{
  "url": "https://openlegislation.uk/hynet-carbon-dioxide-pipeline-order-2024/schedule-10/paragraph-252",
  "json_url": "https://openlegislation.uk/hynet-carbon-dioxide-pipeline-order-2024/schedule-10/paragraph-252.json",
  "legislation": "uksi/2024/436",
  "legislation_title": "The HyNet Carbon Dioxide Pipeline Order 2024",
  "legislation_url": "https://openlegislation.uk/hynet-carbon-dioxide-pipeline-order-2024",
  "path": "schedule/10/paragraph/252",
  "kind": "paragraph",
  "number": "252",
  "heading": "Interpretation",
  "text": "In this Part of this Schedule, the following terms have the following meanings—\n“Additional Rights” means rights for the construction and for access to and for the use, protection, inspection, maintenance, repair and renewal of retained Apparatus including any restrictions on the landowner and occupiers for the protection of the retained Apparatus and to allow Exolum to perform its functions;\n“Alternative Apparatus” means alternative apparatus adequate to enable Exolum to fulfil its functions as a pipeline operator in a manner not less efficient than previously;\n“Alternative Rights” means rights for the construction and for access to and for the use, protection, inspection, maintenance, repair and renewal of Alternative Apparatus including any restrictions on the landowner and occupiers for the protection of the Alternative Apparatus and to allow Exolum to perform its functions;\n“Apparatus” means the pipeline and storage system and any ancillary apparatus owned and/or operated by Exolum and includes—\n(a)any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;\n(b)any ancillary works, all protective wrappings, valves, sleeves and slabs, cathodic protection units, together with ancillary cables and markers;\n(c)such legal interest, and benefit of property rights and covenants as are vested in in respect of these items;\nand, where the context allows, includes Alternative Apparatus;\n“Application” means the application to the Secretary of State for the Order made by the undertaker under the Planning Act 2008 on 3 October 2022;\n“Authorised Development” has the same meaning as that given in article 2(1) (interpretation) of the Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised development and construction of any works authorised by this Schedule;\n“Commence” has the same meaning as that given in article 2(1) of the Order (and commencing must be construed accordingly);\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 or to provide for access to Apparatus in a manner consistent with the terms of this Part of this Schedule;\n“Exolum” means Exolum Pipeline System Ltd (company number 09497223) and for the purpose of enforcing the benefit of any provisions in this Schedule, any group company of Exolum Pipeline System Ltd and in all cases any successor in title;\n“Expert” is a person appointed in accordance with paragraphs 306 to 314 to resolve a dispute under this Schedule;\n“Functions” includes powers, duties and commercial undertaking;\n“in” in a context referring to Apparatus in land includes a reference to Apparatus under, over or upon land;\n“Order” means the order granting development consent, made by the Secretary of State and brought into force following the Application under the Planning Act 2008l\n“parties” means the undertaker and Exolum and “party” is to be construed accordingly;\n“Plan” includes all designs, drawings, sections, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary to allow Exolum to assess the relevant works to be executed properly and sufficiently and in particular must describe—\n(a)the exact position of the works;\n(b)the level at which the works are proposed to be constructed or renewed;\n(c)the manner of the works’ construction or renewal including details of excavation, positioning of plant etc.;\n(d)the position of the affected Apparatus and/or Premises and any other apparatus belonging to another undertaker;\n(e)by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;\n(f)any intended maintenance regime;\n(g)details of the proposed method of working and timing of execution of works; and\n(h)details of vehicle access routes for construction and operational traffic;\n“Premises” means land that Exolum owns, occupies or otherwise has rights to use including but not limited to storage facilities, administrative buildings and jetties;\n“Protective Works” means works for the inspection and protection of Apparatus;\n“Restricted Works” means any works that are near to, or will or may affect any Apparatus or Premises including—\n(a)all works within 15 metres measured in any direction of any Apparatus including embankment works and those that involve a physical connection or attachment to any Apparatus,\n(b)the crossing of Apparatus by other utilities,\n(c)the use of explosives within 400 metres of any Apparatus or Premises,\n(d)piling, undertaking of a 3D seismic survey or the sinking of boreholes within 30 metres of any Apparatus or Premises,\n(e)all works that impose a load directly upon the Apparatus, wherever situated\nwhether carried out by the undertaker or any third party in connection with the Authorised Development; and\n“Working Day” means any day other than a Saturday, Sunday or English bank or public holiday.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 10 para. 252 in force at 11.4.2024, see art. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2024/436/schedule/10/paragraph/252",
    "retrieved_at": "2026-10-28T21:31:46.616760+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."
}