PART 1Preliminary

Interpretation

2.—(1) In this order –

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

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

“1980 Act” means the Highways Act 1980(3);

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

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

“1990 Act” means the Town and Country Planning Act 1990(6);

“1991 Act” means the New Roads and Street Works Act 1991(7);

“2003 Act” means the Communications Act 2003(8);

“2008 Act” means the Planning Act 2008(9);

“access and rights of way plans” means the plans certified as the access and rights of way plans by the Secretary of State for the purposes of this Order;

“address” includes any number or address used for the purposes of electronic transmission;

“AGI” means above ground installation, being a secure compound above ground level containing equipment relating to a pipeline which is necessary for its operation and/or maintenance, including PIG facilities, ancillary infrastructure (including lighting and parking provisions), and electrical and instrumentation kiosks;

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

“apparatus” has the same meaning as in section 105(1) (minor definitions) of the 1991 Act;

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

“bank holiday” means a bank holiday in England and Wales under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971(10);

“block valve” means an intermediate underground valve which can rapidly stem the flow of the carbon dioxide;

“book of reference” means the document certified as the book of reference by the Secretary of State for the purposes of this Order;

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

“business day” means a day other than a Saturday or Sunday or a bank holiday;

“BVS” means block valve station, being a secure compound above ground level containing equipment relating to the pipeline which is necessary for its operation and/or maintenance, including a block valve, ancillary infrastructure (including lighting, parking provisions), and above ground electrical and instrumentation kiosks;

“carriageway” has the same meaning as in the 1980 Act;

“CEMP” means the construction environment management plan to be approved under requirement 5;

“commence” means beginning to carry out a material operation, as defined in section 155 (when development begins) of the 2008 Act, comprised in or carried out for the purposes of the authorised development other than 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, and “commencement”, “commenced” and cognate expressions are to be construed accordingly;

“electronic transmission” means a communication transmitted—

and in this definition “electronic communications network” has the same meaning as in section 32(1) (meaning of electronic communications networks and services) of the 2003 Act;

“environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of this Order;

“existing pipeline” means the existing natural gas pipeline, constructed in accordance with a pipeline construction authorisation issued by the Secretary of State on 2nd April 1987, which pipeline is to be repurposed under this Order;

“general arrangement plans” means the Immingham Facilities Plot Plan, the Theddlethorpe Facility Plot Plan, the Washingdales Lane Block Valve Station plan, the Thoroughfare Block Valve Station plan, and the Louth Road Block Valve Station plan certified as the general arrangement plans by the Secretary of State for the purposes of this Order;

“highway”, “highway authority” and “local highway authority” have the same meaning as in the 1980 Act and “highway” includes part of a highway;

“land plans” means the document certified as the land plans by the Secretary of State for the purposes of this Order;

“limits of deviation” means the limits of deviation referred to in article 6 (limits of deviation);

“maintain” includes inspect, assess, repair, test, cleanse, adjust, landscape, preserve, make safe, divert or alter the authorised development, and remove, clear, reconstruct, re-new, re-lay, re-furbish, improve, replace, dismantle, demolish, abandon or decommission any part of the authorised development, provided these activities do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement, but must not include the renewal, re-laying, reconstruction or replacement of the entirety of the new pipeline; and any derivative of “maintain” is to be construed accordingly;

“new pipeline” means the pipeline to be constructed and operated as part of the authorised development forming Work Nos. 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 and 43;

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

“Order limits” means the limits shown on the works plans within which the authorised development may be carried out;

“outline archaeological written scheme of investigation” means the document certified as the outline archaeological written scheme of investigation by the Secretary of State for the purposes of this Order;

“outline construction environment management plan” means the document certified as the outline construction environment management plan by the Secretary of State for the purposes of this Order;

“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;

“outline landscape and ecological 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;

“outline operational phase mitigation plan” means the document certified as the outline operational phase mitigation plan by the Secretary of State for the purposes of this Order;

“outline surface water drainage strategy” means the document certified as the outline surface water drainage strategy by the Secretary of State for the purposes of this Order;

“the permit scheme” means the Lincolnshire Permit Scheme for Road Works and Street Works Order 2016, which scheme is made under Part 3 of the Traffic Management Act 2004(11);

“PIG” means pipeline inspection gauge, a device used for internal maintenance, cleaning, and monitoring of a pipeline;

“pipeline works ” means Work Nos. 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 and 43 as described in Part 1 of Schedule 1 (authorised development);

“relevant planning authority” means in any given provision of this Order (including the requirements), the local planning authorityfor the area of land to which the provision relates is situated;

“requirements” means those matters set out in Schedule 2 (requirements) to this Order and a reference to a numbered requirement is a reference to the requirement imposed by the corresponding numbered paragraph of that Schedule;

“statutory undertaker” means any person falling within section 127(8) (statutory undertakers’ land) of the 2008 Act and a public communications provider as defined in section 151 (interpretation of chapter 1) of the 2003 Act;

“street” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act(12), together with land on the verge of a street or between two carriageways, and includes part of a street;

“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act(13);

“Theddlethorpe Facility” means an AGI for the control and interface of the pipeline to the Theddlethorpe facility, within the location shown as Work No. 44 on Sheet 35 of the Works Plans;

“traffic authority” has the same meaning as in the 1984 Act;

“trenchless installation techniques” means the installation of the new pipeline and/or associated electronic communications cabling by means of boring techniques including horizontal directional drilling, auger boring and micro-tunnelling;

“tribunal” means the Lands Chamber of the Upper Tribunal;

“undertaker” means, subject to article 7 (benefit of the order), Chrysaor Production (U.K.) Limited, incorporated under company number 00524868 and having its registered office at 151 Buckingham Palace Road, London, England SW1W 9SZ;

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

“works plans” means the plan or plans certified as such by the Secretary of State for the purposes of this Order.

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

(3) All distances, directions, areas and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work.

(4) For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

(5) References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the relevant plans.

(6) References in this Order to numbered works are references to the works as numbered in Part 1 of Schedule 1 (authorised development).

(7) References to any statutory body includes that body’s successor bodies from time to time that have jurisdiction over the authorised development.

(8) In this Order, the expression “includes” is to be construed without limitation.