3.—(1) Subject to the provisions of this Order and to the Requirements in Schedule 2, the undertaker is granted development consent for the authorised development in Schedule 1 to be carried out within the Order limits.
(2) Subject to paragraph (3), each numbered work must be situated on the corresponding numbered line or numbered area shown on the works plans.
(3) In constructing each numbered work, the undertaker may deviate from the corresponding numbered line shown on the works plans or within the corresponding numbered areas shown on the works plans up to the limits of deviation.
4. 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.
5.—(1) The undertaker is hereby authorised to operate the generating station comprised in the authorised development.
(2) 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.—(1) The provisions of this Order shall—
(a)in respect of Works No. 3 and No. 5 have effect for the benefit of the undertaker and National Grid; and
(b)in respect of Work No. 7 have effect for the benefit of the undertaker and the highway authority.
(2) The undertaker may, with the consent of the Secretary of State—
(a)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 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 any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed
except where paragraph (5) applies in which case no such consent is required.
(3) Where an agreement has been made in accordance with paragraph (2) references in this Order to the undertaker, except in paragraph (4), include references to the transferee or the lessee.
(4) 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.
(5) This paragraph applies where—
(a)the transferee or lessee is the holder of a licence under section 6 of the Electricity Act 1989(1) or section 7 of the Gas Act 1986(2); or
(b)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 all such claims;
(iv)payment of compensation into court in lieu of settlement of all such claims has taken 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.
(6) Where paragraph (5) applies the undertaker must notify the Secretary of State in writing before transferring or granting any benefit referred to in paragraph (2).
7.—(1) The undertaker must not begin to exercise the powers in articles 10 to 29, 31 and 32 of this Order in relation to any land unless it has first put in place either—
(a)a guarantee in respect of the liabilities of the undertaker to pay compensation under this Order in respect of the exercise of the relevant power in relation to that land; or
(b)an alternative form of security for that purpose which has been approved by the Secretary of State.
(2) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation under the Order is to be treated as enforceable against the guarantor 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.
8. Regulation 6 of the Hedgerows Regulations 1997(3) is to be modified so as to read for the purposes of this Order only as if there were inserted after paragraph (1)(j) the following—
“(k)or for carrying out development which has been authorised by development consent made pursuant to the Planning Act 2008”.
1989 c.29. Section 6 was amended by section 30 of the Utilities Act 2000 (c.27), and section 6(10) amended by section 89(3) of the Energy Act 2004 (c.20). There are other amendments to the section that are not relevant to this Order.
1986 c.44. Section 7 was amended by section 5 of the Gas Act 1995 (c.45) and section 76(2) of the Utilities Act 2000 (c.27). There are other amendments to the section that are not relevant to this Order.
S.I. 1997/1160. There are amendments to the Regulations which are not relevant to this Order.