Article 2
SCHEDULECorrectable Errors
1. In this table—
(a)column 1 sets out where the correction is to be made;
(b)column 2 sets out how the correction is to be made; and
(c)column 3 sets out the text to be substituted, inserted or omitted.
| Provision | How correction is to be made | Text to be substituted, inserted or omitted |
|---|---|---|
| Article 2(1) (Interpretation), definition of “environmental statement” | Omit | “, the constituent parts of which are” |
| Article 2(1), definition of “highway” | After “of the 1980 Act” insert | “and” |
| Article 2(1), definition of “maintain” | After “materially different”, insert | “environmental” |
| Article 2(1) | After the definition of “structures and engineering drawings and sections”, insert | ““supplementary botanical survey report” means the document of that description listed in Schedule 12 (documents to be certified) certified by the Secretary of State as the supplementary botanical survey report for the purposes of this Order; “supplementary hedgerow survey report” means the document of that description listed in Schedule 12 (documents to be certified) certified by the Secretary of State as the supplementary hedgerow survey report for the purposes of this Order;” |
| Article 2(1), definition of “works plans” | For “document of that description, the constituent parts of which are listed in Schedule 12 (documents to be certified) and certified by the Secretary of State as the works plans for the purposes of this Order”, substitute | “plans comprising the permanent works plans, the temporary works plans and the utilities works plans” |
| Article 15(9), definition of “speed limit sign” | For “Part 1 (speed limits) of Schedule 10”, substitute | “Part 6 (speed limits) of Schedule 3” |
| Article 20(1) (public rights of way) | For “columns (1) and (2)”, substitute | “columns (1) to (3)” |
| Article 20(2) | For “paragraph (5)” substitute | “paragraph (1)” |
| Article 22(1) (clearways, prohibitions and restrictions) | For “on an after”, substitute | “on and after” |
| Article 22(6)(b)(iv) | After “postal service as”, insert | “defined in” |
| Article 26(4)(b) (authority to survey and investigate land) | For “authority.”, substitute | “authority,” |
| Article 26(9) | For “paragraph (6)”, substitute | “paragraph (8)” |
| Article 30(4) (compulsory acquisition of rights and imposition of restrictive covenants) | After “creation of new rights”, insert | “and imposition of restrictive covenants” |
| Article 31(2)(b) (private rights over land) | For “of the 1965 Act.”, substitute | “of the 1965 Act,” |
| Article 31(3) | After “being within the limits of land” omit | “which” |
| Article 31(8) | For “agreement is referred to” substitute | “agreement as referred to” |
| Article 32(4)(b) (power to override easements and other rights) | For paragraph (4)(b), substitute | “(b)fails to discharge that liability, the liability is enforceable against the undertaker.” |
| Article 41(7) (temporary use of land for maintaining the authorised development) | For “paragraph (5)”, substitute | “paragraph (6)” |
| Article 46(3) (felling or lopping of trees and removal of hedgerows) | For “is to be determined and if”, substitute | “is to be determined as if” |
| Article 47(6) (trees subject to tree preservation orders, etc.) | For “to identify the tree and either”, substitute | “to identify the tree) and either” |
| Article 47(7)(a) | For “would not be need”, substitute | “would not be needed” |
| Article 55(3)(b) (disapplication and modification of byelaws) | After “the provision is excluded”, omit | “is” |
| Schedule 1, in the section titled “Permanent Works”, Work No. 2, sub-paragraph (b) | For “mean of access”, substitute | “means of access” |
| Schedule 1 (Authorised Development), Permanent Works, Work No. 70 | For “access track form the realigned B0123” substitute | “access track from the realigned B0123” |
| Schedule 1 (Authorised Development), Permanent Works, Work No. 82, sub-paragraph (g) | For “mean of access” substitute | “means of access” |
| Schedule 1 (Authorised Development), in the section titled “Utilities Works”, Work No. U39 | For “Hatfield Peverel, and a point west” substitute | “Hatfield Peverel, at a point west” |
| Schedule 2, Part 1 (requirements), paragraph 1 (interpretation), definition of “begin” | For “means begin” substitute | “for the purposes of sections 154 of the 2008 Act, means beginning” |
| Schedule 2, Part 1, paragraph 1, definition of “First Iteration EMP” | For “certified by the Secretary of State as the First Iteration Environmental Management Plan” substitute | “certified by the Secretary of State as the First Iteration EMP” |
| Schedule 2, Part 1, paragraph 1 | After the definition of “first Iteration EMP”, insert | ““flood risk assessment” means the document of that description listed in Schedule 12 (documents to be certified) certified by the Secretary of State as the flood risk assessment for the purposes of this Order;” |
| Schedule 2, Part 1, paragraph 10(3)(c) (detailed design) | After “should accord with the”, omit | “scheme design approach” |
| Schedule 2, Part 1, paragraph 11 (surface and foul water drainage) | After sub-paragraph (2), insert | “(3) In this paragraph, “relevant local authority” means a county council or district council in whose area the part of the authorised development in question is located.” |
| Schedule 2, Part 1, paragraph 13(5) (noise mitigation) | After “sub-paragraph (1)”, omit | “(a)” |
| Schedule 2, Part 1, paragraph 15 (Messing operation phase traffic mitigation plan) | After paragraph (1), insert | “(1A) The scheme must include an assessment of improvements to the B1023 or another suitable corridor for walking, cycling and horse riding users, to help off-set the impacts of increased traffic on this route.” |
| Schedule 2, Part 2 (Procedure for discharge of requirements), paragraph 22(1)(b) (applications made under requirements) | For “under paragraph 22”, substitute | “under paragraph 23” |
| Schedule 2, Part 2, paragraph 23(3) (further information) | For “in paragraph 24”, substitute | “in paragraph 22” |
| Schedule 3, Part 10 (traffic regulation measures (no entry)), in the section headed “Traffic regulation measures movement restrictions plans – Sheet No. 10”, row 2, column 2 | For “(southwestbound) off -lip road” substitute | “(southwestbound) off-slip road” |
| Schedule 3, Part 12 (Revocations & variations of existing traffic regulation orders), in the section headed “Revocation of existing traffic orders plans – Sheet Nos. 1 to 19”, row 1, column 2 | After “A12 mainline” omit | “from a point” |
| Schedule 3, Part 12, in the section headed “Revocation of existing traffic orders plans – Sheet No. 5 (and 6)”, row 3, column 2 | After “a distance of”, insert | “75” |
| Schedule 3, Part 12, in the section headed “Revocation of existing traffic orders plans – Sheet No. 5 (and 6)”, rows 2 to 4, column 3 | In the three places where it occurs, for “Loading and Stropping)”, substitute | “Loading and Stopping)” |
| Schedule 3, Part 12, in the section headed “Revocation of existing traffic orders plans – Sheet No. 19”, row 1, column 2 | after “The A120 (both sides)”, omit | “from to the” |
| Schedule 4 (permanent stopping up of highways and private means of access & provision of new highways and private means of access), in the note to the schedule, paragraph (d) | For “means of access to be submitted for”, substitute | “means of access to be substituted for” |
| Schedule 4, Part 2 (Highways to be stopped up for which a substitute is to be provided), in the section headed “Sheet No. 14 (and 4-13 and 15-19)”, row 3, column 4 | After “The new A12 mainline northbound carriageway, from”, omit | “at” |
| Schedule 4, Part 2, in the section headed “Sheet No. 19”, row 1, column 4 | For “form Old Rectory junction,” substitute | “from Old Rectory junction,” |
| Schedule 4, Part 3 (new highways which are otherwise to be provided), in the section titled “Streets, rights of way and access plans – Sheet No. 19”, row 3, column 2 | For “form Old Rectory junction,” substitute | “from Old Rectory junction,” |
| Schedule 4, Part 5, in the section headed “Streets, Rights of Way and Access Plans – 13 (and 14)”, row 4, column 2 | After “244 metres north of the”, omit | “s” |
| Schedule 6 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants), paragraph 5(8); the substituted paragraph 14(1) of Schedule 2A to the Compulsory Purchase Act 1965(1) | For “makes it determination” substitute | “makes its determination” |
| Schedule 7 (land of which temporary possession may be taken), row 90 (plot reference number 6/12e), column 2 | After “Temporary works”, omit | “and” |
| Schedule 7, row 104 (plot reference number 7/10b), column 2 | After “Temporary works”, omit | “and” |
| Schedule 7, row 200 (plot reference number 12/9b), column 2 | After “Temporary works”, omit | “and” |
| Schedule 9, Part 1, in the section headed “Hedgerow Survey Report – Sheets 12 and 13, Retained and Removed Vegetation Plans – Sheet 7”, row 1, column 3 | For “Work Nos. 12(c) and 21(a)”, substitute | “Work Nos. 12(c) and 21A” |
| Schedule 9, Part 1, in the section headed “Hedgerow Survey Report – Sheet 16, Retained and Removed Vegetation Plans – Sheet 8”, row 1, column 3 | After “Work Nos. 12(c)”, omit | “, 24(f)” |
| Schedule 9, Part 1, in the section headed “Hedgerow Survey Report – Sheets 20 and 21, Retained and Removed Vegetation Plans – Sheet 14”, row 9, column 3 | For “Work Nos. 45(b), 75 and 76(a)” substitute | “Work Nos. 45(b), 75 and 76A” |
| Schedule 9, Part 2 (Removal of other hedgerows), in the section headed “Hedgerow Survey Report – Sheet 18 and 19, Retained and Removed Vegetation Plans – Sheet 12”, row 1, column 3 | For “Work Nos. 45(a) and 50(a)” substitute | “Work Nos. 45(a) and 50A” |
| Schedule 9, Part 2, in the section headed “Hedgerow Survey Report – Sheets 19 and 20, Retained and Removed Vegetation Plans – Sheet 13”, row 1, column 3 | For “Work No. 60(a)” substitute | “Work No. 60A” |
| Schedule 10 (disapplication and modification of byelaws), row 2, column 2 | After “Byelaw 29 (penalty and defence) is disapplied insofar” insert | “as” |
| Schedule 11 (protective provisions), Part 1 (For the protection of electricity, gas, water and sewerage undertakers), paragraph 2, in sub-paragraph (a) of the definition of “apparatus” | For “Electricity Act 1989”, substitute | “Electricity Act 1989)” |
| Schedule 11, Part 1, paragraph 2, in the tailpiece of sub-paragraph (d) of the definition of “apparatus” | For “of that Act”, substitute | “of that Act)” |
| Schedule 11, Part 2 (for the protection of operators of electronic communications code networks), paragraph 15, in the definition of “infrastructure system” | For “of that code; an”, substitute | “of that code; and” |
| Schedule 11, Part 4 (for the protection of National Grid Electricity Transmission PLC), paragraph 35, in the definition of ““commence” and “commencement”” | For “paragraph 43 and 44”, substitute | “paragraph 42” |
| Schedule 11, Part 6 (for the protection of railway interests), paragraph 69(3) | For “conferred by sections 27” substitute | “conferred by sections 271 (2)” |
| Schedule 12 (documents to be certified), row 5, column 1 | For “Engineering sections drawings” substitute | “Engineering section drawings” |
| Schedule 12, row 9, column 2 | For “TR010060/EXAM/6.1/9.65” substitute | “TR010060/EXAM/9.65” |
| Schedule 12, row 26, column 1 | For “Utility diversions plans” substitute | “Utilities works plans” |
2. In Schedule 12 (documents to be certified), after the entry for “Structures engineering drawings and sections” at row 22, insert—
| “Supplementary Botanical Survey Report | TR010060/EXAM/9.16 | Rev 2 |
| Supplementary Hedgerow Survey | TR010060/EXAM/9.50 | Rev 1” |
(1)
(2)
Section 271 was amended by paragraph 103 of Schedule 17 to the Communications Act 2003 (c. 21).