application does not specify that consultation with a requirement consultee is required, the relevant planning authority must, within 20 working days of receipt of the application, notify the undertaker in writing specifying the further information required.
- (3) If the provision governing or requiring the application specifies that consultation with a requirement consultee is required, the relevant planning authority must issue the consultation to the requirement consultee within 10 working days of receipt of the application, and must notify the undertaker in writing specifying any further information the relevant planning authority considers necessary or that is requested by the requirement consultee within 10 working days of receipt of such a request and in any event within 20 working days of receipt of the application (or such other period as is agreed in writing between the undertaker and the relevant planning authority).
- (4) In the event that the relevant planning authority does not give notification as specified in sub-paragraphs (2) or (3) it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker.
- (5) Where further information is requested under this paragraph in relation to part only of an application, that part is to be treated as separate from the remainder of the application for the purposes of calculating time periods in paragraph 2 and paragraph 3.
Appeals
4
- (1) The undertaker may appeal in the event that—
- (a) the relevant planning authority refuses an application for any consent, agreement or approval required by a requirement included in this Order or grants it subject to conditions;
- (b) the relevant planning authority is deemed to have refused an application pursuant to paragraph 2(2);
- (c) on receipt of a request for further information pursuant to paragraph 3 the undertaker considers that either the whole or part of the specified information requested by the relevant planning authority is not necessary for consideration of the application; or
- (d) on receipt of any further information requested, the relevant planning authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.
- (2) The steps to be followed in the appeal process are as follows—
- (a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or the determination, or (where no determination has been made) the expiry of the time period set out in paragraph 2(1), giving rise to the appeal referred to in paragraph 2(2);
- (b) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the relevant planning authority and any requirement consultee;
- (c) the Secretary of State must appoint a person to determine the appeal as soon as reasonably practicable and must forthwith notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the appointed person’s attention should be sent;
- (d) the relevant planning authority and any requirement consultee must submit written representations to the appointed person in respect of the appeal within 10 working days of the start date and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;
- (e) the undertaker may make any counter-submissions to the appointed person within 10 working days of receipt of written representations pursuant to sub-paragraph (c);
- (f) the appointed person must make their decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable; and
- (g) the appointment of the person pursuant to sub-paragraph (b) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.
- (3) In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal they must, within ten working days of the appointed person’s appointment, notify the appeal parties in writing specifying the further information required.
- (4) Any further information required pursuant to sub-paragraph (3) must be provided by the relevant party to the appointed person and the other appeal parties on the date specified by the appointed person (the “specified date”), and the appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 10 working days of the specified date, but otherwise the process and time limits set out in sub-paragraphs (c) to (e) of sub-paragraph (2) apply.
- (5) The appointed person may—
- (a) allow or dismiss the appeal; or
- (b) reverse or vary any part of the decision of the relevant planning authority (whether the appeal relates to that part of it or not),
and may deal with the application as if it had been made to them in the first instance.
- (6) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the relevant time limits.
- (7) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to them that there is sufficient material to enable a decision to be made on the merits of the case.
- (8) The decision of the appointed person on an appeal is to be final and binding on the parties, unless proceedings are brought by a claim for judicial review.
- (9) If an approval is given by the appointed person pursuant to this Schedule, it is to be deemed to be an approval for the purpose of Schedule 2 (requirements) as if it had been given by the relevant planning authority. The relevant planning authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.
- (10) Save where a direction is given pursuant to sub-paragraph (11) requiring the costs of the appointed person to be paid by the relevant planning authority, the reasonable costs of the appointed person must be met by the undertaker.
- (11) On application by the relevant planning authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to advice on planning appeals and award costs published in Planning Practice Guidance: Appeals (March 2014) or any circular or guidance which may from time to time replace it.
Fees
5
- (1) Where an application is made to the relevant planning authority for a discharge, a fee is to apply and must be paid to the relevant planning authority for each application.
- (2) The fee payable for each application under sub-paragraph (1) is as follows—
- (a) a fee of £2,535 for the first application for the discharge of each of the requirements 6, 7, 8, 11, 12, 13, 14, 15, 16, 18, 19, and 20;
- (b) a fee of £578 for each subsequent application for the discharge of each of the requirements listed in sub-paragraph (a) and any application under requirement 5 in respect of the requirements listed in sub-paragraph (a); and
- (c) a fee of £145 for any application for the discharge of—
- (i) any other requirements not listed in sub-paragraph (a);
- (ii) any application under requirement 5 in respect of requirements not listed in sub-paragraph (a); and
- (iii) any approval required by a document referred to by any requirement or a document approved pursuant to any requirement.
- (3) Any fee paid under this Schedule must be refunded to the undertaker within four weeks of—
- (a) the application being rejected as invalidly made; or
- (b) the relevant planning authority failing to determine the application within ten weeks from the relevant date in paragraph 2(1) unless—
- (i) within that period the undertaker agrees, in writing, that the fee is to be retained by the relevant planning authority and credited in respect of a future application; or
- (ii) a longer period for determining the application has been agreed pursuant to paragraph 2(1) of this Schedule.
Signed
Signatory by authority of the Secretary of State
David Wagstaff — Deputy Director for Energy Infrastructure Planning — Department for Energy Security and Net Zero — 24th January 2025
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order authorises Ecotricity (Heck Fen Solar) Limited (referred to in this Order as the undertaker) to construct, operate, maintain and decommission a ground mounted solar photovoltaic generating station with a gross electrical output capacity over 50 megawatts and associated development. The Order would permit the undertaker to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose.
A copy of the Order plans and the book of reference mentioned in this Order and certified in accordance with article 37 of this Order (certification of plans and documents, etc.) may be inspected free of charge during working hours at North Kesteven District Council and Boston Borough Council.
Footnotes
[^f00001]: 2008 c. 29. Section 37 was amended by section 137(5) of, and paragraph 5 of Schedule 13 to the Localism Act 2011 (c. 20).
[^f00002]: S.I. 2009/2264, amended by S.I 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572 and S.I. 2018/378.
[^f00003]: S.I. 2010/103.
[^f00004]: As amended by paragraph 29(1) and (3) of Part 1 of Schedule 13 to the Localism Act 2011.
[^f00005]: S.I. 2017/572.
[^f00006]: Section 105(2) was amended by paragraph 50 of Schedule 13 to the Localism Act 2011.
[^f00007]: As amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011.
[^f00008]: As amended by section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).
[^f00009]: As amended by section 140 and paragraph 60 of Part 1 of Schedule 13 to the Localism Act 2011.
[^f00010]: As amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.
[^f00012]: 1961 c. 33.
[^f00013]: 1965 c. 56.
[^f00014]: 1980 c. 66.
[^f00015]: 1981 c. 66.
[^f00016]: 1989 c. 29.
[^f00017]: 1990 c. 8.
[^f00018]: 1991 c. 22. Section 48(3A) was inserted by section 124 of the Local Transport Act 2008 (c. 26). Sections 78(4), 80(4), and 83(4) were amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).
[^f00019]: 2003 c. 21.
[^f00020]: 2008 c. 29.
[^f00021]: S.I. 2015/ 596.
[^f00022]: “footpath” and “footway” are defined in section 329(1).
[^f00023]: “highway” is defined in section 328(1). For “highway authority” see section 1.
[^f00024]: 2006 c. 46.
[^f00025]: 1981 c. 67.
[^f00026]: “street authority” is defined in section 49, which was amended by paragraph 117 of Schedule 1 to the Infrastructure Act 2015 (c. 7).
[^f00027]: 1991 c. 59. Section 23 was amended by paragraph 192(2) of Schedule 22 to the Environment Act 1995 (c. 25), paragraphs 25 and 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755.
[^f00028]: Section 32 was amended by S.I. 2013/755.
[^f00029]: Section 66 was amended by paragraphs 25 and 38 of Schedule 2 to the Flood and Water Management Act 2010 and section 86 of the Water Act 2014 (c. 21).
[^f00030]: 1991 c. 57. Paragraph 5 was amended by section 100 of the Natural Environment and Rural Communities Act 2006 (c. 16), section 84 of, and paragraph 3 of Schedule 11 to the Marine and Coastal Access Act 2009 (c. 23) and S.I. 2013/755. Paragraph 6 was amended by section 105 of, and paragraph 26 of Schedule 15 to, the Environment Act 1995, sections 224, 233 and 321 of and paragraphs 20 and 24 of Schedule 16 and Part 5(B) of Schedule 22 to the Marine and Coastal Access Act 2009 and S.I. 2013/755. Paragraph 6A was inserted by section 103(3) of the Environment Act 1995.
[^f00031]: S.I. 2016/1154. Regulation 12 was amended by S.I. 2018/110.
[^f00032]: 2017 c. 20.
[^f00033]: 1967 c. 10. Section 9 was amended by section 4 of, and paragraph 14(1) of, Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2013/755. There are other amendments to section 9 that are not relevant to this Order.
[^f00034]: S.I. 1997/1160.
[^f00035]: 1990 c. 43.
[^f00036]: 1974 c. 40. Sections 61(9) and 65(8) were amended by section 162 of, and paragraph 15 of Schedule 3 to, the Environmental Protection Act 1990 (c. 25). There are other amendments to the 1974 Act which are not relevant to the Order.
[^f00037]: 1991 c. 56. Section 106 was amended by section 35(8)(a) of the Competition and Service (Utilities) Act 1992 (c. 43) and sections 36(2) and 99 of the Water Act 2003 (c. 37). There are other amendments to this section which are not relevant to this Order.
[^f00038]: S.I. 2016/1154.
[^f00039]: 1991 c. 57.
[^f00040]: Section 5A of the 1981 Act was inserted by section 182(2) of the Housing and Planning Act 2016 (c. 22).
[^f00041]: S.I. 1997/1160.
[^f00042]: 1978 c. 30.
[^f00043]: 1762. c. 32.
[^f00044]: 1812 c.108.
[^f00045]: 1880 c. cliii.
[^f00046]: 1925 c. lxxi.
[^f00047]: 1846 c. ccxcvii.
[^f00049]: 1878 c. xcviii.
[^f00050]: 1879 c. civ.
[^f00051]: 1853 c. ccxxiii.
[^f00052]: 1977 c. i.
[^f00053]: 1846 c. cxi.
[^f00054]: 1973 c. 26.
[^f00055]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.
[^f00056]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.
[^f00057]: Section 11B was inserted by section 187(3) of the Housing and Planning Act 2016.
[^f00058]: Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23) and paragraphs (2) and (4) of Schedule 16 to the Housing and Planning Act 2016.
[^f00059]: Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to the Tribunals, Courts and Enforcement Act 2007 (c. 15).
[^f00060]: Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.
[^f00061]: 1991 c. 56.
[^f00062]: 1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by section 76 of the Utilities Act 2000 (c. 27).
[^f00063]: 1971 c. 80.
Editorial notes
[^key-d9c49942de03f56695abfacb679bf420]: Art. 1 in force at 17.2.2025, see art. 1
[^key-7a0de8e4f2d84e5763b97f2e9b7255dc]: Art. 2 in force at 17.2.2025, see art. 1
[^key-05523aa52163355e2b41e79e612b4e0d]: Art. 3 in force at 17.2.2025, see art. 1
[^key-4f37df985a158f3c247fed1b34fa4bad]: Art. 4 in force at 17.2.2025, see art. 1
[^key-a744421dec42d456f8cedeac3aeb9c0b]: Art. 5 in force at 17.2.2025, see art. 1
[^key-3a55a3d1007877bb8f1d667c7f16470e]: Art. 6 in force at 17.2.2025, see art. 1
[^key-4dce4992eb29f2bf737788aa5a890385]: Art. 7 in force at 17.2.2025, see art. 1
[^key-1386e2d9e8e40616d0b7ceb136cee953]: Art. 8 in force at 17.2.2025, see art. 1
[^key-1aa30a37fece1c90febf5dde65f27754]: Art. 9 in force at 17.2.2025, see art. 1
[^key-9ae60f93e4375dba07f128bd84c6a02e]: Art. 10 in force at 17.2.2025, see art. 1
[^key-16f084a10d46a7d73344f34e1f97553b]: Art. 11 in force at 17.2.2025, see art. 1
[^key-b9e6278c85724b947fdfabe2d98b9185]: Art. 12 in force at 17.2.2025, see art. 1
[^key-9a9b35fc0a92838de0a0296aaa04568e]: Art. 13 in force at 17.2.2025, see art. 1
[^key-65bf4bef539291c6bc106c4ab550ed4d]: Art. 14 in force at 17.2.2025, see art. 1
[^key-0b56c10a31b3e0b566ffd18ca691cb1d]: Art. 15 in force at 17.2.2025, see art. 1
[^key-85fe03c3d2bb5465dd02d8c52ccf273d]: Art. 16 in force at 17.2.2025, see art. 1
[^key-14cc8564b04ff99538f04e8a56af745e]: Art. 17 in force at 17.2.2025, see art. 1
[^key-dfc0f8e34a7f2ab01df1d8422daf5792]: Art. 18 in force at 17.2.2025, see art. 1
[^key-6aa4dd01b07a4f12605370a15e13fda0]: Art. 19 in force at 17.2.2025, see art. 1
[^key-896d043850dc90be4a8f622aa5287d79]: Art. 20 in force at 17.2.2025, see art. 1
[^key-6184d374e695b6b05144691b1db72eb3]: Art. 21 in force at 17.2.2025, see art. 1
[^key-3e0074dcb0e2dd5fa45e17a384a91cc7]: Art. 22 in force at 17.2.2025, see art. 1
[^key-16f751c233577d68417dbcd760663700]: Art. 23 in force at 17.2.2025, see art. 1
[^key-57d34b079b84778c37f7ce3c984cf3e2]: Art. 24 in force at 17.2.2025, see art. 1
[^key-4fbd92fc788016e3a6963d0a854e2381]: Art. 25 in force at 17.2.2025, see art. 1
[^key-f1509ad84c2664919605f7a4dcf61362]: Art. 26 in force at 17.2.2025, see art. 1
[^key-db6c310af4db585e8eff23ba8c1db612]: Art. 27 in force at 17.2.2025, see art. 1
[^key-976691eb5ef9916309875e3cbec347e2]: Art. 28 in force at 17.2.2025, see art. 1
[^key-d23013c49ef9ce2ac03b045f11ad6ef9]: Art. 29 in force at 17.2.2025, see art. 1
[^key-3f497f293090faf32fd2ca86ccc85545]: Art. 30 in force at 17.2.2025, see art. 1
[^key-7d7f8f28950311baddbdef631d9e14bc]: Art. 31 in force at 17.2.2025, see art. 1
[^key-4e855e5e649b8eac069d172f986546d3]: Art. 32 in force at 17.2.2025, see art. 1
[^key-c49a5ec72311e1d05323e6eda7dddff7]: Art. 33 in force at 17.2.2025, see art. 1
[^key-2212eca2563e8be97ef86c319a2dc9d1]: Art. 34 in force at 17.2.2025, see art. 1
[^key-c52397a5eee6cd87a563ca1599a0f430]: Art. 35 in force at 17.2.2025, see art. 1
[^key-a0b91df8cd5d6f224759ce266cbedce8]: Art. 36 in force at 17.2.2025, see art. 1
[^key-9efde830d59a5665493930d18c8ce548]: Art. 37 in force at 17.2.2025, see art. 1
[^key-d66fd7d0ab2838dc84bfa45f54105398]: Art. 38 in force at 17.2.2025, see art. 1
[^key-8075e16f0a699d308a3547c8c103740d]: Art. 39 in force at 17.2.2025, see art. 1
[^key-2176b1f7db077910b6b2a3d2c67e855b]: Art. 40 in force at 17.2.2025, see art. 1
[^key-60474a1bb9d607cfce7fcb4f7d27e06a]: Art. 41 in force at 17.2.2025, see art. 1
[^key-e4dbece762c477fe615232703870e4d1]: Art. 42 in force at 17.2.2025, see art. 1
[^key-403fb569fc9cfe933927844319bbcb1f]: Art. 43 in force at 17.2.2025, see art. 1
[^key-d8c1e73e204b050f7d89899b20b50964]: Art. 44 in force at 17.2.2025, see art. 1
[^key-eb355f07d2771d87594a71a4e4064144]: Sch. 1 para. 1 in force at 17.2.2025, see art. 1
[^key-ab9ebdcc4bc5e217f85d481145844391]: Sch. 1 para. 2 in force at 17.2.2025, see art. 1
[^key-ad43f386e005ba81f4f6bdd9422007ea]: Sch. 2 para. 1 in force at 17.2.2025, see art. 1
[^key-79f6a6c6d6e603fa4064515165d083f0]: Sch. 2 para. 2 in force at 17.2.2025, see art. 1
[^key-74c3fb10cbac74c5a02016f98d756906]: Sch. 2 para. 3 in force at 17.2.2025, see art. 1
[^key-dcddd17d66216a75495d69a0136731e3]: Sch. 2 para. 4 in force at 17.2.2025, see art. 1
[^key-7763d70c680b1736fedd432d1b67bfce]: Sch. 2 para. 5 in force at 17.2.2025, see art. 1
[^key-70439022457b59121d87155dcb670633]: Sch. 2 para. 6 in force at 17.2.2025, see art. 1
[^key-be358731a1accb5ac422257b22f96e07]: Sch. 2 para. 7 in force at 17.2.2025, see art. 1
[^key-649bd79078766065fe778b05f4823699]: Sch. 2 para. 8 in force at 17.2.2025, see art. 1
[^key-5a939b7bcf43d27babc0833c9a6fc094]: Sch. 2 para. 9 in force at 17.2.2025, see art. 1
[^key-a4dc0d8df513791ab7bc5159593d5e83]: Sch. 2 para. 10 in force at 17.2.2025, see art. 1
[^key-1ff7d604327697e5a66bdc0c374d3a33]: Sch. 2 para. 11 in force at 17.2.2025, see art. 1
[^key-d4105232e1a840fb9cb37719d5c9c948]: Sch. 2 para. 12 in force at 17.2.2025, see art. 1
[^key-ef5e65090911e919dfbcc16effa22a77]: Sch. 2 para. 13 in force at 17.2.2025, see art. 1
[^key-e52c4b2e6616eab0b06f50711f256982]: Sch. 2 para. 14 in force at 17.2.2025, see art. 1
[^key-15836a49f8a651292a0325dbdc331fe7]: Sch. 2 para. 15 in force at 17.2.2025, see art. 1
[^key-6bed63fe47e9251fca8989cf27503bd0]: Sch. 2 para. 16 in force at 17.2.2025, see art. 1
[^key-820c3d5509dc54ac14493c242436c35b]: Sch. 2 para. 17 in force at 17.2.2025, see art. 1
[^key-6b09d651ea29e802be1ac450964f1748]: Sch. 2 para. 18 in force at 17.2.2025, see art. 1
[^key-fa38e65c3c25e8827bd63834a1948736]: Sch. 2 para. 19 in force at 17.2.2025, see art. 1
[^key-42926b743129ea0c4f584ddcad9c67f6]: Sch. 2 para. 20 in force at 17.2.2025, see art. 1
[^key-0fb879f8a62cf22272ffb44248a265d1]: Sch. 2 para. 21 in force at 17.2.2025, see art. 1
[^key-a86d08cc271d0c991e8f959ff73c01f9]: Sch. 3 para. 1 in force at 17.2.2025, see art. 1
[^key-120ba5ffd2403aa0700bb079d593f6c0]: Sch. 4 para. 1 in force at 17.2.2025, see art. 1
[^key-b7269ec5bee0c9ce320e8370d57e898d]: Sch. 8 para. 1 in force at 17.2.2025, see art. 1
[^key-00f2831eccdf3be5408b8037cf01203f]: Sch. 9 para. 1 in force at 17.2.2025, see art. 1
[^key-18e1526599f41bdadd40c9fe5ba8a75f]: Sch. 9 para. 2 in force at 17.2.2025, see art. 1
[^key-08fc729108815b1f9807ebe090a3628b]: Sch. 9 para. 3 in force at 17.2.2025, see art. 1
[^key-0b5990876cbc8a87e5446eb4f8e8cc42]: Sch. 9 para. 4 in force at 17.2.2025, see art. 1
[^key-8494dc0ecbdebbf80e99e8f60c783898]: Sch. 9 para. 5 in force at 17.2.2025, see art. 1
[^key-1eee252f368d124fe75013c62f3e7f99]: Sch. 12 para. 1 in force at 17.2.2025, see art. 1
[^key-d0432181d8429d08f4aa28484af9efc7]: Sch. 12 para. 2 in force at 17.2.2025, see art. 1
[^key-9332e294e5fab53002d11b67c0c5a9ad]: Sch. 12 para. 3 in force at 17.2.2025, see art. 1
[^key-c923ff6a89d2636fc3e760488192543a]: Sch. 12 para. 4 in force at 17.2.2025, see art. 1
[^key-0003503169dfd8c83647382ff61d6ee5]: Sch. 12 para. 5 in force at 17.2.2025, see art. 1
[^key-df83bd517c2c91ce505d683ec81f37bb]: Sch. 12 para. 6 in force at 17.2.2025, see art. 1
[^key-1ed4761d18fe6ced792401001e01d9c1]: Sch. 12 para. 7 in force at 17.2.2025, see art. 1
[^key-05f90311d9df5a7cfb0c7d62c80256f7]: Sch. 13 para. 1 in force at 17.2.2025, see art. 1
[^key-bcaa78162f0f0221b4bbbbbed6d08dee]: Sch. 13 para. 2 in force at 17.2.2025, see art. 1
[^key-eded4e9c2d39e60ffbe1e89c11c65880]: Sch. 13 para. 3 in force at 17.2.2025, see art. 1
[^key-df2e270ae7cd220b0f93664e423d4614]: Sch. 13 para. 4 in force at 17.2.2025, see art. 1
[^key-854d431337a90dea5b294fba1f5ecb57]: Sch. 13 para. 5 in force at 17.2.2025, see art. 1
[^key-8e3ef2a4fefc34f0bd6199b18afa1f1b]: Sch. 13 para. 6 in force at 17.2.2025, see art. 1
[^key-f29736977105a6d8050a58e377777240]: Sch. 13 para. 7 in force at 17.2.2025, see art. 1
[^key-01b8531cafc6c255fdaf669bb7d86ed8]: Sch. 13 para. 8 in force at 17.2.2025, see art. 1
[^key-2cd98debc2857fa77df2a5b20409c188]: Sch. 13 para. 9 in force at 17.2.2025, see art. 1
[^key-f740108171ae071607a209892072cc2c]: Sch. 13 para. 10 in force at 17.2.2025, see art. 1
[^key-622e4de7f2194373ba2b8d0bfd41f679]: Sch. 13 para. 11 in force at 17.2.2025, see art. 1
[^key-0a77d06cc2375752be042eb85782d70d]: Sch. 13 para. 12 in force at 17.2.2025, see art. 1
[^key-818b40666c67d74e995a32d7d623b60d]: Sch. 13 para. 13 in force at 17.2.2025, see art. 1
[^key-87c550beb17db4ba0fe95e6ede19b501]: Sch. 13 para. 14 in force at 17.2.2025, see art. 1
[^key-5cd7efddd97724aaaa3c5dc3b6eeb4fe]: Sch. 13 para. 15 in force at 17.2.2025, see art. 1
[^key-ced32c71048075e43dac35a9f3cac333]: Sch. 13 para. 16 in force at 17.2.2025, see art. 1
[^key-f1164bf0acdbbe052746679362906905]: Sch. 13 para. 17 in force at 17.2.2025, see art. 1
[^key-21d8689a4148416c3fbd3a4ceae6c5ad]: Sch. 13 para. 18 in force at 17.2.2025, see art. 1
[^key-7497ac67170bf33cc6fb4489a682e132]: Sch. 13 para. 19 in force at 17.2.2025, see art. 1
[^key-d710c1b038392a1aba6fc489e5684152]: Sch. 13 para. 20 in force at 17.2.2025, see art. 1
[^key-a8e37b756a68db1e880dc8a84d003178]: Sch. 13 para. 21 in force at 17.2.2025, see art. 1
[^key-cbf36eb978f55d3148a599168501a2f8]: Sch. 13 para. 22 in force at 17.2.2025, see art. 1
[^key-8426e8115b8a09f2a8b00ecec9a2f3ce]: Sch. 13 para. 23 in force at 17.2.2025, see art. 1
[^key-2e7e12b5683d7eadc75d3c0803a04290]: Sch. 13 para. 24 in force at 17.2.2025, see art. 1
[^key-9e7c1d020482c678d58b853f5b367ed3]: Sch. 13 para. 25 in force at 17.2.2025, see art. 1
[^key-de6e41fd8aa7d691ee42868982e917d9]: Sch. 13 para. 26 in force at 17.2.2025, see art. 1
[^key-87cc2849a0dba75efda6af2e7cf5e9f6]: Sch. 13 para. 27 in force at 17.2.2025, see art. 1
[^key-111431889c7f65866e4b2fefd3ddf7f6]: Sch. 13 para. 28 in force at 17.2.2025, see art. 1
[^key-7c8918791d7c49369187976342ca8e71]: Sch. 13 para. 29 in force at 17.2.2025, see art. 1
[^key-fa969a063948362279cb33ca5f427546]: Sch. 13 para. 30 in force at 17.2.2025, see art. 1
[^key-c2002f1f102964a248be182a15c2289d]: Sch. 13 para. 31 in force at 17.2.2025, see art. 1
[^key-49078ebcea643ec96a0b994964c0891f]: Sch. 13 para. 32 in force at 17.2.2025, see art. 1
[^key-723226ea6387504905467d1a69a3d6b0]: Sch. 13 para. 33 in force at 17.2.2025, see art. 1
[^key-ec261f520ae2f598555c4dd94829ba0f]: Sch. 13 para. 34 in force at 17.2.2025, see art. 1
[^key-e3f68289717f0854c5584e4c9faa5034]: Sch. 13 para. 35 in force at 17.2.2025, see art. 1
[^key-5c3cbe0d37a8011165b81d388e865148]: Sch. 13 para. 36 in force at 17.2.2025, see art. 1
[^key-6b61cdb77d90e42a7af193bbfe00fe1a]: Sch. 13 para. 37 in force at 17.2.2025, see art. 1
[^key-cbd25e23e25d76a66807bde2510eebeb]: Sch. 13 para. 38 in force at 17.2.2025, see art. 1
[^key-2be423d2503f9087a1692953569334ce]: Sch. 13 para. 39 in force at 17.2.2025, see art. 1
[^key-fd7c54f1c21fbe6c505f2889726b990a]: Sch. 13 para. 40 in force at 17.2.2025, see art. 1
[^key-bd476488e77df50aa6a8f3f6c9f989f6]: Sch. 13 para. 41 in force at 17.2.2025, see art. 1
[^key-34166abccc5fb34975dfed1a6296fc4d]: Sch. 13 para. 42 in force at 17.2.2025, see art. 1
[^key-38e7c26a3bd02482f79f3b521b7d2de2]: Sch. 13 para. 43 in force at 17.2.2025, see art. 1
[^key-9c370216263499e19ab0f675dc52c538]: Sch. 13 para. 44 in force at 17.2.2025, see art. 1
[^key-062777d36757bad74d02750a960dd522]: Sch. 13 para. 45 in force at 17.2.2025, see art. 1
[^key-f14aa2871c3ff2136eb64bf54aa743ce]: Sch. 13 para. 46 in force at 17.2.2025, see art. 1
[^key-f9185489a8a5a61ffdee41815a4be41f]: Sch. 13 para. 47 in force at 17.2.2025, see art. 1
[^key-28bf4e25d88a87d14092f9f6e8260dac]: Sch. 13 para. 48 in force at 17.2.2025, see art. 1
[^key-5f073e923b5977012a881bc91e45c5df]: Sch. 13 para. 49 in force at 17.2.2025, see art. 1
[^key-3ace5cb9be5d48880b4b997b165fd875]: Sch. 13 para. 50 in force at 17.2.2025, see art. 1
[^key-d7a6be8a4f100f2297bd11a58b5bb497]: Sch. 13 para. 51 in force at 17.2.2025, see art. 1
[^key-79bc92678cf17f6873d0987956c56d39]: Sch. 13 para. 52 in force at 17.2.2025, see art. 1
[^key-b817b4d69e359366b1f5d73824031952]: Sch. 13 para. 53 in force at 17.2.2025, see art. 1
[^key-42f5a4a65c37998436ac2aa8c37a1aa1]: Sch. 13 para. 54 in force at 17.2.2025, see art. 1
[^key-32e0eed07969e182ca8b50afb86cd560]: Sch. 13 para. 55 in force at 17.2.2025, see art. 1
[^key-6de81afa7a95eb6309602350798e05ad]: Sch. 13 para. 56 in force at 17.2.2025, see art. 1
[^key-ddf67ec90e7741920feeda03534ef168]: Sch. 13 para. 57 in force at 17.2.2025, see art. 1
[^key-e012f6f9ba2c4e3763c7ef27b8471da3]: Sch. 13 para. 58 in force at 17.2.2025, see art. 1
[^key-a6cae53ccf88710cdae0f971e75fa155]: Sch. 13 para. 59 in force at 17.2.2025, see art. 1
[^key-1cd2636cc1354ca9ff3ea002d8ff973a]: Sch. 13 para. 60 in force at 17.2.2025, see art. 1
[^key-f247eb11de77048c0bff1a0750214361]: Sch. 13 para. 61 in force at 17.2.2025, see art. 1
[^key-6a7fc1a3a9fb99211f182333bdb81ddb]: Sch. 13 para. 62 in force at 17.2.2025, see art. 1
[^key-788aac2b395b06e572edf2052640f4db]: Sch. 13 para. 63 in force at 17.2.2025, see art. 1
[^key-424ecb8d6ca16ac8397dd3306870bcbf]: Sch. 13 para. 64 in force at 17.2.2025, see art. 1
[^key-67c66a7e2a3f6ea80d9a78f7e944d3bc]: Sch. 13 para. 65 in force at 17.2.2025, see art. 1
[^key-7dba894fdd79f6edff164aa6bee8547a]: Sch. 13 para. 66 in force at 17.2.2025, see art. 1
[^key-a98c5f99ac3d53d9156bb7c236a72e04]: Sch. 13 para. 67 in force at 17.2.2025, see art. 1
[^key-63394e26e4f3bfac7988d6484f2e19cf]: Sch. 13 para. 68 in force at 17.2.2025, see art. 1
[^key-7cd39161e59ce54237ed7017fe22988f]: Sch. 13 para. 69 in force at 17.2.2025, see art. 1
[^key-e4a5d4d3b06b3e7e89fafbda56282805]: Sch. 13 para. 70 in force at 17.2.2025, see art. 1
[^key-24d34ab686a3fa531f746d371310aa3a]: Sch. 13 para. 71 in force at 17.2.2025, see art. 1
[^key-3dd962a817262295f4a5e9ce56cabba9]: Sch. 13 para. 72 in force at 17.2.2025, see art. 1
[^key-4a94b921527701f1b1fc2288fcc48ba3]: Sch. 13 para. 73 in force at 17.2.2025, see art. 1
[^key-59023f3bc8541b30820d440bd31b7879]: Sch. 13 para. 74 in force at 17.2.2025, see art. 1
[^key-9926ef1c70c15e326dd87be3d66a6375]: Sch. 13 para. 75 in force at 17.2.2025, see art. 1
[^key-9e5d95593cd4c1aa72ef413de022720b]: Sch. 13 para. 76 in force at 17.2.2025, see art. 1
[^key-b50337eec82c1dff78fb0fcc0b1dface]: Sch. 13 para. 77 in force at 17.2.2025, see art. 1
[^key-32ce990eb3ce3f53261db1902a3c0f3c]: Sch. 13 para. 78 in force at 17.2.2025, see art. 1
[^key-d42e56f1e3019589d78708a389fccd6a]: Sch. 13 para. 79 in force at 17.2.2025, see art. 1
[^key-a941958261df91549acf090c3b210fb1]: Sch. 13 para. 80 in force at 17.2.2025, see art. 1
[^key-5c63a1722369f7ff0fc4a3aee2dd4d19]: Sch. 13 para. 81 in force at 17.2.2025, see art. 1
[^key-951da0083c74615f625673f043502dac]: Sch. 13 para. 82 in force at 17.2.2025, see art. 1
[^key-c4aa68b5b6f8b99f44756caaec86fa5e]: Sch. 13 para. 83 in force at 17.2.2025, see art. 1
[^key-0b071a3f046353866ae4ca79f4f17df3]: Sch. 13 para. 84 in force at 17.2.2025, see art. 1
[^key-3419013b610e8fccea19ca21a9c58e9b]: Sch. 13 para. 85 in force at 17.2.2025, see art. 1
[^key-2b522f3e8c52b92deb64a000e3bd3297]: Sch. 13 para. 86 in force at 17.2.2025, see art. 1
[^key-f4d1127471665ebea4628012068213f4]: Sch. 13 para. 87 in force at 17.2.2025, see art. 1
[^key-5dec32344a8f8d86243ad6058b16854b]: Sch. 13 para. 88 in force at 17.2.2025, see art. 1
[^key-98d1e9a791010c2839e0ebb16cf8a9b8]: Sch. 13 para. 89 in force at 17.2.2025, see art. 1
[^key-1de7d81caea4cd8a8b4cfc64820d8f3a]: Sch. 13 para. 90 in force at 17.2.2025, see art. 1
[^key-b73e0f95afb9251b23e6a848714bc710]: Sch. 13 para. 91 in force at 17.2.2025, see art. 1
[^key-d12a46e6bdc20b74c35eb17984e17caf]: Sch. 13 para. 92 in force at 17.2.2025, see art. 1
[^key-f8110d04a8dc650ca2323e445369cfe4]: Sch. 13 para. 93 in force at 17.2.2025, see art. 1
[^key-ec70e2ec26e322682b2822d40e7f2ff1]: Sch. 13 para. 94 in force at 17.2.2025, see art. 1
[^key-f6ad3e35724024d0292ac0e075f50647]: Sch. 13 para. 95 in force at 17.2.2025, see art. 1
[^key-49c4603f26e1b969d9bd46041b40f07e]: Sch. 13 para. 96 in force at 17.2.2025, see art. 1
[^key-6d9b44342e1b3d2f77ea4e27c88732dc]: Sch. 13 para. 97 in force at 17.2.2025, see art. 1
[^key-130dfaa6741fa7f5a1e382c0a45183f2]: Sch. 13 para. 98 in force at 17.2.2025, see art. 1
[^key-5ca9228cdfe1ac0da8196056539f061b]: Sch. 13 para. 99 in force at 17.2.2025, see art. 1
[^key-b759f2ea4c35032c694f2b3f1bef75bb]: Sch. 13 para. 100 in force at 17.2.2025, see art. 1
[^key-6c320bae6eff0f26a9cf3a03d539e860]: Sch. 13 para. 101 in force at 17.2.2025, see art. 1
[^key-6a398f295f203e85ea2b5b9d4242eeb8]: Sch. 13 para. 102 in force at 17.2.2025, see art. 1
[^key-5aff5b12f9de676375c271e4e2a70ed0]: Sch. 13 para. 103 in force at 17.2.2025, see art. 1
[^key-6744c43357755d3f9b4ad9193f39d8fa]: Sch. 13 para. 104 in force at 17.2.2025, see art. 1
[^key-e32747ba3c4643f0245ad5c0bfc3bc55]: Sch. 13 para. 105 in force at 17.2.2025, see art. 1
[^key-0f5d98711b4829329915fa3d06cf576b]: Sch. 13 para. 106 in force at 17.2.2025, see art. 1
[^key-3a92ca5ea0edd05d784904f39270216c]: Sch. 13 para. 107 in force at 17.2.2025, see art. 1
[^key-52aaa207446e783afbddd025a4c95f8d]: Sch. 13 para. 108 in force at 17.2.2025, see art. 1
[^key-1c5670c8c9e96d3b1fb880e92d307083]: Sch. 13 para. 109 in force at 17.2.2025, see art. 1
[^key-247c866ed33cd8691332fcffe0d42853]: Sch. 13 para. 110 in force at 17.2.2025, see art. 1
[^key-96c23002c68f5a9146b3e2851cf5b705]: Sch. 13 para. 111 in force at 17.2.2025, see art. 1
[^key-9c09dff50e642665a7a61d4f137410a3]: Sch. 13 para. 112 in force at 17.2.2025, see art. 1
[^key-0d7be56290c468eca56ddc84dac88f20]: Sch. 13 para. 113 in force at 17.2.2025, see art. 1
[^key-97caffea0a16730ed9b37540185dbafd]: Sch. 13 para. 114 in force at 17.2.2025, see art. 1
[^key-c7d447f6ddb45bb8438f30bccbaaf4f4]: Sch. 13 para. 115 in force at 17.2.2025, see art. 1
[^key-5ee27afdcf8e368ac036555dbd4cfabe]: Sch. 13 para. 116 in force at 17.2.2025, see art. 1
[^key-932e8fe71df499f4858703536a4b1d6a]: Sch. 13 para. 117 in force at 17.2.2025, see art. 1
[^key-0baa39c8611ad98e30445287bba2e717]: Sch. 13 para. 118 in force at 17.2.2025, see art. 1
[^key-f487d1e30aa1006117a1ce8acf2467f5]: Sch. 13 para. 119 in force at 17.2.2025, see art. 1
[^key-d1f29c29c25c13b975d72deee7610a8f]: Sch. 13 para. 120 in force at 17.2.2025, see art. 1
[^key-2c064ee2f97322f5bd6ae55638460f52]: Sch. 13 para. 121 in force at 17.2.2025, see art. 1
[^key-bfd42783882578a1edfbeb682ebfebcd]: Sch. 13 para. 122 in force at 17.2.2025, see art. 1
[^key-4c1256a15945db7ed776aacfc43ebdad]: Sch. 13 para. 123 in force at 17.2.2025, see art. 1
[^key-60373bf309c3b9c98d25dc6eed5e2768]: Sch. 13 para. 124 in force at 17.2.2025, see art. 1
[^key-40907d4a1d4bf056705504261499ccef]: Sch. 13 para. 125 in force at 17.2.2025, see art. 1
[^key-c02ecd1a80511baad5596df9fbe00fa9]: Sch. 13 para. 126 in force at 17.2.2025, see art. 1
[^key-8654958d3a666d4bcdbc90f42ee4e55c]: Sch. 13 para. 127 in force at 17.2.2025, see art. 1
[^key-2f8000aea4348853d2875c9ca67b3c83]: Sch. 13 para. 128 in force at 17.2.2025, see art. 1
[^key-7964a3aa50fbdd4549403ae11f238990]: Sch. 13 para. 129 in force at 17.2.2025, see art. 1
[^key-5a72050644588de39657419d8d8c2d39]: Sch. 13 para. 130 in force at 17.2.2025, see art. 1
[^key-513194f6e85771601d497e54952034f7]: Sch. 13 para. 131 in force at 17.2.2025, see art. 1
[^key-aea4eaf45743206e32af109e811fadf1]: Sch. 13 para. 132 in force at 17.2.2025, see art. 1
[^key-99bac3e3955552cd96c0a972ceb3ca53]: Sch. 13 para. 133 in force at 17.2.2025, see art. 1
[^key-df3406fc2591cec262b487aa96044dd5]: Sch. 13 para. 134 in force at 17.2.2025, see art. 1
[^key-882da193694c99d98be1e16a82cde915]: Sch. 13 para. 135 in force at 17.2.2025, see art. 1
[^key-0978dcdd802f0ba5727a5ce6d701d102]: Sch. 13 para. 136 in force at 17.2.2025, see art. 1
[^key-4199dae2a2ac1b673eba337749ec34e8]: Sch. 13 para. 137 in force at 17.2.2025, see art. 1
[^key-797c63e1ba673066c3deea3968b35712]: Sch. 13 para. 138 in force at 17.2.2025, see art. 1
[^key-f3393da22806c22881ab15c599f0f321]: Sch. 13 para. 139 in force at 17.2.2025, see art. 1
[^key-8133adc87bfe73502e19497a8e251eb2]: Sch. 13 para. 140 in force at 17.2.2025, see art. 1
[^key-3ef338fd355ba18910d35eaea1f63c33]: Sch. 13 para. 141 in force at 17.2.2025, see art. 1
[^key-b359261184a8618f142ede1ce0255ab0]: Sch. 13 para. 142 in force at 17.2.2025, see art. 1
[^key-a6d0d0a3844e08796e95886be163311a]: Sch. 13 para. 143 in force at 17.2.2025, see art. 1
[^key-39375eb68711d97ba6f19a76437c2999]: Sch. 13 para. 144 in force at 17.2.2025, see art. 1
[^key-86bebfe5b27962669a2342a99f0de3ee]: Sch. 14 para. 1 in force at 17.2.2025, see art. 1
[^key-8f955908fa0395a228636fcb00fc2952]: Sch. 14 para. 2 in force at 17.2.2025, see art. 1
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