The Progress Power (Gas Fired Power Station) Order 2015

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

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

22

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 40 (arbitration).

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

23

• (1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 21(2), the undertaker must submit to the utility undertaker in question a plan, section and description of the works to be executed.

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

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

• (4) If a utility undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 16 to 22 apply as if the removal of the apparatus had been required by the undertaker under paragraph 21(2).

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

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

24

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker the reasonable expenses incurred by that utility undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 21(2).

• (2) There is to be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal.

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

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

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

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 40 (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 the utility undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

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

• (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus where such extension is required in consequence of the execution of any such works as are referred to in paragraph 21(2); and

• (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

• (5) An amount which apart from this sub-paragraph would be payable to a utility undertaker in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

25

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the works referred to in paragraph 21(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—

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

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

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

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

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

26

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

PART 3 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

27

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

• (2) In this Part of this Schedule—

• “the 2003 Act” means the Communications Act 2003([^f00031]);

• ...

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

• “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act[^f00033];

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

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

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

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

28

The exercise of the powers of article 29 (statutory undertakers) is subject to Part 10 of Schedule 3A to the Communications Act 2003 (undertaker’s works affecting electronic communications apparatus).

29

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

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

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

the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

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

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

• (4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 40 (arbitration).

30

This Part of this Schedule does not apply to—

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

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

31

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

PART 4 — FOR THE PROTECTION OF EASTERN POWER NETWORKS

32

For the protection of Eastern Power Networks as referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and Eastern Power Networks.

33

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable Eastern Power Networks to fulfil its statutory functions in a manner not less efficient than previously;

• “apparatus” means electric lines or electrical plant (as defined in the Electricity Act 1989[^f00035]), belonging to or maintained by Eastern Power Networks;

• “Eastern Power Networks” means Eastern Power Networks plc (Company No. 2366906) whose registered office is at Newington House, 237 Southwark Bridge Road, London, SE1 6NP;

• “functions” includes powers and duties; and

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

34

This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and Eastern Power Networks are regulated by the provisions of Part 3 of the 1991 Act.

35

Regardless of the temporary prohibition or restriction of use of streets under the powers conferred by article 12 (temporary prohibition or restriction of use of streets), Eastern Power Networks is at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the prohibition or restriction was in that street.

36

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

37

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that Eastern Power Networks’ apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of Eastern Power Networks to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of Eastern Power Networks in accordance with sub-paragraphs (2) to (7).

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to Eastern Power Networks 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 Eastern Power Networks reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to Eastern Power Networks the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, Eastern Power Networks must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed provided that this obligation shall not require Eastern Power Networks to exercise any power it may have to acquire any land or rights by compulsory purchase order.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between Eastern Power Networks and the undertaker or in default of agreement settled by arbitration in accordance with article 40 (arbitration).

• (5) Eastern Power Networks must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 40 (arbitration), and after the grant to Eastern Power Networks of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

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

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

38

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to Eastern Power Networks facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and Eastern Power Networks or in default of agreement settled by arbitration in accordance with article 40 (arbitration).

• (2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to Eastern Power Networks than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to Eastern Power Networks as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

39

• (1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 37(2), the undertaker must submit to Eastern Power Networks a plan, section and description of the works to be executed.

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

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

• (4) If Eastern Power Networks in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 32 to 38 apply as if the removal of the apparatus had been required by the undertaker under paragraph 37(2).

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

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

40

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to Eastern Power Networks the reasonable expenses incurred by Eastern Power Networks in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 37(2).

• (2) There is to be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal.

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

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

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

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 40 (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 Eastern Power Networks by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

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

• (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus where such extension is required in consequence of the execution of any such works as are referred to in paragraph 37(2); and

• (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

• (5) An amount which apart from this sub-paragraph would be payable to Eastern Power Networks in respect of works by virtue of sub-paragraph (1), 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 Eastern Power Networks any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

41

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the works referred to in paragraph 37(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of Eastern Power Networks, or there is any interruption in any service provided, or in the supply of any goods, by Eastern Power Networks, the undertaker must—

• (a) bear and pay the cost reasonably incurred by Eastern Power Networks in making good such damage or restoring the supply; and

• (b) indemnify Eastern Power Networks for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from Eastern Power Networks,

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

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

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

42

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

SCHEDULE 10 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under Requirements

1

• (1) Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a Requirement (including agreement or approval in respect of part of a Requirement) included in this Order the relevant planning authority must give notice to the undertaker of their decision on the application within a period of eight (8) weeks beginning with—

• (a) the day immediately following that on which the application is received by the authority;

• (b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 2; or

• (c) such longer period as may be agreed by the undertaker and the relevant planning authority in writing.

• (2) Subject to sub-paragraph (3), in the event that the relevant planning authority does not determine an application within the period set out in sub-paragraph (1), the relevant planning authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period.

• (3) Where—

• (a) an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement included in this Order; and

• (b) the relevant planning authority does not determine such application within the period set out in sub-paragraph (1); and

• (c) such application is accompanied by a report that considers it likely that the subject matter of such application will give rise to any materially new or materially different environmental effects in comparison with the authorised development as approved, then the application is to be taken to have been refused by the relevant planning authority at the end of that period.

Further information

2

• (1) In relation to any part of the application to which this Schedule applies, the relevant planning authority has the right to request such further information from the undertaker as is necessary to enable it to consider the application.

• (2) In the event that it considers such further information to be necessary it must, within twenty one (21) business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates. In the event that the relevant planning authority does not give such notification within this twenty one (21) day period it is deemed to have sufficient information to consider the application and thereafter is not entitled to request further information without the prior agreement of the undertaker.

• (3) Where further information is requested under this paragraph in relation to part only of an application, that part is to be treated as separate from the remainder of the application for the purposes of calculating time periods in paragraph 1(1)(b), paragraph 1(3) and this paragraph.

Appeals

3

• (1) The undertaker may appeal in the event that—

• (a) the relevant planning authority refuses (including a deemed refusal pursuant to paragraph 1(3)) an application for any consent, agreement or approval required by a requirement included in this Order or grants it subject to conditions;

• (b) 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 relevant planning authority is not necessary for consideration of the application; or

• (c) on receipt of any further information requested, the relevant planning authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.

• (2) The appeal process is to be as follows—

• (a) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the relevant planning authority and any requirement consultee;

• (b) the Secretary of State must appoint a person within twenty (20) business days of receiving the appeal documentation and must forthwith notify the appeal parties of the identity of the appointed person and the address to which all correspondence for his attention should be sent;

• (c) the relevant planning authority and any requirement consultee must submit written representations to the appointed person in respect of the appeal within twenty (20) business days of the start date and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

• (d) the appeal parties must make any counter-submissions to the appointed person within twenty (20) business days of receipt of written representations pursuant to paragraph (c) above; and

• (e) the appointed person must make his decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable and in any event within thirty (30) business days of the deadline for the receipt of counter-submissions pursuant to paragraph (d).

The appointment of the person pursuant to paragraph (b) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

• (3) In the event that the appointed person considers that further information is necessary to enable him to consider the appeal he must, within five (5) business days of his appointment, notify the appeal parties in writing specifying the further information required.

• (4) Any further information required pursuant to sub-paragraph (3) must be provided by the undertaker to the appointed person, the relevant planning authority and any requirement consultee on the date specified by the appointed person (the “specified date”), and the appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within ten (10) business days of the specified date but must otherwise be in accordance with the process and time limits set out in sub-paragraph (2)(c) to (e).

• (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 relevant planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to him in the first instance.

• (6) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the relevant time limits.

• (7) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to him that there is sufficient material to enable a decision to be made on the merits of the case.

• (8) The decision of the appointed person on an appeal is to be final and binding on the parties, 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 is deemed to be an approval for the purpose of Schedule 1 to this Order as if it had been given by the relevant planning authority. The relevant planning authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.

• (10) The appointed person may or may not be a member of the Planning Inspectorate but must be a qualified town planner of at least ten (10) years’ experience.

• (11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the appointed person to be paid by the relevant planning authority, the reasonable costs of the appointed person must be met by the undertaker.

• (12) On application by the relevant planning authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to Planning Practice Guidance: Appeals (March 2014) or any circular or guidance which may from time to time replace it.

SCHEDULE 11 — REMOVAL OF IMPORTANT HEDGEROWS

(1)	(2)
Area	Number of hedgerow shown on important hedgerow plan
Mid Suffolk District Council	Hedgerow 1, as shown between A and B on Sheet 1
Mid Suffolk District Council	Hedgerow 2, as shown between C and D on Sheet 1
Mid Suffolk District Council	Hedgerow 3, as shown between E and F on Sheet 1
Mid Suffolk District Council	Hedgerow 4, as shown between G and H on Sheet 1
Mid Suffolk District Council	Hedgerow 5, as shown between I and J on Sheet 1
Mid Suffolk District Council	Hedgerow 6, as shown between K and L on Sheet 1
Mid Suffolk District Council	Hedgerow 7, as shown between M and N on Sheet 1
Mid Suffolk District Council	Hedgerow 8, as shown between O and P on Sheet 1
Mid Suffolk District Council	Hedgerow 9, as shown between Q and R on Sheet 1
Mid Suffolk District Council	Hedgerow 10, as shown between S and T on Sheet 1
Mid Suffolk District Council	Hedgerow 11, as shown between U and V on Sheet 1

Signed

Signed by authority of the Secretary of State for Energy and Climate Change

Giles Scott — Head of National Infrastructure Consents and Coal Liabilities — Department of Energy and Climate Change — 23rd July 2015

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Progress Power Limited (referred to in this Order as the undertaker) to construct, operate and maintain a gas fired electricity generating station. The Order would permit the undertaker to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose. The Order also makes provision in connection with the maintenance of the new section of highway.

A copy of the Order plans and the book of reference mentioned in this Order and certified in accordance with article 37 of this Order (certification of plans, etc.) may be inspected free of charge during working hours at the offices of Mid Suffolk County Council, 131 High Street, Needham Market, Suffolk, IP6 8DL.

Footnotes

[^f00001]: S.I. 2009/2264 as amended by the Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635) and the Infrastructure Planning (Prescribed Consultees and Interested Parties etc) (Amendment) Regulations 2013 (S.I. 2013/522). There are other amendments to the Regulations which are not relevant to this Order.

[^f00002]: 2008 c.29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of, and Schedule 13 to, the Localism Act 2011 (c.20), and by sections 22 to 27 of the Growth and Infrastructure Act 2013 (c.27), see S.I. 2013/1124 for transitional provisions.

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

[^f00004]: 1961 c.33. There are 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. Section 11(1) 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. 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 Schedule 15 to, the Planning and Compensation Act 1991 and by section 14 of, and paragraph 12(2) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006. 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 paragraph 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 1992 (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 65(5) 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; and section 36(7) was inserted by section 22(1) of, and paragraph 4 of Schedule 7 to, the Local Government (Wales) Act 1994. 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 206(1) was amended by section 192(8) of, and paragraphs 7 and 11 of Schedule 8 to, the Planning Act 2008 (c.29) (date in force in relation to England: 6th April 2012: S.I. 2012/601). 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). Sections 78(4), 80(4), and 83(4) were amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004 (c.18).

[^f00010]: 2006 c.16. Section 1 was amended by section 311(2) and (3) of the Marine and Coastal Access Act 2009 (c.23).

[^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]: 1989 c.29. Section 6 was amended by section 30 of the Utilities Act 2000 (c.27), and section 6(10) amended by section 89(3) of the Energy Act 2004 (c.20). There are other amendments to the section that are not relevant to this Order.

[^f00013]: 1986 c.44. Section 7 was amended by section 5 of the Gas Act 1995 (c.45) and section 76(2) of the Utilities Act 2000 (c.27). There are other amendments to the section that are not relevant to this Order.

[^f00014]: S.I. 1997/1160. There are amendments to the Regulations 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), and amended by section 32 of, and paragraph 16(2) of Schedule 3 to, the Flood and Water Management Act 2010 (date in force to be appointed, see section 49(3)(h)(i)). There are other amendments to this section which are not relevant to this Order.

[^f00017]: 1964 c.40.

[^f00018]: The functions of the Lands Tribunal under the 1961 Act are transferred to the Upper Tribunal under the Tribunals, Courts and Enforcement Act 2007 (c.15).

[^f00019]: 1857 c.81. There are amendments to this Act which are not relevant to this Order.

[^f00020]: 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). 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 amendments to the 1981 Act which are not relevant to this Order.

[^f00021]: 2003 c.21.

[^f00022]: 1990 c.43. Section 82(1) was amended by paragraph 6 of Schedule 17 to the Environment Act 1995 (c.25). There are amendments to this Act which are not relevant to this Order.

[^f00023]: 1974 c.40. Sections 61(9) and 65(8) were amended by section 162 of, and paragraph 15(4) of Schedule 15 to, the Environmental Protection Act 1990, c.43. There are other amendments to the 1974 Act which are not relevant to this Order.

[^f00024]: 1978 c.30.

[^f00026]: 1973 c.26.

[^f00027]: 1989 c.29.

[^f00028]: 1989 c.29.

[^f00029]: 1991 c.56. Section 51A to the 1991 Act was inserted by section 92(1) of the Water Act 2003 (c.37).

[^f00030]: 1986 c.44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c.45), and was further amended by section 76 of the Utilities Act 2000 (c.27).

[^f00031]: 2003 c.21.

[^f00033]: See section 106.

[^f00035]: 1989 c.29.

Editorial notes

[^key-226841d2164657d2b5aa3c636f303e65]: Art. 1 in force at 14.8.2015, see art. 1

[^key-8074ddfd8e2d4f60bf3b08e6ab8015af]: Art. 2 in force at 14.8.2015, see art. 1

[^key-c7fc60c1f1ffebbc3bd61e4a43c21354]: Art. 3 in force at 14.8.2015, see art. 1

[^key-78852e12175dda0aac3581981b16ae5a]: Art. 4 in force at 14.8.2015, see art. 1

[^key-bd5a26f04fce92934b2efcc41327013d]: Art. 5 in force at 14.8.2015, see art. 1

[^key-2bbab922df57a991bad95876f4f563dc]: Art. 6 in force at 14.8.2015, see art. 1

[^key-3df9836b663c8981d6c3890a0d01223d]: Art. 7 in force at 14.8.2015, see art. 1

[^key-ffec52cf6ad00262e98f782d42ad17f3]: Art. 8 in force at 14.8.2015, see art. 1

[^key-1eaeb2ce82d331851b87d9ed871990bf]: Art. 9 in force at 14.8.2015, see art. 1

[^key-cfbf7c15c3e38b0a0e0b7137baf0d388]: Art. 10 in force at 14.8.2015, see art. 1

[^key-4d38fd61a31d389e66019c0bf52428d9]: Art. 11 in force at 14.8.2015, see art. 1

[^key-f0ed6ae78310d5fd24338594882253ca]: Art. 12 in force at 14.8.2015, see art. 1

[^key-7f4364aa6629aaa26608ec105b69e6d7]: Art. 13 in force at 14.8.2015, see art. 1

[^key-b06d681555467eadd7ebde16719a13df]: Art. 14 in force at 14.8.2015, see art. 1

[^key-c851b2bd0c73eb9600c19b5a32535409]: Art. 15 in force at 14.8.2015, see art. 1

[^key-1ebee291c7567b69f8f7e5d2428cb410]: Art. 16 in force at 14.8.2015, see art. 1

[^key-0485425e5e36a1234f9325865149cd5b]: Art. 17 in force at 14.8.2015, see art. 1

[^key-557013ab4b33d711ff76ca2d498d16ab]: Art. 18 in force at 14.8.2015, see art. 1

[^key-79f0d3b9295e19e0c597636012ae3a79]: Art. 19 in force at 14.8.2015, see art. 1

[^key-88bb5f03d143ce6644e0abeb1ebb951f]: Art. 20 in force at 14.8.2015, see art. 1

[^key-f29faee0decbaa8b8150cdf129ea1512]: Art. 21 in force at 14.8.2015, see art. 1

[^key-ce1fdef1676fb48506c07a890a639f1d]: Art. 22 in force at 14.8.2015, see art. 1

[^key-5d8c64db1005053b232acfd9c021a255]: Art. 23 in force at 14.8.2015, see art. 1

[^key-12093cbcd096d21726efa39b6ee86f76]: Art. 24 in force at 14.8.2015, see art. 1

[^key-fec34cdf155b1045cb1096a7e9800677]: Art. 25 in force at 14.8.2015, see art. 1

[^key-2c1745d438d1c7a078522195aa2594c0]: Art. 26 in force at 14.8.2015, see art. 1

[^key-506eadcab85780adb83dfe24e23d4cee]: Art. 27 in force at 14.8.2015, see art. 1

[^key-6b46fff1ae3c9810bd10240d1421bd27]: Art. 28 in force at 14.8.2015, see art. 1

[^key-5927937b5a4450de709c7858b8ca0013]: Art. 29 in force at 14.8.2015, see art. 1

[^key-927e4168038e21c77e9103f13534fc19]: Art. 30 in force at 14.8.2015, see art. 1

[^key-ca8e34ad5b41144aeb261f1d0b7883b3]: Art. 31 in force at 14.8.2015, see art. 1

[^key-27a65f3bda10472a5120550ebd12a9bf]: Art. 32 in force at 14.8.2015, see art. 1

[^key-f877b3b78e32340aab624abdc9277119]: Art. 33 in force at 14.8.2015, see art. 1

[^key-003a6844e95724f98321cb34ee9f880a]: Art. 34 in force at 14.8.2015, see art. 1

[^key-aa77f8a11e67535413157f54a0e93f3b]: Art. 35 in force at 14.8.2015, see art. 1

[^key-af5de810939d0391ff90d52f1b39572a]: Art. 36 in force at 14.8.2015, see art. 1

[^key-43d4dba9fadff1abd42b6d4770e18140]: Art. 37 in force at 14.8.2015, see art. 1

[^key-9258757ff6e5fcbf73140116ad2b5c62]: Art. 38 in force at 14.8.2015, see art. 1

[^key-6e026df844fc095069109610303d942b]: Art. 39 in force at 14.8.2015, see art. 1

[^key-e9e23da030982dff27103f1f5bdded4e]: Art. 40 in force at 14.8.2015, see art. 1

[^key-275441a662d7ee1e53a804a22c670d0c]: Sch. 2 para. 2 in force at 14.8.2015, see art. 1

[^key-e2c40f3f662279653c44456fdcb00783]: Sch. 2 para. 3 in force at 14.8.2015, see art. 1

[^key-398bd7fad6e5aa9743faa23837130236]: Sch. 2 para. 4 in force at 14.8.2015, see art. 1

[^key-d8d16740a948c793e4e166b5ef27189b]: Sch. 2 para. 5 in force at 14.8.2015, see art. 1

[^key-0e00a1424c989f612363985f39884923]: Sch. 2 para. 6 in force at 14.8.2015, see art. 1

[^key-edc7e75f0f13a4db8e3514a223a94aba]: Sch. 2 para. 7 in force at 14.8.2015, see art. 1

[^key-22f6f10b0fcf51b9e7b71618d5dca3b1]: Sch. 2 para. 8 in force at 14.8.2015, see art. 1

[^key-c7f814fe0a06ac9ef889f8a0173607cd]: Sch. 2 para. 9 in force at 14.8.2015, see art. 1

[^key-d3cb0debab9a01d38d91dc459f5b1124]: Sch. 2 para. 10 in force at 14.8.2015, see art. 1

[^key-bd7c59f7e1c4d71e7abe72526fbaae3e]: Sch. 2 para. 11 in force at 14.8.2015, see art. 1

[^key-b9b2ea59f12df41b5a13d5823058545b]: Sch. 2 para. 12 in force at 14.8.2015, see art. 1

[^key-fd6fe936f46c082a2ccbf496b2148a23]: Sch. 2 para. 13 in force at 14.8.2015, see art. 1

[^key-568239806d97b6ddbbf37594f777bc7d]: Sch. 2 para. 14 in force at 14.8.2015, see art. 1

[^key-89b3ccd0d473442aebd3fbbf8c70ef19]: Sch. 2 para. 15 in force at 14.8.2015, see art. 1

[^key-33cb8c0e2ef0a7e836a4b0867b41d71a]: Sch. 2 para. 16 in force at 14.8.2015, see art. 1

[^key-87cea7fb04446df114e8574099deffdf]: Sch. 2 para. 17 in force at 14.8.2015, see art. 1

[^key-317d82e38f51035d56c74322fb5ac7b3]: Sch. 2 para. 18 in force at 14.8.2015, see art. 1

[^key-0e9284ca7613d12d9ffd9079aa0eac88]: Sch. 2 para. 19 in force at 14.8.2015, see art. 1

[^key-daf98f255ede4bc98537a196e09bc46a]: Sch. 2 para. 20 in force at 14.8.2015, see art. 1

[^key-d78217eed13e800a7eb6a88ca16f66a7]: Sch. 2 para. 21 in force at 14.8.2015, see art. 1

[^key-2e1548cd590adac69b484749ce119de9]: Sch. 2 para. 22 in force at 14.8.2015, see art. 1

[^key-479edce260ae46f5e2f479d70d0bedcf]: Sch. 2 para. 23 in force at 14.8.2015, see art. 1

[^key-f47160a6130b8bcb10bbbf396fdadea1]: Sch. 7 para. 1 in force at 14.8.2015, see art. 1

[^key-2d4f8152238433d543dda01c9404e8b7]: Sch. 7 para. 2 in force at 14.8.2015, see art. 1

[^key-d46913788e69649455dfb1d3298cf62a]: Sch. 7 para. 3 in force at 14.8.2015, see art. 1

[^key-3bf4a8f40cd73571019a03a537ae6b93]: Sch. 7 para. 4 in force at 14.8.2015, see art. 1

[^key-ab6b15c4300107d4bef3cfdf879c8d5e]: Sch. 7 para. 5 in force at 14.8.2015, see art. 1

[^key-961b4f5651d37399a75d1db2620edfd3]: Sch. 7 para. 6 in force at 14.8.2015, see art. 1

[^key-9cf7057ea0df5b14d2bc0b0d208cbdd8]: Sch. 7 para. 7 in force at 14.8.2015, see art. 1

[^key-8cad8368545fa66cf8876b6a13e04111]: Sch. 7 para. 8 in force at 14.8.2015, see art. 1

[^key-d7b2a6b2a95b3e535d76e67158248b12]: Sch. 7 para. 9 in force at 14.8.2015, see art. 1

[^key-de4f57e3205adc48d76f56daa3c1fd75]: Sch. 9 para. 1 in force at 14.8.2015, see art. 1

[^key-fd7b968eb37fb027e0c6537c72cd9b45]: Sch. 9 para. 2 in force at 14.8.2015, see art. 1

[^key-ce200b495be1dbf9b688e0c7c422e65d]: Sch. 9 para. 3 in force at 14.8.2015, see art. 1

[^key-012da21dc010b89eee16a78958634100]: Sch. 9 para. 4 in force at 14.8.2015, see art. 1

[^key-995dcdaed6ededdffe9449a651944130]: Sch. 9 para. 5 in force at 14.8.2015, see art. 1

[^key-521c320819541e9ab7b515c9e75925a3]: Sch. 9 para. 6 in force at 14.8.2015, see art. 1

[^key-f8f5bd7b1af377c1e79ceb935497fc3c]: Sch. 9 para. 7 in force at 14.8.2015, see art. 1

[^key-7ac5e00c9d0d16f1440a3e2eb88e00f3]: Sch. 9 para. 8 in force at 14.8.2015, see art. 1

[^key-02c2d66ee6558a71790cba9519ea3afa]: Sch. 9 para. 9 in force at 14.8.2015, see art. 1

[^key-273e8995fc6344a8647984646ed9fbf1]: Sch. 9 para. 10 in force at 14.8.2015, see art. 1

[^key-5633172d3f9f29bb29189ba5803c940e]: Sch. 9 para. 11 in force at 14.8.2015, see art. 1

[^key-b558bbaf3b2ca27afbe5dbebdb6b0215]: Sch. 9 para. 12 in force at 14.8.2015, see art. 1

[^key-6ab7e8957879d18693eb56609b02f6ce]: Sch. 9 para. 13 in force at 14.8.2015, see art. 1

[^key-127cc323617a7671984f0dd83647ab01]: Sch. 9 para. 14 in force at 14.8.2015, see art. 1

[^key-eb5b7d6c81511401a05ed5be4bf5fdb6]: Sch. 9 para. 15 in force at 14.8.2015, see art. 1

[^key-91feb83cf3b448bcce7c860229578a96]: Sch. 9 para. 16 in force at 14.8.2015, see art. 1

[^key-77e28a2f6d5d3f048d438043d5cf8c95]: Sch. 9 para. 17 in force at 14.8.2015, see art. 1

[^key-4b550eb40f2f47d8c6f870fee78b8bed]: Sch. 9 para. 18 in force at 14.8.2015, see art. 1

[^key-9f8f9f0b9d126e53f206ee87f7de7de1]: Sch. 9 para. 19 in force at 14.8.2015, see art. 1

[^key-e4b394a3c84aa033f381c1995cc61170]: Sch. 9 para. 20 in force at 14.8.2015, see art. 1

[^key-6270e91abaf9e64e1d545f7b39dabad1]: Sch. 9 para. 21 in force at 14.8.2015, see art. 1

[^key-84987821acf4e9735a84bd10fa060bca]: Sch. 9 para. 22 in force at 14.8.2015, see art. 1

[^key-c19a0c17ebde58f4b57749949423d9c6]: Sch. 9 para. 23 in force at 14.8.2015, see art. 1

[^key-ad0e550dfa92b2310fa01c4b72120873]: Sch. 9 para. 24 in force at 14.8.2015, see art. 1

[^key-163bf8592fb12b9648314dc89df8e0a3]: Sch. 9 para. 25 in force at 14.8.2015, see art. 1

[^key-bee1e0c034013f778f7467181ba38ffa]: Sch. 9 para. 26 in force at 14.8.2015, see art. 1

[^key-18a06143da0f9b041c57307bc30cf426]: Sch. 9 para. 27 in force at 14.8.2015, see art. 1

[^key-42c37c64e7edc2d94f5aec153396ed0b]: Sch. 9 para. 28 in force at 14.8.2015, see art. 1

[^key-78f3bfaa7d4c1768e4aca51e901455c0]: Sch. 9 para. 29 in force at 14.8.2015, see art. 1

[^key-f78882f91c1b8ee66b7393b0a739dcef]: Sch. 9 para. 30 in force at 14.8.2015, see art. 1

[^key-319a53545f32ec4fd95a09ea951c8193]: Sch. 9 para. 31 in force at 14.8.2015, see art. 1

[^key-fb06e1dfc45f514554154d3abd0dc626]: Sch. 9 para. 32 in force at 14.8.2015, see art. 1

[^key-b4a7884f1526907c6282117a2a596052]: Sch. 9 para. 33 in force at 14.8.2015, see art. 1

[^key-761c8927064b9f98cb22cd1636a1061c]: Sch. 9 para. 34 in force at 14.8.2015, see art. 1

[^key-90c0fc3f3d03ba0b8064a828e639414e]: Sch. 9 para. 35 in force at 14.8.2015, see art. 1

[^key-f65aa2cee8ea66bf26dfae694e1606e7]: Sch. 9 para. 36 in force at 14.8.2015, see art. 1

[^key-c3d64409ba921f3ac8183001756573b9]: Sch. 9 para. 37 in force at 14.8.2015, see art. 1

[^key-0f32e529f120955cc893e6aeee0cc7f6]: Sch. 9 para. 38 in force at 14.8.2015, see art. 1

[^key-002088553f4d254eed9a99719b4aec62]: Sch. 9 para. 39 in force at 14.8.2015, see art. 1

[^key-81aa8f799d75b2c267c737486c39eadc]: Sch. 9 para. 40 in force at 14.8.2015, see art. 1

[^key-3adb63da1e4dcde93bc7a981e4a6b978]: Sch. 9 para. 41 in force at 14.8.2015, see art. 1

[^key-0479434917e8317593e840bb22bf9423]: Sch. 9 para. 42 in force at 14.8.2015, see art. 1

[^key-728883b0e9fa9d0d517082e7f19c0b62]: Sch. 10 para. 1 in force at 14.8.2015, see art. 1

[^key-ae3e1a662c7129771f0e8d6dd1803d94]: Sch. 10 para. 2 in force at 14.8.2015, see art. 1

[^key-d6a143a14995155d64aafa9ee4ba8901]: Sch. 10 para. 3 in force at 14.8.2015, see art. 1

[^key-a999ebda95db5264ad7c47c83c58d701]: Sch. 1 in force at 14.8.2015, see art. 1

[^key-76a1b81aa15dda338bbf4dbcaad0fbe1]: Sch. 3 Pt. 1 in force at 14.8.2015, see art. 1

[^key-65527ca4353397093361274ee4dd7156]: Sch. 3 Pt. 2 in force at 14.8.2015, see art. 1

[^key-d7ef076e024dc0dc6a1d955e2b8e2074]: Sch. 4 in force at 14.8.2015, see art. 1

[^key-6071fbfe8e81e6506f8f878a1e746cfb]: Sch. 5 in force at 14.8.2015, see art. 1

[^key-7787afed6117304d672578492edb6f05]: Sch. 6 Pt. 1 in force at 14.8.2015, see art. 1

[^key-364eae6fe7df25eb5057573693207700]: Sch. 6 Pt. 2 in force at 14.8.2015, see art. 1

[^key-e65b3065a351300e4f43a999dcb6f18f]: Sch. 6 Pt. 3 in force at 14.8.2015, see art. 1

[^key-d6003d303cc960ab918399eb4bb75945]: Sch. 8 in force at 14.8.2015, see art. 1

[^key-fe8e2634fadacb7cfd833a9a65eb5e91]: Sch. 11 in force at 14.8.2015, see art. 1

[^key-f026071712247d5b7d461ee5f597fe82]: Words in Sch. 1 substituted (12.11.2016) by The Progress Power (Gas Fired Power Station) (Amendment) Order 2016 (S.I. 2016/1086), arts. 1, 3(2)

[^key-16dff8ca86b13167b024ee8fed05c20c]: Words in Sch. 1 inserted (12.11.2016) by The Progress Power (Gas Fired Power Station) (Amendment) Order 2016 (S.I. 2016/1086), arts. 1, 3(3)

[^key-5127421fc30bcb0e02ce07eef08dac83]: Sch. 2 Table 2 substituted (12.11.2016) by The Progress Power (Gas Fired Power Station) (Amendment) Order 2016 (S.I. 2016/1086), arts. 1, 4, Sch.

[^key-e220eb6e29bc1e9297c2f204f9290b69]: Words in art. 2(1) substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 96(2) (with regs. 1(3), 77-79, Sch. 4)

[^key-d0b6b5f2a2c383d4de291b645ef92bdb]: Words in art. 15(7) substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 96(3) (with regs. 1(3), 77-79, Sch. 4)

[^key-8789d65d1613070b2ad78caa53717061]: Words in art. 15(8)(b) substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 96(3) (with regs. 1(3), 77-79, Sch. 4)

[^key-63954febca4e325b7a3299dd482f3c06]: Words in Sch. 2 para. 19(3) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 60

[^key-aab6b7fbe161e5bab8159843a8259280]: Words in Sch. 9 para. 27(2) omitted (28.12.2017) by virtue of The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 4 para. 51(2)(a)(i)

[^key-bbd6f79b58bdf44056bab07f26d011e6]: Words in Sch. 9 para. 27(2) substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 4 para. 51(2)(a)(ii)

[^key-bd041fb8e6363178611cccf09fac9ff9]: Words in Sch. 9 para. 27(2) inserted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 4 para. 51(2)(a)(iii)

[^key-253d825906b98b11079530813a18750c]: Words in Sch. 9 para. 28 substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 4 para. 51(2)(b)

[^key-a12d04ad23253b6c4b965f0b6a74ea4f]: Sch. 2 para. 1 substituted (28.7.2020) by The Progress Power (Gas Fired Power Station) (Amendment) Order 2020 (S.I. 2020/807), arts. 1, 3