Paragraph 214 Interpretation of this PartI1

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to serve the owner of the apparatus in question in a manner no less efficient than previously;

• “apparatus” means mains, pipes, cables, sewers, drains, ditches, watercourses or other apparatus and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or on land;

• “operator” means any person who is responsible for the construction, operation, use, inspection, adjustment, alteration, repair, maintenance, renewal, removal or replacement of any apparatus or alternative apparatus in the Sembcorp Protection Corridor or has rights to the use of such apparatus or alternative apparatus, but who is not an owner in relation to the Sembcorp Protection Corridor or the Wilton Complex and is not a third party owner or operator;

• “owner” means—

  1. (a)

     in relation to the Sembcorp Protection Corridor, any person—

     1. (i)

        with an interest in the Sembcorp Protection Corridor;

     2. (ii)

        with rights in, on, under or over the Sembcorp Protection Corridor; or

     3. (iii)

        with apparatus in, on or under the Sembcorp Protection Corridor; or

  2. (b)

     in relation to the Wilton Complex, any owner (as defined in article 2(1) of this Order) or occupier in the Wilton Complex;

  but who is not a third party owner or operator;

• “Sembcorp” means Sembcorp Utilities (UK) Limited, with Company Registration Number 04636301, whose registered office is at Sembcorp UK Headquarters, Wilton International, Middlesbrough, Cleveland, TS90 8WS and any successor in title or function to the Sembcorp operations in, under or over the Sembcorp Protection Corridor;

• “the Sembcorp operations” means—

  1. (a)

     the activities and functions carried on by Sembcorp in the Sembcorp Protection Corridor (including in relation to any access routes and laydown spaces associated with them or it);

  2. (b)

     the number 2 river tunnel between Bran Sands and North Tees crossing the Order limits under the River Tees (together with associated headhouses) operated by Sembcorp; and

  3. (c)

     other pipes and apparatus (including access routes and laydown spaces associated with such pipes and apparatus) operated—

     1. (i)

        by Sembcorp; or

     2. (ii)

        by any owner or operator within the Sembcorp Protection Corridor; or

     3. (iii)

        for the benefit or on behalf of any owner or operator in the Wilton Complex;

• “Sembcorp Protection Corridor” means the area edged black and shaded yellow on the Sembcorp Protection Corridor protective provisions supporting plans;

• “Sembcorp Protection Corridor protective provisions supporting plans” means the plans which are certified as the Sembcorp Protection Corridor protective provisions supporting plans by the Secretary of State under article 45 (certification of plans etc) for the purposes of this Order;

• “third party owner or operator” means an owner or operator of apparatus the subject of the third party protective provisions;

• “third party protective provisions” means the protective provisions in Parts 1 to 16 or 18 to 28 of this Schedule;

• “Wilton Complex” means the industrial and manufacturing plant shown edged blue on the Sembcorp Protection Corridor protective provisions supporting plans; and

• “works details” means—

  1. (a)

     plans and sections;

  2. (b)

     details of the proposed method of working and timing of execution of works;

  3. (c)

     details of vehicle access routes for construction and operational traffic; and

  4. (d)

     any further particulars provided in response to a request under paragraph 214.