The Viking CCS Carbon Dioxide Pipeline Order 2025

Type Statutory-Instrument
Publication 2025-04-09
Last updated 2025-08-20
State In force
Department King's Printer of Acts of Parliament
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  • (2) The fact that any act or thing may have been done by Air Products on behalf of the undertaker or in accordance with a plan approved by Air Products or in accordance with any requirement of Air Products or under its supervision will not (unless sub-paragraph ‎(3) applies), excuse the undertaker from liability under the provisions of sub-paragraph ‎(1) unless Air Products fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan.
  • (3) Nothing in sub-paragraph ‎(1) shall impose any liability on the undertaker in respect of—
  • (a) any damage or interruption to the extent that it is attributable to the neglect or default of Air Products, its officers, servants, contractors or agents; and/or
  • (b) any indirect or consequential loss of Air Products or any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption which is not reasonably foreseeable.
  • (4) Air Products must give the undertaker reasonable notice of any claim or demand under sub-paragraph ‎(1) and no settlement or compromise of such a claim or demand is to be made without first consulting the undertaker and considering their representations.
  • (5) Air Products must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, use reasonable endeavours to mitigate its loss.
  • (6) Air Products must use its reasonable endeavours to mitigate any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies where it is within Air Products’ reasonable ability and control to do so and which expressly excludes any obligation to mitigate liability arising from third parties which is outside of Air Products’ control.

Expert Determination

194

  • (1) Except as provided for in sub-paragraph ‎(7), article 48 (arbitration) does not apply to this Part of this Schedule.
  • (2) Any difference under this Part of this Schedule must be referred to and settled by a single independent and suitable person who holds appropriate professional qualifications and is a member of a professional body relevant to the matter in dispute acting as an expert, such person to be agreed by the differing parties or, in the absence of agreement, identified by the President of the Institution of Civil Engineers.
  • (3) All parties involved in settling any difference must use best endeavours to do so within 21 days from the date of a dispute first being notified in writing by one party to the other and in the absence of the difference being settled within that period the expert must be appointed within 28 days of the notification of the dispute.
  • (4) The fees of the expert are payable by the parties in such proportions as the expert may determine or, in the absence of such determination, equally.
  • (5) The expert must—
  • (a) invite the parties to make submissions to the expert in writing and copied to the other party to be received by the expert within 21 days of the expert’s appointment;
  • (b) permit a party to comment on the submissions made by the other party within 21 days of receipt of the submission;
  • (c) issue a decision within 42 days of receipt of the submissions under sub-paragraph ‎(5)‎(b); and
  • (d) give reasons for the decision.
  • (6) The expert must consider where relevant—
  • (a) the development outcome sought by the undertaker;
  • (b) the ability of the undertaker to achieve its outcome in a timely and cost-effective manner;
  • (c) the nature of the power sought to be exercised by the undertaker;
  • (d) the nature of any operation or development undertaken or proposed to be undertaken by any party other than the undertaker;
  • (e) the ability of any party other than the undertaker to undertake a relevant operation or development in a timely and cost-effective manner, while giving consideration to any restriction or limitation which might be caused to the ability of any party to carry out their statutory or regulatory duties, requirements or obligations;
  • (f) the effects of the undertaker’s proposals on any party other than the undertaker and the effects of any operation or development undertaken by any party other than the undertaker;
  • (g) whether this Order provides any alternative powers by which the undertaker could reasonably achieve the development outcome sought in a manner that would reduce or eliminate adverse effects on any party other than the undertaker;
  • (h) the effectiveness, cost and reasonableness of proposals for mitigation arising from any party; and
  • (i) 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 48 (arbitration).

Notices

195

  • (1) Air Products must as soon as reasonably practicable following a written request from the undertaker provide details of the Air Products address and Air Products email.
  • (2) A notice or other document required or authorised to be served on Air Products under this Part of this Schedule must be served—
  • (a) by post to the Air Products address; and
  • (b) by electronic transmission to the Air Products email,

or to such other postal or electronic mail address which Air Products may from time to time notify to the undertaker.

  • (3) In the event that Air Products do not provide the Air Products address and Air Products email within 14 days of the undertaker’s request pursuant to sub-paragraph (1) then sub-paragraph ‎(2) does not apply and the undertaker must serve any notice or document on Air Products at its registered office.

PART 14 — FOR THE PROTECTION OF UNIPER UK LIMITED

196

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

197

In this part of this Schedule—

  • acceptable credit provider” means a bank or financial institution with a credit rating that is not lower than: (i) “A-” if the rating is assigned by Standard & Poor’s Ratings Group or Fitch Ratings; and (ii) “A3” if the rating is assigned by Moody’s Investors Services Inc.;
  • acceptable insurance” means a third party liability insurance effected and maintained by the undertaker or its contractor with a limit of indemnity of not less than £50,000,000 (fifty million pounds) per occurrence or series of occurrences arising out of one event or such lower amount as approved by Uniper, whether arising pursuant to the undertaker or any person on its behalf. Such insurance must be maintained for the construction and operational period of the authorised development which constitute specified works and arranged with an internationally recognised insurer of repute operating in the London and worldwide insurance market underwriters whose security/credit rating meets the same requirements as an “acceptable credit provider” (including any replacement insurance pursuant to sub-paragraph 205(6)), such policy must include—a waiver of subrogation and an indemnity to principal clause in favour of Uniper; andcontractors’ pollution liability for third party property damage and third party bodily damage arising from pollution, contamination or environmental harm with cover of £10,000,000 (ten million pounds) per event or £20,000,000 (twenty million pounds) in aggregate;
  • acceptable security” means either—a parent company guarantee from a parent company in favour of Uniper to cover the undertaker’s liability to Uniper to a cap of not less than £10,000,000 (ten million pounds) per asset per event up to a total liability cap of £25,000,000 (twenty five million pounds) (in a form reasonably satisfactory to Uniper and where required by Uniper, accompanied with a legal opinion confirming the due capacity and authorisation of the parent company to enter into and be bound by the terms of such guarantee) including any replacement parent company pursuant to sub-paragraph 205(6); ora bank bond or letter of credit from an acceptable credit provider in favour of Uniper to cover the undertaker’s liability to Uniper for an amount of not less than £10,000,000 (ten million pounds) per asset per event up to a total liability cap of £25,000,000 (twenty-five million pounds) (in a form reasonably satisfactory to Uniper) which includes any replacement bank bond or letter of credit pursuant to sub-paragraph 205(6);
  • alternative apparatus” means alternative apparatus to the satisfaction of Uniper to enable Uniper to fulfil its functions in a manner no less efficient than previously;
  • apparatus” means—any fixed and moveable items, which forms, or may form, part of Uniper’s system, including cavities, chambers, pipelines, valves, ventilators, pumps, compressors, pumping or compression systems, control systems and any associated cables (including high voltage, low voltage and datacoms) and any equipment in which electrical conductors are used, supported, or otherwise form, or may form, part of the system, cathodic protection systems, roads, compounds and equipment owned by Uniper;any other equipment or apparatus belonging to or maintained by Uniper or apparatus and such other equipment or apparatus constructed that becomes operational for the purposes of Uniper’s functions including any structure in which equipment or apparatus is, or will be, lodged or which gives, or will give, access to apparatus; orany replacement equipment or apparatus as required or determined by Uniper;
  • “as-built” records” means each as-built record or document prepared by the undertaker or delivered to the undertaker by its subcontractors or any other person carrying out the specified works;
  • authorised development” has the same meaning as in article 2 of this Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised development and construction of any works authorised by this Part of this Schedule;
  • commence” has the same meaning as in article 2 of this Order and commencement will be construed to have the same meaning save that for the purposes of this Part of the Schedule the terms commence and commencement include site preparation works, remediation works, environmental (including archaeological) surveys and investigation, site, utility or soil survey, erection of temporary fencing to site boundaries or marking out of site boundaries, installation of temporary amphibian and reptile fencing, the diversion or laying of services or environmental mitigation measures and any such temporary accesses that may be required in association with these;
  • confidential information” means information exchanged during the negotiation or performance of this Part of this Schedule, which is identified in writing by the furnishing party as being confidential at the time of disclosure to the other party;
  • emergency works” has the meaning given to it in section 52 of the 1991 Act;
  • good industry practice” means exercising the degree of skill, diligence, prudence, foresight and care reasonably expected of a skilled and experienced solar developer, which includes obtaining all necessary permits and compliance with any safety rules;
  • functions” includes powers and duties;
  • “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;
  • insolvency related event” means, in respect of any person, any step, process, application, filing in court, order, proceeding, notice or appointment is taken or made by or in respect of such person in relation to the Insolvency Act 1986 special resolution regime or for a moratorium, composition, compromise or arrangement with creditors, administration, liquidation (other than for the purposes of amalgamation or reconstruction), dissolution, receivership (administrative or otherwise), distress (or the taking control of goods procedure set out in the Tribunals, Courts and Enforcement Act 2007) or execution in any jurisdiction or such person becomes insolvent or is unable or is deemed unable to pay its debts, suspends making payments on its debts, as they fall due in accordance with the law of any application jurisdiction;
  • “maintain” and “maintenance” includes the ability and right to do any of the following in relation to any apparatus or alternative apparatus of Uniper including retain, lay, construct, use, maintain, repair, protect, access, alter, inspect, renew, replace, enlarge, decommission or remove the apparatus or alternative apparatus;
  • parent company” means—a parent company of the undertaker acceptable to and which must have been approved by Uniper acting reasonably; orwhere a parent company is subject to an insolvency related event, a replacement parent company approved by Uniper acting reasonably;
  • “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and mitigation measures (including but not limited to integrity reports), earthing philosophies, proposed land and road crossings and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;
  • representative” means Uniper’s directors, officers, employees, agents, consultants and advisers;
  • specified works” means any of the authorised development or activities undertaken in association with the authorised development which—will or may be situated over, under, across, along, upon or within 15 metres measured in any direction of any apparatus, excluding any high pressure pipelines to which sub-paragraph (b) below shall apply;will or may be situated over, under, across, along, upon or within 50 metres measured in any direction of any high pressure pipeline; ormay in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 203 or otherwise;
  • Uniper” means Uniper UK Limited incorporated in England with company number 02796628 and Uniper UK Gas Limited incorporated in England with company number 02436332 and whose registered office is at Compton House 2300 The Crescent, Birmingham Business Park, Birmingham, England, B37 7YE.

198

Except for paragraphs 199 (apparatus of Uniper in temporarily closed, altered or diverted streets), 202 (retained apparatus), 203 (removal or replacement of apparatus), 204 (expenses) and 205 (indemnity) of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of Uniper, the other provisions of this Part of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and Uniper are regulated by the provisions of Part 3 of the 1991 Act.

Apparatus of Uniper in temporarily closed, altered or diverted streets

199

Regardless of the temporary closure, alteration or diversion of any street under the powers of article 13 (temporary restriction of use of streets), Uniper is at liberty at all times to take all necessary access across any such temporarily closed, altered or diverted street and to execute and do all such works and things in, upon or under any such street as it would have been entitled to do immediately before such temporary closure, alteration or diversion in respect of any apparatus which at the time of the temporary closure, alteration or diversion was in that street.

Protective works to buildings

200

The undertaker, in the case of the powers conferred by article 21 (protective work to buildings), must exercise those powers in accordance with paragraph 202 of this Part of this Schedule, so as not to obstruct or render less convenient the access to any apparatus or alternative apparatus.

Acquisition of land

201

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 with Uniper.

Retained apparatus

202

  • (1) Not less than 56 days before the commencement of the execution of any specified works the undertaker must submit to Uniper at the address stated in paragraph 210, a plan in respect of those works.
  • (2) The plan to be submitted to Uniper under sub-paragraph (1) must include all comprehensive risk assessments (including any quantitative risk assessments) and any method statement 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;
  • (f) any changes to the land drainage systems, temporary crossing designs, traffic management plans, health and safety management plans, emergency response plans, planned changes or rerouting of any assets and their corresponding design codes, earth schedules and earthing risk assessments;
  • (g) any recommendations or mitigation measures to avoid interference with, or loss or damage to the apparatus (including damage caused by passing over the apparatus by heavy construction machinery) and related remedies should such mitigation measures fail;
  • (h) any intended maintenance regimes; and
  • (i) a programme of the works, including any proposed start dates and the anticipated duration of the works.
  • (3) The undertaker must not commence any works to which sub-paragraphs (1) and (2) apply until Uniper has given written approval of the plan so submitted and the undertaker and Uniper have used reasonable endeavours to carry out a joint site walk in the period 4 weeks before commencement of the works. The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by Uniper, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under this Part of this Schedule.
  • (4) Any approval of Uniper required under sub-paragraph (3)—
  • (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (5) or (8); and
  • (b) must not be unreasonably withheld or delayed.
  • (5) In relation to any work to which sub-paragraphs (1) or (2) apply, the undertaker must provide any additional information or documentation as reasonably requested by Uniper and Uniper may require modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.
  • (6) Works to which this paragraph applies must only be executed in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (4) and (5), as approved or as amended from time to time by agreement between the undertaker and Uniper and in accordance with all conditions imposed under sub-paragraph (4)(a) by Uniper for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Uniper (or its representative) is entitled to attend any meetings related to the specified works and watch, monitor and inspect the execution of those works.
  • (7) If, during the carrying out of the authorised development, any aspect of it poses a risk of interference with or loss or damage to the apparatus, the undertaker must immediately notify Uniper, in writing, and submit a revised plan in respect of the affected works to Uniper for approval, and the provisions of this paragraph 202 (retained apparatus) will apply to, and in respect of, the revised plan. If Uniper (or its representative) identifies a potential risk of interference with or loss or damage to the apparatus while watching, monitoring or inspecting the execution of the specified works, then Uniper (or its representative) may request suspension of such works. The undertaker must then submit a revised plan in respect of the affected works to Uniper for approval, and the provisions of this paragraph 202 (retained apparatus) will apply to, and in respect of, the revised plan. Uniper’s (or its representative’s) failure or delay in exercising this right, or the undertaker’s failure to suspend the specified works upon request by Uniper (or its representative), will not relieve the undertaker of its responsibility for any interference with, loss of, or damage to the apparatus.
  • (8) Where Uniper requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to Uniper’s satisfaction (acting reasonably).
  • (9) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the specified works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan.
  • (10) The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works, provided that—
  • (a) in respect of danger to persons it must give to Uniper notice as soon as is reasonably practicable by calling Uniper’s emergency telephone line on 0800 389 4795 or such other telephone number notified by Uniper to the undertaker in writing; and
  • (b) in respect of danger to property it must notify Uniper in accordance with sub-paragraph (a) above, before any emergency works are commenced by or on behalf of the undertaker, and, in each case, as soon as is reasonably practicable give to Uniper a plan of those works and must—
  • (i) comply with sub-paragraphs (5), (6), (7) and (8) insofar as is reasonably practicable in the circumstances; and
  • (ii) comply with sub-paragraph (11) at all times.
  • (11) At all times when carrying out any works authorised under the Order the undertaker must comply with, and use reasonable endeavours to procure compliance by any party acting on its behalf with, all applicable law and good industry practice. The undertaker must procure that any party carrying out any works on the land on its behalf has knowledge of the apparatus, its location (including as illustrated by a site map) and procure that the obligations contained in this Part of this Schedule are adhered to by such parties working on the land on its behalf.
  • (12) The undertaker must prepare, and keep up-to-date, a complete set of red-lined “as-built” records of the execution of the specified works, showing the exact as-built locations, sizes and details of such works as executed. The undertaker must submit to Uniper, no later than twenty (20) business days after the completion of the specified works, all “as-built” records. Uniper may specify the number of copies of any “as built” records acting reasonably.

Removal or replacement of apparatus

203

  • (1) The undertaker is not permitted to remove, move or replace any apparatus in land without the prior written consent of Uniper (such consent not to be unreasonably withheld or delayed).
  • (2) If, in the exercise of the powers conferred by the Order, the undertaker has exercised its compulsory purchase powers to acquire any interest in or possesses temporarily any Order land in which any apparatus is placed and has the power to move, replace or remove that apparatus, it must not do so under this Part of this Schedule and any right of Uniper to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of Uniper in accordance with sub-paragraphs (3) to (6) inclusive.
  • (3) If, for the purpose of executing any specified works in, on, under or over any land held, appropriated or used under this Order pursuant to exercising its compulsory purchase powers the undertaker requires the replacement or removal of any apparatus placed in that land it must give to Uniper no less than 56 days’ advance written notice of that requirement, together with a plan of the work proposed, and where applicable, the proposed replacement apparatus or the position of any alternative apparatus to be provided or constructed and in that case provided that where—
  • (a) the undertaker requires the replacement of any apparatus placed in that land, it must be replaced with identical apparatus, provided that if identical apparatus is not available, it must be either—
  • (i) replaced with apparatus on a similar or equivalent basis (i.e. like-for-like basis); or
  • (ii) where it cannot be replaced on a similar or equivalent basis, then it must be replaced with enhanced apparatus. For the avoidance of doubt, no apparatus may be replaced with anything less advanced than the apparatus being replaced;
  • (b) the undertaker requires the removal of any apparatus placed in that land (or if in consequence of the exercise of any of the powers conferred by this Order Uniper reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (4), secure any necessary consents for the alternative apparatus and afford to Uniper to its satisfaction the necessary facilities and rights for the construction of alternative apparatus in other land of or land secured by the undertaker and subsequently for the maintenance of that apparatus, and prior to any removal or any replacement of the apparatus pursuant to this paragraph 203, the parties must agree the value attributable to such apparatus or alternative apparatus, prior to any replacement or removal. If such value cannot be agreed between the parties, such value will be determined in accordance with paragraph 209 (arbitration).
  • (4) If alternative apparatus or any part of such apparatus is to be constructed elsewhere other than in land of or land secured by the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (3), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the undertaker must take all steps required in the circumstances to assist Uniper to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.
  • (5) Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the undertaker and Uniper.
  • (6) Uniper must, after the alternative apparatus to be provided or constructed has been agreed, and subject to a written agreement having been entered into between the parties and the grant to Uniper of any such facilities and rights as are referred to in sub-paragraph (3) or (4), 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.

Expenses

204

  • (1) Subject to the following provisions of this paragraph, the undertaker must pay to Uniper within 30 days of receipt of an invoice, all charges, costs and expenses reasonably anticipated or incurred by Uniper in, or in connection with, the inspection, removal, relaying or replacing, alteration, repair, remediation or restoration of or protection of any apparatus or alternative apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any powers conferred on the undertaker, pursuant to the Order (including in the execution of any authorised development as is referred to in this Part of this Schedule) including—
  • (a) in connection with the cost of the carrying out of any assessment of Uniper’s apparatus under Pipelines Safety Regulations 1996 and Gas Safety (Management) Regulations 1996 reasonably necessary as a consequence of the authorised development;
  • (b) implementing any mitigation measures required as a result of any assessment referred to in sub-paragraph (a) reasonably necessary as a consequence of the authorised development;
  • (c) the approval of plans;
  • (d) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works; and
  • (e) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule.
  • (2) For the purposes of calculating the sums payable pursuant to sub-paragraph (1) above, in the case of the replacement or removal of apparatus, the following applies—
  • (a) where apparatus is removed under the provisions of this Part of this Schedule and which will not be re-used as part of the apparatus or alternative apparatus, there will be excluded from any sum payable under sub-paragraph (1) the value of the apparatus being removed; and
  • (b) subject to sub-paragraph 203(3)(a), when replacing existing apparatus, there will be deducted from any sum payable under sub-paragraph (1) the value of that apparatus being removed under the provisions of this Part of this Schedule and which is not re-used as part of the apparatus or alternative apparatus, except that the value of any apparatus or alternative apparatus used to replace the apparatus being removed will be included in the sum payable under sub-paragraph (1), such value being agreed between the parties (or as determined in accordance with paragraph 209 (arbitration) prior to any removal or replacement of the apparatus, provided that, in each case, all charges, costs and expenses reasonably incurred, or reasonably anticipated to be incurred, by Uniper in, or in connection with the works required for the removal or replacement of such apparatus will be included in the sum payable under sub-paragraph (1).
  • (3) If, in accordance with sub-paragraph 204(2) of this Part of this Schedule, any existing apparatus is replaced with enhanced apparatus where the undertaker’s consent has not been obtained by Uniper (or where disputed in accordance with paragraph 209 (arbitration), decided not to be necessary), then, if the construction expenses for this replacement surpass the construction expenses that would have been paid for similar or equivalent apparatus then any excess costs will be borne by Uniper, except where it is not possible to obtain similar or equivalent apparatus, full costs will be payable by the undertaker.
  • (4) Any amount which is payable to Uniper 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 Uniper any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Indemnity

205

  • (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the authorised development 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 them) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any loss or damage is caused to any apparatus, alternative apparatus or property of Uniper, or there is any interruption in any services provided, or in the supply of any goods, or in the use of the apparatus or alternative apparatus (as applicable) by Uniper, the undertaker must—
  • (a) bear and pay the costs reasonably and properly incurred by Uniper in making good such loss or damage or in restoring the supply or its use;
  • (b) make compensation to Uniper for any other expenses, loss, damages, penalty or costs incurred by Uniper, by reason or in consequence of any such loss, damage or interruption; and
  • (c) indemnify Uniper for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from Uniper, by reason or in consequence of any such damage or interruption or Uniper becoming liable to any third party (an “Indemnity Claim”).
  • (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to—
  • (a) any damage or interruption to the extent that it is attributable to the act, neglect or default of Uniper or its representatives; or
  • (b) any indirect or consequential loss of any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption which is not reasonably foreseeable.
  • (3) Uniper must give the undertaker reasonable notice of an Indemnity Claim and no settlement or compromise is to be made that is prejudicial to the undertaker without the consent of the undertaker (not to be unreasonably withheld) which, if it withholds such consent, it will assume the sole conduct of the Indemnity Claim, provided that if the undertaker does not assume the sole conduct of the Indemnity Claim within 30 days of the Indemnified Claim being notified to it, Uniper, or a person designated by Uniper, may conduct the Indemnity Claim in such manner as it may deem appropriate and the undertaker will indemnify Uniper for any costs and expenses incurred in connection with defending any such Indemnity Claim.
  • (4) The undertaker must assist Uniper, as requested, in connection with an Indemnity Claim (including circumstances where Uniper reasonably believes may give rise to an action, claim or demand by a third party).
  • (5) The undertaker undertakes not to commence construction (and not to permit the commencement of such construction) of the authorised development on any land owned by Uniper or in respect of which Uniper has an easement, wayleave or lease for its apparatus or any other interest or to carry out any works within 15 metres of Uniper’s apparatus (except in respect of any high pressure pipelines) or within 50 metres of Uniper’s high pressure pipelines until the following conditions are satisfied—
  • (a) unless and until Uniper is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker has first provided the acceptable security (and provided evidence that it will maintain such acceptable security for the construction period of the authorised development from the proposed date of commencement of construction of the authorised development) and Uniper has confirmed the same to the undertaker in writing; and
  • (b) unless and until Uniper is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker has procured acceptable insurance (and provided evidence to Uniper that it will maintain such acceptable insurance for the construction period of the authorised development from the proposed date of commencement of construction of the authorised development) and Uniper has confirmed the same in writing to the undertaker.
  • (6) The undertaker agrees that if, at any time, the acceptable security or acceptable insurance expires or terminates, ceases to fulfil the criteria of acceptable security or acceptable insurance, ceases to be in full force and effect or becomes invalid or unenforceable for the purpose of this Part of this Schedule or an insolvency-related event occurs in respect of the undertaker, then the relevant security or insurance will no longer constitute acceptable security or acceptable insurance and will promptly be replaced by the undertaker with alternative acceptable security or acceptable insurance as approved by the undertaker, to the extent any acceptable insurance and acceptable security is still required under this Part of this Schedule.
  • (7) In the event that the undertaker fails to comply with sub-paragraph (4) nothing in this Part of this Schedule will prevent Uniper from seeking injunctive relief (or any other equitable remedy) in any court of competent jurisdiction.
  • (8) Uniper must use its reasonable endeavours to mitigate and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies where it is within Uniper’s reasonable ability and control to do so and which expressly excludes any obligation to mitigate liability arising from third parties which is outside of Uniper’s control and if reasonably requested to do so by the undertaker Uniper must provide an explanation of how the claim has been minimised, where relevant.

Co-operation

206

  • (1) Where in consequence of the proposed construction of any of the authorised development, Uniper makes requirements for the protection or alteration of apparatus under paragraphs 202(5) or 202(7), the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe, efficient and economic operation of Uniper’s apparatus and Uniper must use its best endeavours to cooperate with the undertaker for that purpose.
  • (2) Where Uniper’s consent, agreement or approval is required in relation to plans, documents or other information submitted by Uniper or the taking of action by Uniper, it must not be unreasonably withheld or delayed.

Access

207

If in consequence of the agreement reached in accordance with paragraph 201(1) of this Part or otherwise as granted by this Order the access to any apparatus (including appropriate working areas required to reasonably and safely undertake necessary works by Uniper (or representative) in respect of the apparatus) is materially obstructed, the undertaker must provide such alternative rights and means of access to such apparatus as will enable Uniper (or its representative) to maintain or use the apparatus no less effectively than was possible before such obstruction. For the avoidance of doubt, Uniper (or its representative) will be entitled to access its apparatus in the land at all times.

Confidentiality

208

  • (1) Each party must treat any confidential information as private and confidential. The party in receipt of any confidential information from the other party may not use it for a purpose other than for the performance of its obligations under this Part of this Schedule and must not disclose confidential information received from the other party to any person, provided that a party may disclose confidential information to any of its directors, other officers, employees, contractors, customers, affiliates, insurers, funders, advisers or consultants to the extent that disclosure is reasonably necessary for the purposes of this Part of this Schedule.
  • (2) Sub-paragraph (1) does not apply to confidential information—
  • (a) which is at the date of commencement, or at any time after that date becomes, publicly known other than by breach of sub-paragraph (1);
  • (b) which was known by the receiving party before disclosure by the other party to the receiving party, provided that such confidential information was lawfully obtained; or
  • (c) to the extent disclosure of the confidential information is required by law, the instructions of a competent governmental authority or such competent authority acting on behalf of such governmental authority, or the rules of a relevant and recognised stock exchange.

Arbitration

209

Any difference or dispute arising between the undertaker and Uniper under this Part of this Schedule must be determined by arbitration in accordance with article 48 (arbitration) unless otherwise agreed between those parties acting reasonably.

Notices

210

Any notice, statement, request, plan or any other written communication (including the plan to be provided at paragraph 202) to be given or made in respect of this Part of this Schedule by the undertaker must be given or made in writing to the address stated below or such other address as Uniper may have notified to the undertaker from time to time.

Name - Uniper Pipelines Team

Address - Pipelines Office, Uniper Killingholme Power Station, Chase Hill Road, Killingholme, North Lincolnshire, DN40 3LU

Contact - Lead Pipeline Engineer

SCHEDULE 10 — Arbitration rules

Primary objective

1

  • (1) The primary objective of these arbitration rules is to achieve a fair, impartial, final and binding award on the substantive difference between the parties (save as to costs) within 4 months from the date the arbitrator is appointed pursuant to article 48 (arbitration) of this Order.
  • (2) The parties will first use their reasonable endeavours to settle a dispute amicably through negotiations undertaken in good faith by the senior management of the parties. Any dispute which is not resolved amicably by the senior management of the parties within 20 business days of the dispute arising, or such longer period as agreed in writing by the parties, will be subject to arbitration in accordance with the terms of this Schedule.
  • (3) The arbitration will be deemed to have commenced when a party (“the claimant”) serves a written notice of arbitration on the other party (“the respondent”).

Time periods

2

  • (1) All time periods in these arbitration rules will be measured in business days and this will exclude weekends, bank and public holidays.
  • (2) Time periods will be calculated from the day after the arbitrator is appointed which will be either—
  • (a) the date the arbitrator notifies the parties in writing of his/her acceptance of an appointment by agreement of the parties; or
  • (b) the date the arbitrator is appointed by the Secretary of State.

Timetable

3

  • (1) The timetable for the arbitration will be that set out in sub-paragraphs (2) to (4) below unless amended in accordance with paragraph 5(3).
  • (2) Within 15 days of the arbitrator being appointed, the claimant must provide both the respondent and the arbitrator with—
  • (a) a written statement of claim which describes the nature of the difference between the parties, the legal and factual issues, the claimant’s contentions as to those issues, and the remedy it is seeking; and
  • (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports.
  • (3) Within 15 days of receipt of the claimant’s statements under sub-paragraph (2) by the arbitrator and respondent, the respondent must provide the claimant and the arbitrator with—
  • (a) a written statement of defence responding to the claimant’s statement of claim, its statement in respect of the nature of the difference, the legal and factual issues in the claimant’s claim, its acceptance of any element(s) of the claimant’s claim, its contentions as to those elements of the claimant’s claim it does not accept;
  • (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports; and
  • (c) any objections it wishes to make to the claimant’s statements, comments on the claimant’s expert report(s) (if submitted by the claimant) and explanations for the objections.
  • (4) Within five days of the respondent serving its statements sub-paragraph (3), the claimant may make a statement of reply by providing both the respondent and the arbitrator with—
  • (a) a written statement responding to the respondent’s submissions, including its reply in respect of the nature of the difference, the issues (both factual and legal) and its contentions in relation to the issues;
  • (b) all statements of evidence and copies of documents in response to the respondent’s submissions;
  • (c) any expert report in response to the respondent’s submissions;
  • (d) any objections to the statements of evidence, expert reports or other documents submitted by the respondent; and
  • (e) its written submissions in response to the legal and factual issues involved.

Procedure

4

  • (1) The arbitrator will make an award on the substantive difference based solely on the written material submitted by the parties unless the arbitrator decides that a hearing is necessary to explain or resolve any matters.
  • (2) Either party may, within two days of delivery of the last submission, request a hearing giving specific reasons why it considers a hearing is required.
  • (3) Within five days of receiving the last submission, the arbitrator will notify the parties whether a hearing is to be held and the length of that hearing.
  • (4) Within 10 days of the arbitrator advising the parties that he will hold a hearing, the date and venue for the hearing will be fixed by agreement with the parties, save that if there is no agreement the arbitrator must direct a date and venue which he considers is fair and reasonable in all the circumstances. The date for the hearing must not be less than 35 days from the date of the arbitrator’s direction confirming the date and venue of the hearing.
  • (5) A decision will be made by the arbitrator on whether there is any need for expert evidence to be submitted orally at the hearing. If oral expert evidence is required by the arbitrator, then any expert(s) attending the hearing may be asked questions by the arbitrator.
  • (6) There will be no process of examination and cross-examination of experts, but the arbitrator will invite the parties to ask questions of the experts by way of clarification of any answers given by the expert(s) in response to the arbitrator’s questions. Prior to the hearing the procedure for the expert(s) will be that—
  • (a) at least 20 days before a hearing, the arbitrator will provide a list of issues to be addressed by the expert(s);
  • (b) if more than one expert is called, they will jointly confer and produce a joint report or reports within 10 days of the issues being provided; and
  • (c) the form and content of a joint report will be as directed by the arbitrator and must be provided at least five days before the hearing.
  • (7) Within 10 days of a hearing or a decision by the arbitrator that no hearing is to be held the parties may by way of exchange provide the arbitrator with a final submission in connection with the matters in dispute and any submissions on costs. The arbitrator will take these submissions into account in the award.
  • (8) The arbitrator may make other directions or rulings as considered appropriate in order to ensure that the parties comply with the timetable and procedures to achieve an award on the substantive difference within four months of the date on which they are appointed, unless both parties otherwise agree to an extension to the date for the award.
  • (9) If a party fails to comply with the timetable, procedure or any other direction then the arbitrator may continue in the absence of a party or submission or document, and may make a decision on the information before them attaching the appropriate weight to any evidence submitted beyond any timetable or in breach of any procedure and/or direction.
  • (10) The arbitrator’s award must include reasons. The parties will accept that the extent to which reasons are given is to be proportionate to the issues in dispute and the time available to the arbitrator to deliver the award.

Arbitrator’s powers

5

  • (1) The arbitrator has all the powers of the Arbitration Act 1996, including the non-mandatory sections, save where modified by this Schedule.
  • (2) There will be no discovery or disclosure, except that the arbitrator has the power to order the parties to produce such documents as are reasonably requested by another party no later than the statement of reply, or by the arbitrator, where the documents are manifestly relevant, specifically identified and the burden of production is not excessive. Any application and orders should be made by way of a redfern schedule without any hearing.
  • (3) Any time limits fixed in accordance with this procedure or by the arbitrator may be varied by agreement between the parties, subject to any such variation being acceptable to and approved by the arbitrator. In the absence of agreement, the arbitrator may vary the timescales and/or procedure—
  • (a) if the arbitrator is satisfied that a variation of any fixed time limit is reasonably necessary to avoid a breach of the rules of natural justice and then;
  • (b) only for such a period that is necessary to achieve fairness between the parties.
  • (4) On the date the award is made, the arbitrator will notify the parties that the award is completed, signed and dated, and that it will be issued to the parties on receipt of cleared funds for the arbitrator’s fees and expenses.

Costs

6

  • (1) The costs of the arbitration will include the fees and expenses of the arbitrator, the reasonable fees and expenses of any experts and the reasonable legal and other costs incurred by the parties for the arbitration.
  • (2) Subject to sub-paragraph (3), the arbitrator will award recoverable costs on the general principle that each party should bear its own costs.
  • (3) The arbitrator may depart from the general principle in sub-paragraph (2) and make such other costs award as it considers reasonable where a party has behaved unreasonably as defined within the National Planning Practice Guidance or such other guidance as may replace it.

Confidentiality

7

  • (1) Subject to sub-paragraphs (2) and (3), any arbitration hearing and documentation will be open to and accessible by the public.
  • (2) The arbitrator may direct that the whole or part of a hearing is to be private or any documentation to be confidential where it is necessary in order to protect commercially sensitive information.
  • (3) Nothing in this paragraph prevents any disclosure of a document by a party pursuant to an order of a court in England and Wales or where disclosure is required under any enactment.

Signed

Signed by authority of the Secretary of State for Energy Security and Net Zero

David Wagstaff — Deputy Director Energy Infrastructure Planning — Department for Energy Security and Net Zero — 9th April 2025

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Chrysaor Production (U.K.) Limited (referred to in this Order as the undertaker) to construct, operate and maintain a pipeline for the transport of carbon dioxide from Immingham to Theddlethorpe. This Order imposes requirements in connection with the development and permits the undertaker to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose.

A copy of the Order plans and book of reference referred to in this Order and certified in accordance with article 44 (certification of plans, etc.) of this Order may be inspected free of charge at the offices of Chrysaor Production (U.K.) Limited at 151 Buckingham Palace Road, London, England, SW1W 9SZ.

Footnotes

[^f00001]: 2008 c. 29. Section 37 was amended by section 137(5) of, and paragraph 5 of Schedule 13 to, the Localism Act 2011 (c. 20).

[^f00002]: S.I. 2009/2264.

[^f00003]: S.I. 2010/103.

[^f00004]: Section 74(2) was amended by paragraph 29 of Schedule 13 to the Localism Act 2011 (c. 20).

[^f00005]: S.I. 2017/572.

[^f00006]: Section 105(2) was amended by paragraph 50 of Schedule 13 to the Localism Act 2011.

[^f00007]: Section 114 was amended by paragraph 55 of Schedule 13 to the Localism Act 2011.

[^f00008]: Section 115 was amended by section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).

[^f00009]: Section 117 was amended by paragraph 58 of Schedule 13 and paragraph 1 of Schedule 25 to the Localism Act 2011.

[^f00010]: Section 120 was amended by section 140 of, and paragraph 60 of Schedule 13 to, the Localism Act 2011.

[^f00011]: Section 122 was amended by paragraph 62 of Schedule 13 to the Localism Act 2011.

[^f00013]: Section 132 was amended by section 24 of the Growth and Infrastructure Act 2013 (c. 27).

[^f00014]: 1961 c. 33.

[^f00015]: 1965 c. 56.

[^f00016]: 1980 c. 66.

[^f00017]: 1981 c. 66.

[^f00018]: 1984 c. 27.

[^f00019]: 1990 c. 8.

[^f00020]: 1991 c. 22.

[^f00021]: 2003 c. 21.

[^f00022]: 2008 c. 29.

[^f00023]: 1971 c. 80.

[^f00024]: 2004 c. 18.

[^f00025]: Section 48 was amended by section 124 of the Local Transport Act 2008 (c. 26).

[^f00026]: “Street authority” is defined in section 49, which was amended by paragraph 117 of Schedule 1 to the Infrastructure Act 2015 (c. 7).

[^f00027]: S.I. 1996/825.

[^f00028]: Sections 55, 57, 60, 68 and 69 were amended by the Traffic Management Act 2004 (c. 18).

[^f00029]: 2004 c. 18.

[^f00030]: 1991 c. 56. Section 106 was amended by sections 35(8)(a) and 43(2) of, and paragraph 1 of Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99 of the Water Act 2003 (c. 37) and section 32 of, and paragraph 16(1) of Schedule 3 to, the Flood and Water Management Act 2010 (c. 29).

[^f00031]: S.I. 2016/1154.

[^f00032]: 1991 c. 57.

[^f00033]: 1991 c. 59.

[^f00034]: Section 4 was amended by sections 184 and 185 of, and paragraph 2 of Schedule 18 to, the Housing and Planning Act 2016 (c. 22).

[^f00035]: Section 11(1) was amended by sections 186 to 188 of the Housing and Planning Act 2016 (c. 22) and Schedule 4 to the Acquisition of Land Act 1981 (c. 67).

[^f00036]: 2003 c. 21.

[^f00037]: S.I. 2016/1154.

[^f00038]: 1991 c. 57.

[^f00039]: 1991 c. 59. Section 66 was amended by paragraph 38 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and section 86 of the Water Act 2014 (c. 21).

[^f00040]: 2017 c. 20.

[^f00041]: S.I. 2010/948.

[^f00042]: 1990 c. 43.

[^f00043]: 1974 c. 40.

[^f00044]: S.I. 1997/1160.

[^f00045]: 1978 c. 30.

[^f00046]: 1990 c. 43.

[^f00047]: 1973 c. 26.

[^f00048]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22).

[^f00049]: Section 11B was inserted by section 187(3) of the above Act.

[^f00050]: 1989 c. 29.

[^f00051]: 1986 c. 44.

[^f00052]: 1991 c. 56.

[^f00053]: Section 104 was amended by section 42(3) of the Flood and Water Management Act 2010 (c. 29).

[^f00054]: 2003 c. 21.

[^f00055]: Section 106 was amended by section 4 of the Digital Economy Act 2017 (c. 30).

[^f00056]: 1989 c. 29.

Editorial notes

[^key-bfd38443cde33da7319303b745783065]: Art. 1 in force at 1.5.2025, see art. 1(2)

[^key-e03aad198bae534529b1f267e99d9e79]: Art. 2 in force at 1.5.2025, see art. 1(2)

[^key-9fd32cf6e5c667dfcacbf37d9d09287c]: Art. 3 in force at 1.5.2025, see art. 1(2)

[^key-5cd9109bf95f9248e394fae2be1545d3]: Art. 4 in force at 1.5.2025, see art. 1(2)

[^key-92f5233cadd38ac316cf8e6121b17afd]: Art. 5 in force at 1.5.2025, see art. 1(2)

[^key-5edd355b7fb9e0d76bb45a1828b0268f]: Art. 6 in force at 1.5.2025, see art. 1(2)

[^key-ab49aee30d8f33aa0d2c9331b55bbfe5]: Art. 7 in force at 1.5.2025, see art. 1(2)

[^key-8f631f3fefee7ce47768fe93edc36322]: Art. 8 in force at 1.5.2025, see art. 1(2)

[^key-5337d0ce9bd94c590542bc5bac8f7281]: Art. 9 in force at 1.5.2025, see art. 1(2)

[^key-0e17fdc1bc509b4640befea20e6bf47c]: Art. 10 in force at 1.5.2025, see art. 1(2)

[^key-d15b9f969ec051d17dba444e161ae9da]: Art. 11 in force at 1.5.2025, see art. 1(2)

[^key-be46fcb7568df1ce53527bec33df1892]: Art. 12 in force at 1.5.2025, see art. 1(2)

[^key-9de73d8fbb1ff8e2318037337fcfd19e]: Art. 13 in force at 1.5.2025, see art. 1(2)

[^key-52696efcf717b5f34282d3658168cab7]: Art. 14 in force at 1.5.2025, see art. 1(2)

[^key-aa6cdd2b3045ab097c4a9fec3ff7b094]: Art. 15 in force at 1.5.2025, see art. 1(2)

[^key-725c6ece16b556d596dab58b3b0cb6f8]: Art. 16 in force at 1.5.2025, see art. 1(2)

[^key-820719c13e9e89c64e93990c0344bd10]: Art. 17 in force at 1.5.2025, see art. 1(2)

[^key-f702a98fbe138b1a6a774a0703897449]: Art. 18 in force at 1.5.2025, see art. 1(2)

[^key-7627129eb4d96c399e0a836997007a93]: Art. 19 in force at 1.5.2025, see art. 1(2)

[^key-381dd1218e261f557053abc228c4c39d]: Art. 20 in force at 1.5.2025, see art. 1(2)

[^key-20d96ae7f4c6b148778561c012a74632]: Art. 21 in force at 1.5.2025, see art. 1(2)

[^key-8b01f06095c811509cada03572f24a10]: Art. 22 in force at 1.5.2025, see art. 1(2)

[^key-b7f11d7f982956b5fbb91bfaa3a3e417]: Art. 23 in force at 1.5.2025, see art. 1(2)

[^key-806a9958fbe465f7bcafc0374406ab85]: Art. 24 in force at 1.5.2025, see art. 1(2)

[^key-dfbdbf66f5ad3b00bf926c6bd9cbd4d0]: Art. 25 in force at 1.5.2025, see art. 1(2)

[^key-d72cf029edfb584ec852773b7c7e33cd]: Art. 26 in force at 1.5.2025, see art. 1(2)

[^key-430635bcce1d8ea9ef5b70ebba3e3e07]: Art. 27 in force at 1.5.2025, see art. 1(2)

[^key-1f49ab49eaf3dd8fc11b1cec2eb2feb6]: Art. 28 in force at 1.5.2025, see art. 1(2)

[^key-478d7c28e0959a42ddff1848d745192d]: Art. 29 in force at 1.5.2025, see art. 1(2)

[^key-96f503d814c852931a4537fc9ec31289]: Art. 30 in force at 1.5.2025, see art. 1(2)

[^key-4b7815e60e070b626c3235c85701181a]: Art. 31 in force at 1.5.2025, see art. 1(2)

[^key-19bcb5271748c5d082939b6069d436c5]: Art. 32 in force at 1.5.2025, see art. 1(2)

[^key-a8ac039e40bedb439df11a3cded89756]: Art. 33 in force at 1.5.2025, see art. 1(2)

[^key-df39a4651b70d05f9dd02f033afbac13]: Art. 34 in force at 1.5.2025, see art. 1(2)

[^key-babe42939a2d8cb3df84150f323013fe]: Art. 35 in force at 1.5.2025, see art. 1(2)

[^key-4eb0a6a5f67734fa0fedabd98e721b91]: Art. 36 in force at 1.5.2025, see art. 1(2)

[^key-ee9e8a703dcae48333510ee4893ec492]: Art. 37 in force at 1.5.2025, see art. 1(2)

[^key-3ac5255ec502009d7436ddc1d5de9814]: Art. 38 in force at 1.5.2025, see art. 1(2)

[^key-edf5acca15a9f1d5a0487e5a593286f5]: Art. 39 in force at 1.5.2025, see art. 1(2)

[^key-dbb68d3ea7f3499d52080110a3c30fee]: Art. 40 in force at 1.5.2025, see art. 1(2)

[^key-e146616e96c4e08390b4f1cf3749a5d7]: Art. 41 in force at 1.5.2025, see art. 1(2)

[^key-52fa1e70b1604a3f2ff63d4e7b29b06d]: Art. 42 in force at 1.5.2025, see art. 1(2)

[^key-1793aed3b2e74be5009312e53481ce1e]: Art. 43 in force at 1.5.2025, see art. 1(2)

[^key-c4ae36ba22e358cc288a01adc0993a6d]: Art. 44 in force at 1.5.2025, see art. 1(2)

[^key-cd59cb4996f6cd612d5a1db789c0b579]: Art. 45 in force at 1.5.2025, see art. 1(2)

[^key-d2bce3ac4ec0afd45368db9ac083a419]: Art. 46 in force at 1.5.2025, see art. 1(2)

[^key-8f9e96091890aaae1346d5d1ac058eed]: Art. 47 in force at 1.5.2025, see art. 1(2)

[^key-cdb10c22da9d3944819fa618c5060879]: Art. 48 in force at 1.5.2025, see art. 1(2)

[^key-af6532e4e45e00008baca1087661d485]: Sch. 1 Pt. 2 para. 1 in force at 1.5.2025, see art. 1(2)

[^key-484939f1a9e861b897e81ba1f8df2d99]: Sch. 2 para. 1 in force at 1.5.2025, see art. 1(2)

[^key-957fdabb61ca69503e0a429d69b6cdf8]: Sch. 2 para. 2 in force at 1.5.2025, see art. 1(2)

[^key-a002f2ffa674ba754adb666316041afb]: Sch. 2 para. 3 in force at 1.5.2025, see art. 1(2)

[^key-f0647d75a67b2551bd03a6cfca522c60]: Sch. 2 para. 4 in force at 1.5.2025, see art. 1(2)

[^key-0c2cc2f0ba5d2fa732a5a56043dec90c]: Sch. 2 para. 5 in force at 1.5.2025, see art. 1(2)

[^key-0a05728617c463551c3857f29d9d3f9b]: Sch. 2 para. 6 in force at 1.5.2025, see art. 1(2)

[^key-5368d9131edd0a4504be53334b3fe1db]: Sch. 2 para. 7 in force at 1.5.2025, see art. 1(2)

[^key-ca9ef489dabde32ecd81481f3a540be3]: Sch. 2 para. 8 in force at 1.5.2025, see art. 1(2)

[^key-032eb39d45150391f9b4dee267e829a8]: Sch. 2 para. 9 in force at 1.5.2025, see art. 1(2)

[^key-1e7220bce15226930dd3a63020cd1974]: Sch. 2 para. 10 in force at 1.5.2025, see art. 1(2)

[^key-5d3e77b9a7aeb6884618f52348e753b4]: Sch. 2 para. 11 in force at 1.5.2025, see art. 1(2)

[^key-cedbd047d6fc4399b2291dae0273b503]: Sch. 2 para. 12 in force at 1.5.2025, see art. 1(2)

[^key-6ce0e5c72eaf88eb7d0de42d92c07d21]: Sch. 2 para. 13 in force at 1.5.2025, see art. 1(2)

[^key-31f0eef06c92c1b3a5a41914b31e8837]: Sch. 2 para. 14 in force at 1.5.2025, see art. 1(2)

[^key-e64dbc5435a27af4663d4bbf01aa0655]: Sch. 2 para. 15 in force at 1.5.2025, see art. 1(2)

[^key-5b17950007c76d3c7f47ee7d8fbe1ca7]: Sch. 2 para. 16 in force at 1.5.2025, see art. 1(2)

[^key-7651a9ee5629f0363782218cd6b95963]: Sch. 2 para. 17 in force at 1.5.2025, see art. 1(2)

[^key-d32df73697fcca7dd18c3cf6a7bcec8f]: Sch. 2 para. 18 in force at 1.5.2025, see art. 1(2)

[^key-15926460782c3e3cc5805bd8aeb3a6b0]: Sch. 2 para. 19 in force at 1.5.2025, see art. 1(2)

[^key-11825b489a27f0e78de2e5dbda38ff94]: Sch. 2 para. 20 in force at 1.5.2025, see art. 1(2)

[^key-753d4cacb37263d8332c8eda8a135974]: Sch. 2 para. 21 in force at 1.5.2025, see art. 1(2)

[^key-e84204e1df4f2d82a085a5075bfe0aca]: Sch. 2 para. 22 in force at 1.5.2025, see art. 1(2)

[^key-8847c3d983613740a2e0530d48bb3e57]: Sch. 2 para. 23 in force at 1.5.2025, see art. 1(2)

[^key-cb5047b2cfd8c2667716895fddbbbb46]: Sch. 2 para. 24 in force at 1.5.2025, see art. 1(2)

[^key-6f263231ff06199036d275d7ec20d0f3]: Sch. 2 para. 25 in force at 1.5.2025, see art. 1(2)

[^key-93bb80730c89af096bc4c5318b20cfe7]: Sch. 2 para. 26 in force at 1.5.2025, see art. 1(2)

[^key-628d5cce7200b031d7b0f1ebacf24618]: Sch. 2 para. 27 in force at 1.5.2025, see art. 1(2)

[^key-f3d41c29c7007e81f872ad5c4758cdf3]: Sch. 2 para. 28 in force at 1.5.2025, see art. 1(2)

[^key-1b1b3b8b2735197e4a9802a70cb48dc3]: Sch. 2 para. 29 in force at 1.5.2025, see art. 1(2)

[^key-5112a710462830419cc2fa5cd20ba7f8]: Sch. 8 para. 1 in force at 1.5.2025, see art. 1(2)

[^key-1bced9c5ee925af0b7722101eb3ddf58]: Sch. 8 para. 2 in force at 1.5.2025, see art. 1(2)

[^key-6a5498b975c119690891370d2ad24aa3]: Sch. 8 para. 3 in force at 1.5.2025, see art. 1(2)

[^key-10c38ae40efa9271d0101adb2909b8aa]: Sch. 8 para. 4 in force at 1.5.2025, see art. 1(2)

[^key-9fb0e200b7c0dfa87cf872c859a0bc48]: Sch. 9 para. 1 in force at 1.5.2025, see art. 1(2)

[^key-1f9745f6b5f1c12d3eff36fa5a83cb6b]: Sch. 9 para. 2 in force at 1.5.2025, see art. 1(2)

[^key-373a053433977d06260c28bacebfc8a8]: Sch. 9 para. 3 in force at 1.5.2025, see art. 1(2)

[^key-11452f8c025b66ec83f2c863a5bc33af]: Sch. 9 para. 4 in force at 1.5.2025, see art. 1(2)

[^key-b7846233134a51344ef7e55ab71ce6fb]: Sch. 9 para. 5 in force at 1.5.2025, see art. 1(2)

[^key-b11ebcc5e571ba112bb9e1986a569545]: Sch. 9 para. 6 in force at 1.5.2025, see art. 1(2)

[^key-811986b3e603fdea141563a8508c4723]: Sch. 9 para. 7 in force at 1.5.2025, see art. 1(2)

[^key-ad62b395e29f95ddea96a2702697b7dd]: Sch. 9 para. 8 in force at 1.5.2025, see art. 1(2)

[^key-8a19e0861d8022805aede4f575ce55c9]: Sch. 9 para. 9 in force at 1.5.2025, see art. 1(2)

[^key-096267bc67fed7c58197194ab636aa26]: Sch. 9 para. 10 in force at 1.5.2025, see art. 1(2)

[^key-db411ac71ecba279ffcfa9131890815e]: Sch. 9 para. 11 in force at 1.5.2025, see art. 1(2)

[^key-ded6c21142c4a6b795c2245e6ca7c344]: Sch. 9 para. 12 in force at 1.5.2025, see art. 1(2)

[^key-69237513d27111cb21e49e4499870fa8]: Sch. 9 para. 13 in force at 1.5.2025, see art. 1(2)

[^key-1591f37c53b1f4d5be96cbb9d349ee05]: Sch. 9 para. 14 in force at 1.5.2025, see art. 1(2)

[^key-d749f6a0257d2892cfa94d8a263e082c]: Sch. 9 para. 15 in force at 1.5.2025, see art. 1(2)

[^key-8be3cad3004a86931027e264a1dcd7be]: Sch. 9 para. 16 in force at 1.5.2025, see art. 1(2)

[^key-95647c197007db9757ace59f35116ebd]: Sch. 9 para. 17 in force at 1.5.2025, see art. 1(2)

[^key-394b85e7c88d2ea1b5a94ba63ec9a304]: Sch. 9 para. 18 in force at 1.5.2025, see art. 1(2)

[^key-c93344f4cb518561e4c61a249f0dea4c]: Sch. 9 para. 19 in force at 1.5.2025, see art. 1(2)

[^key-aa43dc6d7addc5d29b02b5f586948ee7]: Sch. 9 para. 20 in force at 1.5.2025, see art. 1(2)

[^key-0078eb0d0347e2b8f15d5b7e89ce2894]: Sch. 9 para. 21 in force at 1.5.2025, see art. 1(2)

[^key-21fb391574127e0c22808a2a365b45fb]: Sch. 9 para. 22 in force at 1.5.2025, see art. 1(2)

[^key-882b1f06a5ba79f23b2cceec20de03f7]: Sch. 9 para. 23 in force at 1.5.2025, see art. 1(2)

[^key-7f74afaf7e0dfa795ac11715b890a554]: Sch. 9 para. 24 in force at 1.5.2025, see art. 1(2)

[^key-0e6bddbd231f6f208306a06d50f0021d]: Sch. 9 para. 25 in force at 1.5.2025, see art. 1(2)

[^key-66a1e9efba85f13b6b1123bd14ab407b]: Sch. 9 para. 26 in force at 1.5.2025, see art. 1(2)

[^key-f1d15eb9a301096cb60e2c3e87e52ec9]: Sch. 9 para. 27 in force at 1.5.2025, see art. 1(2)

[^key-15ea90490b243b9a0effd4eebc8ded5f]: Sch. 9 para. 28 in force at 1.5.2025, see art. 1(2)

[^key-6dcd21cf4e9e124393082ce6037f5bb5]: Sch. 9 para. 29 in force at 1.5.2025, see art. 1(2)

[^key-324441950eecda758bf79954730038ca]: Sch. 9 para. 30 in force at 1.5.2025, see art. 1(2)

[^key-06b77940fe40a1cc6bf0f37fa2e43b78]: Sch. 9 para. 31 in force at 1.5.2025, see art. 1(2)

[^key-af2b76db5852158ecb64341c49093ffe]: Sch. 9 para. 32 in force at 1.5.2025, see art. 1(2)

[^key-163f476097307fd8da201f9d8e4ba20d]: Sch. 9 para. 33 in force at 1.5.2025, see art. 1(2)

[^key-c50ebfe2051f056e91a0f2bce3239241]: Sch. 9 para. 34 in force at 1.5.2025, see art. 1(2)

[^key-e68e92ea4f84708b6affe71bfcada070]: Sch. 9 para. 35 in force at 1.5.2025, see art. 1(2)

[^key-6f10118f067925860c6180b155652456]: Sch. 9 para. 36 in force at 1.5.2025, see art. 1(2)

[^key-30d79606f205a74abbb1a349b488c07d]: Sch. 9 para. 37 in force at 1.5.2025, see art. 1(2)

[^key-5e3e41821ed8d030f28e19ce8b1072db]: Sch. 9 para. 38 in force at 1.5.2025, see art. 1(2)

[^key-750bf2bc3f95aa629da8f6a67765f1a3]: Sch. 9 para. 39 in force at 1.5.2025, see art. 1(2)

[^key-fde07307f7e588f4d305260fed72a387]: Sch. 9 para. 40 in force at 1.5.2025, see art. 1(2)

[^key-5fe5234fed682d380d5635bb9a80e712]: Sch. 9 para. 41 in force at 1.5.2025, see art. 1(2)

[^key-27f8d93aff251d5c77dead4502f15d4a]: Sch. 9 para. 42 in force at 1.5.2025, see art. 1(2)

[^key-cfced9a8eb29a2b479876fd149fba5e1]: Sch. 9 para. 43 in force at 1.5.2025, see art. 1(2)

[^key-040d69073f5c8da87a16539b47a0626d]: Sch. 9 para. 44 in force at 1.5.2025, see art. 1(2)

[^key-3178da35338370cc86a7026deec249c7]: Sch. 9 para. 45 in force at 1.5.2025, see art. 1(2)

[^key-529d8f21b6945e362bff400a4a62b05c]: Sch. 9 para. 46 in force at 1.5.2025, see art. 1(2)

[^key-ac1dae166004f7904a17f2247144dab7]: Sch. 9 para. 47 in force at 1.5.2025, see art. 1(2)

[^key-014c38ecac8efdd0ae15afa4bb6784b6]: Sch. 9 para. 48 in force at 1.5.2025, see art. 1(2)

[^key-e17ff8d16d5016f1ace3f00a2bbebb8b]: Sch. 9 para. 49 in force at 1.5.2025, see art. 1(2)

[^key-dace9dc511af23d08cb03bee352df574]: Sch. 9 para. 50 in force at 1.5.2025, see art. 1(2)

[^key-e289c00a6d69b4d4ad29ff279ad129d8]: Sch. 9 para. 51 in force at 1.5.2025, see art. 1(2)

[^key-6160aef2a55fcec2917eb03aeb9bf05a]: Sch. 9 para. 52 in force at 1.5.2025, see art. 1(2)

[^key-1d831e62f2aacb1a26e3bf7560b87ef8]: Sch. 9 para. 53 in force at 1.5.2025, see art. 1(2)

[^key-e9b5a467fe8b1d48aab9a7d3cdced4a8]: Sch. 9 para. 54 in force at 1.5.2025, see art. 1(2)

[^key-7b90d96017912d1f5ace993b23c4d98a]: Sch. 9 para. 55 in force at 1.5.2025, see art. 1(2)

[^key-06f0e2a1a4e5c70cbd906b61499f3deb]: Sch. 9 para. 56 in force at 1.5.2025, see art. 1(2)

[^key-5658051c6687fdb8de46fccb7b0dd79d]: Sch. 9 para. 57 in force at 1.5.2025, see art. 1(2)

[^key-c591651b1a049254bf607381574f30ac]: Sch. 9 para. 58 in force at 1.5.2025, see art. 1(2)

[^key-a992f30b37591ae9e85c7a1dfa0c1b06]: Sch. 9 para. 59 in force at 1.5.2025, see art. 1(2)

[^key-25824ebaeec940430131e011b9728199]: Sch. 9 para. 60 in force at 1.5.2025, see art. 1(2)

[^key-08ec5f4d715b10d8e44492eca4a67688]: Sch. 9 para. 61 in force at 1.5.2025, see art. 1(2)

[^key-da8bab6df5c8a5131689467042f595b3]: Sch. 9 para. 62 in force at 1.5.2025, see art. 1(2)

[^key-fef83dcfea537603dccb22470aa1e332]: Sch. 9 para. 63 in force at 1.5.2025, see art. 1(2)

[^key-688c3f80189e35abf54784b6f0603dcf]: Sch. 9 para. 64 in force at 1.5.2025, see art. 1(2)

[^key-6959008a3f4d0a6ca32a9c7cffeb1a19]: Sch. 9 para. 65 in force at 1.5.2025, see art. 1(2)

[^key-a8a162add5f0566350e8370e81f76a9f]: Sch. 9 para. 66 in force at 1.5.2025, see art. 1(2)

[^key-0a7d89d604e2109b7ee0757211a02123]: Sch. 9 para. 67 in force at 1.5.2025, see art. 1(2)

[^key-2a6bf012161f978d528ed96db6e8c494]: Sch. 9 para. 68 in force at 1.5.2025, see art. 1(2)

[^key-470c0abe40662cdfa16c9ca11da33e41]: Sch. 9 para. 69 in force at 1.5.2025, see art. 1(2)

[^key-62b763d46fc4056f66ba9c0bed2ec66f]: Sch. 9 para. 70 in force at 1.5.2025, see art. 1(2)

[^key-cfc2b34fee8ab3a4395ed72f40ba0924]: Sch. 9 para. 71 in force at 1.5.2025, see art. 1(2)

[^key-cff035995523d5c36af60eeea20e8468]: Sch. 9 para. 72 in force at 1.5.2025, see art. 1(2)

[^key-e46fa9e9e62a02276f7af07cdb00abcf]: Sch. 9 para. 73 in force at 1.5.2025, see art. 1(2)

[^key-debf32dae1a1e4c16a0b23c3b1d209f2]: Sch. 9 para. 74 in force at 1.5.2025, see art. 1(2)

[^key-2ae89c33087e9e5135868c572fe96552]: Sch. 9 para. 75 in force at 1.5.2025, see art. 1(2)

[^key-3ba1e522beefe5bcf0620c04939cc89c]: Sch. 9 para. 76 in force at 1.5.2025, see art. 1(2)

[^key-05448d0aace4a8daacadeb4c5a264219]: Sch. 9 para. 77 in force at 1.5.2025, see art. 1(2)

[^key-edbf0f28632263e6a5936faeec6d3971]: Sch. 9 para. 78 in force at 1.5.2025, see art. 1(2)

[^key-3c247b25e644fbc9c2aa9a5ce9fb1596]: Sch. 9 para. 79 in force at 1.5.2025, see art. 1(2)

[^key-170b9ced45209cce5457d67343317c24]: Sch. 9 para. 80 in force at 1.5.2025, see art. 1(2)

[^key-8a535304114e665ddf041d8156e41074]: Sch. 9 para. 81 in force at 1.5.2025, see art. 1(2)

[^key-cffa26f5db6bd02b32d33640c5dadae3]: Sch. 9 para. 82 in force at 1.5.2025, see art. 1(2)

[^key-51734e3a851c26e8dc2c80fec4825e96]: Sch. 9 para. 83 in force at 1.5.2025, see art. 1(2)

[^key-dad597910e1c3d5dc721534fcd17b2d4]: Sch. 9 para. 84 in force at 1.5.2025, see art. 1(2)

[^key-d16a4a76f8d51c85cd580fd522e14b7a]: Sch. 9 para. 85 in force at 1.5.2025, see art. 1(2)

[^key-03056333c66a1e2c5e555985df8bc41e]: Sch. 9 para. 86 in force at 1.5.2025, see art. 1(2)

[^key-73aeb407bb4773b1e52b39fe0ac336d3]: Sch. 9 para. 87 in force at 1.5.2025, see art. 1(2)

[^key-1a991f9e2b507ac510388af25726ff63]: Sch. 9 para. 88 in force at 1.5.2025, see art. 1(2)

[^key-8c38200b68d52a9901d782a7b50b5031]: Sch. 9 para. 89 in force at 1.5.2025, see art. 1(2)

[^key-f98e910205633aba2b95917e3cb6dcb6]: Sch. 9 para. 90 in force at 1.5.2025, see art. 1(2)

[^key-4c2754a31518f0f5d6d6c540d262d4e6]: Sch. 9 para. 91 in force at 1.5.2025, see art. 1(2)

[^key-df09211b4f0d2926a8806e8e09a19b55]: Sch. 9 para. 92 in force at 1.5.2025, see art. 1(2)

[^key-141c07e0f6835564c87e2c3d2a11e28c]: Sch. 9 para. 93 in force at 1.5.2025, see art. 1(2)

[^key-e5a3bcb1dea5a5964efb2b0be28a6c5d]: Sch. 9 para. 94 in force at 1.5.2025, see art. 1(2)

[^key-d9671a574a2f961185b0de9c1adf5339]: Sch. 9 para. 95 in force at 1.5.2025, see art. 1(2)

[^key-737693c72a478a774b1e04ee89844f28]: Sch. 9 para. 96 in force at 1.5.2025, see art. 1(2)

[^key-e12a298fad376422e12b00233c97d789]: Sch. 9 para. 97 in force at 1.5.2025, see art. 1(2)

[^key-d360086e7ecb747f84d01d69b08deeef]: Sch. 9 para. 98 in force at 1.5.2025, see art. 1(2)

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