Article 2 Interpretation

In this Order—

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

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

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

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

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

• “the 1989 Act” means the Electricity Act 1989^f6;

• “the 1990 Act” means the Town and Country Planning Act 1990^f7;

• “the 1991 Act” means the New Roads and Street Works Act 1991^f8;

• “the 2003 Act” means the Communications Act 2003^f9;

• “the 2004 Act” means the Energy Act 2004^f10;

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

• “the 2009 Act” means the Marine and Coastal Access Act 2009^f11;

• “the 2016 Regulations” means the Environmental Permitting (England and Wales) Regulations 2016^f12;

• “the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017^f13;

• “access to works plan” means the plan or plans certified as the access to works plan or plans by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “ancillary works” means—

  1. (a)

     the ancillary works described in Part 2 of Schedule 1 (ancillary works); and

  2. (b)

     any other works authorised by this Order,

  to the extent that such works are not development within the meaning of section 32 of the 2008 Act;

• “array cable” means the cables described in paragraph (b) of Work No. 1 that link the wind turbine generators to each other and to the offshore transformer substations;

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

• “authorised project” means the authorised development and the ancillary works;

• “Biodiversity Net Gain Assessment Report” means the document certified as the Biodiversity Net Gain Assessment Report by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “book of reference” means the document certified by the Secretary of State under article 40 (certification of plans etc.) 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;

• “buoy” means any floating device used for navigational purposes or measurement purposes, including LiDAR buoys, wave buoys and guard buoys;

• “cable circuits” means a number of electrical conductors necessary to transmit electricity between two points within the authorised project bundled as one cable or taking the form of separate cables, and may include one or more auxiliary cables (normally fibre optic cables) for the purpose of control, monitoring, protection or general communications;

• “cable crossings” means the crossing of existing sub-sea cables or pipelines or other existing infrastructure by cable circuits authorised by this Order together with physical protection measures including cable protection;

• “cable protection” means measures to protect cables from physical damage including the use of bagged solutions filled with grout or other materials, protective aprons or coverings, mattresses, flow energy dissipation devices or rock and gravel burial;

• “carriageway” has the same meaning as in section 329(1) of the 1980 Act;

• “commence” means—

  1. (a)

     in relation to works seaward of MHWS, the first carrying out of any licensed marine activities authorised by the deemed marine licences, save for operations consisting of offshore preparation works; and

  2. (b)

     in respect of any other works comprised in the authorised project, the first carrying out of any material operation (as defined in section 155 of the 2008 Act) forming part of the authorised project other than onshore preparation works;

  and the words “commencement” and “commenced” must be construed accordingly;

• “deemed marine licences” means the marine licences set out in Schedules 10 (deemed marine licence under the 2009 Act – generation assets), 11 (deemed marine licence under the 2009 Act – offshore transmission assets), 12 (deemed marine licence under the 2009 Act – northern artificial nesting structure 1), 13 (deemed marine licence under the 2009 Act – northern artificial nesting structure 2), 14 (deemed marine licence under the 2009 Act – southern artificial nesting structure 1), and 15 (deemed marine licence under the 2009 Act – southern artificial nesting structure 2);

• “earth pit” means the underground plastic and/or concrete pit where the earthing points between adjacent export cable sections are connected and earthed installed within a buried chamber for intermittent maintenance and fault-finding purposes;

• “EIA Regulations” means the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017^f14;

• “export cables” means the offshore and onshore cable circuits comprised within Work Nos. 5, 11 and 13 connecting the offshore transformer stations to the onshore HVAC substation;

• “cable ducts” means conduits for the installation of cable circuits;

• “design approach document” means the document certified as the design approach document by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “design principles statement” means the document certified as the design principles statement by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “Environment Agency” means the non-departmental public body of that name created by section 1 of the Environment Act 1995^f15;

• “environmental statement” means the document certified as the environmental statement by the Secretary of State under article 40 (certification of plans etc.);

• “fibre optic cable” means a cable consisting of one or more thin flexible fibres with a glass core through which signals are sent in the form of light;

• “gravity base structure” means a structure principally of steel, concrete, or steel and concrete which rests on the seabed either due to its own weight with or without added ballast or additional skirts and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

• “highway” and “highway authority” have the same meaning as in the 1980 Act^f16;

• “Historic England” means the Historic Buildings and Monuments Commission for England;

• “horizontal directional drilling” is a trenchless technique for installing cables and cable ducts involving drilling in an arc between two points;

• “HVAC” means high voltage alternating current;

• “important hedgerows and tree preservation order plan” means the document certified as the important hedgerows and tree preservation order plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “in principle monitoring plan” means the document certified as the in principle monitoring plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “in principle Southern North Sea SAC Site Integrity Plan” means the document certified as the in principle Southern North Sea SAC Site Integrity Plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “interlink cable” means the cables comprised within Work No. 4 that link the offshore transformer substations to each other and to the offshore accommodation platform;

• “intertidal area” means the area between MHWS and MLWS;

• “intrusive” means an activity that requires or is facilitated by breaking the surface of the ground or seabed (but does not include the installation of fence or signage posts);

• “jointing bay” means an excavation formed with a buried concrete slab at sufficient depth to enable the jointing of high voltage power cables;

• “jointing” means a process by which two or more cables are connected to each other by means of cable joints within a jointing bay;

• “landfall” means the location at which the offshore export cables and fibre optic cables come ashore;

• “landfall temporary works area” means a temporary works area associated with the works at the landfall including the construction of transition joint bays and trenchless technique works;

• “land plans” means the plans certified as the land plans by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.)

• “large offshore transformer substation” means the large version of the offshore transformer substations assessed in the environmental statement;

• “LAT” means lowest astronomical tide;

• “layout principles” means the layout principles set out in paragraph 25 of Chapter 3 (Project Description) of the environmental statement;

• “lead local flood authority” has the meaning in section 6(7) (other definitions) of the Flood and Water Management Act 2010^f17;

• “limits of deviation” means the limits for the scheduled works as shown on the works plans;

• “link box” means the underground metal box placed within a plastic and/or concrete pit where the metal sheaths between adjacent export cable sections are connected and earthed. Link boxes are installed within a ground level manhole or inspection chamber to allow access for regular maintenance and fault-finding purposes. They may include above ground demarcation which may include fencing and marker posts;

• “local highway authority” has the same meaning as in section 329(1) of the 1980 Act^f18;

• “maintain” includes inspect, upkeep, repair, adjust, and alter and further includes remove, reconstruct and replace (including replenishment of cable protection), but does not include the removal, reconstruction or replacement of foundations associated with the offshore works, to the extent assessed in the environmental statement; and “maintenance” and any derivative of maintain must be construed accordingly;

• “mean high water springs” or “MHWS” means the highest level which spring tides reach on average over a period of time;

• “mean low water springs” or “MLWS” means the average height of all low waters above Chart Datum;

• “MMO” means the Marine Management Organisation;

• “monopile foundation” means a steel pile, driven and/or drilled into the seabed and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

• “MSL” means mean sea level;

• “offshore accommodation platform” means a structure attached to the seabed by means of a foundation, with one or more decks and a helicopter platform (including bird deterrents), containing housing accommodation, storage, workshop, auxiliary equipment and facilities for operating, maintaining and controlling the wind turbine generators and offshore electrical installations;

• “offshore artificial nesting structure” means a structure attached to the seabed by means of a foundation, providing nesting facilities for birds;

• “offshore electrical installations” means the small offshore transformer substations, the large offshore transformer substations, and the offshore reactive compensation platforms forming part of the authorised project;

• “offshore preparation works” means surveys and monitoring seaward of MHWS undertaken prior to the commencement of construction to prepare for construction;

• “offshore reactive compensation platform” means a structure attached to the seabed by means of a foundation, with one or more decks (including bird deterrents) housing—

  1. (a)

     electrical reactors and switchgear for the purpose of the efficient transfer of power in the course of HVAC transmission by providing reactive compensation;

  2. (b)

     auxiliary equipment and facilities for operating, maintaining and controlling the offshore reactive compensation platform;

• “offshore order limits and grid coordinates plan” means the document certified as the offshore order limits and grid coordinates plan by the Secretary of State under article 40 (certification of plans etc.);

• “offshore transformer substation” means a structure attached to the seabed by means of a foundation, with one or more decks and a helicopter platform (including bird deterrents), containing—

  1. (a)

     electrical equipment required to switch, transform, convert electricity generated at the wind turbine generators to a higher voltage and provide reactive power compensation; and

  2. (b)

     housing accommodation, storage, workshop auxiliary equipment, radar and facilities for operating, maintaining and controlling the substation or wind turbine generators;

• “offshore works” means Work Nos. 1 to 11 and any related associated development in connection with those works and ancillary works described in Schedule 1 part 1 and Schedule 1 part 2 respectively;

• “onshore preparation works” means operations consisting of site clearance, pre-planting of landscaping works, vegetation clearance, archaeological investigations, environmental surveys, ecological mitigation, 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, creation of site accesses, footpath creation and the temporary display of site notices or advertisements;

• “onshore HVAC substation” means a compound containing electrical equipment (including power transformers, gantries, switchgear, reactive compensation equipment, electrical protection equipment devices (disconnectors, circuit breakers), harmonic filters, cables and back-up generators), control buildings, lightning protection masts, communications masts, access, fencing and other associated equipment, structures or buildings;

• “onshore transmission works” means Work Nos. 11 to 25 and any related associated development in connection with those works and ancillary works described in Schedule 1 part 1 (authorised development) and Schedule 1 part 2 (ancillary works) respectively;

• “Order land” means the land shown on the land plans which is within the limits of land to be acquired or used and described in the book of reference;

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

• “outline air quality management plan” means the document certified as the outline air quality management plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline biogenic reef mitigation plan” means the document certified as the outline biogenic reef mitigation plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline cable specification and installation plan” means the document certified as the outline cable specification and installation plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline code of construction practice” means the document certified as the outline code of construction practice by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline construction traffic management plan” means the document certified as the outline construction traffic management plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline fisheries liaison and coexistence plan” means the document certified as the outline fisheries liaison and coexistence plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline landscape and ecological management strategy” means the document certified as the outline landscape and ecological management strategy by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline marine mammal mitigation protocol (piling)” means the document certified as the outline marine mammal mitigation protocol (piling) by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline noise and vibration management plan” means the document certified as the outline noise and vibration management plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline offshore operations and maintenance plan” means the document certified as the outline offshore operations and maintenance plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline operational artificial light emissions management plan” means the document certified as the outline operational artificial light emissions management plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline operational drainage management plan” means the document certified as the outline operational drainage management plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline organic land protocol” means the document certified as the outline organic land protocol by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline pollution prevention and emergency incident response plan” means the document certified as the outline pollution prevention and emergency incident response plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline project environmental management plan” means the document certified as the outline project environmental management plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline public access management plan” means the document certified as the outline public access management plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline scour protection and cable protection management plan” means the document certified as the outline scour protection and cable protection management plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline site waste management plan” means the document certified as the outline site waste management plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline soil management plan” means the document certified as the outline soil management plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline surface water drainage strategy” means the document certified as the outline surface water drainage strategy by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline travel plan” means the document certified as the outline travel plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline vessel management plan” means the document certified as the outline vessel management plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline marine archaeological written scheme of investigation” means the document certified as the outline marine archaeological written scheme of investigation by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “outline onshore written scheme of investigation for archaeological works” means the document certified as the outline onshore written scheme of investigation for archaeological works by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981^f19;

• “pin piles” means steel cylindrical piles driven and/or drilled into the seabed to secure steel jacket foundations;

• “pin pile jacket foundation” means a jacket/lattice-type structure constructed of steel which is fixed to the seabed at three or more points with steel pin piles and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;

• “public rights of way plan” means the plan certified as the public rights of way plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “relevant highway authority” means the highway authority for the area in which the land to which the relevant provision of this Order applies is situated;

• “relevant lead local flood authority” means the lead local flood authority for the area in which the land to which the relevant provision of this Order applies is situated;

• “relevant local highway authority” means the local highway authority for the area in which the land to which the relevant provision of this Order applies is situated;

• “relevant planning authority” means the district planning authority for the area in which the land to which the relevant provision of this Order applies is situated;

• “requirements” means those matters set out in Part 3 of Schedule 1 (requirements) to this Order;

• “SAC” means special area of conservation;

• “scour protection” means measures to prevent loss of seabed sediment around a structure placed in or on the seabed by use of protective aprons, mattresses, or rock and gravel placement;

• “scheduled works” means the numbered works specified in Part 1 of Schedule 1 (authorised development) to this Order, or any part of them;

• “small offshore transformer substation” means the small version of the offshore transformer substations assessed in the environment statement;

• “special category land” means the land comprising plot(s) 01-001, 01-002, 01-004, 01-005 and 17-001 shown on the land plans and described in the book of reference;

• “stage” means a section or part of the authorised project as identified as a stage in a written scheme approved under requirement 11 (stages of authorised project onshore);

• “statutory nature conservation body” means the appropriate nature conservation body as defined in regulation 5 of the 2017 Regulations;

• “statutory undertaker” means any person falling within section 127(8) of the 2008 Act and a public communications provider as defined in section 151 of the 2003 Act;

• “street” means a street within the meaning of section 48 of the 1991 Act^f20, 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 of the 1991 Act^f21;

• “streets plan” means the plan or plans certified as the streets plan or plans by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “suction bucket” means large diameter steel cylindrical shells which penetrate the seabed assisted by a hydrostatic pressure differential for securing steel jacket foundations;

• “suction bucket jacket foundation” means a jacket/lattice-type structure constructed of steel which is fixed to the seabed at three or more points with steel suction buckets and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;

• “temporary works area” means a construction site associated with the onshore transmission works including hard standings, plant and equipment, lay down and storage areas for construction materials, plant and equipment, areas for spoil, areas for vehicular parking, bunded storage areas, areas for welfare facilities including offices and canteen and washroom facilities, wheel washing facilities, workshop facilities and temporary fencing or other means of enclosure and areas for other facilities required for construction purposes;

• “transition joint bay” means an underground pit where the offshore export cables are jointed to the onshore export cables;

• “transition piece” means the metal structure attached to the top of the foundation where the base of the wind turbine generator is connected and may include additional equipment such as J-tubes, corrosion protection systems, boat access systems, access platforms, craneage, radar, electrical transmission equipment and associated equipment;

• “traffic authority” has the same meaning as in section 121A of the 1984 Act;

• “traffic sign” has the same meaning as in section 64(1) of the 1984 Act;

• “traffic regulation order plan” means the plan certified as the traffic regulation order plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);

• “trenchless technique” means a method of installation that allows ducts and cables to be installed under an obstruction without digging a trench (examples of such techniques include horizontal directional drilling, thrust boring, auger boring and pipe ramming);

• “trenchless technique compound” means a construction site associated with the onshore transmission works where a trenchless technique is proposed including hard standings, lay down and storage areas for construction materials, plant and equipment, areas for spoil, areas for vehicular parking, bunded storage areas, areas for welfare facilities including offices and canteen and washroom facilities, wheel washing facilities, workshop facilities and temporary fencing or other means of enclosure and areas for other facilities required for construction purposes;

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

• “Trinity House” means the Corporation of Trinity House of Deptford Strond;

• “undertaker” means GT R4 Limited (company number 13281221);

• “vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water;

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

• “wind turbine generator” means a structure comprising a tower, rotor with three blades connected at the hub, nacelle and ancillary electrical and other equipment which may include J-tube(s), transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter landing facilities and other associated equipment, fixed to a foundation; and

• “works plans” means the plans certified as the works plans onshore and works plans offshore by the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.).

References in this Order to rights over land include references to rights to do or restrain or to place and maintain, anything in, on or under land or in the air-space above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over the land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or which is an interest otherwise comprised in the Order land.

All distances, directions, capacities, volumes and lengths referred to in this Order are approximate save in respect of the parameters referred to in—

and distances between points on a work comprised in the authorised development are to be taken to be measured along that work.

Any reference in this Order to a work identified by the number of the work is to be construed as a reference to the work of that number authorised by this Order.

Unless otherwise stated, references in this Order to points identified by letters are to be construed as references to the points so lettered on the works plans.

The expression “includes” is to be construed without limitation unless the contrary intention appears.

A reference to any statute, order, regulation or similar instrument is construed as a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re–enactment.

References in this Order to plots are references to the plots shown on the land plans and described in the book of reference.

In this Order, a reference to the singular is a reference to the plural, and vice versa, except where explicitly stated.

In this Order, references to any statutory body includes that body’s successor bodies.