Article 2 InterpretationI1

In this Order, unless where provided or the context requires otherwise—

• “1961 Act” means the Land Compensation Act 1961^f1;

• “1965 Act” means the Compulsory Purchase Act 1965^f2;

• “1980 Act” means the Highways Act 1980^f3;

• “1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981^f4;

• “1984 Act” means the Road Traffic Regulation Act 1984^f5;

• “1990 Act” means the Town and Country Planning Act 1990^f6;

• “1991 Act” means the New Roads and Street Works Act 1991^f7;

• “2003 Act” means the Communications Act 2003;^f8

• “2008 Act” means the Planning Act 2008^f9;

• “2016 Regulations” means the Environmental Permitting (England and Wales) Regulations 2016^f10;

• “access, rights of way and public rights of navigation plans” means the plans listed in Part 1 of Schedule 2 (plans) and certified under article 56 (certification of documents), and references to a particular access, rights of way and public rights of navigation plan are to be construed accordingly;

• “archaeological framework strategy” means the document of that description (document 7.9), certified by the Secretary of State as the archaeological framework strategy for the purposes of this Order under article 56 (certification of documents), identifying steps to mitigate predicted effects on archaeology, geo-archaeology, palaeo-environmental and historic landscape heritage assets during construction of the authorised development;

• “authorised development” means the development described in Schedule 1 (authorised development), F1and any other development authorised by this Order, which is development within the meaning of section 32 of the 2008 Act;

• “bank holiday” means a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971^f11;

• “book of reference” means the book of reference (document 4.3 (F)) certified under article 56 (certification of documents) by the Secretary of State as the book of reference for the purposes of this Order;

• “building” includes any structure or erection or any part of a building, structure or erection;

• “business day” means Monday to Friday excluding bank holidays and other public holidays;

• “carriageway” has the same meaning as in the 1980 Act;

• “commence” means the carrying out of any material operation (as defined in section 155(2) (when development begins) of the 2008 Act) forming part of the authorised development other than the pre-commencement operations and “commencement” and “commenced” are to be construed accordingly;

• “electric line” has the meaning set out in section 64(1) of the Electricity Act 1989 (interpretation etc. of Part 1) which includes but is not limited to new pylons, foundations and steelwork, conductors, insulators and fittings, fibre optic earthwire conductors, joint boxes, joint pits, joint bays, cables, cable ducts and link pillars;

• “electronic transmission” means a communication transmitted—

  1. (a)

     by means of an electronic communications network; or

  2. (b)

     by other means but while in electronic form;

• “environmental statement” means the environmental statement (documents 6.1 to 6.4 (inclusive)) together with any supplemental or additional environmental information certified under article 56 (certification of documents), and any environmental statement submitted for the purposes of complying with and/or discharging the requirements, and any entries in the final version of the errata list (document 8.4.3 (C)) that relate to any of these documents;

• “highway” and “highway authority” have the same meaning as in the 1980 Act;

• “land plans” mean the relevant plans listed in Part 2 of Schedule 2 (plans) and certified under article 56 (certification of documents), and references to a particular land plan are to be construed accordingly;

• “limits of deviation” means the limits of deviation referred to in article 5 (limits of deviation) and shown on the work plans;

• “maintain” includes inspect, repair, adjust, alter, dismantle, remove, clear, refurbish, paint, surface treat, decommission, improve, reconstruct or replace any part, but not remove, reconstruct or replace the whole, of the authorised development including through the use of robots, helicopters, drones, gadgets or similar devices either remote controlled or autonomous, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement, and any derivative of “maintain” must be construed accordingly;

• “National Grid” means National Grid Electricity Transmission plc (registered company number 2366977);

• “operational use” occurs when part of the authorised development first transmits electricity at either 400kV or higher voltages;

• “Order land” means the land shown on the land plans and described in the book of reference;

• “Order limits” means the limits shown on the work plans within which the authorised development may be carried out;

• “outline construction environmental management plan” means the document of that description (together with its appendices) (documents 7.5 (E), 7.5.1 (D) and 7.5.2 (F)) certified by the Secretary of State as the outline construction environmental management plan for the purposes of this Order under article 56 (certification of documents);

• “outline construction traffic management plan” means the document of that description (together with its appendices) (document 7.6 (D)) certified by the Secretary of State as the outline construction traffic management plan for the purposes of this Order under article 56 (certification of documents);

• “outline landscape and ecological management plan” means the document of that description (together with its appendices) (documents 7.8 (D), 7.8.1 (C), 7.8.2 (D) and 7.8.3 (C)) certified by the Secretary of State as the outline landscape and ecological management plan for the purposes of this Order under article 56 (certification of documents);

• “outline materials and waste management plan” means the document of that description (document 7.7 (B)) certified by the Secretary of State as the outline materials and waste management plan for the purposes of this Order under article 56 (certification of documents);

• “outline public right of way management plan” means the document of that description (together with its appendices) (document 8.5.8 (B)) certified by the Secretary of State as the outline public right of way management plan for the purposes of this Order under article 56 (certification of documents);

• “outline written scheme of investigation” means the document of that description (document 7.10 (D)), certified by the Secretary of State as the outline written scheme of investigation for the purposes of this Order under article 56 (certification of documents), setting out the proposed approach to archaeological mitigation and investigations to be undertaken in association with the construction of the authorised development;

• “owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981^f12;

• “permit schemes” means any scheme made under Part 3 of the Traffic Management Act 2004^f13 as in force at the date on which this Order is made including the Traffic Management (Essex County Council) Permit Scheme Order 2015^f14 as varied by The Essex County Council (Permit Scheme) (Variation) Order 2015;

• “pre-commencement operations” means operations consisting of engineering investigations and surveys, environmental (including archaeological) investigations and monitoring, surveys and monitoring investigations for the purpose of assessing ground conditions, diversion and laying of services, demolition of existing buildings, site clearance, environmental mitigation measures, remediation in respect of any contamination or other adverse ground conditions, set up works associated with the establishment of construction compounds, temporary accesses, erection of any temporary means of enclosure or temporary demarcation fencing marking out site boundaries and the temporary display of site notices or advertisements;

• “provisional advance authorisation” has the same meaning as in regulation 2 of the Traffic Management Permit Scheme Regulations 2007^f15;

• “relevant highway authority” means, in any given provision of this Order, the local highway authority for the area to which the provision relates;

• “relevant planning authority” means, in any given provision of this Order, the local planning authority for the area to which the provision relates;

• “relevant street authority” means, in any given provision of this Order, the local highway authority for the area to which the provision relates;

• “requirements” means the requirements listed in Schedule 3 (requirements), and any reference to a numbered requirement is to be construed accordingly;

• “special category land plans” means the plans listed in Part 3 of Schedule 2 (plans) and certified under article 56 (certification of documents) and references to a particular special category land plan are to be construed accordingly;

• “statutory undertaker” means any person falling within section 127(8) of the 2008 Act;

• “street” means a street within the meaning of section 48 of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

• “street authority”, in relation to a street, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

• “temporary construction works” means the temporary construction works described in Schedule 1 (authorised development) to the Order;

• “the table of parameters” means the information shown on the sheet labelled as Table of Parameters within the work plans;

• “traffic” has the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act;

• “traffic authority” has the same meaning as in the 1984 Act;

• “traffic regulation order plans” mean the plans listed in Part 4 of Schedule 2 (plans) and certified under article 56 (certification of documents), and references to a particular traffic regulation order plan are to be construed accordingly;

• “trees and hedgerows to be removed or managed plans” means the plans listed in Part 5 of Schedule 2 (plans) and certified under article 56 (certification of documents), and references to a particular trees and hedgerows to be removed or managed plan are to be construed accordingly;

• “the tribunal” means the Lands Chamber of the Upper Tribunal;

• “UKPN” means UK Power Networks Holdings Limited (registered company number 07290590) and/or its affiliate Eastern Power Networks plc (registered company number 02366906);

• “the UKPN Works” means those works to UKPN assets or equipment forming part of the authorised development, including Work Nos. 8 and 11;

• “undertaker”—

  1. (a)

     F2in relation to the authorised development, means National Grid; and

  2. (b)

     F3in relation to the UKPN Works and subject to paragraph (5) of article 6 (benefit of Order), includes UKPN;

• “watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, rhynes, sewers and passages through which water flows except a public sewer or drain; and

• “work plans” means the plans listed in Part 6 of Schedule 2 (plans) and certified under article 56 (certification of documents), and references to a particular work plan are to be construed accordingly.

References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictions in respect of land are references to restrictions over land which interfere with the interests or rights of another and are for the benefit of land which is acquired, or rights over which are acquired, under this Order.

All distances, directions, levels and lengths referred to in this Order, are approximate. Distances between points on a work comprised in the authorised development are taken to be measured along that work. All distances for scheduled linear works referred to in this Order are measured along the centre line of the limits of deviation for that work. All pylon identification numbers set out in this Order are identified by reference to the work plans, and are subject to the limits of deviation for that work, such that the tower numbering and location of towers may adjust in accordance with the limits of deviation identified in article 5 (limits of deviation). Unless otherwise specified in Schedule 1 (authorised development), heights and depths in this Order or on the work plans are measured from the proposed final ground level.

All areas described in square metres in the book of reference are approximate.

References in this Order to numbered Works are references to the Works as numbered in Schedule 1 (authorised development).

References in this Order to “document” followed by a number or numbers are references to documents submitted by National Grid in support of the application for development consent that resulted in the making of this Order.

References in this Order to any statutory body includes that body’s successor in respect of functions which are relevant to this Order.

References in this Order to any statute, order, regulation or similar instrument are to be construed as a reference to the statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.