The Outer Dowsing Offshore Wind Farm Order 2026

• (1) If, in the exercise of the powers conferred by this Order, including pursuant to any agreement reached in accordance with paragraph 5, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be decommissioned or removed under this Part of this Schedule and any right of Cadent to maintain that apparatus in that land must not be extinguished or interfered with until alternative apparatus has been constructed, is in operation, and the facilities and rights referred to in sub-paragraph (2) have been provided, to the satisfaction of Cadent (acting reasonably) and in accordance with sub-paragraphs (2) to (5) inclusive.

• (2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to Cadent advance written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order Cadent reasonably needs to move or remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to Cadent to its satisfaction (taking into account paragraph 7(1)) the necessary facilities and rights—

• (a) for the construction of alternative apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by Cadent in respect of the apparatus);

• (b) (including appropriate working areas required to reasonably and safely undertake necessary works by Cadent in respect of the apparatus); and

• (c) to allow access to that apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by Cadent in respect of the apparatus).

• (3) If 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, Cadent may, 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 assist the undertaker in obtaining the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation will not extend to the requirement for Cadent to use its compulsory purchase powers to this end unless it (in its absolute discretion) 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 Cadent and the undertaker or settled by arbitration.

• (5) Cadent must, after the alternative apparatus to be provided or constructed has been agreed or settled, and subject to the prior grant to Cadent of such facilities and rights as are referred to in sub-paragraph (2) or (3) to Cadent’s satisfaction, acting reasonably, proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to decommission or remove any apparatus required by the undertaker to be decommissioned or removed under the provisions of this Part of this Schedule.

Facilities and rights for alternative apparatus

102

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for Cadent facilities and rights in land for the access to, construction and maintenance of alternative apparatus in substitution for apparatus to be decommissioned or removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and Cadent and must be no less favourable on the whole to Cadent than the facilities and rights enjoyed by it in respect of the apparatus to be decommissioned or removed unless otherwise agreed by Cadent.

• (2) If the facilities and rights to be afforded by the undertaker and agreed with Cadent under sub-paragraph (1) 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 Cadent (in Cadent’s opinion, acting reasonably) than the facilities and rights enjoyed by it in respect of the apparatus to be decommissioned or removed, then the terms and conditions to which those facilities and rights are subject will be referred to arbitration in accordance with paragraph 14 of this Part of this Schedule and the arbitrator must make such provision for the payment of compensation by the undertaker to Cadent as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection of Cadent

103

• (1) Not less than 56 days before the commencement of any specified works the undertaker must submit to Cadent a plan and, if reasonably required by Cadent, a ground monitoring scheme in respect of those works.

• (2) The plan to be submitted to Cadent under sub-paragraph (1) must include a method statement and describe—

• (a) the exact position of the specified works;

• (b) the level at which these are proposed to be constructed or renewed;

• (c) the manner of their construction or renewal including details of excavation and positioning of plant;

• (d) the position of all apparatus;

• (e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and

• (f) any intended maintenance regimes.

• (3) The undertaker must not commence any specified works until Cadent has given written approval of the plan so submitted (and the ground monitoring scheme if required).

• (4) Any approval of Cadent given under sub-paragraph (3)—

• (a) may be given subject to reasonable conditions; and

• (b) must not be unreasonably withheld or delayed.

• (5) For the purposes of sub-paragraph (4)(b) it will be deemed to be reasonable for any approval to be refused if Cadent considers that the specified works would—

• (a) cause material interference with or material risk of damage to its apparatus; or

• (b) prevent access to its apparatus at any time.

• (6) In relation to any work to which sub-paragraphs (1) and/or (2) apply Cadent may require such modifications to be made to the plan as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

• (7) Works to which this paragraph applies must only be executed in accordance with—

• (a) the plan submitted under sub-paragraph (1) (and ground monitoring scheme if required), as approved or as amended from time to time by agreement between the undertaker and Cadent; and

• (b) all conditions imposed under sub-paragraph (4)(a), and Cadent will be entitled to watch and inspect the execution of those works where reasonably practicable to do so and in accordance with any relevant health and safety legislation.

• (8) Where Cadent 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 Cadent’s satisfaction prior to the commencement of any specified works (or any relevant part thereof) for which protective works are required prior to commencement.

• (9) If Cadent, in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 3 and 5 to 7 apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(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 will apply to and in respect of the new plan.

• (11) As soon as reasonably practicable after any ground subsidence event attributable to the authorised works (including such an event attributable to its maintenance)—

• (a) the undertaker must implement an appropriate ground mitigation scheme; and

• (b) Cadent retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 9.

• (12) The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works but in that case it must give to Cadent notice as soon as is reasonably practicable and a plan of those works and must comply with

• (a) the conditions imposed under sub-paragraph (4)(a) insofar as is reasonably practicable in the circumstances; and

• (b) Sub-paragraph (13) at all times.

• (13) In this paragraph, “emergency works” means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.

• (14) At all times when carrying out any works authorised under the Order the undertaker must comply with Cadent’s policies for safe working in proximity to gas apparatus “Specification for safe working in the vicinity of Cadent Assets CAD//SP/SSW/22” and HSE’s “HS(~G)47 Avoiding Danger from underground services”.

Expenses

104

• (1) Subject to the following provisions of this paragraph, the undertaker must pay to Cadent within 30 days of receipt of an invoice or claim all charges, costs and expenses reasonably anticipated or reasonably and properly incurred by Cadent 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 as are referred to in this Part of this Schedule including without limitation—

• (a) any costs reasonably incurred by or compensation properly paid by Cadent in connection with the negotiation and/or acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs (including professional fees) incurred by Cadent as a consequence of Cadent;

• (i) using its own compulsory purchase powers to acquire any necessary rights under paragraph 6(3) if it elects to do so; and/or

• (ii) exercising any compulsory purchase powers under this Order transferred to or benefitting Cadent;

• (b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;

• (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 survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule;

• (g) any watching brief pursuant to sub-paragraph 8(6).

• (2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.

• (3) If in accordance with the provisions of this Part of this Schedule—

• (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with paragraph 14 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to Cadent 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 Cadent 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 Cadent 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

105

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works authorised by this Part of this Schedule (including without limitation relocation, diversion, decommissioning, construction and maintenance of apparatus or alternative apparatus) 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 the undertaker) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised works) or property of Cadent, or there is any interruption in any service provided, or in the supply of any goods, by Cadent, or Cadent 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 Cadent, the cost reasonably incurred by Cadent in making good such damage or restoring the supply; and

• (b) indemnify Cadent for any other expenses, loss, demands, proceedings, damages, claims, penalty, compensation or costs incurred by, paid by or recovered from Cadent, by reason or in consequence of any such damage or interruption or Cadent becoming liable to any third party as aforesaid other than arising from any default of Cadent.

• (2) The fact that any act or thing may have been done by Cadent on behalf of the undertaker or in accordance with a plan approved by Cadent or in accordance with any requirement of Cadent or under its supervision including under any watching brief will not (unless sub-paragraph (3) applies) excuse the undertaker from liability under the provisions of sub-paragraph (1) unless Cadent 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) imposes 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 Cadent, its officers, servants, contractors or agents; and

• (b) any part of the authorised works carried out by Cadent in the exercise of any functions conferred by this Order pursuant to a grant or transfer under article 5 (benefit of the Order) of the Order.

• (4) Cadent must give the undertaker reasonable notice of any such claim or demand and no settlement, admission of liability or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations.

• (5) Cadent must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies. If requested to do so by the undertaker, Cadent must provide an explanation of how the claim has been minimised. The undertaker is only liable under this paragraph for claims reasonably incurred by Cadent.

Enactments and agreements

106

Except where this Part of this Schedule provides otherwise, nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and Cadent 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

107

• (1) Where in consequence of the proposed construction of any part of the authorised works, the undertaker or Cadent requires the removal of apparatus under paragraph 6(2) or Cadent makes requirements for the protection or alteration of apparatus under paragraph 8, the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised works and taking into account the need to ensure the safe and efficient operation of Cadent’s undertaking and Cadent must use its best endeavours to co-operate with the undertaker for that purpose.

• (2) For the avoidance of doubt whenever Cadent’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, Cadent’s consent must not be unreasonably withheld or delayed.

Access

108

If in consequence of any agreement reached in accordance with paragraph 5(1) or the powers conferred by this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative rights and means of access to such apparatus as will enable Cadent to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

109

Save for differences or disputes arising under sub-paragraphs 6(2) and 6(4) any difference or dispute arising between the undertaker and Cadent under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and Cadent, be determined by arbitration in accordance with article 38 (arbitration).

Notices

110

Notwithstanding article 46 (service of notices), any plans submitted to Cadent by the undertaker pursuant to paragraph 8(1) must be sent via email to Cadent Gas Limited Plant Protection at plantprotection@cadentgas.com copied by e-mail to toby.feirn@cadentgas.com and sent to the General Counsel Department at Cadent’s registered office or such other address as Cadent may from time to time appoint instead for that purpose and notify to the undertaker in writing.

PART 10 — Protection for Network Rail Infrastructure Limited

111

The provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and Network Rail and, in the case of paragraph 15 of this Part of this Schedule any other person on whom rights or obligations are conferred by that paragraph.

112

In this Part of this Schedule—

• “asset protection agreement” means an agreement to regulate the construction and maintenance of the specified work in a form prescribed from time to time by Network Rail;

• “construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;

• “the engineer” means an engineer appointed by Network Rail for the purposes of this Order;

• “network licence” means the network licence, as the same is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of their powers under section 8 (licences) of the Railways Act 1993;

• “Network Rail” means Network Rail Infrastructure Limited (company number 02904587, whose registered office is at Waterloo General Office, London SE1 8SW) and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 of the Companies Act 2006) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited and any successor to Network Rail Infrastructure Limited’s railway undertaking;

• “plans” includes sections, designs, design data, software, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;

• “railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease;

• “railway property” means any railway belonging to Network Rail and— any station, land, works, apparatus and equipment belonging to Network Rail or connected with any such railway; and any easement or other property interest held or used by Network Rail or a tenant or licensee of Network Rail for the purposes of such railway or works, apparatus or equipment;

• “regulatory consents” means any consent or approval required under— the Railways Act 1993; the network licence; and/or any other relevant statutory or regulatory provisions; by either the Office of Rail and Road or the Secretary of State for Transport or any other competent body including change procedures and any other consents, approvals of any access or beneficiary that may be required in relation to the authorised development; and

• “specified work” means so much of any of the authorised development as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property and, for the avoidance of doubt, includes the maintenance of such works under the powers conferred by article 4 (Power to maintain the authorised project) in respect of such works.

113

• (1) Where under this Part of this Schedule Network Rail is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute.

• (2) In so far as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures, Network Rail must—

• (a) co-operate with the undertaker with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from those procedures; and

• (b) use their reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised development pursuant to this Order.

114

• (1) The undertaker must not exercise the powers conferred by—

• (a) article 3 (development consent etc. granted by the Order);

• (b) article 4 (power to maintain the authorised project);

• (c) article 16 (discharge of water);

• (d) article 17 (authority to survey and investigate the land onshore);

• (e) article 18 (compulsory acquisition of land);

• (f) article 20 (compulsory acquisition of rights);

• (g) article 21 (private rights);

• (h) article 24 (acquisition of subsoil only or airspace only);

• (i) article 26 (temporary use of land for carrying out the authorised project);

• (j) article 27 (temporary use of land for maintaining authorised project);

• (k) article 28 (statutory undertakers);

• (l) article 35 (felling or lopping of trees and removal of hedgerows);

• (m) article 36 (trees subject to tree preservation orders);

• (n) the powers conferred by section 11(3) (power of entry) of the 1965 Act;

• (o) the powers conferred by section 203 (power to override easements and rights) of the Housing and Planning Act 2016;

• (p) the powers conferred by section 172 (right to enter and survey land) of the Housing and Planning Act 2016;

• (q) any powers in respect of the temporary possession of land under the Neighbourhood Planning Act 2017;

in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

• (2) The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.

• (3) The undertaker must not exercise the powers conferred by sections 271 or 272 of the 1990 Act, article 28 (statutory undertakers), or article 21 (private rights), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

• (4) The undertaker must not under the powers of this Order acquire or use or acquire new rights over, or seek to impose any restrictive covenants over, any railway property, or extinguish any existing rights of Network Rail in respect of any third party property, except with the consent of Network Rail.

• (5) The undertaker must not under the powers of this Order do anything which would result in railway property being incapable of being used or maintained or which would affect the safe running of trains on the railway.

• (6) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions but it shall never be unreasonable to withhold consent for reasons of operational or railway safety (such matters to be in Network Rail’s absolute discretion).

• (7) The undertaker must enter into an asset protection agreement prior to the carrying out of any specified work.

115

• (1) The undertaker must before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work must not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration.

• (2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld, and if by the end of the period of 28 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not intimated their disapproval of those plans and the grounds of such disapproval the undertaker may serve upon the engineer written notice requiring the engineer to intimate approval or disapproval within a further period of 28 days beginning with the date upon which the engineer receives written notice from the undertaker. If by the expiry of the further 28 days the engineer has not intimated approval or disapproval, the engineer shall be deemed to have approved the plans as submitted.

• (3) If by the end of the period of 28 days beginning with the date on which written notice was served upon the engineer under sub-paragraph (2), Network Rail gives notice to the undertaker that Network Rail desires itself to construct any part of a specified work which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker desires such part of the specified work to be constructed, Network Rail must construct it without unnecessary delay on behalf of and to the reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be approved or settled under this paragraph, and under the supervision (where appropriate and if given) of the undertaker.

• (4) When signifying their approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using the same (including any relocation de-commissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes must be constructed by Network Rail or by the undertaker, if Network Rail so desires, and such protective works must be carried out at the expense of the undertaker in either case without unnecessary delay and the undertaker must not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to their reasonable satisfaction.

116

• (1) Any specified work and any protective works to be constructed by virtue of paragraph 5(4) must, when commenced, be constructed—

• (a) without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 5;

• (b) under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;

• (c) in such manner as to cause as little damage as is possible to railway property; and

• (d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic thereon and the use by passengers of railway property.

• (2) If any damage to railway property or any such interference or obstruction shall be caused by the carrying out of, or in consequence of the construction of a specified work, the undertaker must, notwithstanding any such approval, make good such damage and must pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

• (3) Nothing in this Part of this Schedule imposes any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents or any liability on Network Rail with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.

117

The undertaker must—

• (a) at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and

• (b) supply the engineer with all such information as they may reasonably require with regard to a specified work or the method of constructing it.

118

Network Rail must at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by Network Rail under this Part of this Schedule during their construction and must supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them.

119

• (1) If any permanent or temporary alterations or additions to railway property are reasonably necessary in consequence of the construction or completion of a specified work or during a period of 24 months after the completion of that work in order to ensure the safety of railway property or the continued safe operation of the railway of Network Rail, such alterations and additions may be carried out by Network Rail and if Network Rail gives to the undertaker not less than 56 days’ notice (or in the event of an emergency or safety critical issue such notice as is reasonable in the circumstances) of its intention to carry out such alterations or additions (which must be specified in the notice), the undertaker must pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any such alterations or additions.

• (2) If during the construction of a specified work by the undertaker, Network Rail gives notice to the undertaker that Network Rail desires itself to construct that part of the specified work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker decides that part of the specified work is to be constructed, Network Rail must assume construction of that part of the specified work and the undertaker must, notwithstanding any such approval of a specified work under paragraph 5(3), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work.

• (3) The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 10(a) provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require.

• (4) If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions a capitalised sum representing such saving must be set off against any sum payable by the undertaker to Network Rail under this paragraph.

120

The undertaker must repay to Network Rail all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail—

• (a) in constructing any part of a specified work on behalf of the undertaker as provided by paragraph 5(3) or in constructing any protective works under the provisions of paragraph 5(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

• (b) in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of the construction of a specified work;

• (c) in respect of the employment or procurement of the services of any inspectors, signallers, watch-persons and other persons whom it shall be reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work;

• (d) in respect of any special traffic working resulting from any speed restrictions which may in the opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or from the substitution or diversion of services which may be reasonably necessary for the same reason; and

• (e) in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work.

121

• (1) In this paragraph—

• “EMI” means, subject to sub-paragraph (2), electromagnetic interference with Network Rail apparatus generated by the operation of the authorised development where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus; and

• “Network Rail’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised development) which are owned or used by Network Rail for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.

• (2) This paragraph applies to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 5(1) for the relevant part of the authorised development giving rise to EMI (unless the undertaker has been given notice in writing before the approval of those plans of the intention to make such change).

• (3) Subject to sub-paragraph (5), the undertaker must in the design and construction of the authorised development take all measures necessary to prevent EMI and must establish with Network Rail (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

• (4) In order to facilitate the undertaker’s compliance with sub-paragraph (3)—

• (a) the undertaker must consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter must continue to consult with Network Rail (both before and after formal submission of plans under paragraph 5(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

• (b) Network Rail must make available to the undertaker all information in the possession of Network Rail reasonably requested by the undertaker in respect of Network Rail’s apparatus identified pursuant to sub-paragraph (a); and

• (c) Network Rail must allow the undertaker reasonable facilities for the inspection of Network Rail’s apparatus identified pursuant to sub-paragraph (a).

• (5) In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail must not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution must be selected in the reasonable discretion of Network Rail, and in relation to such modifications paragraph 5(1) has effect subject to the sub-paragraph.

• (6) Prior to the commencement of operation of the authorised development the undertaker shall test the use of the authorised development in a manner that shall first have been agreed with Network Rail and if, notwithstanding any measures adopted pursuant to sub-paragraph (3), the testing of the authorised development causes EMI then the undertaker must immediately upon receipt of notification by Network Rail of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the undertaker’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to Network Rail’s apparatus.

• (7) In the event of EMI having occurred—

• (a) the undertaker must afford reasonable facilities to Network Rail for access to the undertaker’s apparatus in the investigation of such EMI;

• (b) Network Rail must afford reasonable facilities to the undertaker for access to Network Rail’s apparatus in the investigation of such EMI;

• (c) Network Rail must make available to the undertaker any additional material information in its possession reasonably requested by the undertaker in respect of Network Rail’s apparatus or such EMI; and

• (d) the undertaker shall not allow the use or operation of the authorised development in a manner that has caused or will cause EMI until measures have been taken in accordance with this paragraph to prevent EMI occurring.

• (8) Where Network Rail approves modifications to Network Rail’s apparatus pursuant to sub-paragraphs (5) or (6)—

• (a) Network Rail must allow the undertaker reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus;

• (b) any modifications to Network Rail’s apparatus approved pursuant to those sub-paragraphs must be carried out and completed by the undertaker in accordance with paragraph 6.

• (9) To the extent that it would not otherwise do so, the indemnity in paragraph 15(1) applies to the costs and expenses reasonably incurred or losses suffered by Network Rail through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies.

• (10) For the purpose of paragraph 10(a) any modifications to Network Rail’s apparatus under this paragraph shall be deemed to be protective works referred to in that paragraph.

• (11) In relation to any dispute arising under this paragraph the reference in article 38 (arbitration) to the Institution of Civil Engineers shall be read as a reference to the Institution of Engineering and Technology.

122

If at any time after the completion of a specified work, not being a work vested in Network Rail, Network Rail gives notice to the undertaker informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of railway property, the undertaker must, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect railway property.

123

The undertaker must not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Network Rail unless it has first consulted Network Rail and it must comply with Network Rail’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.

124

Any additional expenses which Network Rail may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of a specified work must, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be repaid by the undertaker to Network Rail.

125

• (1) The undertaker must pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule which may be occasioned to or reasonably incurred by Network Rail—

• (a) by reason of the construction, maintenance or operation of a specified work or the failure thereof; or

• (b) by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged upon a specified work;

• (c) by reason of any act or omission of the undertaker or any person in its employ or of its contractors or others whilst accessing to or egressing from the authorised development;

• (d) in respect of any damage caused to or additional maintenance required to, railway property or any such interference or obstruction or delay to the operation of the railway as a result of access to or egress from the authorised development by the undertaker or any person in its employ or of its contractors or others;

• (e) in respect of costs incurred by Network Rail in complying with any railway operational procedures or obtaining any regulatory consents which procedures are required to be followed or consents obtained to facilitate the carrying out or operation of the authorised development;

and the undertaker must indemnify and keep indemnified Network Rail from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission: and the fact that any act or thing may have been done by Network Rail on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s supervision shall not (if it was done without negligence on the part of Network Rail or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this sub-paragraph.

• (2) Network Rail must—

• (a) give the undertaker reasonable written notice of any such claims or demands; and

• (b) not make any settlement or compromise of such a claim or demand without the prior consent of the undertaker; and

• (c) take such steps as are within its control and are reasonable in the circumstances to mitigate any liabilities relating to such claims or demands and use reasonable endeavours to provide the Undertaker with any correspondence (subject to confidentiality requirements, laws and obligations) associated with mitigating liabilities.

• (3) The sums payable by the undertaker under sub-paragraph (1) shall if relevant include a sum equivalent to the relevant costs.

• (4) In no circumstances is the Undertaker liable to Network Rail under sub-paragraph (1) for any indirect or consequential loss or loss of profits, save that the sums payable by the Undertaker under that sub-paragraph include a sum equivalent to the relevant costs in circumstances where—

• (a) Network Rail is liable to make payment of the relevant costs pursuant to the terms of an agreement between Network Rail and a train operator; and

• (b) the existence of that agreement and the extent of Network Rail’s liability to make payment of the relevant costs pursuant to its terms has previously been disclosed in writing to the Undertaker, but not otherwise.

• (5) Subject to the terms of any agreement between Network Rail and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Network Rail must promptly pay to each train operator the amount of any sums which Network Rail receives under sub-paragraph (3) which relates to the relevant costs of that train operator.

• (6) The obligation under sub-paragraph (3) to pay Network Rail the relevant costs shall, in the event of default, be enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator pursuant to sub paragraph (4).

• (7) In this paragraph—

• “the relevant costs” means the costs, losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any specified work including but not limited to any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work or any such act or omission as mentioned in sub-paragraph (1); and

• “train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993.

126

Network Rail must, on receipt of a request from the undertaker, from time to time provide the undertaker free of charge with written estimates of the costs, charges, expenses and other liabilities for which the undertaker is or will become liable under this Part of this Schedule (including the amount of the relevant costs mentioned in paragraph 15) and with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made pursuant to this Part of this Schedule (including any claim relating to those relevant costs).

127

In the assessment of any sums payable to Network Rail under this Part of this Schedule there must not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Part of this Schedule or increasing the sums so payable.

128

The undertaker and Network Rail may, subject in the case of Network Rail to compliance with the terms of its network licence, enter into, and carry into effect, agreements for the transfer to the undertaker of—

• (a) any railway property shown on the works and land plans and described in the book of reference;

• (b) any lands, works or other property held in connection with any such railway property; and

• (c) any rights and obligations (whether or not statutory) of Network Rail relating to any railway property or any lands, works or other property referred to in this paragraph.

129

Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part I of the Railways Act 1993.

130

The undertaker must give written notice to Network Rail if any application is proposed to be made by the undertaker for the Secretary of State’s consent, under article 5 (benefit of the Order) of this Order and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)—

• (a) the nature of the application to be made;

• (b) the extent of the geographical area to which the application relates; and

• (c) the name and address of the person acting for the Secretary of State to whom the application is to be made.

131

The undertaker must no later than 28 days from the date that the plans submitted to and certified by the Secretary of State in accordance with article 40 (certification of plans etc.) are certified by the Secretary of State, provide a set of those plans to Network Rail in a format specified by Network Rail.

132

In relation to any dispute arising under this part of this Part of this Schedule (except for those disputes referred to in paragraph 11) the provisions of article 38 (Arbitration) shall not apply and—

• (a) any dispute or difference arising between the parties as to their respective rights, duties and obligations under these provisions or as to any matters arising out of it or in connection with the subject matters of these provisions must, in the first instance, be referred to a representative of Network Rail and a representative of the undertaker, each of whom holding a senior management position. Those representatives shall meet as soon as possible and shall endeavour in good faith to resolve any dispute or difference amicably.

• (b) The representative of the undertaker shall be the relevant programme Director(s) and the representative of Network Rail shall be the Director, Route Asset Management or, in either case, such other person as may be notified to the other party from time to time.

• (c) Any dispute or difference arising between the parties as to their respective rights, duties and obligations (other than a dispute as to land compensation which must be referred to the Upper Tribunal), which cannot be resolved as set out above is to be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) to the President of the Institution of Civil Engineers.

PART 11 — Protection for Perenco Gas (UK) Limited, Perenco North Sea Limited, Everard Energy Limited, Ithaca MA Limited, and RockRose (UKCS2) Limited

Application

133

The following provisions apply for the protection of the owner from time to time of the Excalibur Assets, the Galahad Assets, the Lancelot Assets, the Malory Assets, the Pickerill Assets and the Waveney Assets, unless otherwise agreed in writing between the undertaker and relevant owner.

Interpretation

134

In this Part of this Schedule—

• “array area” means the area delineated red hatching and annotated and shown as the array area on the Perenco protective provisions plan;

• “assets” means the Excalibur Assets, the Galahad Assets, the Lancelot Assets, the Malory Assets, the Pickerill Assets and the Waveney Assets;

• “aviation corridor” means the 1400 metre wide corridor of clear airspace (measured tip to tip from one wind turbine generator to another) as shown delineated in grey and annotated and shown as the ‘aviation corridor’ on the Perenco protective provisions plan;

• “block” means a block of the United Kingdom Continental Shelf designated as such on the map deposited at the principal office of the North Sea Transition Authority;

• “co-existence and proximity agreement” means an agreement entered on reasonable terms between the undertaker and the owner in respect of the undertaker’s works and owner’s works to reconcile and protect the interests of the parties as are known at the time to secure the implementation of the undertaker’s works and the owner’s works;

• “Excalibur Assets” means the facilities and infrastructure owned, operated, leased or otherwise contracted to the owner for the purposes of the Excalibur Licence or, following relinquishment of the Excalibur Licence, the facilities and infrastructure subject to a decommissioning programme related to the Excalibur Licence approved by OPRED, including the Excalibur platform annotated as the ‘Excalibur Platform’ on the Perenco protective provisions plan;

• “Excalibur Licence” means United Kingdom Petroleum Production Licence P461 in respect of block 48/12c and United Kingdom Petroleum Production Licence P025 in respect of block 48/17a and 48/17b in relation to the Excalibur Assets;

• “Excalibur to Lancelot communications line” means the communication line between the Excalibur Assets and the Lancelot Assets as shown coloured pink and annotated and shown as the ‘Excalibur to Lancelot communications line’ on the Perenco protective provisions plan;

• “Galahad Assets” means the facilities and infrastructure owned, operated, leased or otherwise contracted to the owner for the purposes of the Galahad Licence or, following relinquishment of the Galahad Licence, the facilities and infrastructure subject to a decommissioning programme related to the Galahad Licence approved by OPRED, including the Galahad platform annotated as the ‘Galahad Platform’ on the Perenco protective provisions plan;

• “Galahad Decommissioning Programme” means the decommissioning programme as approved by OPRED and as amended from time to time for the decommissioning of the Galahad Assets;

• “Galahad Licence” means the now surrendered United Kingdom Petroleum Production Licence P142 in respect of blocks 48/12a (ALL) and 48/13b (Excluded Area Includes Galahad) in relation to the Galahad Assets;

• “Galahad marine corridor” means a 1000 metre wide corridor (being 500 metres either side of the 12 inch diameter Galahad pipeline PL1166 (measured from the centre line of the pipeline)) as shown delineated in black and coloured red and annotated and shown as the ‘Galahad marine corridor’ on the Perenco protective provisions plan;

• “Galahad Works” means the decommissioning of the Galahad Assets in accordance with the Galahad Decommissioning Programme, but excluding any post-decommissioning monitoring and evaluation;

• “Galahad WTG exclusion zone” means an area of 1200 metre radius measured from the centre of the Galahad Assets production helideck and shown delineated in grey and coloured blue and annotated and shown as the ‘Galahad WTG exclusion zone’ on the Perenco protective provisions plan;

• “Lancelot Assets” means the facilities and infrastructure owned, operated, leased or otherwise contracted to the owner for the purposes of the Lancelot Licence or, following relinquishment of the Lancelot Licence, the facilities and infrastructure subject to a decommissioning programme related to the Lancelot Licence approved by OPRED, including the Lancelot platform annotated as the ‘Lancelot Platform’ on the Perenco protective provisions plan;

• “Lancelot Licence” means United Kingdom Petroleum Production Licence P25 in respect of blocks 48/17a (HDLA) and 48/18a (HDLA) and United Kingdom Petroleum Production Licence P463 in respect of block 48/17b (LANCE) in relation to the Lancelot Assets;

• “Lancelot to Waveney communications line” means the communication line between the Lancelot Assets and the Waveney Assets as shown coloured light blue and annotated and shown as the ‘Lancelot to Waveney communications line’ on the Perenco protective provisions plan;

• “licences” means the Excalibur Licence, the Galahad Licence, the Lancelot Licence, the Malory Licence, the Pickerill Licence and the Waveney Licence;

• “licensee” means the licensee from time to time of the relevant licences;

• “Malory Assets” means the facilities and infrastructure owned, operated, leased or otherwise contracted to the owner for the purposes of the Malory Licence or, following relinquishment of the Malory Licence, the facilities and infrastructure subject to a decommissioning programme related to the Malory Licence approved by OPRED, including the Malory platform annotated as the ‘Malory Platform’ on the Perenco protective provisions plan;

• “Malory Licence” means United Kingdom Petroleum Production Licence P461 in respect of blocks 48/12f (REST) and 48/12c (REST) and United Kingdom Petroleum Production Licence P844 in respect of block 48/12d (F) in relation to the Malory Assets;

• “Malory marine corridor” means a 1000 metre wide corridor as shown cross-hatched blue and annotated and shown as the ‘Malory marine corridor’ on the Perenco protective provisions plan;

• “Malory to Excalibur communications corridor” means two overlapping cylindrical shaped corridors, each with a 142 metre radius cross section, centred on outermost corners of the platform forming part of the Malory Assets, and following the communication line between the Malory Assets and the Excalibur Assets (said communication line as shown coloured orange and annotated and shown as the ‘Malory to Excalibur communications line’ on the Perenco protective provisions plan) in the axial direction to the outermost corners of the platform forming part of the Excalibur Assets as shown shaded grey on the inset plan annotated as ‘the Malory to Excalibur communications corridor inset plan’ on the Perenco protective provisions plan, insofar as said communications corridor is within the array area;

• “Malory Works” means the operation of the Malory Assets in accordance with the Malory Licence and the decommissioning of the Malory Assets in accordance with a decommissioning programme to be approved by OPRED and as amended from time to time, but excluding any post-decommissioning monitoring and evaluation;

• “Malory WTG exclusion zone” means an area of 2500 metre radius measured from the centre of the Malory Assets production helideck and shown delineated grey and coloured green and annotated and shown as the ‘Malory WTG exclusion zone’ on the Perenco protective provisions plan;

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

• “owner” means the licensee until such time as the relevant licences are relinquished following cessation of production at the relevant assets, and thereafter the party responsible for decommissioning the relevant facilities and infrastructure in accordance with a decommissioning programme approved by OPRED until such time as the OPRED notice is issued;

• “owner’s works” means the Galahad Works, the Malory Works and the Pickerill Works;

• “OPRED” means the Offshore Petroleum Regulator for Environment and Decommissioning;

• “OPRED notice” means a letter or notice from OPRED confirming the acceptance of the close-out report submitted by or on behalf of the relevant owner indicating that OPRED is satisfied that the permanent decommissioning of the Galahad Assets, the Malory Assets or the Pickerill Assets has been completed;

• “Perenco protective provisions plan” means the plan entitled the Perenco protective provisions plan and certified as the Perenco protective provisions plan for the purposes of this Part of this Schedule;

• “Pickerill Assets” means the facilities and infrastructure owned, operated, leased or otherwise contracted to the owner for the purposes of the Pickerill Licence or the facilities and infrastructure subject to the Pickerill Decommissioning Programme, including the Pickerill A platform annotated as the ‘Pickerill A Platform’ and the Pickerill B platform annotated as the ‘Pickerill B Platform’ on the Perenco protective provisions plan;

• “Pickerill Decommissioning Programme” means the decommissioning programme as approved by OPRED and as amended from time to time for the decommissioning of the facilities and infrastructure related to the Pickerill Licence;

• “Pickerill Licence” means the United Kingdom Petroleum Production Licence P37, Licence P460, Licence P461 and Licence P463 in respect of block 48/11A, block 48/11B, block 48/12c and block 48/17f in respect of the Pickerill Assets;

• “Pickerill marine corridor” means a 1000 metre wide corridor (being 500 metres either side of the 16 inch diameter Pickerill pipeline PL816 and the 24 inch diameter Pickerill pipeline PL818 (measured from the centre line of each pipeline)), as shown cross-hatched black and annotated and shown as the ‘Pickerill marine corridor’ on the Perenco protective provisions plan;

• “Pickerill Works” means the decommissioning of the Pickerill Assets in accordance with the Pickerill Decommissioning Programme, but excluding any post-decommissioning monitoring and evaluation;

• “relevant activities” means all development activity relating to the carrying on of the undertaker’s works and owner’s works within, or adjacent to the aviation corridor, the communications corridor, the marine corridor or a WTG exclusion zone, including (but not limited to) the preparation of development proposals, the submission of applications for statutory consents associated with those proposals and consultation in respect thereof, the acquisition of or application for new licence oil or gas blocks;

• “relevant marine corridor” means— the Galahad marine corridor in respect of Galahad Assets; the Malory marine corridor in respect of the Malory Assets; and the Pickerill marine corridor in respect of the Pickerill Assets;

• “undertaker’s works” means the offshore works permitted by this Order;

• “Waveney Assets” means the facilities and infrastructure owned, operated, leased or otherwise contracted to the owner for the purposes of the Waveney Licence or, following relinquishment of the Waveney Licence, the facilities and infrastructure subject to a decommissioning programme related to the Waveney Licence approved by OPRED, including the Waveney platform annotated as the ‘Waveney Platform’ on the Perenco protective provisions plan;

• “Waveney Licence” means United Kingdom Petroleum Production Licence P780 in respect of block 48/17c (ALL) in respect of the Waveney Assets;

• “West Sole A to Excalibur communications corridor” means two overlapping cylindrical shaped corridors, each with— a 25 metre radius cross section, centred on the outermost corners of the West Sole A platform (located in the area annotated and shown as the ‘West Sole A Platform’ on the Perenco protective provisions plan) and following the communication line between the West Sole A platform and the Excalibur Assets in (said communication line as shown coloured dark blue and annotated and shown as the ‘West Sole A to Excalibur communications line’ on the Perenco protective provisions plan) in the axial direction from the point 7 kilometres from the outermost corners of the platform forming part of the West Sole A platform to the point 7 kilometres from the outermost corners of the platform forming part of the Excalibur Assets, as shown shaded blue on the inset plan annotated as ‘the West Sole A to Excalibur communications corridor inset plan’ on the Perenco protective provisions plan; and a 85 metre radius cross section, centred on the outermost corners of the platform forming part of the Excalibur Assets, and following the communication line between the Excalibur Assets and the West Sole A platform (said communication line as shown coloured dark blue and annotated and shown as the ‘West Sole A to Excalibur communications line’ on the Perenco protective provisions plan) in the axial direction for 7 kilometres from the outermost corners of the platform forming part of the Excalibur Assets, as shown shaded grey on the inset plan annotated as ‘the West Sole A to Excalibur communications corridor inset plan’ on the Perenco protective provisions plan; insofar as said communications corridor is within the array area;

• “West Sole A to Lancelot communications corridor” means two overlapping cylindrical shaped corridors, with a 19.5 metre radius cross section, centred on the outermost corners of the West Sole A platform (located in the area annotated and shown as the ‘West Sole A Platform on the Perenco protective provisions plan) and following the communications line between the West Sole A platform and the Lancelot Assets (said communication line as shown coloured green and annotated and shown as the ‘West Sole A to Lancelot communications line’ on the Perenco protective provisions plan) in the axial direction to the outermost corners of the platform forming part of the Lancelot Assets as shown shaded blue on the inset plan annotated as ‘the West Sole A to Lancelot communications corridor inset plan’ on the Perenco protective provisions plan, insofar as said communications corridor is within the array area;

• “West Sole A to Malory communications corridor” means two overlapping cylindrical shaped corridors, with a 180 metre radius cross section, centred on the outermost corners of the West Sole A platform (located in the area annotated and shown as the ‘West Sole A Platform on the Perenco protective provisions plan) and following the communication line between the West Sole A platform and the Malory Assets (said communication line as shown coloured yellow and annotated and shown as the ‘West Sole A to Malory communications line’ on the Perenco protective provisions plan) in the axial direction to the outermost corners of the platform forming part of the Malory Assets, as shown shaded grey on the inset plan annotated as ‘the West Sole A to Malory communications corridor inset plan’ on the Perenco protective provisions plan, insofar as said communications corridor is within the array area;

• “West Sole C to Malory communications corridor” means tow overlapping cylindrical shaped corridors, each with— with a 17 metre radius cross section, centred on the outermost corners of the West Sole C platform (located in the area annotated and shown as the ‘West Sole C Platform on the Perenco protective provisions plan) and following the communication line between the West Sole C platform and the Malory Assets (said communication line as shown coloured purple and annotated and shown as the ‘West Sole C to Malory communications line’ on the Perenco protective provisions plan) in the axial direction from the point 7 kilometres from the outermost corners of the West Sole C platform to the point 7 kilometres from the outermost corners of the platform forming part of the Malory Assets, as shown shaded blue on the inset plan annotated as ‘the West Sole C to Malory communications corridor inset plan’ on the Perenco protective provisions plan; and a 60 metre radius cross section, centred on the outermost corners of the platform forming part of the Malory Assets and following the communication line between the Malory Assets and the West Sole C platform (said communication line as shown coloured purple and annotated and shown as the ‘West Sole C to Malory communications line’ on the Perenco protective provisions plan)_in the axial direction for 7 kilometres from the outermost corners of the Malory platform as shown shaded grey on the inset plan annotated as ‘the West Sole C to Malory communications corridor inset plan’ on the Perenco protective provisions plan; insofar as said communications corridor is within the array area.

Restriction on authorised development

135

• (1) Prior to the completion of the Malory works—

• (a) no foundation (excluding scour protection) of any wind turbine generator, offshore accommodation platform or offshore transformer substation or any permanent ancillary works shall be erected in the Malory marine corridor;