The Hinkley Point C (Nuclear Generating Station) Order 2013

Type Statutory-Instrument
Publication 2013-03-18
Last updated 2013-11-20
State In force
Department King's Printer of Acts of Parliament
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(1)Area (2)Description of access (3)Relevant site
In the District of West Somerset and the County of Somerset Access No. A1/1 from unnamed road HPC development site
In the District of West Somerset and the County of Somerset Access No. A1/2 from Work No. 1B HPC development site
Access No. A1/3 from Work No. 1B HPC development site
Access No. A1/4 from Work No. 1B HPC development site
In the District of Sedgemoor and the County of Somerset Access No. A4/1 from A38 Bath Road Bridgwater A
In the District of Sedgemoor and the County of Somerset Access No. A4/2 from A38 Bath Road Bridgwater A
Access No. A5/1 from College Way Bridgwater C
Access No. A6/1 from Work No. 6B Cannington bypass
Access No. A6/2 from Work No. 6B Cannington bypass
Access No. A6/3 from Work No. 6B Cannington bypass
Access No. A6/4 from Work No. 6B Cannington bypass
Access No. A6/5 from Work No. 6B Cannington bypass
Access No. A6/6 from Work No. 6B Cannington bypass
Access No. A6/7 from Work No. 6B Cannington bypass
Access No. A6/8 from Work No. 6B Cannington bypass
Access No. A6/9 from Work No. 6B Cannington bypass
Access No. A6/10 from Work No. 6B Cannington bypass
Access No. A6/11 from Work No. 6E Cannington bypass
Access No. A6/12 from Work No. 6F Cannington bypass
Access No. A6/13 from Work No. 6B Cannington bypass
Access No. A6/14 from Work No. 6B Cannington bypass
Access No. A6/15 from Work No. 6B Cannington bypass
Access No. A6/16 from Work No. 6G Cannington bypass
Access No. A7/1 from A39 Cannington park and ride
Access No. A7/2 from footpath BW5/22 Cannington park and ride
Access No. A8/1 from Work No. 8B Combwich
Access No. A9/1 from Work No. 9B Junction 23
Access No. A9/2 from Work No. 9B Junction 23
In the District of West Somerset and the County of Somerset Access No. A11/1 from B3190 Williton
In the District of West Somerset and the County of Somerset Access No.13/1 from C182 Claylands Corner Junction
In the District of Sedgemoor and the County of Somerset Access No. 14/1 from Work No. 14C A39 New Road/B3339 Sandford Hill Roundabout
In the District of West Somerset and the County of Somerset Access No. 15/1 from Work No. 15C Washford Cross Roundabout
In the District of West Somerset and the County of Somerset Access No. 15/2 from Work No. 15B Washford Cross Roundabout
Access No. 15/3 from Work No. 15C Washford Cross Roundabout
Access No. 15/4 from Work No. 15C Washford Cross Roundabout
Access No. 15/5 from Work No. 15C Washford Cross Roundabout
In the District of Sedgemoor and the County of Somerset Access No. 16/1 from A39 Bristol Road A38 Bristol Road/The Drove Junction
In the District of Sedgemoor and the County of Somerset Access No. 16/2 from A39 Bristol Road A38 Bristol Road/The Drove Junction
Access No. 16/3 from A39 Bristol Road A38 Bristol Road/The Drove Junction
Access No. 18/1 from A38 Taunton Road A39 Broadway/A38 Taunton Road Junction
Access No. 18/2 from A38 Taunton Road A39 Broadway/A38 Taunton Road Junction
Access No. 18/3 from A38 Taunton Road A39 Broadway/A38 Taunton Road Junction
Access No. 20/1 from High Street Cannington Traffic Calming Measures
Access No. 20/2 from High Street Cannington Traffic Calming Measures
Access No. 20/3 from High Street Cannington Traffic Calming Measures
Access No. 20/4 from High Street Cannington Traffic Calming Measures
Access No. 20/5 from High Street Cannington Traffic Calming Measures
Access No. 20/6 from High Street Cannington Traffic Calming Measures
Access No. 20/7 from High Street Cannington Traffic Calming Measures
Access No. 20/8 from High Street Cannington Traffic Calming Measures
Access No. 20/9 from High Street Cannington Traffic Calming Measures
Access No. 20/10 from High Street Cannington Traffic Calming Measures
Access No. 20/11 from High Street Cannington Traffic Calming Measures
Access No. 20/12 from High Street Cannington Traffic Calming Measures
Access No. 20/13 from High Street Cannington Traffic Calming Measures
Access No. 20/14 from C182 Rodway Cannington Traffic Calming Measures
Access No. 20/15 from C182 Rodway Cannington Traffic Calming Measures
Access No. 21/1 from A38 Bristol Road A38 Bristol Road/Wylds Road Junction
Access No. 21/2 from A38 Bristol Road A38 Bristol Road/Wylds Road Junction

SCHEDULE 10 — Land or interests in or rights over land not to be acquired compulsorily

(1)Location (2)Number of land shown on works and land plans (3)Rights over and interests in land not to be acquired
HPC Development Site MAIN_2, MAIN_3, MAIN_4, MAIN_7, MAIN_9 Environment Agency
Combwich COMB_22, COMB_34 Environment Agency
Junction 23 J23-A_8, J23-A_24, J23-A_26, J23-A_30, J23-A_32, J23-A_38 Environment Agency

SCHEDULE 11 — Modification of compensation and compulsory purchase enactments for creation of new rights

Compensation enactments

1

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

2
  • (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00029] has effect subject to the modifications set out in sub-paragraphs (2) and (3).
  • (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—
  • (a) for the words “land is acquired or taken” there are substituted the words “a right over land is purchased”; and
  • (b) for the words “acquired or taken from him” there are substituted the words “over which the right is exercisable”.
  • (3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5—
  • (a) for the word “part” in paragraphs (a) and (b) there are substituted the words “a right over land consisting”;
  • (b) for the word “severance” there are substituted the words “right over the whole of the house, building or manufactory or of the house and the park or garden”;
  • (c) for the words “part proposed” there are substituted the words “right proposed”; and
  • (d) for the words “part is” there are substituted the words “right is”.

Application of the 1965 Act

3
  • (1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are to be read (according to the requirements of the particular context) as referring to, or as including references to—
  • (a) the right acquired or to be acquired, or
  • (b) the land over which the right is or is to be exercisable.
  • (2) Without limitation on the scope of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.
4

For section 7 of the 1965 Act (measure of compensation) there is substituted the following section—

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

5

For section 8 of the 1965 Act (provisions as to divided land) there shall be substituted the following—

(8) (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and (b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that interest, and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs, the Hinkley Point C (Nuclear Generating Station) Order 2013[^f00030] (“the Order”), in relation to that person, ceases to authorise the purchase of the right and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs. (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section is to be determined by the tribunal. (3) Where, in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section, the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.

6

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

  • (a) section 9(4) (failure by owners to convey);
  • (b) paragraph 10(3) of Schedule 1 (owners under incapacity);
  • (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and
  • (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

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

7

Section 11 of the 1965 Act (powers of entry) is so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, it has power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8

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

9

Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) is so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

SCHEDULE 12 — Land of which temporary possession may be taken

(1)Area (2)Number of land shown on land plans (3)Purpose for which temporary possession may be taken (4)Relevant site
In the District of West Somerset and the County of Somerset MAIN_15, MAIN_16 Highway works (Work No. 1B) and delivery of AILs HPC development site
In the District of West Somerset and the County of Somerset MAIN_17, MAIN_18 Highway works (Work No. 1C) HPC development site
In the District of Sedgemoor and the County of Somerset BRI-A_1, BRI-A_4, BRI-A_5, BRI-A_10, BRI-A_12, BRI-A_13, BRI-A_15, BRI-A_18 Demolition of existing structures, use for construction purposes, site remediation and temporary surfacing (Work No. 4A) Bridgwater A
BRI-A_2, BRI-A_6, BRI-A_7, BRI-A_8 Highway works (Work No. 4B and Work No. 4C) Bridgwater A
BRI-C_3, BRI-C_8 Highway works (Work No. 5A and Work No. 5B) Bridgwater C
BRI-C_4, BRI-C_5, BRI-C_7 Construction purposes (Work No. 5A) Bridgwater C
BRI-C_2 Highway works and construction purposes (Work No. 5A and Work No. 5B) Bridgwater C
WEST_13, WEST_14, WEST_15, WEST_16, WEST_17, WEST_19, WEST_20, WEST_21, WEST_22, WEST_23, WEST_24, WEST_25, WEST_26, WEST_27, WEST_28, WEST_29, WEST_30, WEST_31, WEST_32, WEST_33, WEST_34, WEST_35, WEST_36, WEST_37, WEST_38, WEST_40, WEST_41, WEST_42, WEST_43, WEST_44, WEST_45, WEST_46, WEST_47, WEST_48, WEST_49, WEST_50, WEST_51, WEST_52, WEST_53, WEST_54, WEST_55, WEST_56, WEST_59, WEST_61, WEST_62, WEST_64, WEST_65, WEST_66, WEST_68, WEST_69, WEST_70, WEST_71, WEST_72, WEST_73 Construction purposes and highway works (Work Nos. 6A, 6B, 6C, 6D, 6E, 6F, 6G, 6H, 6I and 6J) Cannington bypass
WEST_18, WEST_39 Construction compounds Cannington bypass
CAN_3 Highway works (Work No. 7B) Cannington park and ride
COMB_17, COMB_18, COMB_19 Highway works (Work No. 8B) Combwich
COMB_35, COMB_36 Demolition of marine structures, and construction purposes related to the refurbishment and extension of the wharf (Work No. 8A) Combwich
COMB_32 Windrowing Combwich
In the District of West Somerset and the County of Somerset J23_A_19, J23_A_20 Highway works (Work No. 9B) Junction 23
In the District of West Somerset and the County of Somerset J23_A_14, J23_A_32, J23_A_33, J23_A_34, J23_A_35, J23_A_39, J23_A_40, J23_A_41, J23_A_42, J23_A_43 Construction purposes (Work No. 9A) Junction 23
J23_A_2 Windrowing Junction 23
In the District of West Somerset and the County of Somerset WIL_2 Access works (Access A11/1) Williton
In the District of West Somerset and the County of Somerset FHL_1, FHL_2, FHL_3, FHL_4 Highway works (Work No. 12) C182 Farringdon Hill Lane, Horse Crossing
In the Districts of West Somerset, Sedgemoor and the County of Somerset CC_1, CC_2, CC_3 Highway works (Work No. 13) Claylands Corner Junction
In the District of Sedgemoor and the County of Somerset SH_1 Highway works (Work Nos. 14A, 14B and 14C) A39 New Road / B339 Sandford Hill Roundabout
In the District of West Somerset and the County of Somerset WCR_1, WCR_7, WCR_8 Highway works (Work Nos. 15A, 15B and 15C) Washford Cross Roundabout
In the District of Sedgemoor and the County of Somerset BRTD_1, BRTD_2, BRTD_3, BRTD_4 Highway works (Work Nos. 16A and 16B) A38 Bristol Road / The Drove Junction
In the District of Sedgemoor and the County of Somerset WRTD_1, WRTD_2, WRTD_3 Highway works (Work Nos. 17A and 17B) Wylds Road / The Drove Junction
BWYTR_1, BWYTR_2, BWYTR_3, BWYTR_4, BWYTR_5, BWYTR_6, BWYTR_7, BWYTR_8, BWYTR_9, BWYTR_10 Highway works (Work No. 18) A39 Broadway / A38 Taunton Road Junction
JS23-S_1, J23-S_2, JS23-S_3, J23-S_4, JS23-S_5, J23-S_6, JS23-S_7, J23-S_8, JS23-S_9, JS23-S_10, J23-S_11, JS23-S_12, J23-S_13, JS23-S_14, JS23-S_15 Highway works (Work No. 19) M5 Junction 23 Roundabout
CTC_1, CTC_3, CTC_4, CTC_5, CTC_6 Highway works (Work No. 20) Cannington Traffic Calming Measures
BRWR_2, BRWR_3, BRWR_5, BRWR_6 Highway works (Work No. 21) A38 Bristol Road / Wylds Road Junction
HRB_1, HRB_2, HRB_3, HRB_4 Highway works (Work No. 22) Huntworth Roundabout

SCHEDULE 13 — Trees subject to Tree Preservation Orders

(1)Type of tree (2)Work to be carried out (3)Relevant site
Trees subject to the West Somerset District Council (Woodland area to the west of Hinkley Point A and B Stations, Bridgwater, Somerset, TA5 1UD) Tree Preservation Order 2011 Felling HPC development site
Trees subject to the (Cannington) No. 18 Tree Preservation Order, 1993 (18/1993/TI) Felling Cannington bypass

SCHEDULE 14 — Procedure for discharge of requirements

Applications made under requirement

1
  • (1) Where an application has been made to a discharging authority for any agreement or approval required by a requirement included in this Order the discharging authority shall give notice to the undertaker of its decision on the application before the end of the decision period.
  • (2) For the purposes of sub-paragraph (1), the decision period is—
  • (a) in the case of a major detailed requirement—
  • (i) where no further information is requested under paragraph 2, 8 weeks from the day immediately following that on which the application is received by the authority;
  • (ii) where further information is requested under paragraph 2, 8 weeks from the day immediately following that on which further information has been supplied by the undertaker under paragraph 2; or
  • (iii) such longer period as may be agreed by the undertaker and the discharging authority in writing before the end of the period in sub-paragraph (i) or (ii); and
  • (b) in the case of a minor detailed requirement—
  • (i) where no further information is requested under paragraph 2, 5 weeks from the day immediately following that on which the application is received by the authority;
  • (ii) where further information is requested under paragraph 2, 5 weeks from the day immediately following that on which further information has been supplied by the undertaker under paragraph 2; or
  • (iii) such longer period as may be agreed by the undertaker and the discharging authority in writing before the end of the period in sub-paragraph (i) or (ii).

Further information

2
  • (1) In relation to any application to which this Schedule applies, the discharging authority shall have the right to request such further information from the undertaker as is necessary to enable it to consider the application.
  • (2) If the discharging authority considers such further information to be necessary and the requirement does not specify that consultation with a requirement consultee is required, the discharging authority shall, within 7 business days of receipt of the application, notify the undertaker in writing specifying the further information required.
  • (3) If the requirement specifies that consultation with a requirement consultee is required, the discharging authority shall issue the consultation to the requirement consultee within 1 business day of receipt of the application, and shall notify the undertaker in writing specifying any further information requested by the requirement consultee within 1 business day of receipt of such a request and in any event within 21 days of receipt of the application.
  • (4) If the discharging authority does not give notification as specified in sub-paragraph (2) or (3), it shall be deemed to have sufficient information to consider the application and shall not thereafter be entitled to request further information without the prior agreement of the undertaker.

Fees

3
  • (1) Where an application is made to the discharging authority for agreement or approval in respect of a requirement, a fee shall be paid to that authority as follows—
  • (a) where the application relates to a major detailed requirement, fees shall be calculated in accordance with the following table—
Category 1 The erection of buildings— The erection of buildings—
(i) where no floor space is to be created by the development, £170;
(ii) where the area of gross floor space to be created by the development does not exceed 40 metres, £170;
(iii) where the area of the gross floor space to be created by the development exceeds 40 square metres, but does not exceed 75 square metres, £335;
(iv) where the area of the gross floor space to be created by the development exceeds 75 square metres, but does not exceed 3750 square metres, £335 for each 75 square metres of that area;
(v) where the area of gross floor space to be created by the development exceeds 3750 square metres, £16,565; and an additional £100 for each 75 square metres.
Category 2 The carrying out of any operations not coming within Category 1, £170 for each 0.1 hectare of the site area, up to a maximum of £1,690. The carrying out of any operations not coming within Category 1, £170 for each 0.1 hectare of the site area, up to a maximum of £1,690.
  • (b) where an application is made for discharge of a major detailed requirement (“current application”) in respect of which an application has been made previously, the fee payable in respect of the current application shall be £335; and
  • (c) where the application relates to a minor detailed requirement, £85 for each application.
  • (2) For the purpose of the calculation of fees pursuant to paragraph 3(1)(a)—
  • (a) the area shall be taken as consisting of the area of land to which the application relates;
  • (b) where the application relates to development within Category 1, the area of gross floor space created by the development shall be ascertained by external measurement of the floor space, whether or not it is bounded (wholly or partly) by external walls of a building;
  • (c) where the application relates to development within Category 1 and the gross floor space to be created by the development exceeds 75 square metres and is not an exact multiple of 75 square metres, the area remaining after division of the total number of square metres of gross floor space by the figure of 75 shall be treated as being 75 metres; and
  • (d) where the application relates to development within Category 2 and the site area exceeds 0.1 hectares and is not an exact multiple of 0.1 hectares, the area remaining after division of the total number of hectares by the figure of 0.1 hectares shall be treated as being 0.1 hectares.
  • (3) Any fee paid under this Schedule shall be refunded to the undertaker within 8 weeks of—
  • (a) the application being rejected as invalidly made; or
  • (b) the discharging authority failing to determine the application within the decision period as determined under paragraph 1,

unless within that period the undertaker agrees, in writing, that the fee shall be retained by the discharging authority and credited in respect of a future application.

Appeals

4
  • (1) The undertaker may appeal in the event that—
  • (a) the discharging authority refuses an application for any agreement or approval required by a requirement included in this Order or grants it subject to conditions;
  • (b) the discharging authority does not give notice of its decision to the undertaker within the decision period as determined under paragraph 1;
  • (c) on receipt of a request for further information pursuant to paragraph 2 the undertaker considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or
  • (d) on receipt of any further information requested, the discharging 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 appeal process shall be as follows—
  • (a) the undertaker shall submit to the Secretary of State a copy of the application submitted to the discharging authority and any supporting documentation which the undertaker may wish to provide (“the appeal documentation”);
  • (b) the undertaker shall on the same day provide copies of the appeal documentation to the discharging authority and the requirement consultee (if applicable);
  • (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State shall appoint a person to determine the appeal (“the appointed person”) and shall notify the appeal parties of the identity of the appointed person and the address to which all correspondence for that person’s attention should be sent;
  • (d) the discharging authority and the requirement consultee (if applicable) shall submit written representations to the appointed person in respect of the appeal within 10 business days of the date on which the appeal parties are notified of the appointment of a person under paragraph (c) and shall ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;
  • (e) the appeal parties shall make any counter-submissions to the appointed person within 10 business days of receipt of written representations pursuant to paragraph (d); and
  • (f) the appointed person shall make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.
  • (3) If the appointed person considers that further information is necessary to enable the appointed person to consider the appeal he shall as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.
  • (4) Any further information required pursuant to sub-paragraph (3) shall be provided by the party from whom the information is sought to the appointed person and to other appeal parties by the date specified by the appointed person. Any written representations concerning matters contained in the further information shall be submitted to the appointed person, and made available to all appeal parties within 10 business days of that date.
  • (5) On an appeal under this paragraph, the appointed person may—
  • (a) allow or dismiss the appeal; or
  • (b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to the appointed person 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 time limits prescribed, or set by the appointed person, under this paragraph.
  • (7) The appointed person may proceed to a decision even though no written representations have been made within those time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.
  • (8) The decision of the appointed person on an appeal shall be final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.
  • (9) If an approval is given by the appointed person pursuant to this Schedule, it shall be deemed to be an approval for the purpose of Schedule 2 as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) shall not 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 discharging authority, the reasonable costs of the appointed person shall be met by the undertaker.
  • (11) On application by the discharging 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 shall be made, the appointed person shall have regard to Communities and Local Government Circular 03/2009 or any circular or guidance which may from time to time replace it.

Interpretation of Schedule 14

5

In this paragraph—

  • “the appeal parties” means the discharging authority, the requirement consultee and the undertaker;
  • “business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971;
  • “major detailed requirements” means requirements: PW3, PW4, PW7, P10, MS16, MS17, MS18, MS19, MS20, MS21, MS22, MS25, MS26, MS28, MS30, CW1, CW2, OS3, BRIA5, BRIC5, CP6, C8, J23-5, J24-4, and WP4;
  • “minor detailed requirements” means requirements, other than major detailed requirements, which require any agreement or approval of a discharging authority or permit the discharging authority to agree or approve matters otherwise than provided for in the requirement; and
  • “requirement consultee” means any body named in a requirement which is the subject of an appeal as a body to be consulted by the discharging authority in discharging that requirement.

SCHEDULE 15 — For the protection of the Environment Agency

1
  • (1) The following provisions shall apply for the protection of the Agency unless otherwise agreed in writing between the undertaker and the Agency.
  • (2) Where any consent, approval or agreement is required to be given by the Agency in relation to any part of the authorised project, other than under the terms of this Order, the terms of this Schedule shall apply.
  • (3) In this Schedule—
  • “the Agency” means the Environment Agency;
  • “completion” in relation to any work means the date on which it is brought into use;
  • “consented work” means a work that is required to be consented under the terms of the Water Resources Act 1991, the Land Drainage Act 1991 or the Wessex Water Authority Land Drainage Byelaws irrespective of any status as a statutory undertaker under those provisions;
  • “damage” includes scouring and erosion and “damaged” shall be construed accordingly;
  • “drainage work” means any watercourse and includes any land which provides or is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment, outfall or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;
  • “erosion” means any erosion of the bed or shore of the sea or of the bed or banks of any river;
  • “outfall” means—any existing land drainage outfall for which the Agency is responsible;any sewer, pipe or drain provided for groundwater, surface water or storm overflow sewerage;
  • “watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows (whether or not the flow is intermittent) except a public sewer.

Surveys and maintenance of drainage works

2
  • (1) Before commencing the construction of a consented work liable to affect a drainage work, the undertaker shall procure at its expense, in liaison with and to the reasonable satisfaction of the Agency, a survey of any drainage work liable to be affected by that consented work.
  • (2) Subject to sub-paragraph (3), the undertaker shall, from the commencement of the construction of any consented work and except to the extent that any approval given by the Agency under this Schedule permits otherwise, maintain in good repair and condition and free from obstruction any drainage work which is already in existence which is situated within the limits of deviation and on land owned by the undertaker or which it otherwise has control of or is in occupation of for the purposes of or in connection with the consented work.
  • (3) The obligation imposed on the undertaker by sub-paragraph (2) does not apply where the Agency or another person other than the undertaker is liable to maintain the drainage work in question and is not precluded by the exercise of the powers of this Order from doing so.
  • (4) If any drainage work referred to in sub-paragraph (2) is not maintained in good repair and condition and free from obstruction the Agency may by notice in writing require the undertaker to repair and restore that drainage work, or any part of it, or (if the undertaker so elects and the Agency in writing consents), to remove the drainage work and restore the site (including sea defences) to its former condition, to such extent and within such limits as the Agency reasonably requires.
  • (5) If within a reasonable period, being not less than 28 days beginning with the date on which a notice under sub-paragraph (4) is served on the undertaker, it has failed to begin taking steps to comply with the reasonable requirements of the notice and subsequently complete them within such reasonable period as may be specified in the notice, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the undertaker.
  • (6) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (4), the Agency shall not, except in a case of emergency, exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined.

Impairment of efficiency of drainage work for flood defence purposes

3

If by reason of the construction of any consented work, or of the failure of any such work, the efficiency of any drainage work for flood defence purposes is impaired, or that drainage work is otherwise damaged, such impairment or damage shall be made good by the undertaker to the reasonable satisfaction of the Agency; and if the undertaker fails to do so within such reasonable period as the Agency may require by notice in writing to the undertaker, the Agency may make good such impairment or damage and recover from the undertaker the expense reasonably incurred by it in so doing.

Indemnity as to costs and expenses

4
  • (1) The undertaker shall indemnify the Agency in respect of all reasonable and proper costs, charges and expenses which the Agency may reasonably incur or have to pay or which it may sustain in the inspection, for the purpose of compliance with this Schedule, of the construction of any consented works or any protective works required by the Agency under this Schedule.
  • (2) The undertaker shall indemnify the Agency against all claims, demands, proceedings, costs, damages, expenses or losses, which may be made or taken against, or recovered from or incurred by the Agency by reason of—
  • (a) any damage to any drainage work so as to impair its efficiency for the purposes of flood defence;
  • (b) any raising or lowering of the water table in land adjoining the works or any sewers, drains and watercourses;
  • (c) any flooding or increased flooding of any land adjoining the works; or
  • (d) inadequate water quality in any watercourse or other surface waters or in any groundwater,

which is caused by the construction of any of the consented works or any act or omission of the undertaker, its contractors, agents or employees whilst engaged upon the consented works.

  • (3) The Agency shall give to the undertaker reasonable notice of any such claim, demand, or proceedings and no settlement or compromise of any such claim, demand, proceedings, costs, damages, expenses or losses shall be made without the consent of the undertaker which shall not be unreasonably withheld and if the undertaker shall not give such consent the Agency shall diligently defend such claim or demand.
5

The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not relieve the undertaker from any liability under paragraph 4.

Disputes and differences

6

Any dispute arising between the undertaker and the Agency under this Schedule shall, if the parties agree, be determined by arbitration, but shall otherwise be determined by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Energy and Climate Change acting jointly.

SCHEDULE 16 — Limits of harbour

The limits of the harbour referred to in article 58 are—

  • (a) the seaward limits, that is to say, the area bounded by an imaginary line commencing at a point at ST1945046126, then extending in a straight line to a point at ST1873246621, then extending in a straight line to a point at ST1964046879, then in a straight line to a point at ST1964046153, then following the line of mean high water to the point of commencement; and
  • (b) the landward limits, that is to say so much of the land lying within the limits of deviation of Work Nos. TJ1, TJ2 and TJ3 shown on sheet nos. 7, 8 and 9 as is above the level of mean high water.

Signed

Edward Davey — Secretary of State — Department of Energy and Climate Change — 18th March 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order grants development consent and authorises NNB Generation Company Limited to construct, operate and maintain a nuclear powered generating station Hinkley Point in Somerset, to be known as Hinkley Point C and comprising two European Pressurised Reactor units, as well associated development. The Order imposes requirements in connection with the development and associated development.

The Order permits NNB Generation Company limited to acquire, compulsorily, or by agreement, lands and rights in land and to use land for the purposes of the development and supporting development.

A copy of the book of reference, plans and other documents referred to in the Order, certified in accordance with article 43 of the Order (certification and construction of plans and documents) may be inspected free of charge at the offices of West Somerset District Council (West Somerset House, Killick Way, Williton, Taunton, TA4 4QA) or Sedgemoor District Council (Bridgwater House, King Square, Bridgwater, TA6 3AR).

Footnotes

[^f00001]: S.I. 2009/2264, to which there are amendments not relevant to this Order.

[^f00002]: 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

[^f00003]: S.I. 2010/103, amended by S.I. 2012/635.

[^f00004]: 1961 c. 33. Section 2(2) was amended by section 193 of, and paragraph 5 of Schedule 33 to, the Local Government, Planning and Land Act 1980 (c. 65). There are other amendments to the 1961 Act which are not relevant to this Order.

[^f00005]: 1965 c. 56. Section 3 was amended by section 70 of, and paragraph 3 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 34). Section 4 was amended by section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71). Section 5 was amended by sections 67 and 80 of, and Part 2 of Schedule 18 to, the Planning and Compensation Act 1991 (c. 34). Subsection (1) of section 11 and sections 3, 31 and 32 were amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67) and by section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No.1). Section 12 was amended by section 56(2) of, and Part 1 to Schedule 9 to, the Courts Act 1971 (c. 23). Section 13 was amended by section 139 of the Tribunals, Courts and Enforcement Act 2007 (c. 15). Section 20 was amended by section 70 of, and paragraph 14 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 34). Sections 9, 25 and 29 were amended by the Statute Law (Repeals) Act 1973 (c. 39). Section 31 was also amended by section 70 of, and paragraph 19 of Schedule15 to, the Planning and Compensation Act 1991 (c. 34) and by section 14 of, and paragraph 12(2) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No.1). There are other amendments to the 1965 Act which are not relevant to this Order.

[^f00006]: 1980 c. 66. Section 1(1) was amended by section 21(2) of the New Roads and Street Works Act 1991 (c. 22); sections 1(2), 1(3) and 1(4) were amended by section 8 of, and paragraph (1) of Schedule 4 to, the Local Government Act 1985 (c. 51); section 1(2A) was inserted, and section 1(3) was amended, by section 259 (1), (2) and (3) of the Greater London Authority Act 1999 (c. 29); sections 1(3A) and 1(5) were inserted by section 22(1) of, and paragraph 1 of Schedule 7 to, the Local Government (Wales) Act 1994 (c. 19). Section 36(2) was amended by section 4(1) of, and paragraphs 47(a) and (b) of Schedule 2 to, the Housing (Consequential Provisions) Act 1985 (c. 71), by S.I. 2006/1177, by section 4 of, and paragraph 45(3) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11), by section 64(1), (2) and (3) of the Transport and Works Act (c. 42) and by section 57 of, and paragraph 5 of Part 1 of Schedule 6 to, the Countryside and Rights of Way Act 2000 (c. 37); section 36(3A) was inserted by section 64(4) of the Transport and Works Act 1992 and was amended by S.I. 2006/1177; section 36(6) was amended by section 8 of, and paragraph 7 of Schedule 4 to, the Local Government Act 1985 (c. 51); and section 36(7) was inserted by section 22(1) of, and paragraph 4 of Schedule 7 to, the Local Government (Wales) Act 1994 (c. 19). Section 329 was amended by section 112(4) of, and Schedule 18 to, the Electricity Act 1989 (c. 29) and by section 190(3) of, and Part 1 of Schedule 27 to, the Water Act 1989 (c. 15). There are other amendments to the 1980 Act which are not relevant to this Order.

[^f00007]: 1990 c. 8. Section 56(4) was amended by section 32 of, and paragraph 10(2) of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34). Section 106 was substituted, and section 106A inserted, by section 12(1) of the Planning and Compensation Act 1991. Section 206(1) was amended by section 192(8) of, and paragraphs 7 and 11 of Schedule 8 to, the 2008 Act. Sections 272 to 274 and section 279 were amended by section 406(1) of, and paragraph 103 of Schedule 17 to, the Communications Act (c. 21), and section 280 was amended by section 406(1) of, and paragraph 104 of Schedule 17 to, that Act. Sections 272 to 274 were also amended by S.I. 2011/741 and S.I. 2012/2590. Section 282 was amended by S.I. 2009/1307. There are other amendments to the 1990 Act which are not relevant to this Order.

[^f00008]: 1991 c. 22. Section 48(3A) was inserted by section 124 of the Local Transport Act 2008 (c. 26). Part 3 of the 1991 Act was amended by Part 4 of the Traffic Management Act 2004 (c. 18). Section 74 was amended, and sections 74A and 74B inserted, by sections 255 and 256 of the Transport Act 2000 (c. 38). There are other amendments to the 1991 Act but they are not relevant to this Order.

[^f00009]: S.I. 1995/418; relevant amending instruments are S.I. 1999/293, S.I. 2003/2155 and S.I. 2011/1824.

[^f00010]: S.I. 2003/1998.

[^f00011]: 1981 c. 67. Section 7 was amended by section 70 of, and paragraph 9 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 34). There are other amendments to the 1981 Act which are not relevant to this Order.

[^f00012]: S.I. 2010/948, amended by S.I. 2011/987.

[^f00013]: 1990 c. 43. There are amendments to this Act which are not relevant to this Order.

[^f00014]: 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 this Order.

[^f00015]: 1991 c. 56. Section 106 was amended by 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.

[^f00016]: S.I. 2010/675, to which there are amendments not relevant to this Order.

[^f00017]: 1964 c. 40. Paragraph 9B was inserted into Schedule 2 by the Transport and Works Act 1992 (c. 42), section 63(1) and Schedule 3, paragraph 9(1) and (5). There are other amendments to the 1964 Act which are not relevant to this Order.

[^f00018]: 1991 c. 57, amended by sections 100(1) and 120(1) of, paragraph 128 of Schedule 22 to, and Schedule 24 to the Environment Act 1995 (c. 25).

[^f00019]: 1981 c. 66. Sections 2(3), 6(2) and 11(6) were amended by section 4 of, and paragraph 52 of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11). Sections 10 and 11 and Schedule 1 were amended by S.I. 2009/137. Section 15 was amended by sections 56 and 321(1) of, and Schedules 8 and 16 to, the Housing and Regeneration Act 2008 (c. 17). Paragraph 1 of Schedule 2 was amended by section 76 of, and Part 2 of Schedule 9 to, the Housing Act 1988 (c. 50); section 161(4) of, and Schedule 19 to, the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28); and sections 56 and 321(1) of, and Schedule 8 to, the Housing and Regeneration Act 2008. Paragraph 3 of Schedule 2 was amended by section 76 of, and Schedule 9 to, the Housing Act 1988 and section 56 of, and Schedule 8 to, the Housing and Regeneration Act 2008. Paragraph 2 of Schedule 3 was repealed by section 277 of, and Schedule 9 to, the Inheritance Tax Act 1984 (c. 51). There are other amendments to the 1981 Act which are not relevant to this Order.

[^f00020]: 2003 c. 21. There are amendments to this Act which are not relevant to this Order.

[^f00021]: 1982 c. 30. Section 33(1) was amended by section 32 of, and paragraph 6 of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34). There are other amendments to the 1982 Act which are not relevant to this Order.

[^f00022]: 1978 c. 30. There are amendments to this Act which are not relevant to this Order.

[^f00023]: 1991 c. 59. This Act has been amended by section 1of the Land Drainage Act 1994 (c. 25) (repealing sections 12 and 13 and inserting of section 67A); by section 120 of, and paragraphs 191 to 194 of Schedule 22 to, the Environment Act 1995 (c. 25); and by section 31 of, and Schedule 2 to, the Flood and Water Management Act 2010 (c. 29).

[^f00024]: 1845 c.1xxxix.

[^f00025]: 1847 c. 27. Sections 24, 94 and 95 were repealed by the Statute Law (Repeals) Act 1993 (c. 50); section 26 was repealed by section 56(4) of, and Schedule II to, the Courts Act 1971 (c. 23); section 28 was amended by section l4lof and Schedule 11 to, the Post Office Act 1969 (c. 48); sections 54, 67 and 98 were amended by section 46 of the Criminal Justice Act 1982 (c. 48); section 71 was amended by S.I 1987/37; section 91 was repealed by the Statute Law Revision Act 1894 (c. 56); section 93 was repealed by the Statute Law Revision Act 1875 (c. 66); and section 96 was repealed by the Perjury Act 1911 (c. 6), section 17. There are other amendments to the 1847 Act which are not relevant to this Order.

[^f00026]: S.I. 2012/1914.

[^f00027]: 1995 c. 21. Section 232(2) was amended by section 29(1) of, and paragraph 14 of Schedule 6 to, the Merchant Shipping and Maritime Security Act 1997 (c. 28); section 233 was amended by section 21, and section 240 by section 22, of the 1997 Act.

[^f00028]: 1971 c. 80. There are amendments to this Act which are not relevant to this Order.

[^f00029]: 1973 c. 26.

[^f00030]: S.I. 2013/648.

Editorial notes

[^key-1231874596e7bfdfbb213926e2273420]: Art. 1 in force at 9.4.2013, see art. 1

[^key-91b01bdef6d04542e291bef123c0ee9e]: Art. 2 in force at 9.4.2013, see art. 1

[^key-8be99e96301b7215f28a379616ad2c40]: Art. 3 in force at 9.4.2013, see art. 1

[^key-ccfee4168644a073d2457f4c7df87c63]: Art. 4 in force at 9.4.2013, see art. 1

[^key-51bac87d8e888d89b813d8a917c3cae3]: Art. 5 in force at 9.4.2013, see art. 1

[^key-87fc7d1930f2f54096374b2dd42b4774]: Art. 6 in force at 9.4.2013, see art. 1

[^key-245b7fecd06c17f3b5848e0711ec3b74]: Art. 7 in force at 9.4.2013, see art. 1

[^key-b704e5ce338af53975fbe8d217044c52]: Art. 8 in force at 9.4.2013, see art. 1

[^key-5db7a982ef52a938f179b050d70c6567]: Art. 9 in force at 9.4.2013, see art. 1

[^key-b588ee562fdaa2cca46debe5aac42076]: Art. 10 in force at 9.4.2013, see art. 1

[^key-b2b15db0b82bb2036e253847e7751b6c]: Art. 11 in force at 9.4.2013, see art. 1

[^key-eaa1c9ab962c841fdad28353b08f82e7]: Art. 12 in force at 9.4.2013, see art. 1

[^key-b5a19b0766df3b09559a5b7a1ca71fc6]: Art. 13 in force at 9.4.2013, see art. 1

[^key-090ed57d52dbcf8f8ebc6f1e84a4537c]: Art. 14 in force at 9.4.2013, see art. 1

[^key-4da4e26059c69ac3a9f7635488b69edf]: Art. 15 in force at 9.4.2013, see art. 1

[^key-5b85b5488c95055f42f259921bc270e6]: Art. 16 in force at 9.4.2013, see art. 1

[^key-f12dd814ed8316dfd86299b66e8d2bd0]: Art. 17 in force at 9.4.2013, see art. 1

[^key-bd9e1292a76be5f3780d1dc7e2cee404]: Art. 18 in force at 9.4.2013, see art. 1

[^key-c6f9a234bf063f09427f4936ca570a67]: Art. 19 in force at 9.4.2013, see art. 1

[^key-665339085d0f29aafaa54052e3cb8489]: Art. 20 in force at 9.4.2013, see art. 1

[^key-ade94ccc320def37a56e64ca4190cbc2]: Art. 21 in force at 9.4.2013, see art. 1

[^key-0cfc5374ae5e04926fa38632f6b5ac52]: Art. 22 in force at 9.4.2013, see art. 1

[^key-0fb7bcbcebbed177ffa1f102f3b585cf]: Art. 23 in force at 9.4.2013, see art. 1

[^key-eb0e098b61f5daa36f655627f2b3b052]: Art. 24 in force at 9.4.2013, see art. 1

[^key-bf7eac75ed7327591ba49718a3e0f8e3]: Art. 25 in force at 9.4.2013, see art. 1

[^key-8ef53eb862048038017eac5213376ff5]: Art. 26 in force at 9.4.2013, see art. 1

[^key-ebc2648496216956019bbb7c0fe7931f]: Art. 27 in force at 9.4.2013, see art. 1

[^key-bd841d1b13164211f12c272866e7f7a4]: Art. 28 in force at 9.4.2013, see art. 1

[^key-959e8a3e59759e9b17798a6936ea1168]: Art. 29 in force at 9.4.2013, see art. 1

[^key-55a0814f102a5be18637333001c3feca]: Art. 30 in force at 9.4.2013, see art. 1

[^key-9150ba28fb9cda6236f21ad3c05d1b2c]: Art. 31 in force at 9.4.2013, see art. 1

[^key-a8c7dea1cc83fc4200dc15b144174f0d]: Art. 32 in force at 9.4.2013, see art. 1

[^key-98c168487882db40d20b1589f66b2021]: Art. 33 in force at 9.4.2013, see art. 1

[^key-5dfaab055cb6ab0725fb1a03338d9e61]: Art. 34 in force at 9.4.2013, see art. 1

[^key-cea00bb8445ecb2911409f3d096493a4]: Art. 35 in force at 9.4.2013, see art. 1

[^key-4d43b1363eac4caeebe0203d63ed6846]: Art. 36 in force at 9.4.2013, see art. 1

[^key-eff41b75922f3309744a25e12bf89ef9]: Art. 37 in force at 9.4.2013, see art. 1

[^key-2e929339c1638c11cb8c4e9fa06c93ef]: Art. 38 in force at 9.4.2013, see art. 1

[^key-83d904194dd29a7dc5ff4ecda896a895]: Art. 39 in force at 9.4.2013, see art. 1

[^key-1dac4b472fc38a22f97f92c1901de380]: Art. 40 in force at 9.4.2013, see art. 1

[^key-cfe6dd72f155eb9d87da4b5ef8ea3c34]: Art. 41 in force at 9.4.2013, see art. 1

[^key-b1f3f8ef1595a1909e0a7a746b18a4c3]: Art. 42 in force at 9.4.2013, see art. 1

[^key-178e5032b5b8fa402de2c52ddc698634]: Art. 43 in force at 9.4.2013, see art. 1

[^key-3c2713d439797382b7954950ac2545c4]: Art. 44 in force at 9.4.2013, see art. 1

[^key-eea456f3f3a29205e5fdccfccf0ca1a7]: Art. 45 in force at 9.4.2013, see art. 1

[^key-169ffe35075e41da62247506cf430554]: Art. 46 in force at 9.4.2013, see art. 1

[^key-8967ba384a01511d3ddf7eb74c7a6d89]: Art. 47 in force at 9.4.2013, see art. 1

[^key-2857731f6028ccee48597554945a67e5]: Art. 48 in force at 9.4.2013, see art. 1

[^key-f3f3a8e82637c2250c062231888adf39]: Art. 49 in force at 9.4.2013, see art. 1

[^key-d4bef7b74d6005b78ed360897214ba45]: Art. 50 in force at 9.4.2013, see art. 1

[^key-f9de07f9017f87ef1fbaec54f21089b2]: Art. 51 in force at 9.4.2013, see art. 1

[^key-1f016bb9d840965ed7a1b7d684b74e29]: Art. 52 in force at 9.4.2013, see art. 1

[^key-67a0cf4c9ad93146bd75818c98f2d99b]: Art. 53 in force at 9.4.2013, see art. 1

[^key-bc69916b8c2a3a6788c7a879c43ae242]: Art. 54 in force at 9.4.2013, see art. 1

[^key-c0cb4cce3fc47034af9db4ce2081a984]: Art. 55 in force at 9.4.2013, see art. 1

[^key-67bb78fe785fbc98cd8d7b73ea8132b7]: Art. 56 in force at 9.4.2013, see art. 1

[^key-5bb3ca130b6d21f5e1b1fa4bd10531b1]: Art. 57 in force at 9.4.2013, see art. 1

[^key-f98b73d5468bdd3de469396ac68cbfd0]: Art. 58 in force at 9.4.2013, see art. 1

[^key-7a0858bbd4f1047ecb4537025dd5f575]: Art. 59 in force at 9.4.2013, see art. 1

[^key-09f2d3e640a458b1c6de323435aab6ee]: Art. 60 in force at 9.4.2013, see art. 1

[^key-9bf81a62d22bac7d606cc3d52c5fbc86]: Art. 61 in force at 9.4.2013, see art. 1

[^key-94b162a3f7ee36b4297f6179fcaa9d60]: Art. 62 in force at 9.4.2013, see art. 1

[^key-801f8e87763d4728acc2eb6d7b430c83]: Art. 63 in force at 9.4.2013, see art. 1

[^key-d9840299e1d11c0a214261608c25acf1]: Art. 64 in force at 9.4.2013, see art. 1

[^key-8bcfcce6a231dd1351070e7f9bb6683f]: Art. 65 in force at 9.4.2013, see art. 1

[^key-58dd159ab864922052768b9523f0529f]: Art. 66 in force at 9.4.2013, see art. 1

[^key-f8b2b56f820777a4fde080ab3958608f]: Art. 67 in force at 9.4.2013, see art. 1

[^key-d233b928dfeb838c34e265c08e78540e]: Art. 68 in force at 9.4.2013, see art. 1

[^key-5c5dd52b9f5270cb328d553f40f6d501]: Art. 69 in force at 9.4.2013, see art. 1

[^key-29cbc7fea9f7cf2e9816b3372bf5a04f]: Art. 70 in force at 9.4.2013, see art. 1

[^key-0dffc26c784f7fab646e80e04542085d]: Art. 71 in force at 9.4.2013, see art. 1

[^key-d303e6db658b8d76e0d218c85b561aff]: Art. 72 in force at 9.4.2013, see art. 1

[^key-da6fe29bd135d31e3df17a5ed4e0b96f]: Art. 73 in force at 9.4.2013, see art. 1

[^key-118f4da96a9105d7117ebbc71e7467f2]: Art. 74 in force at 9.4.2013, see art. 1

[^key-a90a91853edace5eef731ce06b5209c4]: Art. 75 in force at 9.4.2013, see art. 1

[^key-eb6e2297f3b5e4c70468f360f52d92c8]: Art. 76 in force at 9.4.2013, see art. 1

[^key-7a2ef9c07e81cfae5641158559705fa7]: Art. 77 in force at 9.4.2013, see art. 1

[^key-d88a6794995bc157b94899c96811d441]: Art. 78 in force at 9.4.2013, see art. 1

[^key-c6f9a0bfa08edd7d6b9991f549bbd164]: Art. 79 in force at 9.4.2013, see art. 1

[^key-8c3c81c2afa2e852fa9049d48f3034ce]: Art. 80 in force at 9.4.2013, see art. 1

[^key-4bce2a7f4d122c5023d8346b466cf1e9]: Art. 81 in force at 9.4.2013, see art. 1

[^key-be6870c21136259caadaab19372e101b]: Art. 82 in force at 9.4.2013, see art. 1

[^key-54dfe8c137b723c78ac37e64a7477076]: Art. 83 in force at 9.4.2013, see art. 1

[^key-6e689b52546da19f7d9128c6a484b7c9]: Sch. 2 para. 1 in force at 9.4.2013, see art. 1

[^key-b56cd18fac1fff2351bf04396e142590]: Sch. 2 para. 2 in force at 9.4.2013, see art. 1

[^key-a01675799b391b9d62324a6ca7efeea7]: Sch. 2 para. 3 in force at 9.4.2013, see art. 1

[^key-ffc4ce32fc67521a135bf270e9d87b49]: Sch. 2 para. 4 in force at 9.4.2013, see art. 1

[^key-be73dedac9c583c0e0801b3f7f60caed]: Sch. 2 para. 5 in force at 9.4.2013, see art. 1

[^key-7baa7612467fa8e40fae7b786b50af7d]: Sch. 2 para. 6 in force at 9.4.2013, see art. 1

[^key-fb2c063b8344122a7d0d87d839d3ffd8]: Sch. 2 para. 7 in force at 9.4.2013, see art. 1

[^key-3a97ecf80995d43834ea9e1321f3f562]: Sch. 2 para. 8 in force at 9.4.2013, see art. 1

[^key-5472b44f4634f78840b76c8757f08db4]: Sch. 2 para. 9 in force at 9.4.2013, see art. 1

[^key-347709e14b7cfdb908f4aea29bdd7c9a]: Sch. 2 para. 10 in force at 9.4.2013, see art. 1

[^key-f5eb24e747ab797bbce1edfe67ec0ea0]: Sch. 2 para. 11 in force at 9.4.2013, see art. 1

[^key-10f778c90e7449624182e8dd86a97663]: Sch. 2 para. 12 in force at 9.4.2013, see art. 1

[^key-0f7802b489438827c378de5f4b9994ac]: Sch. 2 para. 13 in force at 9.4.2013, see art. 1

[^key-ca6f04b598a53ff6bd8597ac2af6806c]: Sch. 2 para. 14 in force at 9.4.2013, see art. 1

[^key-fd9057150af2b480b3ab6c8059008f45]: Sch. 2 para. 15 in force at 9.4.2013, see art. 1

[^key-593edc8ca72f1a3bcc69fd4a06642517]: Sch. 11 para. 1 in force at 9.4.2013, see art. 1

[^key-dbd39cf8d8f4903aaf389b9d848c3be9]: Sch. 11 para. 2 in force at 9.4.2013, see art. 1

[^key-1662ee03ec7e8aec01ad9b0e8b538fec]: Sch. 11 para. 3 in force at 9.4.2013, see art. 1

[^key-926f44eea5dd787b09f1e49f19c65500]: Sch. 11 para. 4 in force at 9.4.2013, see art. 1

[^key-99d8c50b2f3182de70d000ad30b33e9f]: Sch. 11 para. 5 in force at 9.4.2013, see art. 1

[^key-341bcc115ca3a8459fd97d9d0e86b236]: Sch. 11 para. 6 in force at 9.4.2013, see art. 1

[^key-555cc0a09d505d6292ac1a8737eb24a5]: Sch. 11 para. 7 in force at 9.4.2013, see art. 1

[^key-9ea6eaec640c5df30e04d91fa61a7bbe]: Sch. 11 para. 8 in force at 9.4.2013, see art. 1

[^key-2f6b712d44c355ca08b869fa14fae065]: Sch. 11 para. 9 in force at 9.4.2013, see art. 1

[^key-b470e11b664a9bdbadbec604ad04e048]: Sch. 14 para. 1 in force at 9.4.2013, see art. 1

[^key-f3c97605d80799693c511a51233b4d54]: Sch. 14 para. 2 in force at 9.4.2013, see art. 1

[^key-c61a644591db4bce996e5343d8c73ff8]: Sch. 14 para. 3 in force at 9.4.2013, see art. 1

[^key-ad8773623dbd3fee63237f030257fe18]: Sch. 14 para. 4 in force at 9.4.2013, see art. 1

[^key-70427410a8c53bcdaa49b76524c17801]: Sch. 14 para. 5 in force at 9.4.2013, see art. 1

[^key-b6cd4aed93e3e4ade5b29bb2dcf97dc0]: Sch. 15 para. 1 in force at 9.4.2013, see art. 1

[^key-e78990135818a046fb1e04587b567452]: Sch. 15 para. 2 in force at 9.4.2013, see art. 1

[^key-2cb82cdaebc3fd77735f07ab4c06b7e2]: Sch. 15 para. 3 in force at 9.4.2013, see art. 1

[^key-90262f0f77b7d970858b5f5127f6ffe0]: Sch. 15 para. 4 in force at 9.4.2013, see art. 1

[^key-3be35b1f1bdb43dcf3be44fba2f47a88]: Sch. 15 para. 5 in force at 9.4.2013, see art. 1

[^key-8e95ab84d730e089327e1eb0590e1a90]: Sch. 15 para. 6 in force at 9.4.2013, see art. 1

[^key-8a6e3c865fb5367a7a7c64c97805228f]: Sch. 3 in force at 9.4.2013, see art. 1

[^key-8e758ff664b65bd3ad1dec1614e3769e]: Sch. 4 in force at 9.4.2013, see art. 1

[^key-306e8fe34fc4768babcb2d46ce414fd0]: Sch. 5 Pt. 1 in force at 9.4.2013, see art. 1

[^key-7ac206da2df2202de24b8f89576f4ff9]: Sch. 5 Pt. 2 in force at 9.4.2013, see art. 1

[^key-746af3624ace638a962acb9cc92c3f55]: Sch. 6 Pt. 1 in force at 9.4.2013, see art. 1

[^key-0faa2b0bb1ec9fd26db2562267a9c6bb]: Sch. 6 Pt. 2 in force at 9.4.2013, see art. 1

[^key-43292a0357c8f28d7ee1f7a07288f61c]: Sch. 7 in force at 9.4.2013, see art. 1

[^key-cedac7cec52dbc52145b6f9a36f18656]: Sch. 8 in force at 9.4.2013, see art. 1

[^key-788c4ef47e8dd3112ba7200d00091c7d]: Sch. 9 in force at 9.4.2013, see art. 1

[^key-1244b848b06ed085bb0dbc343391c2e1]: Sch. 10 in force at 9.4.2013, see art. 1

[^key-d8babe9484d38a5b5b8e7e3cfba88efe]: Sch. 12 in force at 9.4.2013, see art. 1

[^key-212701b6d19c0ae296a66974c6a8ffa0]: Sch. 13 in force at 9.4.2013, see art. 1

[^key-7ad294d81aaa7db7fb59d4c9ffbc4b9e]: Sch. 16 in force at 9.4.2013, see art. 1

[^M_I_a929de7e-4b1b-4f8d-9194-cf3585a93a6a]: Sch. 1 Pt. 1 in force at 9.4.2013, see art. 1

[^M_I_796ece86-2a96-4f56-c2b5-7f1529173e28]: Sch. 1 Pt. 2 in force at 9.4.2013, see art. 1

[^M_I_3cd6217d-7125-43ef-9f8c-5f10a05e4415]: Sch. 1 Pt. 3 in force at 9.4.2013, see art. 1

[^key-81b04329605ade44aeba873c1581c869]: Words in Sch. 1 Pt. 1 substituted (20.11.2013) by The Hinkley Point C (Nuclear Generating Station) (Correction) Order 2013 (S.I. 2013/2938), art. 1, Sch. Table 2

[^key-c4f9555bdc2dd03b4d887805e7388849]: Words in Sch. 1 Pt. 3 inserted (20.11.2013) by The Hinkley Point C (Nuclear Generating Station) (Correction) Order 2013 (S.I. 2013/2938), art. 1, Sch. Table 2

[^key-eed3f6ef8511bfb8af16c5b143cda52b]: Words in Sch. 1 Pt. 3 substituted (20.11.2013) by The Hinkley Point C (Nuclear Generating Station) (Correction) Order 2013 (S.I. 2013/2938), art. 1, Sch. Table 2

[^key-257f34952756f1170aa776a3e6561d09]: Words in Sch. 1 Pt. 3 deleted (20.11.2013) by The Hinkley Point C (Nuclear Generating Station) (Correction) Order 2013 (S.I. 2013/2938), art. 1, Sch. Table 2

[^key-f7c904321083aa5505874eb9e694a608]: Word in art. 2(1) substituted (20.11.2013) by The Hinkley Point C (Nuclear Generating Station) (Correction) Order 2013 (S.I. 2013/2938), art. 1, Sch. Table 1

[^key-fae123fbc1c0bbc8af4c2ede098941d6]: Words in art. 8(3) substituted (20.11.2013) by The Hinkley Point C (Nuclear Generating Station) (Correction) Order 2013 (S.I. 2013/2938), art. 1, Sch. Table 1

[^key-f3f678895e73b02ede14c15d434fdb9f]: Words in art. 12(2) substituted (20.11.2013) by The Hinkley Point C (Nuclear Generating Station) (Correction) Order 2013 (S.I. 2013/2938), art. 1, Sch. Table 1

[^key-41178098c83bae292a1e79787ebd9f52]: Words in art. 16 substituted (20.11.2013) by The Hinkley Point C (Nuclear Generating Station) (Correction) Order 2013 (S.I. 2013/2938), art. 1, Sch. Table 1

[^key-052f7b7dfc27866866070c327515d7b3]: Art. 25(4) substituted (20.11.2013) by The Hinkley Point C (Nuclear Generating Station) (Correction) Order 2013 (S.I. 2013/2938), art. 1, Sch. Table 1

[^key-4a5b605526b51333e3e1207a68ea1261]: Words in art. 27(1) substituted (20.11.2013) by The Hinkley Point C (Nuclear Generating Station) (Correction) Order 2013 (S.I. 2013/2938), art. 1, Sch. Table 1

[^key-ca64fea36250c939b3666ad1d83e936f]: Words in art. 38(2) substituted (20.11.2013) by The Hinkley Point C (Nuclear Generating Station) (Correction) Order 2013 (S.I. 2013/2938), art. 1, Sch. Table 1

[^key-bb6790ef2a480c30ac150500f4526a73]: Words in art. 44(6) substituted (20.11.2013) by The Hinkley Point C (Nuclear Generating Station) (Correction) Order 2013 (S.I. 2013/2938), art. 1, Sch. Table 1

[^key-75b8a735cc2505fda067fabdd892e4d3]: Words in art. 49 substituted (20.11.2013) by The Hinkley Point C (Nuclear Generating Station) (Correction) Order 2013 (S.I. 2013/2938), art. 1, Sch. Table 1

[^key-66e3addc26ec5ae3c52ca00c8ce0e257]: Words in art. 52(6)(b) substituted (20.11.2013) by The Hinkley Point C (Nuclear Generating Station) (Correction) Order 2013 (S.I. 2013/2938), art. 1, Sch. Table 1

[^key-e8c24f9d0cb99371650092f6d7f71d84]: Words in Sch. 2 para. 1(1) substituted (20.11.2013) by The Hinkley Point C (Nuclear Generating Station) (Correction) Order 2013 (S.I. 2013/2938), art. 1, Sch. Table 3

[^key-3069e70f6862a274f946b5e08017ac4b]: Words in Sch. 2 para. 2 substituted (20.11.2013) by The Hinkley Point C (Nuclear Generating Station) (Correction) Order 2013 (S.I. 2013/2938), art. 1, Sch. Table 3

[^key-e73eed7a20a312be5490fcfd55d8b668]: Word in Sch. 2 para. 3 substituted (20.11.2013) by The Hinkley Point C (Nuclear Generating Station) (Correction) Order 2013 (S.I. 2013/2938), art. 1, Sch. Table 3

[^key-9c762980d46892e09509bc5d3c5e74bb]: Words in Sch. 2 para. 4 substituted (20.11.2013) by The Hinkley Point C (Nuclear Generating Station) (Correction) Order 2013 (S.I. 2013/2938), art. 1, Sch. Table 3

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