# The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022, Paragraph 18: Interpretation

Extent: E+W+S

(1) For the protection of the Canal and River Trust the following provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and the Canal and River Trust.
(2) In this Part of this Schedule—
“Code of Practice” means the Code of Practice for Works Affecting the Canal and River Trust (April 2022) or any updates or amendments thereto;
“construction”, in relation to any specified work or protective work, includes—
(a)the execution and placing of that work; and
(b)any relaying, renewal, or maintenance of that work as may be carried out during the period of 24 months from the completion of that work; and “construct” and “constructed” have corresponding meanings;
“Canal and River Trust’s network” means the Canal and River Trust’s network of waterways;
“detriment” means any damage to the waterway or any other property of the Canal and River Trust caused by the presence of the authorised development and, without prejudice to the generality of that meaning, includes—
(a)any obstruction of, or interference with, or hindrance or danger to, navigation or to any use of the waterway (including towing paths);
(b)the erosion of the bed or banks of the waterway, or the impairment of the stability of any works, lands or premises forming part of the waterway;
(c)the deposit of materials or the siltation of the waterway so as to damage the waterway;
(d)the pollution of the waterway;
(e)any significant alteration in the water level of the waterway, or significant interference with the supply of water thereto, or drainage of water therefrom;
(f)any harm to the ecology of the waterway (including any adverse impact on any site of special scientific interest comprised in the Canal and River Trust’s network); and
(g)any interference with the exercise by any person of rights over Canal and River Trust’s network;
“the engineer” means an engineer appointed by the Canal and River Trust for the purpose in question;
“plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction) and programmes;
“practical completion” means practical completion of all of the specified work notwithstanding that items which would ordinarily be considered snagging items remain outstanding, and the expression “practically complete” and “practically completed” is to be construed accordingly;
“protective work” means a work constructed under paragraph 22(3)(a);
“specified work” means so much of Work Nos. 4A, 8A, 9A, 9B, 10B and 11A as is situated upon, across, under, over or within 15 metres of, or may in any way affect the waterway;
“the waterway” means each and every part of the Stainforth and Keadby Canal within the order limits, and any works, lands or premises belonging to the Canal and River Trust, or under its management or control, and held or used by the Canal and River Trust in connection with that canal in connection with its statutory functions.
(3) Where the Code of Practice applies to any works or matter that are part of the authorised development or that form part of the protective works and there is an inconsistency between these protective provisions and the Code of Practice, the part of the Code of Practice that is inconsistent with these protective provisions will not apply and these protective provisions will apply. The undertaker will identify and agree with the Canal and River Trust those parts of the Code of Practice which are not applicable to the construction of the specified works and for the avoidance of doubt the undertaker will not be required to comply with those agreed parts of the Code of Practice.

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Source: https://www.legislation.gov.uk/uksi/2022/1396/schedule/10/paragraph/18 (the official version)
Page: https://openlegislation.uk/keadby-3-carbon-capture-equipped-gas-fired-generating-station-order-2022/schedule-10/paragraph-18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

