OpenLegislation

Article 2 InterpretationI1

England, Wales and Scotland

(1)

Except for Part 3 of Schedule 1 (requirements), which is subject to the additional definitions provided in that Schedule, in this Order—

  • “the 1961 Act” means the Land Compensation Act 1961f1;

  • “the 1980 Act” means the Highways Act 1980f2;

  • “the 1984 Act” means the Road Traffic Regulation Act 1984f3;

  • “the 1990 Act” means the Town and Country Planning Act 1990f4;

  • “the 1991 Act” means the New Roads and Street Works Act 1991f5;

  • “the 2008 Act” means the Planning Act 2008;

  • “the ancillary works” means the works described in Part 2 of Schedule 1 (ancillary works) which are not development within the meaning of section 32 of the 2008 Act;

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

  • “the authorised project” means the authorised development and the ancillary works authorised by this Order;

  • “the book of reference” means the book of reference submitted with the application (BFW/AppDoc/BoR) and 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;

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

  • “the Environment Agency” means the Environment Agency or any successor to its functions for the area in which the authorised development is located;

  • “the environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of the Order and submitted with the application;

  • “the footpath plan” means the plan entitled “New Access and Temporary Diversion of Public Rights of Way Plan” as submitted with the application (BFW/PLAN04/ACCESS) and certified as the footpath plan by the Secretary of State for the purposes of this Order;

  • “highway” has the same meaning as in the 1980 Act;

  • “the land plan” means the land plan submitted with the application (BFW/PLAN01/LANDPLAN) and certified as the land plan by the Secretary of State for the purposes of this Order;

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

  • “maintain” includes inspect, repair, adjust, remove, reconstruct and replace, and “maintenance” shall be construed accordingly;

  • “the Order limits” means the order limits shown on the works plan as the limits within which the authorised development may be carried out;

  • “owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981f6;

  • “the Requirements” means the requirements set out in Parts 3 and 4 of Schedule 1 (requirements);

  • “the relevant planning authority” means Carmarthenshire County Council or any successors to its statutory function as local planning authority for the area in which the authorised development is located;

  • “street” means a street within the meaning of section 48 of the 1991 Act, 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;

  • “the undertaker” means, subject to article 8(3) of this Order, RWE Npower Renewables Limited (company number 2550622);

  • “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; and

  • F1“the works plan” means the revised works plan submitted with the application dated 14th August 2015 for a non-material change to this Order under paragraph 2 of Schedule 6 to the 2008 Act and certified by the Secretary of State in accordance with article 18(1A).

(2)

All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised project shall be taken to be measured along that work.

(3)

References in this Order to numbered Requirements are to the Requirements with those numbers in Part 3 of Schedule 1 (requirements).

(4)

References in this Order to numbered Works are to the Works with those numbers in Part 1 of Schedule 1 (authorised development) and shown on the works plan.

Annotations

Textual amendments

F1

Words in art. 2(1) substituted (11.3.2016) by The Brechfa Forest West Wind Farm (Amendment) Order 2016 (S.I. 2016/337), arts. 1, 3(2)

Commencement

I1

Art. 2 in force at 13.3.2013, see art. 1

Footnotes

f1

1961 c.33. Section 2(2) was amended by section 193 of, and paragraph 5 of Schedule 33 to, the Local Government, Planning and Land Act 1980 (c.65). There are other amendments to the 1961 Act which are not relevant to this Order.

f2

1980 c.66. Section 1(1) was amended by section 21(2) of the New Roads and Street Works Act 1991 (c.22); sections 1(2), 1(3) and l(4) were amended by section 8 of, and paragraph (1) of Schedule 4 to, the Local Government Act 1985 (c.51); section l(2A) was inserted, and section 1(3) was amended, by section 259 (1), (2) and (3) of the Greater London Authority Act 1999 (c.29); sections 1(3A) and 1(5) were inserted by section 22(1) of, and paragraph 1 of Schedule 7 to, the Local Government (Wales) Act 1994 (c.19). Section 36(2) was amended by section 4(1) of, and paragraph 47(a) and (b) of Schedule 2 to, the Housing (Consequential Provisions) Act 1985 (c.71), by S.I. 2006/1177, by section 4 of, and paragraph 45(3) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c.11), by section 64(1) (2) and (3) of the Transport and Works Act (c.42) and by section 57 of, and paragraph 5 of Part 1 of Schedule 6 to, the Countryside and Rights of Way Act 2000 (c.37); section 36(3A) was inserted by section 64(4) of the Transport and Works Act 1992 (c.42) and was amended by S.I. 2006/1177; section 36(6) was amended by section 8 of, and paragraph 7 of Schedule 4 to, the Local Government Act 1985 (c.51); and section 36(7) was inserted by section 22(1) of, and paragraph 4 of Schedule 7 to, the Local Government (Wales) Act 1994 (c.19). Section 329 was amended by section 112(4) of, and Schedule 18 to, the Electricity Act 1989 (c.29) and by section 190(3) of, and Part 1 of Schedule 27 to, the Water Act 1989 (c.15). There are other amendments to the 1980 Act which are not relevant to this Order.

f3

1984 c.27.

f4

1990 c.8. Section 206 was amended by section 192(8) of, and paragraphs 7 and 11 of Schedule 8 to, the 2008 Act (date in force to be appointed see section 241(3), (4)(a), (c) of the 2008 Act). There are other amendments to the 1990 Act which are not relevant to this Order.

f5

1991 c.22. Section 48(3A) was inserted by section 124 of the Local Transport Act 2008 (c.26). Sections 79(4), 80(4), and 83(4) were amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004 (c.18).

f6

1981 c.67. Section 7 was amended by section 70 of, and paragraph 9 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34). There are other amendments to the 1981 Act which are not relevant to this Order.