3.—(1) Subject to the provisions of this Order and to the requirements, the undertaker is granted development consent for the authorised development to be carried out within the Order limits.
(2) Each numbered work must be situated within the corresponding numbered area shown on the works plans.
4.—(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) This article only authorises the carrying out of maintenance works within the Order limits.
5.—(1) The undertaker is authorised to operate and use the authorised development for which development consent is granted by this Order..
(2) Other than as set out in this Order, this article does not relieve the undertaker of any requirement to obtain any permit or licence or any obligation under any legislation that may be required to authorise the operation of an electricity generating station.
6. The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purposes of, or in connection with, the construction, operation or maintenance of any part of the authorised development—
(a)section 24 (restrictions on abstraction) of the Water Resources Act 1991(1);
(b)the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 to the Water Resources Act 1991;
(c)section 23 of the Land Drainage Act 1991 (prohibition of obstructions etc. in watercourses);
(d)the provisions of any byelaws made under section 66 of the Land Drainage Act 1991 (powers to make byelaws); and
(e)the provisions of the Neighbourhood Planning Act 2017(2) insofar as they relate to temporary possession of land under articles 32 (temporary use of land for the construction of the authorised development) and 33 (temporary use of land for maintaining the authorised development) of this Order.
7.—(1) Subject to paragraph (2), paragraph (3) and article 8 (consent to transfer benefit of the Order), the provisions of this Order have effect solely for the benefit of the undertaker.
(2) Paragraph (1) does not apply to Work No. 6A and 6B in respect of which the provisions of this Order have effect for the benefit of the undertaker and Anglian Water.
(3) Paragraph (1) does not apply to Work No. 9 in respect of which the provisions of this Order have effect for the benefit of the undertaker and EPN.
8.—(1) Subject to paragraph (4), the undertaker may—
(a)transfer to another person (“the transferee”) all or any part of the benefit of the provisions of this Order (including any of the numbered works or any part of the numbered works) and such related statutory rights as may be agreed in writing between the undertaker and the transferee; or
(b)grant to another person (“the lessee”), for a period agreed between the undertaker and the lessee, all or any part of the benefit of the provisions of this Order (including any of the numbered works or any part of the numbered works) and such related statutory rights as may be agreed between the undertaker and the lessee.
(2) Where an agreement has been made in accordance with paragraph (1)(a) or (1)(b) references in this Order to the undertaker, except paragraph (3), include references to the transferee or the lessee.
(3) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) 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) The consent of the Secretary of State is required for the exercise of the powers of paragraph (1) except where—
(a)the transferee or lessee holds a licence under section 6 (licenses authorising supply, etc) of the Electricity Act 1989(3);
(b)in relation to a transfer or lease of any works within a highway, the transferee or lessee is a highway authority responsible for the relevant highway; or
(c)the time limits for all claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and—
(i)no such claims have been made;
(ii)any such claims that have been made have all been compromised or withdrawn;
(iii)compensation has been paid in final settlement of any claims made;
(iv)payment of compensation into court in lieu of settlement of all such claims has take place; or
(v)it has been determined by a tribunal or court of competent jurisdiction in respect of all claims that no compensation is payable.
(5) Where the consent of the Secretary of State is not required under paragraph (4), the undertaker must notify the Secretary of State in writing before transferring or granting all or any part of the benefit of the provisions of this Order and such related statutory rights referred to in paragraph (1).
(6) The notification referred to in paragraph (5) must state—
(a)the name and contact details of the person to whom the benefit of the powers will be transferred or granted;
(b)subject to paragraph (7), the date on which the transfer will take effect;
(c)the powers to be transferred or granted;
(d)pursuant to paragraph (3), the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted; and
(e)where relevant, a plan showing the works or areas to which the transfer or grant relates.
(7) The date specified under paragraph (6)(b) must not be earlier than the expiry of fourteen working days from the date of the receipt of the notice.
(8) The notice given under paragraph (5) must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notice.
9.—(1) The undertaker must not begin to exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any part of the Order land unless it has first put in place, following approval by the Secretary of State, either—
(a)a guarantee in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) in respect of the exercise of the relevant provision in relation to that part of the Order land; or
(b)an alternative form of security in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) in respect of the exercise of the relevant provision in relation to that part of the Order land.
(2) The provisions are—
(a)article 23 (compulsory acquisition of land);
(b)article 25 (compulsory acquisition of rights and imposition of restrictive covenants);
(c)article 26 (acquisition of subsoil only);
(d)article 27 (private rights);
(e)article 28 (power to override easements and other rights);
(f)article 31 (rights under or over streets);
(g)article 32 (temporary use of land for the construction of the authorised development);
(h)article 33 (temporary use of land for maintaining the authorised development); and
(i)article 34 (statutory undertakers).
(3) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation under this Order is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person.
(4) Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised.
1989 c. 29. Section 6 was amended by section 30 of the Utilities Act 2000 (c. 27), sections 89(3), 136(1), 136(2), 145(5), 145(6), and 145(7), and paragraph 5 of Schedule 19 and paragraph 1 of Schedule 23(1) to the Energy Act 2004 (c. 20), articles 6(2)(a), 6(2)(b), 6(3), 6(4) of the Electricity and Gas (Smart Meters Licensable Activity) Order 2012/2400, regulation 19 of the Electricity and Gas (Internal Markets) Regulations 2011/2704, and by paragraph 2 of Schedule 8 to the Climate Change Act 2008 (c. 27).