- access to works plan
means the plan certified as the access to works plan by the Secretary of State for the purposes of this Order under article 37 (certification of plans etc);
- accommodation platform
means a fixed structure providing offshore accommodation for personnel • “authorised deposits” means the substances and articles specified in paragraph 5 of Part 2 of this licence;
- affected undertaker
means (a) any licence holder within the meaning of Part 1 (electricity supply) of the 1989Act;
- alternative apparatus
means appropriate alternative apparatus to the satisfaction of Cadent to enable the Cadent to fulfil its statutory functions in a manner no less efficient than previously;
- ancillary works
means the ancillary works described in Part 2 of Schedule 1 (ancillary works) and any other works authorised by this Order and which are not development within the meaning of section 32 of the 2008 Act;
- Anglian Water
means Anglian Water Services Limited (company number 02366656) whose registered office is at Lancaster House, Lancaster Way, Ermine Business Park, Huntington, Cambridgeshire PE29 6XU;
- apparatus
means— (a) in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989), belonging to or maintained by that affected undertaker;
- appropriate mitigation
means measures to prevent or remove any adverse effects which the authorised development will have on the air defence radar at Remote Radar Head (RRH) Trimingham and the Ministry of Defence’s air surveillance and control operations;
- approved mitigation
means the detailed Radar Mitigation Scheme (RMS) that will set out the appropriate measures and timescales for implementation as agreed with the Ministry of Defence at the time the Secretary of State confirms satisfaction in writing in accordance with paragraph (1);
- 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 paragraph 5 of Part 2 of this licence;
- authorised development
means the development and associated development described in Part 1 of Schedule 1 (authorised development) and any other development authorised by this Order, which is development within the meaning of section 32 of the 2008 Act;
- authorised project
means the authorised development and the ancillary works authorised by this Order;
- authorised scheme
means Work No. 1 described in Part 3 of this licence or any part of that work;
- authorised works
has the same meaning as is given to the term “authorised development” in article 2 of this Order and includes any associated development authorised by the Order and for the purposes of this Part includes the use and maintenance of the authorised works and construction of any works authorised by this Schedule;
- 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;
- 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
means any onshore or offshore cable and in respect of any onshore cable includes direct lay cables and/or cables pulled through cable ducts;
- cable ducts
means conduits for the installation of cables and/or fibre optic cables;
- cable protection
means measures for offshore cable crossings and where cable burial is not possible due to ground conditions or approaching offshore structures, to protect cables and fibre optic cables and prevent loss of seabed sediment by use of grout bags, protective aprons, mattresses, flow energy dissipation (frond) devices or rock and gravel dumping;
- Cadent
means Cadent Gas Limited and/or its successors in title and/or any successor as a gas transporter within the meaning of Part 1 of the Gas Act 1986 • “commence” has the same meaning as in article 2 of this Order and commencement must be construed to have the same meaning save that for the purpose of this part only the term commence includes operations consisting site clearance, demolition work, archaeological investigations, environmental surveys, investigations for the purposes 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 and temporary hard standing;
- carriageway
has the same meaning as in the 1980 Act;
- commence
means the first carrying out of any part of the licensed activities save for pre-construction surveys and monitoring and “commenced” and “commencement” must be construed accordingly;
- condition
means a condition in Part 4 of this licence;
- conduit system
has the same meaning as in the electronic communications code and references to providing a conduit system is construed in accordance with paragraph 1(3A) of that code;
- construction
includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;
- Crossing Area
means the land within land parcel 21/08 shown on the land plans and described in the book of reference;
- 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 and/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;
- deemed marine licences
means the marine licences set out in Schedules 9, 10, 11 and 12;
- Defence Infrastructure Organisation Safeguarding
means Ministry of Defence Safeguarding, Defence Infrastructure Organisation, Kingston Road, Sutton Coldfield, West Midlands B75 7RL and any successor body to its functions;
- design and access statement
means the document certified as the design and access statement by the Secretary of State for the purposes of this Order under article 37;
- Development Principles
means the document certified as the Development Principles by the Secretary of State for the purposes of the Order;
- discharging authority
means that person or body responsible for approving details pursuant to requirements 13, 14, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33 and 34 in Part 3 of Schedule 1 (requirements);
- draft marine mammal mitigation protocol
means the document certified as the draft marine mammal mitigation protocol by the Secretary of State for the purposes of this Order;
- drainage authority
means— (a) in relation to an ordinary watercourse, the drainage board concerned within the meaning of section 23 (prohibitions of obstructions etc in watercourses) of the Land Drainage Act 1991;
- drainage work
means any watercourse and includes any land that provides or is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence, sea defence or tidal monitoring;
- draught height
means the distance between the lowest point of the rotating blade of the wind turbine generator and MHWS;
- 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 (application of the electronic communications code) 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;
- EMI
means, subject to sub-paragraph (2), electromagnetic interference with Network Rail 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 Chapter 3 of the 2009 Act;
- environmental statement
means the document certified as the environmental statement by the Secretary of State for the purposes of this Order;
- European protected species
has the same meaning as in regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017.
- existing ground level
means 69 metres above ordnance datum.
- functions
includes powers and duties;
- gravity base system
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, transition piece, corrosion protection systems, fenders and maintenance equipment, boat access systems, access ladders and access and rest platform(s) and equipment;
- ground mitigation scheme
means a scheme approved by National Grid (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, must require the promoter to submit for Cadent’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;
- HAT
means highest astronomical tide;
- horizontal directional drilling
means a trenchless technique for installing an underground duct between two points without the need to excavate vertical shafts;
- Hornsea Three Offshore Wind Farm Development Consent Order
means any order made by the Secretary of State under section 114 (grant or refusal of development consent) of the 2008 Act for the Hornsea Three offshore wind farm following the application of 14 May 2018;
- Hornsea Three Order
means any development consent order made by the Secretary of State in relation to Hornsea Three Offshore Wind Farm following the application of 14 May;
- Hornsea Three Order land
means Order land as defined in the Hornsea Three Order;
- house
includes any park or garden belonging to a house. 3 A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the undertaker to purchase the owner’s interest in the house, building or factory. 4 A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. 5 On receiving a counter-notice the undertaker must decide whether to— a withdraw the notice to treat, b accept the counter-notice, or c refer the counter-notice to the Upper Tribunal. 6 The undertaker must serve notice of their decision on the owner within the period of 3 months beginning with the d
- important hedgerows plan
means the document certified as the important hedgerows plan by the Secretary of State for the purposes of this Order under article 37;
- interface cables
means buried onshore cables and fibre optic cables which connect the onshore project substation to the National Grid substation;
- jacket foundation
means a steel jacket/lattice-type structure constructed of steel which is fixed to the seabed at three or more points with steel pin piles or steel suction caissons and associated equipment including scour protection, J-tubes, transition piece, corrosion protection systems, fenders and maintenance equipment, boat access systems, access ladders and access and rest platform(s) and equipment;
- jointing pit
means an excavation formed to enable the jointing of high voltage power cables and fibre optic cables;
- jointing works
means a process by which two or more cables or fibre optic cables are connected to each other by means of cable joints within a jointing pit;
- Kingfisher Fortnightly Bulletin
means the bulletin published by the Humber Seafood Institute or such other alternative publication approved in writing by the MMO for the purposes of this licence;
- land plan
means the plan certified as the land plan by the Secretary of State for the purposes of this Order under article 37;
- landfall
means the location at which the offshore cables and fibre optic cables come ashore;
- licence 1 (generation)
means the licence set out in Schedule 9 (deemed licence under the 2009 Act – generation assets (licence 1 – phase 1));
- licence 1 (transmission)
means the licence set out in Schedule 11 (deemed licence under the 2009 Act – transmission assets (licence 1 – phase 1));
- licence 2 (generation)
means the licence set out in Schedule 10 (deemed licence under the 2009 Act – generation assets (licence 2 – phase 2));
- licence 2 (transmission)
means the licence set out in Schedule 12 (deemed licence under the 2009 Act – transmission assets (licence 2 – phase 2));
- licensed activities
means the activities specified in Part 3 of this licence;
- LIDAR
means light detection and ranging;
- lifetime of the authorised development
means the period ending when the wind turbine generators are finally decommissioned and removed.
- limits of deviation
means the limits of deviation referred to in article 4 (limits of deviation) for the overhead line modification works comprised in Work No. 11A;
- maintain
includes inspect, upkeep, repair, adjust, and alter, and further includes remove, reconstruct and replace (but only in relation to any of the ancillary works in Part 2 of Schedule 1 (ancillary works), any cable, any component part of any wind turbine generator, offshore electrical substation, accommodation platform, meteorological mast, and the onshore transmission works described in Part 1 of Schedule 1 (authorised development) not including the removal, reconstruction or replacement of foundations and buildings associated with the onshore project substation), to the extent assessed in the environmental statement;
- Marine Noise Registry
means the database developed and maintained by JNCC on behalf of Defra to record the spatial and temporal distribution of impulsive noise generating activities in UK seas;
- marker buoy
means any floating device used for marker or navigation purposes, including LIDAR buoys and wave buoys;
- MCA
means the Maritime and Coastguard Agency;
- measurement buoy
means any floating device used for measurement purposes, including LIDAR buoys and wave buoys;
- meteorological mast
means a mast housing equipment to measure wind speed and other wind characteristics, including a topside housing electrical, communication and associated equipment and marking and lighting;
- MHWS
means the highest level which spring tides reach on average over a period of time;
- Ministry of Defence
means the Ministry of Defence as represented by Defence Infrastructure Organisation – Safeguarding, Kingston Road, Sutton Coldfield, B75 7RL or any successor body.
- MMO
means the body created under the 2009 Act which is responsible for the monitoring and enforcement of this licence;
- mobilisation area
means an area associated with the onshore transmission 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;
- monopile foundation
means a steel pile, typically cylindrical, driven and/or drilled into the seabed and associated equipment including scour protection, J-tubes, transition piece, corrosion protection systems, fenders and maintenance equipment, boat access systems, access ladders and access and rest platform(s) and equipment;
- National Grid
means National Grid Electricity Transmission PLC;
- National Grid substation extension
means the extension to the existing 400kV National Grid substation at Necton to provide a connection point to the 400kV grid network, including switchgear, circuit breakers and extension to existing busbar structures;
- NATS
means NATS (En-Route) Plc or any successor body;
- network licence
means the network licence, as is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of powers under section 8 (licences) of the Railways Act l993;
- Network Rail
means Network Rail Infrastructure Limited and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “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;
- Norfolk Boreas Development Consent Order
means an order made by the Secretary of State under section 114 (grant or refusal of development consent) of the 2008 Act for the Norfolk Boreas offshore wind farm following the application of 11 June 2019;
- Norfolk Boreas offshore wind farm
means the proposed offshore wind farm located off the Norfolk coast;
- Norfolk Vanguard East
means the eastern area located in the offshore Order limits within which wind turbine generators will be situated;
- Norfolk Vanguard West
means the western area located in the offshore Order limits within which wind turbine generators will be situated;
- notice to mariners
means a notice issued by the undertaker to mariners to inform them of issues that affect the safety of navigation;
- offshore cable crossings
means the crossing of existing sub-sea cables or pipelines or other existing offshore infrastructure by the array, interconnecting and/or export cables and fibre optic cables authorised by this Order together with physical protection measures including concrete mattresses, rock placement or other protection methods;
- offshore cables
means any cables offshore;
- offshore electrical platform
means a platform attached to the seabed by means of a foundation, with one or more decks, whether open or fully clad, accommodating electrical power transformers, switchgear, instrumentation, protection and control systems, and other associated equipment and facilities to enable the transmission of electronic communications and for electricity to be collected at, and exported from, the platform;
- offshore in principle monitoring plan
means the document certified as the offshore in principle monitoring plan by the Secretary of State for the purposes of this Order;
- offshore Order limits
means the limits shown on the works plan within which the authorised scheme may be carried out, whose grid coordinates are set out in Part 2 of this licence;
- offshore works
means Work Nos. 1 to 4B and any ancillary works in connection with those works;
- onshore decommissioning plan
means a plan to decommission Work No. 4B to Work No. 12 which includes a programme within which any works of decommissioning must be undertaken;
- onshore project substation
means a facility containing electrical equipment including (but not limited to) power transformers, switchgear, welfare facilities, access, fencing and other associated equipment, structures or buildings;
- onshore transmission works
means Work Nos. 4C to 12 and any related further associated development in connection with those works and ancillary works described in Schedule 1 part 1 and Schedule 1 part 2 respectively;
- operator
means the operator of an electronic communications code network.
- Order land
means the land shown on the land plan which is within the limits of land to be acquired and described in the book of reference;
- Order limits
means the limits shown on the works plan within which the authorised project may be carried out, whose grid coordinates seaward of MHWS are set out in paragraph 2 of Part 1 of Schedule 1 (authorised development) of this Order;
- ordinary watercourse
has the meaning given in the Land Drainage Act 1991;
- Orsted
means an undertaker with the benefit of all or part of the Hornsea Three Order for the time being;
- outline access management plan
means the document certified as the outline access management plan by the Secretary of State for the purposes of this Order under article 37;
- 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 37;
- outline fisheries liaison and co-existence plan
means the document certified as the outline fisheries liaison and co-existence plan by the Secretary of State for the purposes of this Order;
- 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 37;
- outline marine traffic monitoring strategy
means the document certified as the outline marine traffic monitoring strategy by the Secretary of State for the purposes of this Order under article 37;
- 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 the Order;
- outline operational drainage plan
means the document certified as the outline operational drainage plan by the Secretary of State for the purposes of this Order under article 37;
- 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 37;
- outline scour protection and cable protection plan
means the document certified as the outline scour protection and cable protection plan the Secretary of State for the purposes of this Order under article 37;
- outline skills and employment strategy
means the document certified as the outline skills and employment strategy by the Secretary of State for the purposes of this Order under article 37;
- outline traffic management plan
means the document certified as the outline traffic management plan by the Secretary of State for the purposes of this Order under article 37;
- 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 37;
- outline written scheme of investigation (offshore)
means the document certified as the outline written scheme of investigation (offshore) by the Secretary of State for the purposes of this Order;
- outline written scheme of investigation (onshore)
means the document certified as the outline written scheme of investigation (onshore) by the Secretary of State for the purposes of this Order under article 37;
- overhead line modification
means alteration and repositioning of the overhead line, including removal of part of the overhead line, in respect of the existing Walpole to Norwich Main 400kV overhead line between pylons 4VV123 and 4VV127 on land north east of Necton, Norfolk to allow connection into the National Grid substation extension including connecting into the National Grid sealing end compound;
- pin piles
means steel cylindrical piles driven and/or drilled into the seabed to secure steel jacket foundations;
- plan
includes sections, drawings, specifications and method statements.
- plans
includes sections, designs, design data, software, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;
- promoter
means the undertaker as defined in article 2 of this Order;
- proposed Hornsea Three Cable Corridor
means the proposed location for any electrical circuit(s) and construction compound(s) permitted by the Hornsea Three Order within the Hornsea Three Order land;
- public communications provider
has the same meaning as in section 151(1) of the Communications Act 2003;
- public sewer or drain
means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, a relevant drainage authority 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 any railway belonging to Network Rail and— (a) any station, land, works, apparatus and equipment belonging to Network Rail or connected with any such railway;
- relevant drainage authorities
means the drainage board for the area of land to which the relevant provision of this Order applies within the meaning of section 23 of the Land Drainage Act 1991;
- 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;
- relevant site
means a European offshore marine site and a European site;
- requirement consultee
means any body named in a requirement which is the subject of an appeal as a body to be consulted by the discharging authority in discharging that requirement.
- requirements
means, or a reference to a numbered requirement is to, those matters set out in Part 3 of Schedule 1 (requirements) to this Order;
- scour protection
means measures to prevent loss of seabed sediment around any marine structure placed in or on the seabed by use of protective aprons, mattresses with or without frond devices, or rock and gravel placement;
- single offshore phase
means carrying out all offshore works as a single construction operation;
- single onshore phase
means a single duct laying operation followed by a one separate operation to pull the cables through the ducts and one separate operation to construct the onshore project substation;
- 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 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;
- specified works
means so much of any works or operations authorised by this Order (or authorised by any planning permission intended to operate in conjunction with this Order) as is— (a) within the Crossing Area;
- statutory historic body
means Historic Buildings and Monuments Commission for England (Historic England) or its successor in function;
- statutory nature conservation body
means an organisation charged by government with advising on nature conservation matters;
- 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, together with land on the verge of a street or between two carriageways, and includes part of a street;
- suction caisson
means a large diameter steel cylindrical shell which penetrates the seabed assisted by a hydrostatic pressure differential for fixity of foundations;
- temporary stopping up of public rights of way plan
means the plan certified as the temporary stopping up of public rights of way plan by the Secretary of State for the purposes of this Order under article 37;
- the 1961 Act
means the Land Compensation Act 1961;
- the 1965 Act
means the Compulsory Purchase Act 1965;
- the 1980 Act
means the Highways Act 1980;
- the 1981 Act
means the Compulsory Purchase (Vesting Declarations) Act 1981;
- the 1989 Act
means the Electricity Act 1989;
- the 1990 Act
means the Town and Country Planning Act 1990;
- the 1991 Act
means the New Roads and Street Works Act 1991;
- the 2003 Act
means the Communications Act 2003;
- the 2004 Act
means the Energy Act 2004;
- the 2008 Act
means the Planning Act 2008;
- the 2009 Act
means the Marine and Coastal Access Act 2009;
- the 2016 Regulations
means the Environmental Permitting (England and Wales) Regulations 2016;
- the 2017 Regulations
means the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007;
- the appeal parties
means the discharging authority, the requirement consultee and the undertaker;
- the electronic communications code
has the same meaning as in Chapter 1 of Part 2 (networks, services and the radio spectrum) of the 2003 Act;
- the engineer
means an engineer appointed by Network Rail for the purposes of this Order;
- the Order
means the Norfolk Vanguard Offshore Wind Farm Order 2020;
- the 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 such act or omission as mentioned in sub-paragraph (1);
- the specified land
means the land within the Order limits.
- 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.
- transition jointing pit
means an excavation formed to enable the jointing of the offshore export cables and fibre optic cables comprised in Work No. 4B to the onshore transmission works;
- trenchless installation techniques
means techniques for installing an underground duct between two points, without excavating and back-filling a trench;
- tribunal
means the Lands Chamber of the Upper Tribunal;
- Trinity House
means the Corporation of Trinity House of Deptford Strond;
- two offshore phases
means carrying out the offshore works as two separate construction operations;
- two onshore phases
means a single duct laying operation followed by two separate operations to pull the cables through the ducts and two separate operations to construct the onshore project substation;
- undertaker
means Norfolk Vanguard Limited;
- 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 up to three blades connected at the hub, nacelle and ancillary electrical and other equipment which may include corrosion protection systems, helicopter landing facilities and other associated equipment, fixed to a foundation;
- Work No. 4C
means the onshore transmission works at the landfall consisting of up to two transition jointing pits and up to four cables to be laid in ducts underground and associated fibre optic cables laid within cable ducts from MHWS at Happisburgh South, North Norfolk;
- works plan
means the plan certified as the works plan by the Secretary of State for the purposes of the Order under article 37;