The Abergelli Power Gas Fired Generating Station Order 2019

• (c) the nature of the power sought to be exercised by the undertaker;

• (d) the effectiveness, cost and reasonableness of proposals for mitigation arising from any party; and

• (e) any other important and relevant consideration.

• (7) Any determination by the expert is final and binding, except in the case of manifest error in which case the difference that has been subject to expert determination may be referred to and settled by arbitration under article 42.

PART 7 — FOR THE PROTECTION OF WALES & WEST UTILITIES LIMITED

Application

58

For the protection of the protected person referred to in this Part 7 of Schedule 11 the following provisions shall, unless otherwise agreed in writing between the undertaker and the protected person, have effect.

Interpretation

59

• (1) In this Part of this Schedule—

• “apparatus” means in the case of the protected person, pipes or other apparatus belonging to or maintained by Wales & West Utilities Limited for the purposes of gas transmission and distribution;

• “authorised development” has the same meaning as in Schedule 1 (authorised development) of this Order;

• “commence” has the same meaning as in article 2 (interpretation) and commencement shall be construed to have the same meaning;

• “functions” includes powers and duties;

• “in” in a context referring to apparatus in land includes a reference to apparatus under, over, across, along or upon such land;

• “maintain” and “maintenance” shall have the same meaning as in article 2 (interpretation);

• “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;

• “protected person” means Wales & West Utilities Limited, a limited company registered under Company No 05046791 and having its registered office at Wales & West House, Spooner Close, Coedkernew, Newport, South Wales NP10 8FZ, being a gas transporter within the meaning of Part 1 of the 1986 Act; and

• “protective works” means such works as are necessary to protect the protected person’s apparatus arising as a result of the construction, operation or maintenance of the authorised development.

• (2) Except for paragraphs 62 (retained apparatus: Protection: Protected Persons) and 63 (expenses) this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the protected person are regulated by the provisions of Part 3 of the 1991 Act.

Apparatus of the protected person in streets subject to temporary prohibition or restriction

60

Notwithstanding the temporary prohibition or restriction under the powers of article 11 (temporary prohibition or restriction of use of streets), the protected person shall be at liberty at all times to take all necessary access across any such street and/or 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.

Acquisition of Land

61

Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker must not acquire any land interest or apparatus or override any easement or other interest of the protected person otherwise than by agreement (such agreement not to be unreasonably withheld).

Retained apparatus: Protection: Protected Persons

62

• (1) Not less than 56 days before the commencement of any authorised development authorised by this Order that involves activities or works that are within 24 metres of any apparatus the undertaker must submit to the protected person in question a plan. For the avoidance of doubt, there is no requirement for any plan submitted by the undertaker under this sub-paragraph to be approved by the protected person.

• (2) In relation to works which will or may be situated on, over, under or within 15 metres measured in any direction of any apparatus, or (wherever situated) impose any load directly upon any apparatus or involve embankment works within 15 metres of any apparatus, the plan to be submitted to the protected person under sub-paragraph (1) shall be detailed including a method statement and describing—

• (a) the exact position of the works;

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

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

• (d) the position of all apparatus;

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

• (f) intended maintenance regimes.

• (3) The undertaker must not commence any works to which sub-paragraph (2) applies until the protected person has given written approval of the plan so submitted.

• (4) Any approval of the protected person required under sub-paragraph (3)—

• (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (5) or (7);

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

• (5) In relation to a work to which sub-paragraphs (1) and (2) apply, the protected person may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

• (6) Works executed under this Order must be executed only in accordance with the plan, submitted under sub-paragraph (1), as amended from time to time by agreement between the undertaker and the protected person and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (5) or (7) by the protected person for the protection of the apparatus, for securing access to the apparatus, and the protected person shall be entitled to watch and inspect the execution of this works. In the event of unforeseen circumstances occurring during the execution of the works, the undertaker and protected person must work together, acting reasonably, to resolve the issue in the interests of the protection of both parties’ assets.

• (7) Where protected persons require any protective works to be carried out either themselves or by the undertaker (whether of a temporary or permanent nature) such protective works must be carried out to the protected persons’ satisfaction prior to the commencement of any authorised development (or any relevant part thereof) to which sub-paragraph (1) applies and the protected person will give 56 days’ notice of such works from the date of submission of a plan in line with sub-paragraph (1) (except in an emergency).

• (8) Nothing in this paragraph will preclude the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works comprising the authorised development (and to which sub-paragraph (1) applies), a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan.

• (9) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it shall give to the protected person in question notice as soon as is reasonably practicable and a plan of those works and shall—

• (a) comply with sub-paragraphs (5), (6) and (7) insofar as is reasonably practicable in the circumstances; and

• (b) comply with sub-paragraph (10) at all times.

• (10) At all times when carrying out any works authorised under the Order comply with Wales & West Utilities Limited’s policies for safe working in proximity to gas apparatus “Specification for safe working in the vicinity of pipelines and associated installation operating above 2 BAR’s” and HSE’s “HSG47 Avoiding Danger from underground services” or any other safe working policies issued by Wales & West Utilities Limited’s Plant Protection department prior to the date of any relevant approval given by the protected person pursuant to sub-paragraph (3).

Expenses

63

• (1) Subject to the following provisions of this paragraph, the undertaker must pay to the protected person on demand all charges, costs and expenses reasonably committed or incurred by the protected person in, or in connection with, the inspection, removal, alteration, relaying or replacing or protection of any apparatus or the construction of any new apparatus which may be required as a direct consequence of the execution of any such works as are referred to in this Schedule including without limitation—

• (a) the approval of plans;

• (b) the carrying out of protective works (including any temporary protective works and their removal);

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

• (2) The undertaker will not be liable to the protected person pursuant to sub-paragraph (1) unless the protected person has submitted to and agreed with the undertaker details of the works required unless such works are required in an emergency.

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

• (4) The protected person must use its reasonable endeavours to minimise any charges, costs and expenses to which this paragraph 63 applies. If requested to do so by the undertaker, the protected person shall provide evidence of the charges, costs and expenses, and an explanation of how the same has been minimised. The undertaker shall only be liable under this paragraph 63 for amounts reasonably incurred by the protected person.

Indemnity

64

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works authorised by this part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised development by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Order, any material damage is caused to any apparatus or property of the protected person, or there is any interruption in any service provided, or in the supply of any goods, by any protected person, or the protected person becomes liable to pay any amount to any third party, the undertaker must—

• (a) bear and pay on demand the cost reasonably incurred by the protected person in making good such damage or restoring the supply; and

• (b) indemnify the protected person for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from the undertaker, by reason or in consequence of any such damage or interruption or the protected person becoming liable to any third party as aforesaid.

• (2) The fact that any act or thing may have been done by a protected person on behalf of the undertaker or in accordance with a plan approved by a protected person or in accordance with any requirement of the protected person or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of sub-paragraph (1) where the undertaker fails to carry out and execute the works properly with due care and attention in a skilful and workman like manner or in a manner which does not materially accord with the approved plan or as otherwise agreed between the undertaker and the protected person.

• (3) Nothing in sub-paragraph (1) shall impose any liability on the undertaker in respect of—

• (a) any damage or interruption to the extent that it is attributable to the neglect or default of the protected person, its officers, servants, contractors or agents or is otherwise caused by or is attributable to the protected person; and

• (b) any authorised development and/or any other works authorised by this Schedule carried out by the protected person as an assignee, transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 of the 2008 Act or under article 7 of the Order subject to the proviso that once such works become apparatus (“new apparatus”), any works yet to be executed and not falling within this sub–section 3(b) shall be subject to the full terms of this Schedule including this paragraph 64 in respect of such new apparatus.

• (4) The protected person must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise will be made without first consulting the undertaker and taking into account its representations.

• (5) The protected person must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which this paragraph 64 applies. If requested to do so by the undertaker, the protected person shall provide an explanation of how the claim has been minimised. The undertaker shall only be liable under this paragraph 64 for claims reasonably incurred by the protected person.

Enactments and agreements

65

Nothing in this part of this Schedule shall affect the provisions of any enactment or agreement regulating the relations between the undertaker and a protected person in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co–operation

66

The protected person and the undertaker must use all reasonable endeavours to co–ordinate with the other party on the timing and method of execution of any works carried out under the Order or this Schedule in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the other party’s operations.

Access

67

If in consequence of the agreement reached in accordance with paragraph 62 or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable the protected person to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

68

Any difference or dispute arising between the undertaker and the protected person under this Schedule will, unless otherwise agreed in writing between the undertaker and the protected person, be determined by arbitration in accordance with article 42 (arbitration).

SCHEDULE 12 — 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 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

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

• (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) Any application made to the relevant planning authority pursuant to sub-paragraph (1) must include a statement to confirm whether it is likely that the subject matter of the application will give rise to any materially new or materially different environmental effects compared to those in the environment statement and if it will then it must be accompanied by information setting out what those effects are.

• (4) Where an application has been made to the relevant planning authority for any consent, agreement or approval required by a requirement included in this Order and the relevant planning authority does not determine the application within the period set out in sub-paragraph (1), then if either—

• (a) the application is accompanied by a report pursuant to sub-paragraph (3) which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects compared to those in the environmental statement; or

• (b) the relevant planning authority determines during the period set out in sub-paragraph (1) that it considers that the subject matter of such application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement,

then the application is to be taken to have been refused by the relevant planning authority at the end of that period.

• (5) Where an application is made to a relevant planning authority for a consent, agreement or approval required by a requirement they may grant such consent, agreement or approval either unconditionally or subject to conditions.

Further information

2

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

• (2) In the event that the relevant planning authority considers such further information to be necessary and the provision governing or requiring the application does not specify that consultation with a requirement consultee is required the relevant planning authority must, within twenty–eight days of receipt of the application, notify the undertaker in writing specifying the further information required.

• (3) If the provision governing or requiring the application specifies that consultation with a requirement consultee is required, the relevant planning authority must issue the consultation to the requirement consultee within five business days of receipt of the application, and must notify the undertaker in writing specifying any further information requested by the requirement consultee within five business days of receipt of such a request and in any event within twenty–eight days of receipt of the application.

• (4) In the event that the relevant planning authority does not give notification as specified in sub-paragraph (2) or (3) it is to be deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker.

• (5) Where further information is requested under this paragraph 2 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(4) and paragraph 2.

Appeals

3

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

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

• (b) the relevant planning authority is deemed to have refused an application pursuant to paragraph 1(4);

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

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

• (2) The 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 the requirement consultee (together with the undertaker, these are the “appeal parties”);

• (b) the Secretary of State must appoint a person within twenty 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, the date of such notification being the “start date” for the purposes of this sub-paragraph (2);

• (c) the relevant planning authority and any requirement consultee must submit written representations to the appointed person in respect of the appeal within twenty 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 business days of receipt of written representations pursuant to sub-paragraph (c) above;

• (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 business days of the deadline for the receipt of counter–submissions pursuant to sub-paragraph (d); and.

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

• (3) In the event that the appointed person considers that further information is necessary to enable him to consider the appeal he must, within five 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 business days of the specified date but must otherwise be in accordance with the process and time limits set out in sub-paragraphs (2)(c) to (2)(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 2 (requirements) as if it had been given by the relevant planning authority. The relevant planning authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.

• (10) 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 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 the Development Management Manual, Section 12 Annex: Award of Costs, or any circular or guidance which may from time to time replace it.

Interpretation of Schedule 12

4

In this Schedule 12—

• “business day” means a day other than a 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; and

• “requirement consultee” means any body named in a requirement as a body to be consulted by the relevant planning authority in discharging that requirement.

Signed

Signed by authority of the Secretary of State for Business, Energy and Industrial Strategy

Gareth Leigh — Head of Energy Infrastructure and Planning — Department for Business, Energy and Industrial Strategy — 19th September 2019

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order grants development consent for, and authorises Abergelli 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 as well as to override easements and other rights.

A copy of the Order plans and the book of reference mentioned in this Order and certified in accordance with article 39 of this Order (certification of plans, etc.) may be inspected free of charge during working hours at Swansea Central Library, Civic Centre, Oystermouth Road, Swansea, SA1 3SN.

Footnotes

[^f00001]: 2008 c.29. The relevant provisions of the 2008 Act are amended by Chapter 6 of Part 6 of, and schedule 13 to, the Localism Act 2011 (c.20), sections 22 to 27 of the Growth and Infrastructure Act 2013 (c.27), section 43 of the Wales Act 2017 (c.4) and paragraph 12(2) of Schedule 1 to S.I. 2013/124. Transitional provisions are contained in section 70 of and Schedule 7 paragraphs 1 and 6 to, the Wales Act 2017 and in S.I. 2013/1124.

[^f00002]: S.I. 2010/103, amended by S.I. 2012/635.

[^f00003]: Section 83 was amended by paragraphs 35(2) and 35(3) of schedule 13(1) and paragraph 1 of section 25(20) to the Localism Act 2011 (c.20).

[^f00004]: S.I. 2009/2263. Regulation 3 was amended by S.I. 2012/635 and S.I. 2012/787. S.I 2009/2263 was revoked by S.I. 2017/572, but continues to apply to this application for development consent by virtue of transitional provisions contained in regulation 37(2) of that instrument.

[^f00005]: Section 127 was amended by sections 23(2)(a), 23(2)(b) and 23(2)(c) of the Growth and Infrastructure Act 2013 (c.27) and by paragraph 64(2) of Schedule 13(1).

[^f00006]: 1961 c.33. Section 1 was amended by paragraphs 37(a) and (b) of Schedule 1 to the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009/1307; sections 2 and 3 were repealed by paragraph 38 of Schedule 1 to the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009/1307; section 4 was amended by paragraphs 39(a), (b) and (c) of Schedule 1 to the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009/1307. The application of section 5A is modified by paragraph 7 of Schedule 8 to this Order. There are other amendments to the 1961 Act which are not relevant to this Order.

[^f00007]: 1965 c.56. Section 1 was amended by part 1 of Schedule 6 and paragraph 14(2) of Schedule 4 to the Acquisition of Land Act 1981, section 4 of and paragraph 13(1)(a) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c.11), and paragraph 1 of Schedule 10 to the Courts Act 2003, (c.39); sections 2, 7, 9, 14, 21, 22, 24 26, 28 and 30, paragraph 2 of Schedule 2 and paragraphs 2(3) and 7(2) of Schedule 4 were amended by section 9(3) and paragraph 5 of Schedule 3 to the Gas Act 1986 (c.44), section 245(4) of the Town and Country Planning Act 1990 (c.8), section 151(5) of and paragraph 2(1) of Schedule 18 to the Water Act 1989 (c.15), section 13(2) of the Local Government (Miscellaneous Provisions) Act 1976 (c.57), section 7(1)(b) of the Compulsory Purchase (Vesting Declarations) Act 1981 (c.66), section 30(1) of the Acquisition of Land Act 1981 (c.67) and section 129 of the Local Government Act 1972 (c.70), sections 39 and 40 and paragraphs 11(1) to Schedule 5 Part III and paragraph 1 to Schedule 4 of the Forestry Act 1967 (c.10), section 49(7)(i) of the Agriculture Act 1967 (c.22), section 15 of the Greater London Council (General Powers) Act 1967 (c.xx), and section 60(1) of the Post Office Act 1969 (c.48), sections 120(3), 124(2) and 273(1) of the Local Government Act 1972 (c.70), article 4 of S.I. 1978/829, article 3 of S.I. 1978/1125 and Part I of Schedule 6 to the New Towns Act 1981 (c.64), with section 129 words of enactment omitted under authority of section 3 of the Statute Law Revision Act 1948 (c.62); sections 2, 7, 9, 14, 21, 22, 26, 28 and 32 were amended by sections 120(3), 124(2), and 273(1) of the Local Government Act 1972 (c.70), article 4 of S.I. 1978/829, article 3 of S.I. 1978/1125, Schedule 6 Part I of the New Towns Act 1981 (c.64), sections 6, 37(4)(5), 38, and paragraphs 2(2) and 15(9) of Schedule 2 and paragraphs 3(1), 5(1) and 8 of Schedule 5 to the Channel Tunnel Act 1987 (c.53), sections 2(2), and paragraph 1 of Schedule 2 Part II and paragraph 1(8) of Schedule 3 to the Dartford–Thurrock Crossing Act 1988 (c.20), section 10(1) and paragraph 6 of Schedule 3 Part I to the Electricity Act 1989 (c.29), sections 151(5), 151(6), 155(3) to (7) of and paragraphs 2(2)(3) to (8) of Schedule 18 and paragraphs 6(1)(a)(c) of Schedule 20 to the Water Act 1989 (c.15), section 10(1) of and paragraphs 7 to 13 of Schedule 3 Part I to the Electricity Act 1989 (c.29), and extended by paragraph 16(1) of Schedule 2 to the Telecommunications Act 1984 (c.12); section 3 was amended by paragraph 3 of Schedule 15(1) to the Planning and Compensation Act 1991 (c.34); section 4 was amended by section 182(1) of the Housing and Planning Act 2016 (c.22); section 4A was inserted by s202(1) of the Housing and Planning Act 2016 (c.22); section 5 was amended by section 67 Part III of the Planning and Compensation Act 1991 (c.34), section 192(2) Part 7 of the Housing and Planning Act 2016 (c.22) and paragraph 60 of Schedule 1 to the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009/1307; section 6 was amended by paragraph 61 of Schedule 1 to the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009/1307; section 7 was also extended by section 237(4)(a) of the Town and Country Planning Act 1990 (c.8), and by section 78(2)(a), and paragraph 5(4) of Schedule 10 Part II to the Housing Act 1988 (c.50); section 8 was amended by paragraphs 62(b) and (c) of Schedule 1 to the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009/1307 and paragraph 2 of Schedule 17(1) to the Housing and Planning Act 2016 (c.22); section 9 was also amended by section 1(1) of and Schedule 1 to the Statute Law (Repeals) Act 1973 (c.39), section 52(10)(a) of the Land Compensation Act 1973 (c.26), section 13(3) and paragraphs 4 and 5 to Schedule 3 of the Agriculture (Miscellaneous Provisions) Act 1968 (c.34), section 146(10) of the Town and Country Planning Act (c.8) and by section 54(7) of the Land Compensation Act (c.26); section 10 was amended by paragraph 63 of Schedule 1 to the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009/1307 and paragraphs 13(2)(a) and (b) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c.11); section 11 was amended by section 186(2), section 187(2), section 188 and paragraph 6 of Schedule 14 to the Housing and Planning Act 2016 (c.22), paragraphs 14(3)(a) and (b) of Schedule 4 to the Acquisition of Land Act 1981 (c.67), paragraph 12(1) of Schedule 5 to the Church of England (Miscellaneous Provisions) Measure 2006 No.1, and paragraph 64 of Schedule 1 to the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009/1307; Section 11A was added by section 186(3) of the Housing and Planning Act 2016 (c.22); section 11B was added by section 187(3) of the Housing and Planning Act 2016 (c.22); section 12(6) was amended by paragraph 4 of Schedule 16 to the Housing and Planning Act 2016 (c.22); section 13 was amended by section 139 (5) to (9), paragraph 28(2) of Schedule 13 and paragraph 1 of Schedule 23(3) to the Tribunals, Courts and Enforcement Act 2007 (c.15); section 15 was amended by paragraph 65 of Schedule 1 to the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009/1307; Section 16 was amended by paragraph 66 of Schedule 1 to the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009/1307; section 17 was amended by paragraph 67 of Schedule 1 to the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009/1307; section 18 was amended by paragraph 68 of Schedule 1 to the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009/1307; Section 19 was amended by paragraph 69 of Schedule 1 to the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009/1307; Section 20 was amended by paragraph 4 of Schedule 15(I) to the Planning and Compensation Act 1991 (c.34) and paragraph 70 of Schedule 1 to the Transfer of Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009/1307; section 22 was also modified by section 13(3) of and paragraphs 4 and 5 of Schedule 3 to the Agriculture (Miscellaneous Provisions) Act 1968 (c.34), and excluded by section 10(3) of the Compulsory Purchase (Vesting Declarations) Act 1981 (c.66); section 23 was amended by paragraph 4(1) of Schedule 11(2) to the Constitutional Reform Act 2005 c.4; section 24 was also amended by section 17(2)(3) and Schedule 2 to the Rentcharges Act 1977 (c.30); section 25 was amended by paragraph 4(1) of Schedule 11(2) to the Constitutional Reform Act 2005 (c.4). and s1(1) and Part IX of Schedule 1 to the Statute Law (Repeals) Act (c.39); Section 26 was also amended by section 13(3) and paragraphs 4 and 5 of Schedule 3 to the Agriculture (Miscellaneous Provisions) Act 1968 (c.34); section 27 was repealed by article 3 and Schedule 1 to S.I. 1990/776; section 29 was repealed by paragraph 1 of Schedule 23(3) to the Courts and Enforcement Act 2007 (c.15); section 30 was also amended by section 34(1) and paragraph 14(4) of Schedule 4 to the Acquisition of Land Act 1981 (c.67); section 31 was amended by section 34(1) and paragraph 14(5) of Schedule 4 to the Acquisition of Land Act 1981 (c.67), paragraph 19(b) of Schedule 15(II) to the Planning and Compensation Act 1991 (c.34) and paragraph 12(2) of Schedule 5 to the Church of England (Miscellaneous Provisions) Measure 2006 No.1; Section 32 was also amended by section 34(1), and paragraph 14(6) of Schedule 4 to the Acquisition of Land Act 1981 (c.67); Paragraph 10 of Schedule 1 was amended by Schedule 9(3), Schedule 3 Part II paragraph 5 of the Gas Act 1986 (c.44), sections 10 and 14(4) of the Land Commission Act 1967 (c.1), section 28(4) and Schedule 3 paragraph 3 of the Courts Act 1971 (c.23), sections 47(6) and 52(2) of the Highways Act 1971 (c.41), section 10(1) and Schedule 3 paragraphs 6 to 13 of the Electricity Act 1989 (c.29), section 78(2)(b) and Schedule 10 Part III paragraph 20–23 of the Housing Act 1988 (c.50), section 578 of the Housing Act 1985 (c.68), section 37(4) of the Land Drainage Act 1976 (c.70), sections 6(2),(4),(6),(7) and 27, Schedule 4 Part II and Schedule 7 paragraph 5(5) of the Development of Rural Wales Act 1976 (c.75), article 4 of S.I. 1978/268, section 250 and Schedule 19 of the Highways Act 1980 (c.66), section 245(4) of the Town and Country Planning Act 1990 (c.8), section 151(5) and Schedule 18 paragraph 2(1) with sections 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4) to (10), 190, 193(1), Schedule 26 paragraphs 3(1)(2), 17, 40(4), 57(6), 58) of the Water Act 1989 (c.15), section 13(2) of the Local Government (Miscellaneous Provisions) Act 1976 (c.57), section 7(1)(b) of the Compulsory Purchase (Vesting Declarations) Act 1981 (c.66), section 30(1) of the Acquisition of Land Act 1981 (c.67), and section 129 of the Local Government Act 1972 (c.70) Words of enactment omitted under authority of section 3 of the Statute Law Revision Act 1948 (c.62) and modified by section 13(3) and Schedule 3 paragraphs 4 and 5 of Agriculture (Miscellaneous Provisions) Act 1968 (c.34); paragraph 2 of Schedule 2 was modified by section 13(3) and paragraphs 4 and 5 of Schedule 3 to the Agriculture (Miscellaneous Provisions) Act 1968 (c.34), section 10(2) of the Compulsory Purchase (Vesting Declarations) Act 1981 (c.66), paragraph 14 of Schedule 3A to the Town and Country Planning Act 1968 (c.72) and Schedule 2, Appendix A to the Land Commission (Dissolution) Act 1971 (c.18); paragraph 13 of Schedule 2A was amended by paragraph 3 of Schedule 17(1) to the Housing and Planning Act 2016 (c.22). There are other amendments to the 1965 Act which are not relevant to this Order.

[^f00008]: 1980 c.66. Section 328 was amended by sections 27, 28 and 54 of , and paragraphs 1(2) of Part I and 2 of Part III of Schedule 2 to, the Town and Country Planning Act 1990 (c.8), by sections 3 and 19 of, and paragraph 9 of Schedule 3 to, the Dartford–Thurrock Crossing Act 1988 (c.20), s35, and by paragraphs 7(1) and 10(1) of Schedule 4 to the Channel Tunnel Act 1987 (c.53), and extended by sections 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4) to (10), 190, 193(1) of, and paragraph 1(2)(xxv)(8) of Schedule 25 and paragraphs 3(1)(2), 17, 40(4), 57(6), and 58 of Schedule 26 to, the Water Act 1989 (c.15), and by section 112(1)(3) of, and paragraph 2(4)(d)(6)(9) of Schedule 16, paragraphs 33 and 35(1) of Schedule 17 to, the Electricity Act 1989 (c.29), and by section 67(1)(3) of, and paragraph 2(1)(xl) of Schedule 7 and paragraph 33 of Schedule 8 to, the Gas Act 1986 (c.44). There are other amendments to the 1980 Act which are not relevant to this Order.

[^f00009]: 1984 c.27.

[^f00010]: 1986 c.44. Relevant amendments are as follows: a new section 7 was substituted by section 5 of the Gas Act 1995 (c.45), and was further amended by sections 3(2) and 76(3) and 76(4) of and paragraph 4 of Schedule 6(I) and paragraph 1 of schedule 8 to the Utilities Act 2000 (c.27), regulation 18(2). (3), (4) and (5) of the Electricity and Gas (Internal Markets) Regulations 2011/2704 and section 149(5) of the Energy Act 2004 (c.20); section 48 was amended by paragraph 1 of Schedule 6 to the Gas Act 1995 (c.45).

[^f00011]: 1989 c.29. Relevant amendments are as follows: section 6 was amended by section 30 of the Utilities Act 2000 (c.27), sections 89(3), 136(1), 136(2), 145(5), 145(6), and 145(7), and paragraph 5 of Schedule 19 and paragraph 1 of Schedule 23(1) to the Energy Act 2004 (c.20), articles 6(2)(a), 6(2)(b), 6(3), 6(4) of the Electricity and Gas (Smart Meters Licensable Activity) Order 2012/2400, regulation 19 of the Electricity and Gas (Internal Markets) Regulations 2011/2704, and by paragraph 2 of Schedule 8 to the Climate Change Act 2008 (c.27); section 64 was amended by the Utilities Act 2000 (c.27) Schedule 6, paragraph 38(3);

[^f00012]: 1990 c.8. Section 106 was amended by section 12(1) of the Planning and Compensation Act 1991 (c.34), paragraphs 3(2) and 3(3) of Schedule2 to the Growth and Infrastructure Act 2013 (c.27), section 33 of the Greater London Authority Act 2007 (c.24), and by section 174(2)(a) to (c) of the Planning Act 2008 (c.29); section 153(4) was inserted by section 200 of the Housing and Planning Act 2016 (c.22); section 264 was amended by paragraph 54 of Schedule 1 to the Water Consolidation (Consequential Provisions) Act 1991 (c.60), paragraph 9 of Schedule 3(1) to the British Waterways Board (Transfer of Functions) Order 2012/1659, paragraph 14 of Schedule 1(1) to the Transport for London (Consequential Provisions) Order 2003/1615, paragraphs 20(a) and 20(b) of Schedule 12 to the Localism Act 2011 (c.20), paragraph 18 of Schedule 4(2) to the Infrastructure Act 2015 (c.7) , and by paragraph 13(a)(i) of Schedule 1(III) to the Transport Act 2000 (Consequential Amendments) Order 2001/4050. There are other amendments to the 1990 Act which are not relevant to this order.

[^f00013]: 1991 c.22. Section 48 was amended by section 124(2) of the Local Transport Act 2008 (c.26); section 49 was amended by paragraphs 117(a) and 117(b) of Schedule 1(2) to the Infrastructure Act 2015 (c.7); section 50 was amended by section 124(3) of the Local Transport Act 2008 (c.26); section 51 was amended by paragraph 1 of Schedule 1 to the Traffic Management Act 2004 (c.18); section 54 was amended by the transitional provisions specified in article 6(1) to (3) and (5) of SI 2007/3174 and by section 49(1) and paragraph 1 of Schedule 1 to the Traffic Management Act 2004 (c.18); section 55 was amended by section 51(9) and paragraph 1 of Schedule 1 to the Traffic Management Act 2004 (c.18), and subject to transitional provisions specified in article 6(4) and (5) of SI 2007/3174 by section 49(2) of the Traffic Management Act 2004 (c.18); section 56 was amended by paragraph 1 of Schedule 1 to the Traffic Management Act 2004 (c.18), and wording was amended subject to transitional provisions specified in article 5 of SI 2007/3174 by section 43 of the Traffic Management Act 2004 (c.18); section 56A was inserted subject to transitional provisions specified in article 4 of SI 2007/1890 and article 5 of SI 2007/3174 by section 44 of the Traffic Management Act 2004 (c.18); section 57 was amended by section 52(3) and paragraph 1 of Schedule 1 to the Traffic Management Act 2004 (c.18); section 58 was amended subject to transitional provisions specified in article 7 of SI 2007/3174 and article 6 of SI 2007/1890 by section 51 of the Traffic Management Act 2004 (c.18) and amended by paragraph 1 of Schedule 1 to the Traffic Management Act 2004 (c.18); section 58A was inserted subject to transitional provisions specified in article 7 in SI 2007/1890 and article 8 in 2007/3174 by section 52(1) of the Traffic Management Act 2004 (c.18); section 59 was amended by section 42 of Traffic Management Act 2004 (c.18); section 60 was amended by paragraph 1 of Schedule 1 to the Traffic Management Act 2004 (c.18); section 63 was amended by paragraph 118 of Schedule 1(2) to the Infrastructure Act 2015 (c.7); section 64 was amended by section 52(4) of the Traffic Management Act 2004 (c.18) and by paragraph 12 of Schedule 7 to the Road Traffic Act 1991 (c.40); section 65 was amended by paragraph 1 of Schedule 1 to the Traffic Management Act 2004 (c.18); section 66 was amended by paragraph 1 of Schedule 1 to the Traffic Management Act 2004 (c.18); section 67 was amended by paragraph 1 of Schedule 1 to the Traffic Management Act 2004 (c.18); section 68 was amended by paragraph 1 of Schedule 1 to the Traffic Management Act 2004 (c.18); section 69 was amended by paragraph 1 of Schedule 1 to the Traffic Management Act 2004 (c.18); section 70 was amended subject to transitional provisions specified in article 9 in SI 2007/3174 by section 54 of the Traffic Management Act 2004 (c.18) by section 40(3) of that same Act; section 71 was amended by paragraph 1 of Schedule 1 to the Traffic Management Act 2004 (c.18); section 74 was amended by sections 256(2), (3)(a), (3)(b), (4), (5), (6) and (7) of the Transport Act 2000 (c.38), sections 40(4) and 52(5) of the Traffic Management Act 2004 (c.18) and by paragraph 119 of Schedule 1(2) to the Infrastructure Act 2005 (c.7); section 74A was amended by section 255(1) of the Transport Act 2000 (c.38), section 40(4) of the Traffic Management Act 2004 (c.18) and by paragraphs 120(2) and 120(3) of Schedule 1(2) to the Infrastructure Act 2015 (c.7); section 74B was amended by section 255(1) of the Transport Act 2000 (c.38); Section 79 was amended by paragraph 1 of Schedule 1 to the Traffic Management Act 2004 (c.18); section 83 was amended by paragraph 1 of Schedule 1 to the Traffic Management Act 2004 (c.18); section 86 was added by paragraph 121 of Schedule 1(2) to the Infrastructure Act 2015 (c.7); section 88 was amended by sections 52(6) and 40(5) of the Traffic Management Act 2004 (c.18); section 89 was amended by section 52(7) of the Traffic Management Act 2004 (c.18) and by paragraph 57(1) of Schedule 1 to the Water Consolidation (Consequential Provisions) Act 1991 (c.60); section 92 was amended by paragraph 1 of Schedule 1 to the Traffic Management Act 2004 (c.18); section 93 was amended by section 49(3) of the Traffic Management Act 2004 (c.18); section 95A was inserted subject to transitional provisions specified in article 3 of SI 2007/1890 and article 3 of SI 2007/3174 by section 41(1) of the Traffic Management Act 2004 (c.18); section 106 was amended by section 41(2) of the Traffic Management Act 2004 (c.18) and by paragraph 122 of Schedule 1(2) of the Infrastructure Act 2015 (c.7). There are other amendments to the 1991 Act which are not relevant to this Order.

[^f00014]: 2008 c.29. Section 14 was amended by article 2(2) of the Infrastructure Planning (Waste Water Transfer and Storage) Order 2012/1645 and by articles 2(2)(a) and 2(2)(b) of the Infrastructure Planning (Radioactive Waste Geological Disposal Facilities) Order 2015/949; section 74 was amended by Localism Act 2011 (c.20) Schedule 25(20) paragraph 1 and Schedule 13(1) paragraph 29(3) of the Localism Act 2011 (c.20); section 83 was amended by paragraphs 35(2) and 35(3) of schedule 13(1) and paragraph 1 of section 25(20) to the Localism Act 2011; section 103 was amended by paragraph 48(4) of Schedule 13(1) and paragraph 1 of Schedule 25(20) to the Localism Act 2011; Section 104 was amended by paragraphs 49(2),(3)(a),(3)(b), (3)(c), (4), (5)(a), (5)(b), (6) and (7) of Schedule 13(1) to the Localism Act 2011, and by section 58(5) of the Marine and Coastal Access Act 2009 (c.23); section 114 was amended by paragraphs 55(2)(a), (2)(b) and (3) of Schedule 13(1) to the Localism Act 2011; section 115 was amended by paragraph 1 of Schedule 25(20) to the Localism Act 2011, section 160(2) to (6) of the Housing and Planning Act 2016 (c.22) and section 160(3) and (4) of the Wales Act 2017 (c.4); section 120 was amended by section 140 and paragraph 60(2) and (3) of Schedule 13(1) to the Localism Act 2011; section 122 was amended by paragraph 62 of Schedule 13(1) to the Localism Act 2011; section 125 was amended by paragraph 17 of Schedule 16 to the Housing and Planning Act 2016 (c.22); Section 127 was amended by section 23(2)(a), 23(2)(b) and 23(2)(c) of the Growth and Infrastructure Act 2013, (c.27) and by paragraph 64(2) of Schedule 13(1) to the Localism Act 2011; section 134 was amended by section 142(2)(a) and (3) and paragraph 1 of Schedule 25(21) to the Localism Act 2011 and paragraphs 6(1)(a) and 6(1)(b) of Schedule 1 to the Housing and Planning Act 2016 (Compulsory Purchase) (Corresponding Amendments) Regulations 2017/16; section 138 was amended by section 23(4)(a) to (c) of the Growth of Infrastructure Act 2013 (c.27); section 152 was amended by paragraph 293 of Schedule 1 to the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009/1307; section 161 was amended by paragraph 4(3) of Schedule 8(1) to the Marine and Coastal Access Act 2009 (c.23) and by paragraphs 41(3)(a) and 41(3)(b) of Schedule 4(1) to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015/664.

[^f00015]: S.I. 2016/1154.

[^f00016]: 1981. c.67. Section 7 was amended by paragraph 9 of Schedule 15(I) to the Planning and Compensation Act 1991 (c.34). Paragraph 3 in Part III of Schedule 2 was amended by Schedule 1 to S.I. 2009/1307. There are other amendments to section 7 which are not relevant to this Order.

[^f00017]: 2003 c.21. Section 106 was amended by section 4, subsections (4) to (9) of the Digital Economy Act 2017 (c.30); section 151(1) was amended by Schedule 1 to the Electronic Communications and Wireless Telegraphy Regulations (S.I. 2011/1210), and Schedule 3A was inserted by paragraph 1 of Schedule 1 to the Digital Economy Act 2017 and regulations 3 and 4 of S.I. 2017/1008.

[^f00018]: 2004 c.18. There are amendments to this Act not relevant to this Order.

[^f00019]: 1991 c.56. Section 106 was amended by sections 43(2) and 35(8)(a) and paragraph 1 of Schedule 2 to the Competition and Service (Utilities) Act 1992 (c.43) and sections 99(2) to (5) and 36(2) of the Water Act 2003 (c.37).

[^f00020]: 1991 c.57 as amended by S.I. 2009/3104.

[^f00021]: 1981 c.66. Section 4 was amended by sections 184, 185 and paragraph 2 of Schedule 18(1) to, the Housing and Planning Act 2016 (c.22). There are further amendments to that Act made by the Housing and Planning Act 2016 that are relevant to the amendment of section 4.

[^f00022]: 2017 c.20.

[^f00023]: 2017 c.20.

[^f00024]: S.I. 1997/1160.

[^f00025]: 1990 c.43. Section 82 was amended by section 103 of the Clean Neighbourhoods and Environment Act 2005 (c.16); section 79 was amended by sections 101 and 102 of the same Act. There are other amendments not relevant to this Order.

[^f00026]: 1974 c.40. Section 60 was amended by section 7(3)(a)(4)(g) of the Public Health (Control of Disease) Act 1984 (c.22) and section 112(1)(3), paragraphs 33 and 35 of Schedule 17, and paragraph 1(1)(xxvii) of Schedule 16 to the 1989 Act; section 61 was amended by section 133(2) and Schedule 7 to the Building Act 1984 (c.55), Schedule 24 to the Environment Act 1995 (c.25), and section 162(1) of and paragraph 15(3) of Schedule 15 to the Environmental Protection Act 1990 (c.43). There are other amendments not relevant to this Order.

[^f00027]: 1978 c.30. Section 7 was amended by section 144 and paragraph 19 of Schedule 10 to the Road Traffic Regulation Act 1984 (c.27). There are other amendments not relevant to this Order.

[^f00028]: 1971 c.80. This Act has been amended on several occasions but none of the amendments are relevant.

[^f00029]: 1973 c.26.

[^f00030]: The protective provisions within this Schedule are draft protective provisions and are being discussed with the relevant statutory undertaker.

[^f00031]: 1991 c.56; Section 51A to the 1991 Act was inserted by section 92(1) of the Water Act 2003 (c.37) and amended by sections 10(2)(a), 10(2)(b) and 10(2)(c) of the Water Act 2014 (c.21).

[^f00032]: 1991 c.56. Section 102 was amended by sections 96(1)(a), 96(1)(b), 96(1)(c), 96(1)(d) and 96(1)(e) of the Water Act 2003 c.37 and paragraph 90 of Schedule 7 to the Water Act 2014 c.21. Section 104 was amended by section 96(4) and paragraph 9 of Schedule 1 to the Water Act 2003, section 42(3) of the Flood and Water Management Act 2010 (c.29) and section 11(2) of the Water Act 2014 (c.21).

[^f00033]: 2003 c.21 as amended by the Digital Economy Act 2017 (c.30).

[^f00034]: These amendments were made by Schedule 1 of the Digital Economy Act 2017 (c.30).

[^f00035]: 1991 c.56. Section 219 was amended by paragraph 110 of Schedule 17 of the Communications Act 2003

[^f00036]: 1991 c.56.

Editorial notes

[^key-ecde6ed9c8dcbae8fea77ac30af3d345]: Art. 1 in force at 10.10.2019, see art. 1

[^key-ac8447ee9b4e6d918b72da646810bbaa]: Art. 2 in force at 10.10.2019, see art. 1

[^key-2018ba92af565a4d5e66205ec3fe9095]: Art. 3 in force at 10.10.2019, see art. 1

[^key-e713949fc02ac312a33ff86c185aa49c]: Art. 4 in force at 10.10.2019, see art. 1

[^key-9336aa80bcd1a7879cad8af1fbc33c9b]: Art. 5 in force at 10.10.2019, see art. 1