PART 1PRELIMINARY

Interpretation

article 2 + 2.—(1) In this Order—

term the 1961 act + “the 1961 Act” means the Land Compensation Act 1961(1);

term the 1965 act + “the 1965 Act” means the Compulsory Purchase Act 1965(2);

term the 1980 act + “the 1980 Act” means the Highways Act 1980(3);

term the 1981 act + “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981(4);

term the 1984 act + “the 1984 Act” means the Road Traffic Regulation Act 1984(5);

term the 1989 act + “the 1989 Act” means the Electricity Act 1989(6);

term the 1990 act + “the 1990 Act” means the Town and Country Planning Act 1990(7);

term the 1991 act + “the 1991 Act” means the New Roads and Street Works Act 1991(8);

term the 2003 act + “the 2003 Act” means the Communications Act 2003(9);

term the 2004 act + “the 2004 Act” means the Energy Act 2004(10);

term the 2008 act + “the 2008 Act” means the Planning Act 2008(11);

term the 2009 act + “the 2009 Act” means the Marine and Coastal Access Act 2009(12);

term 2017 regulations + “2017 Regulations” means the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017(13);

term access land + “access land” has the same meaning as in Part 1 of the Countryside and Rights of Way Act 2000(14);

term access rights of way and streets plan + “access rights of way and streets plan” means the plan or plans certified as the access rights of way and streets plan or plans by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term ancillary works + “ancillary works” means the ancillary works described in Part 2 of Schedule 1 (ancillary works) and any other works authorised by this Order and which are not development within the meaning of section 32 of the 2008 Act;

term array area + “array area” means that part of the offshore Order limits in which Work Nos. 1, 2 and 3 may be undertaken as described in Tables 2, 3 and 4 of Part 1 of Schedule 1 (authorised development);

term array periphery + “array periphery” means the outermost edge of the infrastructure to be constructed as Work No. 1 as described in Part 1 of Schedule 1 and identified in the design plan to be approved pursuant to the deemed marine licences;

term authorised development + “authorised development” means the development and associated development described in Part 1 of Schedule 1 (authorised development) and any other development authorised by this Order which is development within the meaning of section 32 of the 2008 Act;

term authorised project + “authorised project” means the authorised development and the ancillary works authorised by this Order;

term bank holiday + “bank holiday” means a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971(15);

term book of reference + “book of reference” means the document certified as the book of reference by the Secretary of State for the purposes of the Order under article 49 (certification of plans and documents etc);

term building + “building” includes any structure or erection or any part of a building, structure or erection;

term buoy + “buoy” means any floating device used for navigational purposes or measurement purposes including LiDAR buoys, wave buoys and guard buoys;

term cable circuits + “cable circuits” means a number of electrical conductors necessary to transmit electricity between two points within the authorised project comprising three conductors which may be bundled as one transmission cable or take the form of three separate transmission cables, and the circuit may include one or more auxiliary cables (normally fibre optic cables) for purposes including control, monitoring, protection or general communications to comprise direct lay cable circuits and/or cable circuits pulled through cable ducts or under protective covers;

term cable crossings + “cable crossings” means a crossing of existing sub-sea cables or pipelines or other existing infrastructure by a transmission cable or, where transmission cables run together in parallel, a set of transmission cables, authorised by this Order together with physical protection measures including rock placement or other protection measures;

term cable ducts + “cable ducts” means conduits for the installation of cable circuits;

term cable protection + “cable protection” means measures for the protection of cable circuits from physical damage and exposure including but not limited to concrete mattresses and/or rock placement, bagged solutions filled with stone, rock or gravel, grout, concrete or other materials and protective shells or sheathes;

term carriageway + “carriageway” has the same meaning as in section 329 of the 1980 Act;

term commence + “commence” means—

term commenced + and the words “commencement” and “commenced” must be construed accordingly;

term commercial operation + “commercial operation” means in relation to any part of the authorised project, the exporting transmission or conversion on a commercial basis, of electricity;

term connection works + “connection works” means Work Nos. 6, 7, 8, 9, 16, 19 and 20, and any related further associated development in connection with those works within the onshore Order limits;

term construction compound + “construction compound” means a temporary construction area associated with the connection works including (but not limited to) hard standings, lay down and storage areas for construction plant, materials and equipment, parking areas, offices, welfare facilities, and temporary means of enclosure for construction of the authorised project;

term deemed marine licences + “deemed marine licences” means the marine licences set out in Schedule 11 (deemed marine licence under the 2009 Act – generation assets) and Schedule 12 (deemed marine licence under the 2009 Act – transmission assets);

term design and access statement + “design and access statement” means the document certified as the design and access statement by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term draft piling marine mammal mitigation protocol + “draft piling marine mammal mitigation protocol” means the document certified as the draft piling marine mammal mitigation protocol by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term draft uxo marine mammal mitigation protocol + “draft UXO marine mammal mitigation protocol” means the document certified as the draft UXO marine mammal mitigation protocol by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term electrical infrastructure installation + “electrical infrastructure installation” means equipment installed for the transmission of electricity at the onshore substation or the extension to the National Grid substation at Bolney which is not contained within a building;

term environmental statement + “environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term flow energy dissipation devices + “flow energy dissipation devices” means solutions that dissipate flow energy and entrap sediment, and including options such as frond mats, mats of large, linked hoops, and structures covered with long spikes;

term highway authority + term highway + “highway” and “highway authority” have the same meaning as in the 1980 Act;

term horizontal directional drilling + “horizontal directional drilling” refers to a boring technique involving drilling in an arc between two points;

term horsham district mitigation and enhancement principles document + “Horsham District mitigation and enhancement principles document” means the document certified as the Horsham District mitigation and enhancement principles document by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term in principle sensitive features mitigation plan + “in-principle sensitive features mitigation plan” means the document certified as the in principle sensitive features mitigation plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term intrusive activities + “intrusive activities” means offshore activities including anchoring of vessels, jacking up of vessels, depositing soil and seabed clearance and temporary wet storage areas;

term joint bay + “joint bay” means an excavation structure or working area comprising part of the connection works beneath the ground to facilitate the jointing together of the cable circuits and any auxiliary cables;

term land plans onshore + “land plans onshore” means the plan or plans certified as the land plan or plans onshore by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term landfall + “landfall” means the location at which the offshore cable circuits come ashore and are connected to the onshore connection works comprising Work Nos. 6 and 7 as described in Part 1 of Schedule 1;

term lat + “LAT” means lowest astronomical tide;

term lead local flood authority + “lead local flood authority” has the meaning in section 6(7) (other definitions) of the Flood and Water Management Act 2010(16);

term link box + “link box” means the underground metal box placed within a plastic or concrete pit where the metal sheaths between adjacent cable circuit sections are connected and earthed installed within a ground level manhole or inspection chamber to allow access to the link box for regular maintenance or fault-finding purposes;

term maintain + “maintain” includes inspect and survey, upkeep, repair, adjust, and alter and further includes remove, reconstruct and replace, to the extent assessed in the environmental statement; and any derivative of “maintain” must be construed accordingly;

term mhws + “mean high water springs” or “MHWS” means the highest level which spring tides reach on average over a period of time;

term mlws + “mean low water springs” or “MLWS” means the lowest level which spring tides reach on average over a period of time;

term mmo + “MMO” means the Marine Management Organisation, Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH, or its successor in function;

term monopile foundation + “monopile foundation” means a steel pile, driven and/or drilled into the seabed and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;

term multileg foundation + “multileg foundation” means a steel structure having multiple legs, which is fixed to the seabed and may include scour protection and additional equipment such as, J-tubes, corrosion protection systems and access platforms;

term national highways + “National Highways” means National Highways Limited (company number 09346363) whose registered office is Bridge House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ or any such successor or replacement body that may from time to time be primarily responsible for the functions, duties and responsibilities currently exercised by that statutory body;

term national park enhancement and furtherance principles document + “National Park enhancement and furtherance principles document” means the document certified as the National Park enhancement and furtherance principles document by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc) ;

term national trail + “National Trail” means the public right of way known as the South Downs Way and within the Order land comprises part of restricted byway 2092 and restricted byway 2693;

term associated company + term network rail + “Network Rail” means Network Rail Infrastructure Limited (company number 02904587, whose registered office is at Waterloo General Office, London, SE1 8SW) and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 of the Companies Act 2006(17)) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;

term non intrusive works + “non-intrusive works” means works within the onshore Order limits which do not require the breaking of the surface of the land;

term offshore in principle monitoring plan + “offshore in-principle monitoring plan” means the document certified as the offshore in-principle offshore monitoring plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term offshore substation + “offshore substation” means a structure above LAT and attached to the seabed by means of a foundation, with one or more decks which may include a helicopter platform, and containing—

term offshore order limits + “offshore Order limits” means those parts of the Order limits identified on the offshore Order limits and grid co-ordinates plan;

term offshore order limits and grid co ordinates plan + “offshore Order limits and grid co-ordinates plan” means the plan showing the offshore Order limits and grid co-ordinates certified as the offshore Order limits and grid co-ordinates plan by the Secretary of State for the purpose of this Order under article 49 (certification of plans and documents etc);

term offshore works + “offshore works” means Work Nos. 1 to 6 and any related further associated development in connection with those works seawards of MHWS;

term offshore works plan + “offshore works plan” means the plan or plans showing the offshore works which are certified as the offshore works plan or plans by the Secretary of State for the purposes of the Order under article 49 (certification of plans and documents etc);

term onshore order limits + “onshore Order limits” means that part of the Order limits within which the onshore works may be carried out;

term onshore substation + “onshore substation” means the compound comprising the transformer substation, containing electrical equipment required to switch, transform and convert electricity voltage and provide reactive power compensation, with external drainage infrastructure landscaping and means of access comprising Work No. 16;

term onshore site preparation works + “onshore site preparation works” means operations consisting of site clearance, demolition, pre-planting of landscaping works, archaeological investigations, environmental surveys, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, diversion and laying of services, erection of any temporary means of enclosure, creation of site accesses, the temporary display of site notices or advertisements, and temporary hardstanding or the erection of welfare facilities associated with such works;

term onshore works + “onshore works” means Work Nos. 7 to 20 and any related associated development in connection with those works;

term onshore works plan + “onshore works plan” means the plan or plans showing the onshore works which are certified as the onshore works plan or plans by the Secretary of State for the purposes of the Order under article 49 (certification of plans and documents etc);

term open access land plan + “open access land plan” means the document certified as the open access land plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term order land + “Order land” means the land shown on the land plans onshore which is within the limits of land to be acquired or used and described in the book of reference;

term the order limits + “the Order limits” means the limits shown on the onshore works plans and offshore works plans within which the authorised project may be carried out, whose grid coordinates seaward of MHWS are set out in Part 1 of Schedule 1 to this Order;

term outline air quality management plan + “outline air quality management plan” means the document certified as the outline air quality management plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline cable burial risk assessment + “outline cable burial risk assessment” means the document certified as the outline cable burial risk assessment by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline cable specification and installation plan + “outline cable specification and installation plan” means the document certified as the outline cable specification and installation plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline code of construction practice + “outline code of construction practice” means the document certified as the outline code of construction practice by the Secretary of State for the purposes of this Order under article 49;

term outline construction communication plan + “outline construction communication plan” means the document certified as the outline construction communication plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline construction method statement + “outline construction method statement” means the document certified as the outline construction method statement by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline construction traffic management plan + “outline construction traffic management plan” means the document certified as the outline construction traffic management plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline diver communications plan + “outline diver communications plan” means the document certified as the outline diver communications plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline fisheries liaison and co existence plan + “outline fisheries liaison and co-existence plan” means the document certified as the outline fisheries liaison and co-existence plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline landscape and ecology management plan + “outline landscape and ecology management plan” means the document certified as the outline landscape and ecological management plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline marine written scheme of investigation + “outline marine written scheme of investigation” means the document certified as the outline marine written scheme of investigation by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline noise and vibration management plan + “outline noise and vibration management plan” means the document certified as the outline noise and vibration management plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline offshore operations and maintenance plan + “outline offshore operations and maintenance plan” means the document certified as the outline offshore operations and maintenance plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline onshore construction workforce travel plan + “outline onshore construction workforce travel plan” means the document certified as the outline onshore construction workforce travel plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline onshore written scheme of investigation + “outline onshore written scheme of investigation” means the document certified as the outline onshore written scheme of investigation by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline operational drainage plan + “outline operational drainage plan” means the document certified as the outline operational drainage plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline operational travel plan + “outline operational travel plan” means the document certified as the outline operational travel plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline project environmental management plan + “outline project environmental management plan” means the document certified as the outline project environmental management plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline public rights of way management plan + “outline public rights of way management plan” means the plan or plans certified as the outline public rights of way management plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline scour protection and cable protection plan + “outline scour protection and cable protection plan” means the plan or plans certified as the outline scour protection and cable protection plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline site waste management plan + “outline site waste management plan” means the document certified as the outline site waste management plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline skills and employment strategy + “outline skills and employment strategy” means the document certified as the outline skills and employment strategy by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline soils management plan + “outline soils management plan” means the document certified as the outline soils management plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term outline vegetation retention and removal plan + “outline vegetation retention and removal plan” means the document certified as the outline vegetation retention and removal plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term owner + “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981(18);

term pin piles + “pin piles” means cylindrical metal piles driven and/or drilled into the seabed to secure multileg foundations;

term public rights of way and landscape enhancement principles document + “public rights of way and landscape enhancement principles document” means the document certified as the public rights of way and landscape enhancement principles document by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term relevant planning authority + “relevant planning authority” means in relation to any given provision of this Order (including the requirements) the local planning authority for the land in question:

term relevant traffic authority + “relevant traffic authority” means in any provision of this Order the traffic authority for any area of land to which that provision relates;

term requirements + “requirements” means, or a reference to a numbered requirement is to, those matters set out in Part 3 of Schedule 1 (requirements) to this Order;

term scour protection + “scour protection” means measures to prevent loss of seabed sediment around any structure placed in or on the seabed using methods including rock or gravel placement, concrete mattresses, flow energy dissipation devices, or bagged solutions;

term special category land plans + “special category land plans” means the plan or plans certified as the special category land plan or plans by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term stage + “stage” means a part of the onshore works within the onshore Order limits identified in the written scheme approved under requirement 10;

term statutory nature conservation body + “statutory nature conservation body” means the appropriate nature conservation body as defined in regulation 5 of the Conservation of Habitats and Species Regulations 2017(19);

term statutory undertaker + “statutory undertaker” means any person falling within section 127(8) of the 2008 Act or a public communications provider as defined in section 151 of the 2003 Act;

term strategic road network + “strategic road network” means any part of the highway network including trunk roads, special roads or streets for which National Highways is the highway authority;

term street + “street” means a street within the meaning of section 48 of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes any part of a footpath and any part of a street;

term street authority + “street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act(20);

term suction bucket + “suction bucket” means a steel cylindrical structure attached to the legs of a multileg foundation which partially or fully penetrates the seabed and remains in place using its own weight and hydrostatic pressure differential;

term traffic authority + “traffic authority” has the same meaning as in section 121A (traffic authorities) of the 1984 Act;

“transition joint bay” an excavation structure or working area formed in proximity to the landfall to allow the jointing of the offshore export cable circuits with the onshore export cable circuits;

term transition piece + “transition piece” means the metal structure attached to the top of the foundation where the base of the wind turbine generator is connected and may include additional equipment such as J-tubes, corrosion protection systems, boat access systems, access platforms, craneage, electrical transmission equipment and associated equipment;

term transmission cable + “transmission cable” means any onshore or offshore cables for the transmission of electricity and communications and includes direct lay cables and/or cables pulled through cable ducts or under protective covers as part of a cable circuit;

term tree preservation order and hedgerow plan + “tree preservation order and hedgerow plan” means the plan or plans certified as the tree preservation order and hedgerow plan or plans by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

term trenchless technology + “trenchless technology” means a cable installation method to install the cable circuits underground by means other than open cut, including horizontal directional drilling;

term trunk road + “trunk road” means a highway which is a trunk road by virtue of

term undertaker + “undertaker” means, subject to article 5 (benefit of the Order), Rampion Extension Development Limited (company number 12091939);

term vessel + “vessel” means every description of vessel, however propelled or moved, and includes a non- displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water;

term watercourse + “watercourse” includes all rivers, streams, creeks, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;

term wind turbine generator + “wind turbine generator” means a structure comprising a tower, rotor with three blades connected at the hub, nacelle, transition piece and ancillary electrical and other equipment which may include J-tube(s), transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter landing facilities and other associated equipment, fixed to a foundation; and

term working in proximity to wildlife in the marine environment protocol + “Working in Proximity to Wildlife in the Marine Environment Protocol” means the document certified as Appendix 10 – Further information for action point 42 – proximity to marine wildlife by the Secretary of State for the purpose of this Order under article 49 (certification of plans and documents etc).

(2) References in this Order to rights over land and watercourses include references to rights to do or restrain or to place and maintain, anything in, on or under the land or watercourse or in the air-space above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over the land or watercourse which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or which is an interest otherwise comprised in the Order land.

(3) All distances, directions, capacities and lengths referred to in this Order are approximate save in respect of the parameters referred to in—

article 2 3 a + (a)requirements 2 to 5 in Part 3 of Schedule 1 (requirements);

article 2 3 b + (b)conditions 1 and 2 in Part 2 of Schedule 11 (conditions); and

article 2 3 c + (c)conditions 1 and 2 in Part 2 of Schedule 12 (conditions).

(4) Any reference in this Order to a work identified by the number of the work is to be construed as a reference to the work of that number authorised by this Order.

(5) The expression “includes” must be construed without limitation unless the contrary intention appears.