- above-ground infrastructure
means the buildings, busbars, capacitors, reactors, reactive power compensation equipment, filters, cooling equipment, control and welfare buildings, lightning rods, security fencing and other associated equipment, structures and buildings including noise-attenuation panels required for the intermediate electrical compound and the substation compound (Work No. 50A);
- access to works and streets plans
means the plans certified as the access to works and streets plans by the Secretary of State under article 35 (certification of plans, etc.);
- affected undertaker
means— (a) a licence holder within the meaning of Part 1 of the 1989 Act;
- AIS
means air-insulated switchgear;
- alternative apparatus
means alternative apparatus adequate to enable WPD to fulfil its statutory functions in a manner no less efficient than previously;
- alternative rights
means all necessary legal easements, consents, or permissions required by WPD to permit or authorise a diversion;
- ancillary works
means the ancillary works described in Part 2 of Schedule 1 (ancillary works) and any other works authorised by this Order that are not development within the meaning of section 32 of the 2008 Act;
- Anglian Water
means Anglian Water Services Limited (company number 02366656);
- Annex 1 habitat
means a habitat set out in Annex 1 to Council Directive 92/43/EEC of 21st May 1992 on the conservation of natural habitats and of wild fauna and flora;
- AOD
means above ordnance datum;
- apparatus
means— (a) electric lines or electrical plant as defined in the 1989 Act, belonging to or maintained by National Grid Electricity as a licence holder within the meaning of Part 1 of the 1989 Act;
- appeal parties
means the relevant planning authority, the requirement consultee and the undertaker;
- associated company
means any company which is (within the meaning of section 1159 of the Companies Act 2006) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;
- authorised deposits
means the substances and articles specified in clause 2(3);
- authorised development
includes the use and maintenance of the authorised development;
- authorised project
means the authorised development and the ancillary works authorised by this Order;
- authorised scheme
means Work Nos. 1 and 2 described in clause 2;
- beach works
means Work No. 2 and works related to the installation of cable ducts and cable circuits within Work No. 3 but excluding Work Nos. 3A and 3B.
- book of reference
means the book of reference certified by the Secretary of State as the book of reference under article 35;
- building
includes any structure or erection or any part of a building, structure or erection;
- business day
means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971;
- cable
includes fibre-optic cables either within the cable or laid alongside it;
- cable ducts
means conduits for the installation of electrical cables;
- cable protection
means measures to protect cables from physical damage and exposure due to loss of sea bed sediment including (but not limited to) the use of bagged solutions filled with gravel or other materials as approved by the MMO, protective aprons or covering mattresses, flow energy dissipation devices or rock and gravel placement;
- Canal & River Trust
means the Canal & River Trust or any successor body performing the same functions in relation to any waterways;
- Canal & River Trust property
means any land owned by Canal & River Trust within the Order limits and includes land covered with water, subsoil, air space and waterways;
- code of practice
means the code of practice for works affecting Canal & River Trust (April 2015) as amended from time to time;
- collector substations
means the collector substations authorised by the Triton Knoll Offshore Wind Farm Order 2013;
- commence
means begin to carry out— (a) the activities authorised by the deemed marine licence other than pre-construction surveys and monitoring;
- completion
means, in respect of any stage of works, the end of final testing of that stage;
- Condition
means a condition in Part 2;
- conduit system
has the same meaning as in the electronic communications code;
- construction
includes execution, placing, alteration and reconstruction;
- construction compound
means a temporary construction site associated with the onshore works including hard standings, lay down and storage areas for construction materials and equipment, areas for spoil, areas for vehicular parking, bunded storage areas, areas for welfare facilities including offices and canteen and washroom facilities, workshop facilities and temporary fencing or other means of enclosure and areas for other facilities required for construction purposes;
- crossings schedule
means the document certified as the crossings schedule by the Secretary of State under article 35;
- 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 provisions of this Part;
- deemed marine licence
means the marine licence set out in Schedule 9 (deemed licence under Marine and Coastal Access Act 2009);
- design principles document
means the design principles document certified by the Secretary of State under article 35;
- diverted footpath
means a footpath identified in column (2) of Schedule 3 that has been diverted by the highway authority before commencement of the onshore works.
- drainage authority
means— (a) in relation to an ordinary watercourse, the drainage board concerned within the meaning of section 23 of the Land Drainage Act 1991;
- drainage work
means any watercourse and includes any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence, sea defence or tidal monitoring which is the responsibility of the drainage authority as identified in the crossings schedule subject to such changes as notified to the undertaker;
- electrical circuit
means a number of electrical conductors necessary to transmit electricity between 2 points within the authorised development (onshore) to take the form of 3 separate cables laid in cable ducts including fibre-optic cables and earthing cables either within the electrical circuit or laid alongside;
- electronic communications apparatus
has the same meaning as in the electronic communications code;
- electronic communications code
has the same meaning as in Chapter 1 of Part 2 of the 2003 Act;
- 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 the immediate threat of death or injury to persons, of damage to property or of damage to the environment and the risk that drinking water supply or quality will fall below the Drinking Water Inspectorate standards;
- EMI
means, subject to sub-paragraph (2), electromagnetic interference with Network Rail’s apparatus generated by the operation of the authorised development, where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus;
- enforcement officer
means a person authorised to carry out enforcement duties under Part 4 of the 2009 Act;
- engineer
means an engineer appointed by Canal & River Trust for the purpose of this Order;
- environmental statement
means the document certified as the environmental statement by the Secretary of State under article 35 of the Order;
- European protected species
means a European protected species of animal or plant within the meaning of Part 3 of the Conservation of Habitats and Species Regulations 2017.
- external electrical equipment
means any electrical equipment in relation to Work No. 9 or 50 that is not housed within a building and has been assessed in the environmental statement and is otherwise referred to as “external transmission components” in the environmental statement and “additional electrical infrastructure” in the design principles document;
- functions
includes powers and duties;
- GIS
means gas-insulated switchgear;
- hedgerow
has the same meaning as in the Hedgerows Regulations 1997.
- hedgerow plans
means the plans certified as the hedgerow plans by the Secretary of State under article 35;
- Historic England
means the Historic Buildings and Monuments Commission for England or any replacement body;
- horizontal directional drilling works
means works for the laying of cables by means of horizontal directional drilling and includes exit for horizontal directional drilling and related works;
- intermediate electrical compound
means the area containing (but not limited to) switchgear, busbars, capacitors, reactors, reactive power compensation equipment, filters, cooling equipment, control and welfare buildings, lightning rods (if required), internal roads, security fencing and other associated equipment, structures and buildings including noise-attenuation works;
- Kingfisher Fortnightly Bulletin
means the bulletin published by the Humber Seafood Institute or such other alternative publication approved in writing by the MMO;
- land plans
means the plans certified as the land plans by the Secretary of State under article 35;
- landfall transition joint bay
means an underground pit where the offshore cables comprised in Work No. 2 are joined to the onshore works;
- licensed marine activities
means the activities specified in Part 1;
- limits of deviation
means the limits for the Works as shown on the works plans;
- main river
has the meaning given by the Water Resources Act 1991;
- maintain
includes— (a) inspect, upkeep, repair, adjust and alter;
- MCA
means the Maritime and Coastguard Agency;
- mean low water
means the average height of all low waters above chart datum;
- MHWS
(mean high water springs) means the average throughout a year of the heights of 2 successive high waters during the periods of 24 hours when the range of the tide is greatest as defined by the MMO and shown on the Order limits plans;
- MMO
means the Marine Management Organisation;
- National Grid Electricity
means National Grid Electricity Transmission plc (company number 02366977);
- National Grid Gas
means National Grid Gas plc (company number 02006000);
- network licence
means the network licence, as amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of the powers under section 8 of the Railways Act 1993;
- Network Rail
means— (a) Network Rail Infrastructure Limited (company number 2904597);
- notice to mariners
includes any notice to mariners which may be issued by the Admiralty, Trinity House, Queen’s harbour masters, government departments and harbour and pilotage authorities;
- offshore Order limits
means the limits shown on the Order limits plans within which the authorised scheme may be carried out, whose grid co-ordinates are set out in clause 2(4);
- onshore cable works
means Work Nos. 3, 5, 8, 11, 14, 17, 19, 21, 22, 24, 26, 29, 31, 33, 37, 39, 42, 44, 46 and 52.
- onshore works
means Work Nos. 2 to 56 and any related further associated development in connection with those Works including, in relation to the installation of electrical circuits and cable ducts jointing bays, manholes, marker posts and other works associated with the installation of electrical circuits and cable ducts;
- operator
means the operator of an electronic communications code network.
- Order
means the Triton Knoll Electrical System Order 2016;
- 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 Order limits plans within which the authorised project may be carried out, whose grid co-ordinates seaward of MHWS are set out in the table in paragraph 2 of Part 1 of Schedule 1;
- Order limits plans
means the plans certified as the Order limits plans by the Secretary of State under article 35 of the Order;
- Order rights
means rights exercisable over the special category land by the undertaker under article 18;
- ordinary watercourse
has the meaning given by section 72 of the Land Drainage Act 1991;
- outline access management plan
means the document certified as the outline access management plan by the Secretary of State under article 35;
- outline code of construction practice (onshore)
means the document certified as the outline code of construction practice (onshore) by the Secretary of State under article 35;
- outline landscape strategy and ecological management plan
means the document certified as the outline landscape strategy and ecological management plan by the Secretary of State under article 35;
- outline offshore operations and maintenance plan
means the document certified as the outline offshore operations and maintenance plan by the Secretary of State under article 35 of the Order;
- outline offshore written scheme of investigation
means the document certified as the outline offshore written scheme of investigation by the Secretary of State under article 35 of the Order;
- outline onshore written scheme of investigation
means the document certified as the outline onshore written scheme of investigation by the Secretary of State under article 35;
- outline traffic management plan
means the document certified as the outline traffic management plan by the Secretary of State under article 35;
- pipeline crossings
means the crossing of existing subsea pipelines by the cables authorised by this Order together with physical protection measures including concrete mattresses or rock placement;
- plan
includes section, drawing, specification and method statement.
- plans
includes 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;
- public communications provider
has the same meaning as in section 151(1) of the Communications Act 2003;
- public rights of way plans
means the plans certified as the public rights of way plans by the Secretary of State under article 35;
- public sewer or drain
means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board or a local authority;
- public utility undertaker
has the same meaning as in the 1980 Act.
- railway operational procedures
means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease;
- railway property
means— (a) any railway belonging to Network Rail;
- relevant costs
means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work or any act or omission referred to in sub-paragraph (1);
- relevant drainage boards
means the drainage boards within the meaning of section 25 of the Land Drainage Act 1991 for the area in which the Work is situated.
- Requirement
means a Requirement set out in Part 3 of Schedule 1;
- requirement consultee
means a person named in a Requirement as a person to be consulted by the relevant planning authority in discharging the Requirement;
- special category land
means the land identified as such on the land plans and numbered 01/01 in the book of reference.
- specified land
means the land within the limits of deviation.
- specified work
means so much of any of the authorised development as is situated on, across, under, over or within 15 metres of, or may in any way adversely affect, railway property.
- stage
means one of the following 28 stages of the onshore works— (a) the IEC enabling works (using the temporary construction compound at Work No. 10);
- statutory nature conservation body
means the Government’s advisor on the natural environment;
- statutory undertaker
means any person falling within section 127(8) of the 2008 Act;
- 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 2 carriageways, and includes part of a street;
- substation enabling works
means, in relation to Work No. 50,— (a) site clearance;
- temporary highways alterations
includes temporary removal and replacement of street furniture and the temporary plating and matting of grass verges to be carried out within the highway boundary;
- train operator
means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993.
- trenchless techniques
means the installation of electrical circuits by means of boring techniques for installing cable ducts including horizontal directional drilling, pipe jacking/horizontal auger boring and micro-boring;
- Tribunal
means the Lands Chamber of the Upper Tribunal;
- Trinity House
means the Corporation of Trinity House of Deptford Strond;
- UKHO
means the United Kingdom Hydrographic Office;
- undertaker
means, subject to article 5(9) (transfer of benefit of Order), Triton Knoll Offshore Wind Farm Limited (company number 03696654);
- unlicensed works
means works needed to connect the authorised project to the National Grid substation at Bicker Fen that National Grid is not required, under its transmission licence, to carry out itself including (but not limited to) cabling, cable sealing ends, circuit breakers, surge arrestors, dis-connectors, transformers, busbars and busbar clamp measuring equipment, relay marshalling rooms and electrical earthing works;
- 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 any river, stream, creek, ditch, drain, canal, cut, culvert, dyke, sluice, sewer and passage through which water flows except a public sewer or drain;
- waterway
means the River Witham and includes any pond or other waterway or course situated on Canal & River Trust property, any works, services, apparatus, equipment, lands (including subsoil) or premises belonging to or under the control of Canal & River Trust and held or used by it in connection with its statutory functions in relation to the River Witham.
- Work
means a Work set out in Part 1 of Schedule 1;
- Work No. 3
means Work No. 3 as set out in Part 1 of Schedule 1 to the Order.
- works plans
means the plans certified as the works plans by the Secretary of State under article 35.
- WPD
means Western Power Distribution (East Midlands) plc (company number 02366923).