# The Outer Dowsing Offshore Wind Farm Order 2026, Paragraph 159: Application


In this Part of this Schedule—
“acceptable credit provider” means a bank or financial institution with a credit rating that is not lower than: (i) “A-” if the rating is assigned by Standard & Poor’s Ratings Group or Fitch Ratings; and “A3” if the rating is assigned by Moody’s Investors Services Inc.;
“acceptable insurance” means general third party liability insurance effected and maintained by the undertaker with a combined property damage and bodily injury limit of indemnity of not less than £50,000,000.00 (fifty million pounds) per occurrence or series of occurrences arising out of one event. Such insurance must be maintained (a) during the construction period of the authorised works; and (b) after the construction period of the authorised works in respect of any use and maintenance of the authorised development by or on behalf of the undertaker which constitute specified works and arranged with an insurer whose security/credit rating meets the same requirements as an “acceptable credit provider”, such insurance must include (without limitation):
(a) a waiver of subrogation and an indemnity to principal clause in favour of Spalding Energy;
(b) pollution liability for third party property damage and third party bodily damage arising from any pollution/contamination event with a (sub)limit of indemnity of not less than £10,000,000.00 (ten million pounds) per occurrence or series of occurrences arising out of one event or £20,000,000.00 (twenty million pounds) in aggregate;
“acceptable security” means either—
(a) a parent company guarantee from a parent company in favour of Spalding Energy to cover the undertaker’s liability to Spalding Energy to a total liability cap of £50,000,000.00 (fifty million pounds) (in a form reasonably satisfactory to Spalding Energy and where required by Spalding Energy, accompanied with a legal opinion confirming the due capacity and authorisation of the parent company to enter into and be bound by the terms of such guarantee); or
(b) a bank bond or letter of credit from an acceptable credit provider in favour of Spalding Energy to cover the undertaker’s liability to Spalding Energy for an amount of not less than £10,000,000.00 (ten million pounds) per asset per event up to a total liability cap of £50,000,000.00 (fifty million pounds) (in a form reasonably satisfactory to Spalding Energy);
“alternative apparatus” means appropriate alternative apparatus to the satisfaction of Spalding Energy to enable Spalding Energy to fulfil its statutory functions in a manner no less efficient than previously;
“apparatus” means any mains, pipes or other apparatus belonging to or maintained by Spalding Energy for the purposes of gas supply together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of Spalding Energy for the purposes of transmission, distribution and/or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;
“authorised works” has the same meaning as is given to the term “authorised development” in article 2(1) of this Order and includes any associated development authorised by the Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised works and construction of any works authorised by this Schedule;
“commence” and “commencement” in this Part of this Schedule include any below ground surveys, monitoring, ground work operations or the receipt and erection of construction plant and equipment;
“deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary or replace existing easements, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;
“functions” includes powers and duties;
“ground mitigation scheme” means a scheme approved by Spalding Energy (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;
“ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, requires the undertaker to submit for Spalding Energy’s approval a ground mitigation scheme;
“ground subsidence event” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme;
“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;
“maintain” and “maintenance” includes the ability and right to do any of the following in relation to any apparatus or alternative apparatus of Spalding Energy: construct, use, repair, alter, inspect, renew or remove the apparatus;
“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;
“parent company” means a parent company of the undertaker acceptable to and which has been approved by Spalding Energy acting reasonably;
“Spalding Energy” means either Spalding Energy Company, Ltd, (company number: FC019668) whose registered office is at Maples and Calder, Attorneys-At-Law, Ugland House, PO BOX 309, George Town, Cayman Islands, B.W Indies, acting through its UK branch Spalding Energy Company, Ltd with its UK establishment office address at Spalding Power Station, West Marsh Road, Spalding, PE11 2BB (branch number: BR003663) or Spalding Energy Expansion Ltd a company incorporated in England and Wales (registered number: 06790895) whose registered office is at 30 Crown Place, Earl Street, London, United Kingdom, EC2A 4ES, or any successor being the party who owns or maintains the relevant apparatus;
“specified works” means any of the authorised works or activities undertaken in association with the authorised works which will or may be situated over, or within 100 metres measured in any direction of any apparatus the removal of which has not been required by the undertaker under paragraph 6(2) or otherwise; and
“undertaker” means the undertaker as defined in article 2(1) of this Order.

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Source: https://www.legislation.gov.uk/uksi/2026/138/schedule/18/paragraph/159 (the official version)
Page: https://openlegislation.uk/outer-dowsing-offshore-wind-farm-order-2026/schedule-18/paragraph-159
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.