{
  "url": "https://openlegislation.uk/north-killingholme-generating-station-order-2014/article-2",
  "json_url": "https://openlegislation.uk/north-killingholme-generating-station-order-2014/article-2.json",
  "legislation": "uksi/2014/2434",
  "legislation_title": "The North Killingholme (Generating Station) Order 2014",
  "legislation_url": "https://openlegislation.uk/north-killingholme-generating-station-order-2014",
  "path": "article/2",
  "kind": "article",
  "number": "2",
  "heading": "Interpretation",
  "text": "(1) In this Order—\n“the 1961 Act” means the Land Compensation Act 1961;“the 1965 Act” means the Compulsory Purchase Act 1965;\n“the 1980 Act” means the Highways Act 1980;\n“the 1990 Act” means the Town and Country Planning Act 1990;\n“the 1991 Act” means the New Roads and Street Works Act 1991;\n“the 2008 Act” means the Planning Act 2008;\n“authorised development” means the development described in Part 1 of Schedule 1 and any other development authorised by this Order, which is development within the meaning of section 32 of the 2008 Act;\n“book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;\n“building” includes any structure or erection or any part of a building, structure or erection;\n“carriageway” has the same meaning as in the 1980 Act;\n“commence”, unless otherwise provided, means beginning to carry out any material operation (as defined in Section 56(4) of the 1990 Act) forming part of the authorised development other than operations consisting of site clearance, demolition work, archaeological investigations, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, diversion and laying of services, erection of any temporary means of enclosure, the temporary display of site notices or advertisements and “commencement” shall be construed accordingly;\n“compulsory acquisition notice” means a notice served in accordance with section 134 of the 2008 Act;\n“environmental statement” means the environmental statement certified by the Secretary of State for the purposes of the Order;\n“footpath diversion zone” means the area or areas of land marked as such on the land plans;\n“highway” and “highway authority” have the same meaning as in the 1980 Act;\n“land plans” means the plans certified as the land plans by the Secretary of State for the purposes of this Order;\n“limits of deviation” means the limits of deviation for the scheduled works shown on the works plans;\n“maintain” includes maintain, inspect, repair, adjust, alter, remove, clear, refurbish, reconstruct any part (but not the whole), decommission, replacement of any part (but not the whole) and improve, but not so as to vary from the description of the authorised development in Schedule 1 and only to the extent assessed in the environmental statement, and “maintenance” shall be construed accordingly;\n“Order land” means the land shown on the land plans within the Order limits which is land over which it is proposed to exercise powers of compulsory acquisition or any right to use land, and land subject to powers to extinguish, suspend or interfere with easements, servitudes or other private rights described in the book of reference;\n“Order limits” means the limits shown on the land and works plans within which the authorised development may be carried out and land acquired or used;\n“owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981;\n“public sewer or drain” means a sewer or drain which belongs to the Environment Agency, an internal drainage board, a local authority or a sewerage undertaker;\n“relevant planning authority” means North Lincolnshire Council;\n“requirements” means those matters set out in Part 3 of Schedule 1 to this Order;\n“scheduled works” means the numbered works specified in Schedule 1 to this Order, or any part of them;\n“statutory undertaker” means any person falling within section 127(8) of the 2008 Act;\n“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;\n“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;\n“the tribunal” means the Lands Chamber of the Upper Tribunal;\n“undertaker” means C.GEN Killingholme Limited, which is the named undertaker, or any other person who has the benefit of this Order in accordance with article 6;\n“watercourse”, unless otherwise provided, includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and\n“the works plans” means the plans certified as the works plans by the Secretary of State for the purposes of this Order including the works plan dated 31st July 2020 and certified by the Secretary of State in accordance with article 34(1A) , and as further supplemented by the works plan dated 16th July 2025 and certified by the Secretary of State in accordance with article 34(1B).\n(2) 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 air-space above its surface.\n(3) All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development shall be taken to be measured along that work.\n(4) References in this Order to plots of land are to plots identified on the land plans and in the book of reference.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in art. 2(1) substituted (17.9.2021) by The North Killingholme (Generating Station) (Amendment) Order 2021 (S.I. 2021/1055), arts. 1, 3"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in art. 2(1) inserted (3.4.2026) by The North Killingholme (Generating Station) (Amendment) Order 2026 (S.I. 2026/445), arts. 1, 3"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 2 in force at 2.10.2014, see art. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1961 c.33. Section 2(2) was amended by section 193 of, and paragraph 5 of Schedule 33 to, the Local Government, Planning and Land Act 1980 (c.65). There are other amendments to the 1961 Act which are not relevant to this Order."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1965 c.56. Section 3 was amended by section 70 of, and paragraph 3 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34). Section 4 was amended by section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c.71). Section 5 was amended by sections 67 and 80 of, and Part 2 of Schedule 10 to, the Planning and Compensation Act 1991 (c.34). Subsection (1) of section 11 and sections 3, 31 and 32 were amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c.67) and by section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No. 1). Section 12 was amended by section 56(2) of, and Part 1 to Schedule 9 to, the Courts Act 9181 (c.23). Section 13 was amended by section 139 of the Tribunals Courts and Enforcement Act 2007 (c.15). Section 20 was amended by section 70 of, and paragraph 14 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34). Sections 9, 25 and 29 were amended by the Statute Law (Repeals) Act 1973 (c.39) and by section 14 of, and paragraph 12(2) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No. 1). There are other amendments to the 1965 Act which are not relevant to this Order."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1980 c.66. Section 1(1) was amended by section 21(2) of the New Roads and Street Works Act 1991 (c.22); sections 1(2), 1(3) and 1(4) were amended by section 8 of, and paragraph (1) of Schedule 4 to, the Local Government Act 1985 (c.51); section 1(2A) was inserted, and section 1(3) was amended, by section 22(1) of, and paragraph 1 of Schedule 7 to, the Local Government (Wales) Act 1994 (c.19). Section 36(2) was amended by section 4(1) of, and paragraphs 47(a) and (b) of Schedule 2 to, the Housing (Consequential Provisions)Act 1985 (c.71), by S.I. 2006/1177, by section 4 of, and paragraph 45(3) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c.11), by section 64(1) (2) and (3) of the Transport and Works Act 1992 (c.42) and by section 57 of, and paragraph 5 of Part 1 of Schedule 6 to, the Countryside and Rights of Way Act 2000 (c.37); section 36(A) was inserted by section 64(4) of the Transport and Works Act 1992 and was amended by S.I. 2006/1177; section 36(6) was amended by section 8 of, and paragraph 7 of Schedule 4 to, the Local Government Act 1985 (c.51); and section 36(7) was inserted by section 22(1) of, and paragraph 4 of Schedule 7 to, the Local Government (Wales) Act 1994 (c.19). Section 329 was amended by section 112(4) of, and Schedule 18 to, the Electricity Act 1989 (c.29) and by section 190(3) of, and Part 1 of Schedule 27 to, the Water Act 1989 (c.15). There are other amendments to the 1980 Act which are not relevant to this Order."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1990 c.8. Section 206(1) was amended by section 192(8) of, and paragraphs 7 and 11 of Schedule 8 to, the Planning Act 2008 (c.29) (date in force to be appointed see section 241(3), (4)(a), (c) of the 2008 Act). There are other amendments to the 1990 Act which are not relevant to this Order."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1991 c.22. Section 48(3A) was inserted by section 124 of the Local Transport Act 2008 (c.26). Sections 79(4), 80(4) and 83(4) were amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004 (c.18)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "1981 c.67. Section 7 was amended by section 70 of, and paragraph 9 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34). There are other amendments to the 1981 Act which are not relevant to this Order."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2014/2434/article/2",
    "retrieved_at": "2026-10-29T00:03:01.712907+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."
}