PART 1Preliminary

Citation and commencement

article 1 + 1.—(1) This Order may be cited as the Viking CCS Carbon Dioxide Pipeline Order 2025.

(2) This Order comes into force on 1st May 2025.

Interpretation

article 2 + 2.—(1) In this order –

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

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

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

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

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

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

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

term 2003 act + “2003 Act” means the Communications Act 2003(8);

term 2008 act + “2008 Act” means the Planning Act 2008(9);

term access and rights of way plans + “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;

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

term agi + “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;

term development + 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 that are not development within the meaning of section 32 (meaning of “development”) of the 2008 Act;

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

term authorised development + “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;

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

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

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 this Order;

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

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

term bvs + “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;

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

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

term commence + “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;

term electronic transmission + “electronic transmission” means a communication transmitted—

term electronic communications network + 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;

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

term existing pipeline + “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;

term general arrangement plans + “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;

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

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

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

term maintain + term maintain + “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;

term new pipeline + “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;

term order land + “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;

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

term outline archaeological written scheme of investigation + “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;

term outline construction environment management plan + “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;

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;

term outline landscape and ecological management plan + “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;

term outline operational phase mitigation plan + “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;

term outline surface water drainage strategy + “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;

term the permit scheme + “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);

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

term pipeline works + “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);

term relevant planning authority + “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;

term requirements + “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;

term statutory undertaker + “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;

term street + “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;

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

term theddlethorpe facility + “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;

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

term trenchless installation techniques + “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;

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

term undertaker + “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;

term watercourse + “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;

term works plans + “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.

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