PART 2Principal Powers
Development consent etc. granted by the Order
article 3 3.—(1) Subject to the provisions of this Order and to the requirements, the undertaker is granted—
article 3 1 a (a)development consent for the authorised development; and
article 3 1 b (b)consent for the ancillary works,
to be carried out within the Order limits.
Operation and use of the authorised development
article 4 4.—(1) The undertaker may at any time operate and use the authorised development and the existing pipeline except to the extent that this Order or an agreement made under this Order provides otherwise.
(2) Subject to the provisions of this Order the undertaker is granted consent to use the existing pipeline for the conveyance of carbon dioxide.
(3) The consent granted under paragraphs (1) and (2) does not relieve the undertaker from compliance with any obligation under the Pipeline Safety Regulations 1996(1).
Power to maintain the authorised development
article 5 5.—(1) The undertaker may at any time maintain the authorised development, except to the extent that this Order or an agreement made under this Order provides otherwise.
(2) Paragraph (1) does not authorise diversion of the authorised development—
article 5 2 a (a)outside the limits of deviation; or
article 5 2 b (b)which would result in the authorised development varying from the description in Schedule 1 (authorised development).
Limits of deviation
article 6 6.—(1) In carrying out or maintaining the authorised development, the undertaker may—
article 6 1 a (a)deviate the works laterally within the extent of the limits of deviation for those works shown on the works plans;
article 6 1 b (b)deviate the pipeline works vertically upwards to a limit of not less than 1.2 metres below the surface of the ground (except where ground conditions make compliance with this upwards limit impracticable in which case the upwards limit is 0.7 metres below the surface of the ground);
article 6 1 c (c)in respect of those sections of the pipeline works which may be constructed and installed using trenchless installation techniques, deviate the pipeline works vertically downwards to such extent as may be found necessary or convenient subject to a maximum depth of 20 metres;
article 6 1 d (d)deviate works other than the pipeline works vertically—
article 6 1 d i (i)upwards or above ground level to the height limits set for those works in Schedule 2 (requirements); and
article 6 1 d ii (ii)downwards to any extent as may be found necessary or convenient.
(2) The maximum limits of vertical deviation specified in paragraphs (1)(b), (c) and (d) do not apply where it is demonstrated by the undertaker to the Secretary of State’s satisfaction and the Secretary of State, following consultation with the relevant planning authority, certifies accordingly that a deviation in excess of these limits would not give rise to any materially new or materially different environmental effects to those identified in the environmental statement.
Benefit of the Order
article 7 7.—(1) Subject to this article, the provisions of this Order have effect solely for the benefit of the undertaker.
(2) Subject to paragraph (3), the undertaker may with the written consent of the Secretary of State—
article 7 2 a (a)term the transferee transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; and
article 7 2 b (b)term the lessee grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.
(3) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (2) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.
(4) Paragraph (1) does not apply to the works for which consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.
(5) Where an agreement has been made in accordance with paragraph (2), references in this Order to the undertaker, except in paragraph (3), shall include references to the transferee or the lessee.