Paragraph 131 InterpretationI1

In these Protective Provisions—

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

• “alternative apparatus” means appropriate alternative apparatus to the reasonable satisfaction of Triton Knoll to enable Triton Knoll to fulfil its statutory functions in a manner no less efficient than previously;

• “apparatus” means any electric lines or electrical plant as defined in the Electricity Act 1989, belonging to or maintained by Triton Knoll together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of Triton Knoll for the purposes of transmission, distribution and/or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;

• “authorised works” has the same meaning as is given to the term “authorised development” in article 2(1) of this Order and includes any associated development authorised by the Order and for the purposes of these Protective Provisions includes the use and maintenance of the authorised works and construction of any works authorised by these Protective Provisions;

• “commence” and “commencement” in these Protective Provisions shall include any below ground surveys, monitoring, ground work operations or the receipt and erection of construction plant and equipment;

• “functions” includes powers and duties;

• “ground mitigation scheme” means a scheme approved by Triton Knoll (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;

• “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, shall require the undertaker to submit for Triton Knoll’s approval a ground mitigation scheme;

• “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;

• “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;

• “maintain” and “maintenance” shall include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of Triton Knoll: construct, use, repair, alter, inspect, renew or remove the apparatus;

• “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;

• “specified works” means any of the authorised works or activities undertaken in association with the authorised works which—

  1. (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 135(2) or otherwise; and/or

  2. (b)

     may in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 135(2) or otherwise;

• “Triton Knoll” means Triton Knoll OFTO Limited (company registration number 14141892) whose registered office address is at 3rd Floor (South), 200 Aldersgate Street, London, United Kingdom, EC1A 4HD;

• “Triton Knoll access track” means the area of the Order land comprised of plots 64, 66A, 67A, 67B, 67C, 67D, 68A, 68B, 68D, 68E, 90, 97, 273, 274, 301, 317 and 349 contained in the book of reference to the Order connecting the A17 to Doubletwelves Drove required in connection with Work No.10;

• “undertaker” means the undertaker as defined in article 2(1) of this Order.