{
  "url": "https://openlegislation.uk/national-grid-bramford-to-twinstead-reinforcement-order-2024/article-12",
  "json_url": "https://openlegislation.uk/national-grid-bramford-to-twinstead-reinforcement-order-2024/article-12.json",
  "legislation": "uksi/2024/958",
  "legislation_title": "The National Grid (Bramford to Twinstead Reinforcement) Order 2024",
  "legislation_url": "https://openlegislation.uk/national-grid-bramford-to-twinstead-reinforcement-order-2024",
  "path": "article/12",
  "kind": "article",
  "number": "12",
  "heading": "Application of the permit schemes",
  "text": "(1) The permit schemes apply to the construction of the authorised development and will have effect in connection with the exercise by the undertaker of any powers conferred by this Part.\n(2) For the purposes of this Order—\n(a) a permit may not be refused or granted subject to conditions which relate to the imposition of moratoria;\n(b) a permit may not be granted subject to conditions where compliance with those conditions would constitute a breach of this Order or where the undertaker would be unable to comply with those conditions through the exercise of the powers conferred by this Order;\n(c) a permit may not be refused where the proposed reason for refusal is the inability to impose a condition which will not comply with paragraph (b); and\n(d) where a provisional advance authorisation has been granted to the undertaker in advance of the grant of a permit in relation to the construction of the authorised development, the relevant street authority may not grant a permit for any other works in the location during the time period to which that provisional advance authorisation relates save that nothing will restrict the ability of the local highway authority to grant a permit for immediate works.\n(3) Irrespective of anything which is stated to the contrary within the permit schemes, where the undertaker submits an application for a permit in relation to the construction of the authorised development subject to proposed conditions and the relevant highway authority wishes for different conditions to be imposed on the permit, the relevant highway authority must seek to reach agreement with the undertaker on the conditions subject to which the permit is to be granted and provide alternative permit conditions, as appropriate, to the undertaker within ten working days following the date on which the application for the permit is made by the undertaker and must not refuse an application for a permit before the end of the period which is five working days following the date on which the alternative permit conditions are provided to the undertaker.\n(4) Where the undertaker confirms its agreement to the alternative permit conditions provided by the relevant highway authority pursuant to paragraph (3) before the expiry of five working days following the date on which any such alternative permit conditions are provided to the undertaker, the relevant highway authority must grant the permit subject to those conditions.\n(5) Any alternative permit conditions provided by a relevant highway authority in accordance with paragraph (3) must comply with paragraph (1)(b).\n(6) References to moratoria in paragraph (1) mean restrictions imposed under section 58 (restriction on works following substantial road works) or section 58A (restriction on works following substantial street works) of the 1991 Act.\n(7) Reference to immediate works in paragraph (1)(d) means emergency works as that term is defined in section 52 of the 1991 Act and urgent works as that term is defined in regulation 3(1) of the Street Works (Registers, Notices, Directions and Designations) (England) Regulations 2007.\n(8) Without restricting the undertaker’s recourse to any alternative appeal mechanism which may be available under the permit schemes or otherwise, the undertaker may appeal any decision to refuse to grant a permit or to grant a permit subject to conditions pursuant to the permit schemes in accordance with the mechanism set out in Schedule 4 (Discharge of Requirements) of this Order.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in art. 12(6) substituted (9.4.2025) by The National Grid (Bramford to Twinstead Reinforcement) (Correction) Order 2025 (S.I. 2025/475), art. 1, Sch. Table 1"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in art. 12 substituted (9.4.2025) by The National Grid (Bramford to Twinstead Reinforcement) (Correction) Order 2025 (S.I. 2025/475), art. 1, Sch. Table 1"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 12 in force at 4.10.2024, see art. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 2007/1951."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2024/958/article/12",
    "retrieved_at": "2026-10-28T21:26:26.573366+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."
}