{
  "url": "https://openlegislation.uk/gate-burton-energy-park-order-2024/schedule-14/paragraph-98",
  "json_url": "https://openlegislation.uk/gate-burton-energy-park-order-2024/schedule-14/paragraph-98.json",
  "legislation": "uksi/2024/807",
  "legislation_title": "The Gate Burton Energy Park Order 2024",
  "legislation_url": "https://openlegislation.uk/gate-burton-energy-park-order-2024",
  "path": "schedule/14/paragraph/98",
  "kind": "paragraph",
  "number": "98",
  "heading": "Interpretation",
  "text": "In this Part of this Schedule—\n“1991 Act” means the New Roads and Street Works Act 1991;\n“acceptable credit provider” means a bank or financial institution with a credit rating that is not lower than: (i) “A-” if the rating is assigned by Standard & Poor’s Ratings Group or Fitch Ratings; and “A3” if the rating is assigned by Moody’s Investors Services Inc.;\n“acceptable insurance” means general third party liability insurance effected and maintained by the undertaker with a combined property damage and bodily injury limit of indemnity of not less than £50,000,000.00 (fifty million pounds) per occurrence or series of occurrences arising out of one event. Such insurance shall be maintained (a) during the construction period of the authorised works; and (b) after the construction period of the authorised works in respect of any use and maintenance of the authorised development by or on behalf of the undertaker which constitute specified works and arranged with an insurer whose security/credit rating meets the same requirements as an “acceptable credit provider”, such insurance shall include (without limitation):\n(a)a waiver of subrogation and an indemnity to principal clause in favour of National Grid ; and\n(b)pollution liability for third party property damage and third party bodily damage arising from any pollution/contamination event with a (sub)limit of indemnity of not less than £10,000,000.00 (ten million pounds) per occurrence or series of occurrences arising out of one event or £20,000,000.00 (twenty million pounds) in aggregate;\n“acceptable security” means either:\n(a)a parent company guarantee from a parent company in favour of National Grid to cover the undertaker’s liability to National Grid to a total liability cap of £50,000,000.00 (fifty million pounds) (in a form reasonably satisfactory to National Grid and where required by National Grid, accompanied with a legal opinion confirming the due capacity and authorisation of the parent company to enter into and be bound by the terms of such guarantee); or\n(b)a bank bond or letter of credit from an acceptable credit provider in favour of National Grid to cover the undertaker’s liability to National Grid for an amount of not less than £10,000,000.00 (ten million pounds) per asset per event up to a total liability cap of £50,000,000.00 (fifty million pounds) (in a form reasonably satisfactory to National Grid);\n“alternative apparatus” means appropriate alternative apparatus to the satisfaction of National Grid to enable National Grid to fulfil its statutory functions in a manner no less efficient than previously;\n“apparatus” means any electric lines or electrical plant as defined in the Electricity Act 1989, belonging to or maintained by National Grid together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of National Grid for the purposes of transmission, distribution or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;\n“authorised development” has the same meaning as in article ‎2 (interpretation) of this Order (unless otherwise specified) and includes any associated development authorised by the Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised works and construction of any works authorised by this Schedule;\n“commence” and “commencement” in this Part of this Schedule has the same meaning as in article ‎2 of this Order;\n“deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary or replace existing easements, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;\n“functions” includes powers and duties;\n“ground mitigation scheme” means a scheme approved by National Grid (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;\n“ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, is to require the undertaker to submit for National Grid’s approval a ground mitigation scheme;\n“ground subsidence event” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme;\n“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;\n“maintain” and “maintenance” include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of National Grid: construct, use, repair, alter, inspect, renew or remove the apparatus;\n“National Grid” means National Grid Electricity Transmission Plc (Company No. 2366977) whose registered office is at 1-3 Strand, London, WC2N 5EH or any successor as a licence holder within the meaning of Part 1 of the Electricity Act 1989;\n“NGESO” means as defined in the STC;\n“parent company” means a parent company of the undertaker acceptable to and which shall have been approved by National Grid acting reasonably;\n“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;\n“specified works” means any of the authorised development or activities undertaken in association with the authorised development which—\n(a)will or may be situated over, or within 15 metres measured in any direction of any apparatus the removal of which has not been required by the undertaker under paragraph ‎103 or otherwise; or\n(b)may in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph ‎103 or otherwise; or\n(c)includes any of the activities that are referred to in development near overhead lines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines”;\n(d)“Transmission Owner” means as defined in the STC; and\n(e)“undertaker” means the undertaker as defined in article ‎2(1) of this Order;\n“STC” means the System Operator Transmission Owner Code.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in Sch. 14 para. 98 inserted (28.11.2024) by The Gate Burton Energy Park (Correction) Order 2024 (S.I. 2024/1249), art. 1, Sch."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 14 para. 98 substituted (28.11.2024) by The Gate Burton Energy Park (Correction) Order 2024 (S.I. 2024/1249), art. 1, Sch."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 14 para. 98 inserted (28.11.2024) by The Gate Burton Energy Park (Correction) Order 2024 (S.I. 2024/1249), art. 1, Sch."
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 14 para. 98 in force at 3.8.2024, see art. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1989 c.29."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2024/807/schedule/14/paragraph/98",
    "retrieved_at": "2026-10-28T21:27:56.607554+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}