{
  "url": "https://openlegislation.uk/rivenhall-generating-station-extension-order-2024/article-2",
  "json_url": "https://openlegislation.uk/rivenhall-generating-station-extension-order-2024/article-2.json",
  "legislation": "uksi/2024/1391",
  "legislation_title": "The Rivenhall Generating Station Extension Order 2024",
  "legislation_url": "https://openlegislation.uk/rivenhall-generating-station-extension-order-2024",
  "path": "article/2",
  "kind": "article",
  "number": "2",
  "heading": "Interpretation",
  "text": "(1) In this Order, unless the context requires otherwise—\n“the 1989 Act” means the Electricity Act 1989;\n“the 1990 Act” means the Town and Country Planning Act 1990;\n...\n“the 2008 Act” means the Planning Act 2008;\n“address” includes any number or address used for the purposes of electronic transmission;\n“approved variation” means any variation to the TCPA permission granted by the relevant planning authority pursuant to section 73 or section 96A of the 1990 Act, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental information;\n“authorised development” means the development described in Schedule 1 (Authorised Development) and illustrated indicatively on the plan entitled Illustrative Plan certified as such by the Secretary of State under article 9 (Certification of plans, etc.);\n“building” includes any structure or erection or any part of a building, structure or erection;\n“commence” means beginning to carry out any material operation, as defined in section 155 of the 2008 Act (when development begins), forming part, or carried out for the purposes, of the authorised development and the words “commencement” and “commenced” are to be construed accordingly;\n“electronic transmission” means a communication transmitted—\n(a)by means of an electronic communications network; or\n(b)by other means but while in electronic form;\n“environmental information” means the Environmental Statement and any information constituting “environmental information” as defined by the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 relied upon by the Secretary of State in reaching a reasoned conclusion on the significant effects of the authorised development on the environment pursuant to regulation 21(1)(b) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017;\n“Environmental Statement” means the document certified as such by the Secretary of State under article 9 (Certification of plans, etc) and submitted with the application including all appendices thereto;\n“existing generating station” means the generating station authorised by the TCPA permission which is being constructed within the area shown edged red on the plan entitled “Existing Generation Station Plan” certified as such by the Secretary of State under article 9 (Certification of plans, etc.);\n“extended generating station” means the existing generating station as modified by the carrying out of the authorised development;\n...\n“maintain” includes inspect, upkeep, repair, adjust, alter, refurbish, clear, remove or reconstruct, replace and improve, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental information, and any derivative of “maintain” is to be construed accordingly;\n“Order limits” means the limits shown on the works plans within which the authorised development may be carried out;\n“relevant planning authority” means Essex County Council and its statutory successors as waste planning authority within the meaning of the 1990 Act;\n...\n“TCPA permission” means—\n(a)the planning permission granted by Essex County Council with reference ESS/39/23/BTE dated 26 January 2024; or\n(b)any planning permission granted by the relevant planning authority pursuant to planning application ESS/02/22/BTE,\nand any other approved variation;\n“undertaker” means Indaver Rivenhall Limited (company number 13020091) or the person who has the benefit of this Order in accordance with article 6 (Benefit of Order) and 7 (Consent to transfer benefit of Order);\n“work” means a work identified as part of the authorised development in Schedule 1 (Authorised Development);\n“Work No. 1” means the work described as such in Schedule 1 (Authorised Development);\n“Work No. 2” means the work described as such in Schedule 1 (Authorised Development);\n“works plan” means the plan certified by the Secretary of State as such under article 9 (Certification of plans, etc.); and\n“working day” means Monday to Friday excluding bank holidays and other public holidays.\n(2) In this Order, the expression “includes” or “include” is to be construed without limitation.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in art. 2(1) omitted (9.4.2025) by virtue of The Rivenhall Generating Station Extension (Correction) Order 2025 (S.I. 2025/533), art. 1, Sch."
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 2 in force at 20.12.2024, see art. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1989 c. 29."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1990 c. 8. Section 56(4) was amended by section 32 of, and paragraph 10(2) of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34). Section 106 was substituted, and section 106A inserted, by section 12(1) of the Planning and Compensation Act 1991. Section 206(1) was amended by section 192(8) of, and paragraphs 7 and 11 of Schedule 8 to, the 2008 Act. Sections 272 to 274 and section 279 were amended by section 406(1) of, and paragraph 103 of Schedule 17 to, the Communications Act (c. 21), and section 280 was amended by section 406(1) of, and paragraph 104 of Schedule 17 to, that Act. Sections 272 to 274 were also amended by S.I. 2011/741 and S.I. 2012/2590. Section 282 was amended by S.I. 2009/1307. There are other amendments to the 1990 Act which are not relevant to this Order."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "2008 c. 29."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2024/1391/article/2",
    "retrieved_at": "2026-10-28T21:22:02.865055+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."
}