- access and rights of way plans
means the plans certified as the access and rights of way plans by the Secretary of State for the purposes of this Order and listed in Part 3 of Schedule 2 (plans);
- address
includes any number or address used for the purposes of electronic transmission;
- AGI
means an Above Ground Installation facility for the safe operation and maintenance of a pipeline;
- alternative apparatus
means alternative apparatus adequate to enable Anglian Water to fulfil its statutory functions in not less efficient a manner than previously;
- ancillary works
means the ancillary works described in Part 2 of Schedule 1 (authorised project) and any other works authorised by this Order that are not development within the meaning of section 32 of the 2008 Act;
- any other enactment
includes this Order.
- apparatus
means any works, mains, pipes or other apparatus belonging to or maintained by Anglian Water for the purposes of water supply and sewerage and— (a) any drain or works vested in Anglian Water under The Water Industry Act 1991;
- authorised activity
means—
- authorised development
means the development described in Part 1 of Schedule 1 and any other development authorised by the Order that is development within the meaning of section 32 of the 2008 Act;
- authorised project
means the authorised development and the ancillary works;
- building
includes any structure or erection or any part of a building, structure or erection;
- business day
means Monday to Friday excluding bank holidays;
- carriageway
has the same meaning as in the 1980 Act;
- cathodic protection
means a technique used to control corrosion of a metal surface by making the metal surface a cathode of an electrochemical cell;
- Centrica
means Centrica Plc and all of its subsidiaries and group companies, including but not limited to Centrica Storage Limited, or any successor company performing the same functions;
- commence
means begin any material operation (as defined in section 155 of the 2008 Act) comprised in or carried out for the purposes of the authorised project, but does not include any remediation, environmental (including archaeological) surveys and investigation, site or soil survey, erection of site office, erection of fencing to site boundaries or marking out of site boundaries, the diversion or laying of services or environmental mitigation measures;
- compulsory acquisition notice
means a notice served in accordance with section 134 of the 2008 Act;
- conduit system
has the same meaning as in the electronic communications code and references to providing a conduit system is to be construed in accordance with paragraph 1(3A) of that code;
- construction
includes execution, placing, altering, replacing, relaying and removal and “construct” and “constructed” are construed accordingly;
- construction work
means works to construct the authorised project, or relevant part of it, excluding mobilisation of plant and equipment into, out of or within the Order limits;
- consultee
means any body named in a provision of this Order relating to a specified consent which is the subject of an appeal as a body to be consulted by the discharging authority in determining that specified consent;
- discharging authority
means the body responsible for determining whether a specified consent should be given or the local authority in the exercise of functions set out in sections 60 or 61 of the 1974 Act;
- drainage works
means that part of the authorised project comprised in paragraph 2(j) (further associated development) of Schedule 1 (authorised project) and such other further associated development in connection with that paragraph as is listed in paragraphs 2(a), (c), (d), (e), (f), (g), (h), (i) and (k) of that Schedule;
- drivers pack
means the collection of measures defined in the initial TMP at Paull and at Goxhill to mitigate the effects of construction traffic;
- electronic communications apparatus
has the same meaning as in the electronic communications code;
- electronic communications code network
means— (a) so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act;
- electronic communications code operator
means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;
- emergency
means a situation where, if the relevant action is not taken, there will be adverse health, safety, security or environmental consequences that in the reasonable opinion of the undertaker would outweigh the adverse effects to the public (whether individuals, classes or generally as the case may be) of taking that action.
- environmental statement
means the statement certified as the environmental statement by the Secretary of State for the purposes of this Order, together with any supplemental or additional environmental statement submitted for the purposes of complying with and/or discharging the Requirements in Schedule 3 (requirements) or conditions in Schedule 9 (deemed marine licence) and listed in Part 4 of Schedule 2 (plans);
- flood defence area
means the embankment bunds at Paull Holme Strays and Goxhill;
- functions
includes powers and duties;
- Goxhill AGI
means the existing National Grid Gas AGI at Goxhill in North Lincolnshire as indicated on works plan 5;
- hedgerow
includes—
- highway
has the same meaning as in the 1980 Act;
- highway authority
means North Lincolnshire Council or East Riding of Yorkshire Council as the case may be including their successors and where the relevant matter is located in the administrative areas of both then it means both;
- initial CEMP
means the construction environmental management plan certified as such by the Secretary of State for the purposes of this Order;
- initial site water management plan
means the site water management plan contained in the environmental statement;
- initial TMP
means the traffic management plan certified as such by the Secretary of State for the purposes of this Order;
- legible in all material respects
means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.
- licence holder
means the undertaker and any agent, contractor or sub-contractor acting on its behalf;
- licensable activity
means an activity licensable under section 66 of the 2009 Act;
- licensed activity
means any activity described in Part 2 of this licence;
- maintain
includes inspect, repair, adjust, alter, remove, reconstruct and replace any of the authorised project provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement;
- maintenance period
means in relation to any part of the authorised project the period of five years beginning with the date on which the authorised project is first brought into operational use for the purpose for which it was designed.
- MMO
means the Marine Management Organisation;
- National Grid Gas
means National Grid Gas Plc (company number 2006000) whose registered office is at 1 - 3 Strand, London, WC2N 5EH or any successor company performing the same functions;
- operator
means the operator of an electronic communications code network.
- Order
means The River Humber Gas Pipeline Replacement Order 2016;
- Order land
means the land shown on the land plans that is within the limits of land to be acquired or used and described in the book of reference;
- Paull AGI
means the existing National Grid Gas AGI at Paull in the East Riding of Yorkshire as indicated on works plan 7;
- pipeline
means the Centrica condensate pipeline 200NB.
- plan
includes sections, drawings, specifications and method statements.
- planning permission
includes this Order, in section 240(1) of the 1990 Act reference to “regulations made for the purposes of sections 238(3) and (4) and 239(2)” means, so far as applicable to land or a right over land acquired under this Order, paragraphs (2) to (13) of this article and in section 240(3) of the 1990 Act reference to a “statutory undertaker” includes the undertaker and reference to “any other enactment” includes this Order.
- plans
includes sections, drawings, specifications and method statements;
- public communications provider
has the same meaning as in section 151(1) of the 2003 Act;
- public sewer or drain
means a sewer or drain which belongs to the Homes and Communities Agency, the Environmental Agency, a harbour authority within the meaning of section 57 of the Harbours Act 1964 (interpretation), an internal drainage board, a joint planning board, a local authority, a National Park Authority, a sewerage undertaker or an urban development corporation;
- public utility undertaker
has the same meaning as in the 1980 Act.
- realignment scheme
means the future realignment of the flood defences at Goxhill by the Agency;
- regulations made for the purposes of sections 238(3) and (4) and 239(2)
means, so far as applicable to land or a right over land acquired under this Order, paragraphs (2) to (13) of this article and in section 240(3) of the 1990 Act reference to a “statutory undertaker” includes the undertaker and reference to “any other enactment” includes this Order.
- reinstatement
means the restoration of land within the Order limits for future use after construction of the authorised project;
- relevant land
means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made as part of the authorised project, directly or indirectly concerned.
- relevant planning authority
means North Lincolnshire Council or East Riding of Yorkshire Council as the case may be including their successors and where the relevant matter is located in the administrative areas of both then it means both;
- Requirements
means the Requirements set out in Schedule 3 (requirements) and a reference to a numbered Requirement is a reference to the Requirement imposed by the corresponding numbered paragraph of that Schedule;
- specified consent
means any— (a) agreement, certificate, consent, permission, expression of satisfaction or other approval required by— (a) a requirement listed in Schedule 3 (requirements) of this Order;
- specified work
means so much of any work or operation authorised by this Order as is in, on, under, over or within 16 metres of a drainage work or 8 metres of a main river, or is otherwise likely to: (a) affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;
- stage
means a part of the authorised project as set out in the written scheme approved under Requirement 3.
- statutory undertaker
means— (a) any licence holder within the meaning of Part 1 of the 1989 Act;
- stopple
means a device inserted into a pipeline and opened to achieve the isolation or stopping of flow in a live pipeline;
- stopple and bypass pit
means an excavation around the existing gas pipeline for the purposes of fitting a series of stopple tees to allow the tie-in of Work No. 1 to the existing gas pipeline, and a temporary bypass to maintain the supply of gas during tie-in works;
- stopple tee
means an encirclement device to allow insertion of a stopple into a pipeline;
- 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;
- the 2008 Act
means the Planning Act 2008;
- the 2009 Act
means the Marine and Coastal Access Act 2009;
- the Agency
means the Environment Agency;
- the appeal parties
means the discharging authority, the consultee and the undertaker;
- the 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;
- the electronic communications code
has the same meaning as in Chapter 1 of Part 2 of the 2003 Act;
- the land plans
means the plans certified as the land plans by the Secretary of State for the purposes of this Order and listed in Part 2 of Schedule 2 (plans);
- the Order limits
means the limits shown on the works plans within which the authorised project may be carried out;
- the specified land
means any land within the Order limits.
- the works plans
means the plans certified as the works plans by the Secretary of State for the purposes of this Order and listed in Part 1 of Schedule 2 (plans).
- traffic authority
has the meaning given in section 121A (traffic authorities) of the 1984 Act;
- tribunal
means the Lands Chamber of the Upper Tribunal;
- true clean bed
means the interface between accumulated deposits and the underlying drift or solid geology of the Humber Estuary;
- undertaker
means National Grid Gas plc (registered company number 2006000);
- watercourse
includes rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;
- Work No. 12
means temporary abstraction hoses connected to temporary caged high head pumps shown hatched green on works plans sheet 5 listed in Schedule 2 to the Order.