The Dogger Bank South East and West Offshore Wind Farms Order 2026

• Citation: S.I. 2026/577
• Sections: 456

Section 1 Citation and commencement

This Order may be cited as the Dogger Bank South East and West Offshore Wind Farms Order 2026 and comes into force on 5th June 2026.

Section 2 Interpretation

(1) Except for Schedules 10 to 14, which are subject to the definitions in those Schedules, in this Order—

“ 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 Conservation of Habitats and Species Regulations 2017 ;

“ access to works plan ” means the plan or plans certified by the Secretary of State as the access to works plan or plans for the purposes of this Order under article 42 (certification of plans and documents, etc;

“ address ” includes any number or address used for the purposes of electronic transmission;

“ ancillary works ” means the ancillary works described in Part 2 of Schedule 1 (ancillary works) and any other works authorised by this Order which are not development within the meaning of section 32 (meaning of “ development ”) of the 2008 Act;

“ array cable ” means a cable linking the wind turbine generators to each other and to the offshore converter platforms;

“ 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 (meaning of “ development ”) of the 2008 Act;

“ authorised project ” means the authorised development and ancillary works authorised by this Order;

“ bank holiday ” means a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971;

“ book of reference ” means the document certified as the book of reference by the Secretary of State for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ building ” includes any structure or erection or any part of a building, structure or erection;

“ buoy ” means any floating device used for navigational purposes or measurement purposes including LiDAR buoys, wave buoys and guard buoys;

“ cable ” means any onshore or offshore cable and includes direct-lay cables and cables laid in cable ducts and further includes fibre optic and other communications cables either within the cable or laid alongside;

“ cable crossing ” means a crossing of existing subsea cables or pipelines or other existing infrastructure by a cable or, where cables run together in parallel, a set of cables authorised by this Order together with cable protection;

“ cable ducts ” means conduits for the installation of cables;

“ cable protection ” means measures to protect cables from physical damage and exposure due to loss of seabed sediment including, but not limited to, rock placement, concrete mattresses with or without frond devices, protective aprons or coverings, bagged solutions filled with sand, rock, grout or other materials, and protective shells;

“ cable statement ” means the document certified by the Secretary of State as the cable statement for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ carriageway ” has the same meaning as in section 329 (further provision as to interpretation) of the 1980 Act;

“ commence ” means either—

in relation to works seaward of MHWS, the first carrying out of any licensed marine activities authorised by the deemed marine licences, save for pre-construction surveys and monitoring approved under the deemed marine licences; or

in respect of any other works, the first carrying out of any material operation (as defined in section 155 (when development begins) of the 2008 Act) forming part of the authorised project except for pre-commencement works; and

and the words “commenced” and “ commencement ” must be construed accordingly;

“ commercial operation ” means in relation to any part of the authorised project, the exporting, transmission or conversion, on a commercial basis, of electricity;

“ commissioning ” means the process of assuring that all systems and components of the authorised project are tested to verify that they function and are operable in accordance with the design objectives, specifications and operational requirements of the undertaker;

“ commitments register ” means the document certified by the Secretary of State as the commitments register for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ DBS East ” means the Dogger Bank South East Offshore Wind Farm;

“ DBS East Project ” means the DBS East Project offshore works and the DBS East Project onshore works;

“ DBS East Project offshore works ” means Work Nos. 1A to 9A and any other authorised development and ancillary works associated with those works;

“ DBS East Project onshore works ” means Work Nos. 10A to 34A and any other authorised development and ancillary works associated with those works;

“ DBS East works ” means Work Nos. 1A to 34A;

“ DBSEL ” means RWE Renewables UK Dogger Bank South (East) Limited, company number 13656240, whose registered office is Windmill Hill Business Park, Whitehill Way, Swindon, Wiltshire, England, SN5 6PB;

“ DBS West ” means the Dogger Bank South West Offshore Wind Farm;

“ DBS West Project ” means the DBS West Project offshore works and the DBS West Project onshore works;

“ DBS West Project offshore works ” means Work Nos. 1B to 9B and any other authorised development and ancillary works associated with those works;

“ DBS West Project onshore works ” means Work Nos. 10B to 34B and any other authorised development and ancillary works associated with those works;

“ DBS West works ” means Work Nos. 1B to 34B;

“ DBSWL ” means RWE Renewables UK Dogger Bank South (West) Limited, company number 13656525, whose registered office is Windmill Hill Business Park, Whitehill Way, Swindon, Wiltshire, England, SN5 6PB;

“ Deemed Marine Licence 1 ” means the deemed marine licence in Schedule 10 (Deemed Marine Licence 1: DBS East Project Offshore Generation – Work Nos. 1A, 4A and 7A);

“ Deemed Marine Licence 2 ” means the deemed marine licence in Schedule 11 (Deemed Marine Licence 2: DBS West Project Offshore Generation – Work Nos. 1B, 4B and 7B);

“ Deemed Marine Licence 3 ” means the deemed marine licence in Schedule 12 (Deemed Marine Licence 3: DBS East Project Offshore Transmission – Work Nos. 2A, 3A, 7A and 8A);

“ Deemed Marine Licence 4 ” means the deemed marine licence in Schedule 13 (Deemed Marine Licence 4: DBS West Project Offshore Transmission – Work Nos. 2B, 3B, 7B and 8B);

“ Deemed Marine Licence 5 ” means the deemed marine licence in Schedule 14 (Deemed Marine Licence 5: DBS East Project Offshore Transmission – Work Nos. 5A and 7A);

“ Deemed Marine Licence 6 ” means the deemed marine licence in Schedule 14A (Deemed Marine Licence 6: DBS West Project Offshore Transmission Work Nos. 5B and 7B);

“ deemed marine licences ” means the deemed marine licences set out in Schedule 10 (Deemed Marine Licence 1: DBS East Project Offshore Generation – Work Nos. 1A, 4A and 7A), Schedule 11 ( Deemed Marine Licence 2: DBS West Project Offshore Generation – Work No. 1B, 4B and 7B), Schedule 12 (Deemed Marine Licence 3: DBS East Project Offshore Transmission – Work Nos. 2A, 3A, 7A and 8A), Schedule 13 (Deemed Marine Licence 4: DBS West Project Offshore Transmission – Work Nos. 2B, 3B, 7B and 8B), Schedule 14 (Deemed Marine Licence 5: DBS East Project Offshore Transmission – Work Nos. 5A and 7A), and Schedule 14A (Deemed Marine Licence 6: DBS West Project Offshore Transmission – Work Nos. 5B and 7B);

“ Defence Infrastructure Organisation Safeguarding ” means Ministry of Defence Safeguarding, Defence Infrastructure Organisation, St George’s House, DIO Head Office, DMS Whittington, Lichfield, Staffordshire WS14 9PY and any successor body to its functions;

“ design and access statement ” means the document certified by the Secretary of State as the design and access statement for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ Dogger Bank SAC ” means the site designated as the Dogger Bank Special Area of Conservation;

“ drainage authority ” means in relation to an ordinary watercourse, the drainage board concerned within the meaning of section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991 ;

“ Environment Agency ” means the Environment Agency, Horizon House, Deanery Road, Bristol, BS1 5AH and any successor in name or function;

“ environmental statement ” means the documents certified by the Secretary of State as the environmental statement for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ guillemot compensation plan ” means the document certified by the Secretary of State as the guillemot compensation plan for the purposes of this Order under Article 42 (certification of plans and documents, etc.);

“ haul road ” means the track along the onshore export cable corridor used by traffic to facilitate access to the onshore export cable route for construction;

“highway” and “ highway authority ” has the same meaning as in the 1980 Act;

“ horizontal directional drilling ” refers to a trenchless technique for installing cables and cable ducts involving drilling in an arc between two points;

“ HVAC ” means high voltage alternating current;

“ HVDC ” means high voltage direct current;

“ in principle monitoring plan ” means the document certified by the Secretary of State as the in principle monitoring plan for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ in principle Site Integrity Plan for the Southern North Sea Special Area of Conservation ” means the document certified by the Secretary of State as the in principle Site Integrity Plan for the Southern North Sea Special Area of Conservation for the purposes of this Order under Article 42 (certification of plans and documents, etc.);

“ inter-platform cable ” means a cable linking the offshore converter platforms;

“ intrusive ” means an activity that requires or is facilitated by breaking the surface of the ground or seabed (but does not include the installation of fence or signage posts);

“ jacket foundation ” means a lattice type structure constructed of steel which is fixed to the seabed at 3 or more points with steel pin piles and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms;

“ jointing bay ” means an underground structure located at regular intervals along the cable route to join sections of cable and facilitate installation of the cable into the buried cable ducts;

“ kittiwake compensation plan ” means the document certified by the Secretary of State as the kittiwake compensation plan for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ land plans ” means the plans certified by the Secretary of State as the land plans for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ LAT ” means lowest astronomical tide;

“ lead local flood authority ” has the same meaning as in section 6(7) (other definitions) of the Flood and Water Management Act 2010 ;

“ link box ” means an underground metal box placed within a concrete pit where the metal sheaths between adjacent export cable sections are connected and earthed, installed within a ground level manhole to allow access to the link box for regular maintenance or fault-finding purposes;

“ maintain ” includes inspect, upkeep, repair, adjust, alter, and further includes remove, reconstruct and replace (including replenishment of cable protection), but does not include the removal, reconstruction or replacement of foundations associated with the authorised project, to the extent assessed in the environmental statement; and any derivative of “maintain” must be construed accordingly;

“ MCA ” means the Maritime and Coastguard Agency, UK Technical Services Navigation, Spring Place, 105 Commercial Road, Southampton, SO15 1EG;

“ mean sea level ” means the average level of the sea surface over a period of time, taking account of all tidal effects and surge events;

“MHWS” or “ mean high water springs ” means the average throughout the year of two successive high waters during a 24-hour period in each month when the range of the tide is at its greatest (Spring tides);

“MLWS” or “ mean low water springs ” means the lowest level that spring tides reach on average over a period of time;

“ MMO ” means the Marine Management Organisation, Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH, or its successor in function;

“ monopile foundation ” means a steel pile driven or drilled into the seabed and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

“ National Highways ” means National Highways Limited (company number 09346363) whose registered office is at Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ or any such successor or replacement body that may from time to time be primarily responsible for the functions, duties and responsibilities currently exercised by that statutory body;

“ offshore accommodation platform ” means a structure above LAT and attached to the seabed by means of a foundation, with one or more decks and open with modular equipment or fully clad and may include a helicopter platform, containing accommodation, storage, workshop auxiliary equipment and facilities for operating, maintaining and controlling the offshore converters or wind turbine generators, including but not limited to navigation, aviation and safety marking and lighting, systems for vessel access and retrieval, cranes, potable water supply, black water separation, stores, fuels and spares, communications systems and control hub facilities

“ offshore converter platform ” means an offshore converter platform with equipment to convert the HVAC power generated at the wind turbine generators into HVDC power, being a structure above LAT and attached to the seabed by means of a foundation, with one or more decks and open with modular equipment or fully clad and may include a helicopter platform, containing electrical equipment required to switch, transform, convert electricity generated at the wind turbine generators to a higher voltage and provide reactive power compensation, including but not limited to high voltage power transformers, high voltage switchgear and busbars, substation auxiliary systems and low voltage distribution, instrumentation, metering equipment and control systems, standby generators, shunt reactors, auxiliary and uninterruptible power supply systems, facilities to support operations and maintenance;

“ offshore order limits and grid coordinates plan ” means the plans certified by the Secretary of State as the offshore order limits and grid coordinates plan for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ offshore works ” means Work Nos. 1A to 9A and 1B to 9B and any related further associated development in connection with those works;

“ onshore HVDC converter station ” means a compound comprising an onshore HVDC converter station containing electrical equipment required to switch, transform, convert electricity and provide reactive power compensation, with external landscaping and means of access;

“ onshore order limits and grid coordinates plan ” means the plan certified by the Secretary of State as the onshore order limits and grid coordinates plan for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ onshore works ” means Work Nos. 10A to 34A and 10B to 34B and any related further associated development in connection with those works;

“ 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 works plans within which the authorised project may be carried out, whose offshore grid coordinates are set out in Part 1 of Schedule 1 (authorised project) of this Order;

“ outline code of construction practice ” means the document certified by the Secretary of State as the outline code of construction practice for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ outline construction traffic management plan ” means the document certified by the Secretary of State as the outline construction traffic management plan for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ outline drainage strategy ” means the document certified by the Secretary of State as the outline drainage strategy for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ outline ecological management plan ” means the document certified by the Secretary of State as the outline ecological management plan for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ outline fisheries liaison and co-existence plan ” means the document certified by the Secretary of State as the outline fisheries liaison and co-existence plan for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ outline landscape management plan ” means the document certified by the Secretary of State as the outline landscape management plan for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ outline marine mammal mitigation protocol ” means the document certified by the Secretary of State as the outline marine mammal mitigation protocol for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ outline offshore operations and maintenance plan ” means the document certified by the Secretary of State as the outline offshore operations and maintenance plan for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ outline onshore written scheme of investigation ” means the document certified by the Secretary of State as the outline onshore written scheme of investigation for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ outline project environmental management plan ” means the document certified by the Secretary of State as the outline project environmental management plan for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ outline public rights of way management plan ” means Appendix C of the document certified by the Secretary of State as the outline code of construction practice for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ outline scour protection plan ” means the document certified by the Secretary of State as the outline scour protection plan for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ outline skills and employment strategy ” means the document certified by the Secretary of State as the outline skills and employment strategy for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ outline vessel traffic monitoring plan ” means the document certified by the Secretary of State as the outline vessel traffic monitoring plan for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ outline written scheme of investigation (offshore) ” means the document certified by the Secretary of State as the outline written scheme of investigation (offshore) for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ owner ”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981 ;

“ pre-commencement works ” means site clearance, demolition, early planting of landscaping works, archaeological investigations, environmental surveys, ecological mitigation, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, the diversion and laying of services, the erection of any temporary screening and means of enclosure, site security works, creation of temporary hardstanding, erection of welfare facilities, creation of site accesses, the temporary display of site notices or advertisements and any drainage works required as a result of any other pre-commencement work;

“ pre-existing ducts ” means the ducts to be installed at landfall forming part of Work Nos. 3A, 3B, 8A and 8B.

“ public communications provider ” has the same meaning as in section 151(1) (interpretation of chapter 1) of the 2003 Act;

“ public holiday ” means a public holiday in England and Wales established by common law;

“ public rights of way plan ” means the plan certified by the Secretary of State as the public rights of way plan for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ relevant highway authority ” means in any provision of this Order the highway authority for any area of land to which the relevant provision relates;

“ relevant planning authority ” means in relation to any given provision of this Order (including the requirements) the local planning authority for the land in question:

for the area of land comprising a stage to which the provision relates is situated; and

with the relevant legislative competence under the 1990 Act for the matter to which the provision relates;

“ requirement ” means, or a reference to a numbered requirement is to, those matters set out in Part 1 of Schedule 2 (requirements) to this Order;

“ scour protection ” means measures to prevent loss of seabed sediment around any structure placed in or on the seabed including by the use of bagged solutions, filled with grout or other materials, protective aprons, concrete mattresses with or without frond devices, and rock and gravel placement;

“ special category land plan ” means the plan certified by the Secretary of State as the special category land plan for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ statutory historic body ” means Historic England, 4th Floor, Cannon Bridge House, 25 Dowgate Hill, London EC4R 2YA or its successor in function;

“ statutory nature conservation body ” means a statutory nature conservation body, being the appropriate nature conservation body as defined in Regulation 5 of the Conservation of Habitats and Species Regulations 2017 or its equivalent in the Conservation of Offshore Marine Habitats and Species Regulations 2017 ;

“ statutory undertaker ” means any person falling within section 127(8) (statutory undertakers’ land) of the 2008 Act and a public communications provider as defined in section 151 (interpretation of chapter 1) of the 2003 Act;

“ street ” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

“ street authority ”, in relation to a street, has the same meaning as Part 3 of the 1991 Act;

“ streets plan ” means the plan certified by the Secretary of State as the streets plan for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ temporary construction compound ” means a temporary construction area associated with the onshore works including (as required) but not limited to hardstanding, temporary fencing, lighting, ground preparation, site offices and workshop facilities, general storage, storage of plant, storage of spoil, cable drums, ducting and other construction materials; welfare facilities; car parking; waste management, lay-down areas; bunded generators; fuel storage or any other means of enclosure or areas required for construction purposes;

“ transition joint bay ” means an underground structure that houses the joints between the offshore export cables and the onshore export cables;

“ transition piece ” means a metal structure attached to the top of a foundation where the base of a wind turbine generator is connected and includes additional equipment such as J-tubes, corrosion protection systems, boat access systems, access platforms, craneage, electrical transmission equipment and associated equipment;

“ tree preservation order and hedgerow plan ” means the plan certified by the Secretary of State as the tree preservation order and hedgerow plan for the purposes of this Order under article 42 (certification of plans and documents, etc.);

“ trenchless crossing compound ” means a construction site associated with trenchless crossing works including hard standing, lay down and storage areas for construction materials and equipment, areas for spoil, areas for vehicular parking, bunded storage areas, areas comprising water and bentonite tanks, pumps and pipes, welfare facilities including offices and canteen and washroom facilities, wheel washing facilities, workshop facilities and temporary fencing or other means of enclosure and areas for other facilities required for construction purposes;

“ Trinity House ” means the Corporation of Trinity House of Deptford Strond, Tower Hill, London EC3N 4DH;

“ undertaker ” means, subject to article 5 (benefit of the Order)—

for the purposes of constructing, maintaining, operating and decommissioning the DBS East works and any related ancillary works, DBSEL;

for the purposes of constructing, maintaining, operating and decommissioning the DBS West works and any related ancillary works, DBSWL; and

in any other case, DBSEL and DBSWL;

“ 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, 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, a rotor with three blades connected at the hub, a nacelle and ancillary electrical and other equipment which may include J-tubes, transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter transfer facilities and other associated equipment, fixed to a foundation or transition piece;

“ working day ” means a day which is not a weekend, bank holiday or public holiday in England;

“ works plans ” means the works plans (offshore) and the works plans (onshore);

“ works plans (offshore) ” means the plans certified by the Secretary of State as the works plans (offshore) for the purposes of this Order under article 42 (certification of plans and documents, etc.); and

“ works plans (onshore) ” means the plans certified by the Secretary of State as the works plans (onshore) for the purposes of this Order under article 42 (certification of plans and documents, etc.).

(2) References in this Order to rights over land and watercourses include references to rights to do or restrain or to place and maintain, anything in, on or under land or watercourse or in the air space above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over the land or watercourse which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or which is an interest otherwise comprised in the Order land.

(3) All distances, directions, capacities and lengths referred to in this Order are approximate, save in respect of the parameters referred to in—

(a) requirements 2 to 6 in Part 1 of Schedule 2 (requirements);

(b) conditions 1 to 5 in Part 2 of Schedule 10 (conditions);

(c) conditions 1 to 5 in Part 2 of Schedule 11 (conditions);

(d) conditions 1 to 3 in Part 2 of Schedule 12 (conditions);

(e) conditions 1 to 3 in Part 2 of Schedule 13 (conditions);

(f) condition 1 in Part 2 of Schedule 14 (conditions);

(g) condition 1 in Part 2 of Schedule 14A (conditions).

(4) References in this Order to numbered works are references to the works as numbered in Part 1 of Schedule 1 (authorised development).

(5) Unless otherwise stated, references in this Order to points identified by letters are references to the points so lettered on the works plans.

(6) References in this Order to coordinates are references to coordinates on the World Geodetic System 1984 datum.

(7) The expression “includes” must be construed without limitation unless the contrary intention appears.

(8) Any reference to any statute, order, regulation or similar instrument in this Order must be construed as a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any re-enactment.

Section 3 Development consent granted by Order

Subject to the provisions of this Order, including the requirements—

(a) DBSEL is granted development consent for the DBS East works, and consent for the related ancillary works,

(b) DBSWL is granted development consent for the DBS West works, and consent for the related ancillary works,

to be carried out within the Order limits.

Section 4 Power to maintain the authorised project

(1) The undertaker may at any time maintain the authorised project except to the extent that this Order or any agreement made under this Order provides otherwise.

(2) The power to maintain conferred under paragraph (1) does not relieve the undertaker of any requirement to obtain any further licence under Part 4 (marine licensing) of the 2009 Act for offshore works not covered by the deemed marine licences.

Section 5 Benefit of the Order

(1) Subject to this article, the provisions of this Order have effect solely for the benefit of the undertaker.

(2) Subject to paragraphs (6) , (7) and (8) the undertaker may with the written consent of the Secretary of State—

(a) transfer to another person (“ the transferee ”) any or all of the benefit of the provisions of this Order (excluding the deemed marine licences referred to in paragraph (3) below) and such related statutory rights as may be agreed between the undertaker and the transferee; and

(b) grant to another person (“ the lessee ”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of the Order (excluding the deemed marine licences referred to in paragraph (3) below) and such related statutory rights as may be so agreed,

except where paragraph (8) applies, in which case no consent of the Secretary of State is required.

(3) Subject to paragraph (5) , the undertaker may with the written consent of the Secretary of State—

(a) where an agreement has been made in accordance with paragraph (2)(a), transfer to the transferee the whole of any deemed marine licences granted under Schedules 10 to 14A of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; or

(b) where an agreement has been made in accordance with paragraph (2)(b), grant to the lessee, for the duration of the period mentioned in paragraph (2)(b), the whole of any of the deemed marine licences granted under Schedule 10 to 14A of this Order and such related statutory rights as may be so agreed,

except where paragraph (8) applies, in which case no consent of the Secretary of State is required.

(4) Where an agreement has been made in accordance with paragraph (2) or (3) references in this Order to the undertaker, except in paragraphs (7) , (9) and (12) , is to include references to the transferee or lessee.

(5) The undertaker must consult the Secretary of State before making an application for consent under this article by giving notice in writing of the proposed application.

(6) On receipt of a request under paragraph (3) the Secretary of State must consult the MMO before giving consent to the transfer of the benefit of the whole of any deemed marine licences.

(7) Where the undertaker has transferred any benefit, or for the duration of any period during which the undertaker has granted any benefit, under paragraph (2) or (3) —

(a) the benefit transferred or granted (“the transferred benefit”) is to include any rights that are conferred, and any obligations that are imposed, by virtue of the provisions to which the benefit relates;

(b) the transferred benefit is to reside exclusively with the transferee or, as the case may be, the lessee, and the transferred benefit shall not be enforceable against the undertaker save in the case of a deemed marine licence transferred or granted in respect of any breach of an obligation by the undertaker which occurs prior to such transfer or grant or which occurs as a result of any activity carried out by the undertaker on behalf of the transferee; and

(c) the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (2) or (3) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.

(8) The consent of the Secretary of State is required for the exercise of powers under paragraph (2) or (3) except where—

(a) the transferee or lessee is the holder of a licence under section 6 (licences authorising supply, etc.) of the 1989 Act;

(b) the transferee or lessee is Northern Powergrid (Yorkshire) PLC (company number 04112320, whose registered office is at Lloyds Court, 78 Grey Street, Newcastle Upon Tyne, NE1 6AF) for the purpose of undertaking Work No. 22A or 22B; or

(c) the time limits for claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and—

(i) no such claims have been made;

(ii) any such claim has been made and has been compromised or withdrawn;

(iii) compensation has been paid in final settlement of any such claim;

(iv) payment of compensation into court has taken place in lieu of settlement of any such claim; or

(v) it has been determined by a tribunal or court of competent jurisdiction in respect of any such claim that no compensation shall be payable.

(9) Prior to any transfer or grant under this article taking effect the undertaker must give notice in writing to the Secretary of State, and if such transfer or grant relates to the exercise of powers in their area, to the MMO and the relevant planning authority.

(10) A notice required under paragraphs (5) and (9) must—

(a) state—

(i) the name and contact details of the person to whom the benefit of the provisions will be transferred or granted;

(ii) subject to paragraph (11) , the date on which the transfer will take effect;

(iii) the provisions to be transferred or granted;

(iv) the restrictions, liabilities and obligations that, in accordance with paragraph (7)(c) , will apply to the person exercising the powers transferred or granted; and

(v) where paragraph (8d) does not apply, confirmation of the availability and adequacy of funds for compensation associated with the compulsory acquisition of the Order land;

(b) be accompanied by—

(i) where relevant, a plan showing the works or areas to which the transfer or grant relates; and

(ii) a copy of the document effecting the transfer or grant signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted.

(11) The date specified under paragraph (10)(a)(ii) in respect of a notice served in respect of paragraph (9) must not be earlier than the expiry of fourteen days from the date of the Secretary of State’s receipt of the notice.

(12) The notice given under paragraph (9) must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notice.

(13) The provisions of articles 8 (street works), 10 (temporary closure of streets), 20 (compulsory acquisition of land), 22 (compulsory acquisition of rights), 30 (temporary use of land for carrying out the authorised project) and 31 (temporary use of land for maintaining the authorised project) shall have effect only for the benefit of the undertaker and a person who is a transferee or lessee who is also—

(a) in respect of Work Nos. 10A to 34A and 10B to 34B, a person who holds a licence under the 1989 Act; or

(b) in respect of functions under article 8 relating to streets, a street authority.

(14) Section 72(7) and (8) (variation, suspension, revocation and transfer) of the 2009 Act do not apply to a transfer of grant of the whole of the benefit of the provisions of any deemed marine licences to another person by the undertaker pursuant to an agreement under paragraph (3) of this article save that the MMO may amend any deemed marine licence granted under Schedule 10 (Deemed Marine Licence 1: DBS East Project Offshore Generation – Work Nos. 1A, 4A and 7A), Schedule 11 (Deemed Marine Licence 2: DBS West Project Offshore Generation – Work No. 1B, 4B and 7B), Schedule 12 (Deemed Marine Licence 3: DBS East Project Offshore Transmission – Work Nos. 2A, 3A, 5A, 7A and 8A), Schedule 13 (Deemed Marine Licence 4: DBS West Project Offshore Transmission – Work Nos. 2B, 3B, 5B, 7B and 8B), Schedule 14 (Deemed Marine Licence 5: DBS East Project Offshore Transmission – Work Nos. 5A and 7A), and Schedule 14A (Deemed Marine Licence 6: DBS West Project Offshore Transmission – Work Nos. 5B and 7B) of the Order to correct the name of the undertaker to the name of a transferee or lessee under this article 5 (Benefit of the Order).

Section 6 Disapplication and modification of legislative provisions

(1) The following provisions do not apply in relation to the construction of works or the carrying out of any operation for the purpose of, or in connection with, the construction or maintenance of the authorised project or any part of the authorised project—

(a) the 2016 Regulations, to the extent that they require a permit for anything that would have required consent made under section 109 (structures in, over or under a main river) of the Water Resources Act 1991( ) immediately before the repeal of that section or for any activities defined under the Environmental Permitting (England and Wales) Regulations 2016 as flood risk activities;

(b) Section 23 (prohibition of obstructions etc. in watercourses) of the Land Drainage Act 1991;

(c) the provisions of any byelaws made under, or having effect as if made under, paragraph 5, 6 or 6A of Schedule 25 (byelaw-making powers of the Appropriate Agency) to the Water Resources Act 1991 that require consent or approval for the carrying out of the works;

(d) the provisions of any byelaws made under, or having effect as if made under, section 66 (powers to make byelaws) of the Land Drainage Act 1991 that require consent or approval for the carrying out of the works; and

(e) the provisions of the Neighbourhood Planning Act 2017 in so far as they relate to the temporary possession of land under this Order.

(2) For the purpose of carrying out development authorised by this Order only, regulation 6(1) (permitted work) of the Hedgerows Regulations 1997 (permitted work) is deemed to be amended by inserting the following sub-paragraph after sub-paragraph (1)(j)—

or

(k) for carrying out development which has been authorised by an order granting development consent pursuant to section 114 of the Planning Act 2008;

Section 7 Defence to proceedings in respect of statutory nuisance

(1) Where proceedings are brought under section 82(1) (summary proceedings by persons aggrieved by statutory nuisances) of the Environmental Protection Act 1990 in relation to a nuisance falling within section 79(1) of that Act (statutory nuisances and inspections therefor) no order may be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that the nuisance—

(a) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised project and that the nuisance is attributable to the carrying out of the authorised project in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), of the Control of Pollution Act 1974 ;

(b) is a consequence of the construction maintenance or decommissioning of the authorised project and cannot reasonably be avoided;

(c) relates to premises used by the undertaker for the purposes of or in connection with the use of the authorised project and that the nuisance is attributable to the use of the authorised project in compliance with requirement 21 (control of noise during operational phase); or

(d) is a consequence of the use of the authorised project and that it cannot reasonably be avoided.

(2) For the purposes of paragraph (1) above, compliance with the controls and measures relating to noise, vibration, dust or artificial light approved pursuant to the requirements in Schedule 2 of this Order will be sufficient, but not necessary, to show that an alleged nuisance could not reasonably be avoided.

(3) Section 61(9) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction, maintenance or decommissioning of the authorised project.

Section 8 Street works

(1) The undertaker may, for the purposes of the authorised project, enter on so much of any of the streets specified in Schedule 3 (streets subject to street works) as is within the Order limits and may—

(a) break up or open the street or any sewer, drain or tunnel under it;

(b) tunnel or bore under the street;

(c) remove or use all earth and materials in on or under the street;

(d) place and keep apparatus under the street;

(e) remove, maintain or renew apparatus in, on, or under the street or change its position; and

(f) execute and maintain any works required for or incidental to any works referred to in sub-paragraphs (a) to (e) .

(2) The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act.

(3) In this article “ apparatus ” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act.

Section 9 Application of the 1991 Act

(1) The provisions of the 1991 Act mentioned in paragraph (2) that apply in relation to the carrying out of street works under that Act and any regulations made, or code of practice issued or approved, under those provisions apply (with all necessary modifications) in relation to—

(a) the carrying out of works under article 8 (street works); and

(b) the temporary closure, restriction, alteration or diversion of a street by the undertaker under article 10 (temporary closure of streets);

whether or not the carrying out of the works or the closure, alteration or diversion constitutes street works within the meaning of that Act.

(2) The provisions of the 1991 Act are—

(a) subject to paragraph (3) , section 55 (notice of starting date of works);

(b) section 57 (notice of emergency works);

(c) section 60 (general duty of undertakers to co-operate);

(d) section 68 (facilities to be afforded to street authority);

(e) section 69 (works likely to affect other apparatus in the street);

(f) section 76 (liability for cost of temporary traffic regulation);

(g) section 77 (liability for cost of use of alternative route); and

(h) all provisions of that Act that apply for the purposes of the provisions referred to in sub-paragraphs (a) to (g) .

(3) Section 55 (notice of starting date of works) of the 1991 Act as applied by paragraph (2) has effect as if references in section 57 of that Act to emergency works included a reference to a closure, alteration or diversion (as the case may be) required in a case of emergency.

(4) The following provisions of the 1991 Act do not apply in relation to any works executed under the powers conferred by this Order—

(a) section 56A (power to give directions as to placing of apparatus);

(b) section 58 (restriction on works following substantial road works);

(c) section 58A (restriction on works following substantial street works);

(d) section 61 (protected streets); and

(e) schedule 3A (restriction on works following substantial street works).

Section 10 Temporary closure of streets

(1) The undertaker, during and for the purposes of carrying out the authorised project, may temporarily close, restrict, alter or divert any street and may for any reasonable time—

(a) divert the traffic or a class of traffic from the street; and

(b) subject to paragraph (3) , prevent persons from passing along the street.

(2) Without limiting paragraph (1) , the undertaker may use any street temporarily closed under the powers conferred by this article within the Order limits as a temporary working site.

(3) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary closure, alteration or diversion of a street under this article if there would otherwise be no such access.

(4) Without limiting paragraph (1) , the undertaker may temporarily close, restrict, alter or divert the streets specified in Schedule 4 (streets to be temporarily closed or restricted) to the extent specified by reference to the letters and numbers shown on the streets plan.

(5) The undertaker must not temporarily close, restrict, alter or divert or use as a temporary working site—

(a) any street referred to in paragraph (4) without first consulting the street authority; and

(b) any other street without the consent of the street authority, which may attach reasonable conditions to the consent.

(6) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(7) If a street authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (5)(b) that street authority is deemed to have granted consent.

Section 11 Closure and diversion of public rights of way

(1) The undertaker may, in connection with the carrying out of the authorised project, temporarily close each of the public rights of way specified in column (2) of Part 1 (public rights of way to be temporarily closed) of Schedule 5 (closure and diversion of public rights of way ) to the extent specified in column (3), by reference to the letters shown on the public rights of way plan

(2) The rights of way specified in Part 1 (public rights of way to be temporarily closed) of Schedule 5 (closure and diversion of public rights of way) may not be temporarily closed under this article unless a diversion for the closed section of that right of way is first provided by the undertaker to the standard defined in the public rights of way management plan to be approved in accordance with the requirements set out in Schedule 2 (requirements) to the reasonable satisfaction of the relevant highway authority.

(3) The relevant diversion route provided under paragraph (2) must be subsequently maintained by the undertaker until the re-opening of the relevant right of way specified in paragraph (1) .

(4) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(5) Subject to paragraphs (6) and (7) , the undertaker may in connection with the carrying out of the authorised project permanently divert each of the public rights of way specified in column (2) of Part 2 (public rights of way to be permanently diverted) of Schedule 5 (closure and diversion of public rights of way) to the extent specified in column (3), by reference to the letters shown on the public rights of way plan.

(6) No public rights of way may be permanently diverted under this article until a temporary alternative route for the passage of such traffic as could have used the public right of way has been provided and subsequently maintained by the undertaker until a permanent alternative has been provided and is open to public use, which temporary alternative route must be provided to the reasonable satisfaction of the relevant highway authority, between the points specified in column (4) of Part 2 of Schedule 5.

(7) No later than 3 months from the completion of the authorised project, the undertaker must provide a permanent alternative route for any route permanently diverted under this article, which permanent alternative route must be provided between the points specified in column (4) of Part 2 of Schedule 5 to the reasonable satisfaction of the relevant highway authority.

Section 12 Power to alter layout, etc. of streets

(1) The undertaker may for the purposes of carrying out the authorised project permanently alter the layout of, or carry out any works in, a street specified in column (2) of Part 1 (streets subject to permanent street works) and may temporarily alter the layout of, or carry out any works in, a street specified in column (2) of Part 2 (streets subject to temporary street works) of Schedule 3 (streets subject to street works).

(2) Without limitation on the specific powers conferred by paragraph (1), but subject to paragraph (5) , the undertaker may, for the purposes of constructing, operating and maintaining the authorised project, permanently or temporarily alter the layout of any street (and carry out works ancillary to such alterations) whether or not within the Order limits and the layout of any street having a junction with such a street and, without limiting the scope of this paragraph, the undertaker may—

(a) increase the width of the carriageway of the street by reducing the width of any footpath, footway, cycle track, central reservation or verge within the street;

(b) alter the level or increase the width of any such street, footpath, footway, cycle track, central reservation or verge;

(c) reduce the width of the carriageway of the street;

(d) execute any works to widen or alter the alignment of pavements;

(e) make and maintain crossovers and passing places;

(f) execute any works of surfacing or resurfacing of the highway;

(g) carry out works for the provision or alteration of parking places, loading bays and cycle tracks;

(h) execute any works necessary to alter or provide facilities for the management and protection of pedestrians;

(i) execute any works to provide or improve sight lines required by the highway authority;

(j) execute and maintain any works to provide hard and soft landscaping;

(k) carry out re-lining and placement of new temporary markings; and

(l) remove and replace kerbs and flume ditches for the purposes of creating permanent and temporary accesses.

(3) The undertaker must restore to the reasonable satisfaction of the street authority any street that has been temporarily altered under this article.

(4) The powers conferred by paragraph (1) must not be exercised without the consent of the street authority.

(5) Paragraph (3) and (4) do not apply where the undertaker is the street authority for a street in which the works are being carried out.

(6) If a street authority which receives an application for consent under paragraph (5) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was received by that street authority, it is deemed to have granted consent.

Section 13 Access to works

(1) The undertaker may, for the purposes of the authorised project—

(a) form, lay out and maintain means of access, or improve or maintain existing means of access, in the locations specified in Schedule 6 (access to works); and

(b) with the approval of the relevant planning authority following consultation with the highway authority in accordance with requirement 15 (highway access) form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised project.

(2) If the relevant planning authority fails to notify the undertaker of its decision within 28 days of receiving an application for approval under paragraph (1)(b) that relevant planning authority is deemed to have granted approval.

Section 14 Agreements with street authorities

(1) A street authority and the undertaker may enter into agreements with respect to—

(a) any temporary closure, restriction, alteration or diversion of a street authorised by this Order; or

(b) the carrying out in the street of any of the works referred to in article 8 (street works).

(2) Such an agreement may, without prejudice to the generality of paragraph (1) —

(a) provide for the street authority to carry out any function under this Order that relates to the street in question;

(b) include an agreement between the undertaker and the street authority specifying a reasonable time for the completion of the works; and

(c) contain such terms as to payment and otherwise as the parties consider appropriate.

Section 15 Use of private roads

(1) Subject to paragraphs (2) , (3) and (4) the undertaker may use any private road within the Order limits for the passage of persons or vehicles (with or without materials, plant and machinery) for the purposes of, or in connection with, the construction and maintenance of the authorised project.

(2) The undertaker must compensate the person liable for the repair of a road to which paragraph (1) applies for any loss or damage which that person may suffer by reason of the exercise of the power conferred by paragraph (1) .

(3) Any dispute as to a person’s entitlement to compensation under paragraph (2) , or as to the amount of such compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(4) The undertaker may only use a private road under paragraph (1) for such time as the power to take temporary possession of the land upon which it is located under either article 30 (temporary use of land for carrying out the authorised project) and article 31 (temporary use of land for maintaining the authorised project) is capable of being exercised under those articles in relation to that land.

Section 16 Discharge of water

(1) Subject to paragraphs (3) and (4) below the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised project and for that purpose may inspect, lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.

(2) Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker pursuant to paragraph (1) must be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991.

(3) The undertaker must not discharge any water into a watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.

(4) The undertaker must not carry out any works to any public sewer or drain pursuant to paragraph (1) except—

(a) in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and

(b) where that person has been given the opportunity to supervise the making of the opening.

(5) The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.

(6) The undertaker must not, in carrying out or maintaining works pursuant to this article damage or interfere with the bed or banks of, or construct any works in, under, or over or within eight metres of, any watercourse forming part of a main river, or within 16 metres of a tidally influenced main river without the prior written consent of the Environment Agency.

(7) This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by regulation 12 (requirement for a permit) of the 2016 Regulations.

(8) In this article—

(a) “ public sewer or drain ” means a sewer or drain that belongs to a sewerage undertaker, the Environment Agency, an internal drainage board or a local authority; and

(b) other expressions, excluding watercourse, used both in this article and in the 2016 Regulations have the same meaning as in those Regulations.

(9) If a person who receives an application for consent or approval fails to notify the undertaker of a decision within 28 days of receiving an application for consent under paragraph (3) or approval under paragraph (4)(a) that person is deemed to have granted consent or given approval, as the case may be.

(10) This article is subject to the protective provisions in Part 4 of Schedule 15 (Protective Provisions) where the undertaker discharges water into, or makes any opening into, a watercourse, public sewer or drain belonging to or under the control of a drainage authority.

Section 17 Protective work to buildings

(1) Subject to the provisions of this article, the undertaker may at its own expense carry out such protective works to any building within the Order limits as the undertaker considers necessary or expedient.

(2) Protective works may be carried out—

(a) at any time before or during the carrying out in the vicinity of the building of any part of the authorised project; or

(b) after the completion of that part of the authorised project in the vicinity of the building at any time up to the end of the period of five years beginning with the day on which that part of the authorised project is brought into commercial operation.

(3) For the purpose of determining how the powers under this article are to be exercised, the undertaker may enter and survey any building falling within paragraph (1) and any land within its curtilage.

(4) For the purpose of carrying out protective works under this article to a building, the undertaker may (subject to paragraphs (5) and (6) )—

(a) enter the building and any land within its curtilage; and

(b) where the works cannot be carried out reasonably conveniently without entering land that is adjacent to the building but outside its curtilage, enter the adjacent land (but not any building erected on it).

(5) Before exercising—

(a) a power under paragraph (1) to carry out protective works to a building;

(b) a power under paragraph (3) to enter a building and land within its curtilage;

(c) a power under paragraph (4)(a) to enter a building and land within its curtilage; or

(d) a power under paragraph (4)(b) to enter land;

the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days’ notice of its intention to exercise that power and, in a case falling within sub-paragraph (a) , (c) or (d) , the notice must specify the protective works proposed to be carried out.

(6) Where a notice is served under sub-paragraph (5)(a) , (c) or (d) , the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question of whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 47 (arbitration).

(7) The undertaker must compensate the owners and occupiers of any building or land in relation to which powers under this article have been exercised for any loss or damage arising to them by reason of the exercise of the powers.

(8) Where—

(a) protective works are carried out under this article to a building; and

(b) within the period of five years beginning with the day on which the part of the authorised project carried out in the vicinity of the building is brought into commercial operation it appears that the protective works are inadequate to protect the building against damage caused by the carrying out or use of that part of the authorised project;

the undertaker must compensate the owners and occupiers of the building for any loss or damage sustained by them.

(9) Nothing in this article relieves the undertaker of any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act.

(10) Any compensation payable under paragraph (7) or (8) must be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(11) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto, or possession of land under this article to the same extent as it applies in respect of the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act .

(12) In this article, “ protective works ”, in relation to a building, means—

(a) underpinning, strengthening and any other works the purpose of which is to prevent damage that may be caused to the building by the carrying out, maintenance or use of the authorised project; and

(b) any works, the purpose of which is to remedy any damage that has been caused to the building by the carrying out, maintenance or use of the authorised project.

Section 18 Authority to survey and investigate land onshore

(1) The undertaker may for the purposes of this Order enter on any land within the Order limits or land which may be affected by the authorised project and—

(a) survey or investigate the land;

(b) without limiting sub-paragraph (a) , make trial holes and bore holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer, subsoil and groundwater and remove soil and groundwater samples;

(c) without limiting sub-paragraph (a) , carry out ecological or archaeological investigations on the land, including the digging of trenches, test pits, or environmental monitoring; and

(d) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and the making of trial holes.

(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land. If the undertaker proposes to do any of the following, the notice must include details of what is proposed—

(a) searching, boring or excavating;

(b) leaving apparatus on the land; and

(c) taking samples.

(3) Any person entering land under this article on behalf of the undertaker—

(a) must, if so required before or after entering the land, produce written evidence of their authority to do so; and

(b) may take with them such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.

(4) No trial holes, trenches or test pits may be made under this article—

(a) in land forming a railway without the consent of Network Rail ;

(b) in land held by or in right of the Crown without the consent of the Crown;

(c) in land located within the highway boundary without the consent of the highway authority; or

(d) in a private street without the consent of the street authority;

but such consent must not be unreasonably withheld or delayed.

(5) After completion of the activities being undertaken pursuant to this article, any apparatus must be removed as soon as practicable, and the land must be restored to its original condition.

(6) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the powers conferred by this article, such compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(7) If either a highway authority or a street authority which receives an application for consent or approval fails to notify the undertaker of its decision within 28 days of receiving the application for consent—

(a) under paragraph (4)(c) in the case of a highway authority; or

(b) under paragraph (4)(d) in the case of a street authority;

that authority is deemed to have granted consent.

(8) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto land, or possession under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

Section 19 Article not used

Not used.

Section 20 Compulsory acquisition of land

(1) DBSEL, with the consent of DBSWL such consent not to be unreasonably withheld, may acquire compulsorily so much of the Order land as is required for the DBS East works, or to facilitate, or is incidental to, the construction, operation and maintenance of the DBS East works.

(2) DBSWL, with the consent of DBSEL such consent not to be unreasonably withheld, may acquire compulsorily so much of the Order land as is required for the DBS West works, or to facilitate, or is incidental to, the construction, operation and maintenance of the DBS West works.

(3) If the undertaker whose consent is required under paragraph (1) or (2) fails to notify the undertaker requesting consent of its decision within 28 days of receiving an application for consent, that undertaker is deemed to have given consent.

(4) This article is subject to—

(a) article 21 (time limit for exercise of authority to acquire land compulsorily);

(b) paragraph (3) of article 22 (compulsory acquisition of rights);

(c) article 26 (acquisition of subsoil or airspace only);

(d) article 29 (rights under or over streets)

(e) paragraph (8) of article 30 (temporary use of land for carrying out the authorised project);

(f) article 41 (crown rights); and

(g) Schedule 15 (protective provisions)

Section 21 Time limit for exercise of authority to acquire land compulsorily

(1) After the end of the period of seven years beginning on the day on which this Order is made—

(a) no notice to treat is to be served under Part 1 of the 1965 Act; and

(b) no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 24 (application of the 1981 Act).

(2) The applicable period of the purposes of section 4 of the 1965 Act (time limit for giving notice to treat) and section 5A of the 1981 Act (time limit for general vesting declaration) (as modified by this Order) is the period of seven years beginning on the day on which this Order is made.

(3) The authority conferred by article 30 (temporary use of land for carrying out the authorised project) must not be used after the end of the applicable period referred to in paragraph (2) , save that if an application is made under section 118 of the 2008 Act (legal challenges relating to applications for orders granting development consent) the applicable period is to be extended by—

(a) a period equivalent to the period beginning on the day the application is made and ending on the day it is withdrawn or finally determined; or

(b) if shorter, one year.

Section 22 Compulsory acquisition of rights

(1) Subject to paragraph (3) , DBSEL may with the consent of DBSWL (such consent not to be unreasonably withheld), acquire compulsorily such rights or impose such restrictive covenants over the Order land as may be required for any purpose for which that land may be acquired under article 20 (compulsory acquisition of land), by creating them as well as by acquiring rights already in existence.

(2) Subject to paragraph (3) , DBSWL may with the consent of DBSEL (such consent not to be unreasonably withheld), acquire compulsorily such rights or impose such restrictive covenants over the Order land as may be required for any purpose for which that land may be acquired under article 20 (compulsory acquisition of land), by creating them as well as by acquiring rights already in existence.

(3) Subject to the provisions of this paragraph, article 23 (private rights over land) and article 32 (statutory undertakers), in the case of the Order land specified in column (1) of Schedule 7 (land in which only new rights, etc. may be acquired), the powers of compulsory acquisition conferred by this Order are limited to the acquisition by the undertaker referred to in the corresponding entry in column (2) of that Schedule of such new rights and the imposition of restrictive covenants as may be required for the purpose specified in relation to that land in column (2) of that Schedule.

(4) Subject to section 8 (other provisions as to divided land) of and Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 8 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants), where the undertaker acquires a right over the Order land or imposes a restrictive covenant, or acquires an existing right over land or the benefit of a restrictive covenant already in existence under this article, the undertaker is not required to acquire a greater interest in that land.

(5) Schedule 8 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants) for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.

(6) In any case where the acquisition of new rights or the imposition of restrictive covenants under paragraphs (1) , (2) or (3) is required for the purposes of diverting, replacing or protecting apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to acquire such rights or impose such restriction to the relevant statutory undertaker.

(7) The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (6) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker.

Section 23 Private rights over land

(1) Subject to the provisions of this article, all private rights and restrictive covenants over land subject to compulsory acquisition under article 20 (compulsory acquisition of land) are extinguished—

(a) from the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or

(b) on the date of entry on the land by the undertaker under section 11(1) (powers of entry) of the 1965 Act ;

whichever is the earlier.

(2) Subject to the provisions of this article, all private rights or restrictive covenants over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under article 22 (compulsory acquisition of rights) are extinguished in so far as their continuance would be inconsistent with the exercise of the right or the burden of the restrictive covenant—

(a) as from the date of the acquisition of the right or the imposition of the restrictive covenant by the undertaker (whether the right is acquired or the restrictive covenant is imposed compulsorily or by agreement); or

(b) on the date of entry on the land by the undertaker under section 11(1) (powers of entry) of the 1965 Act in pursuance of the right;

whichever is the earlier.

(3) Subject to the provisions of this article, all private rights or restrictive covenants over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable, in so far as their continuance would be inconsistent with the purpose for which temporary possession is taken, for as long as the undertaker remains in lawful possession of the land.

(4) Any person who suffers loss by the extinguishment or suspension of any private right or restrictive covenant under this article is entitled to compensation in accordance with the terms of section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(5) This article does not apply in relation to any right to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 32 (statutory undertakers) applies.

(6) Paragraphs (1) to (3) have effect subject to—

(a) any notice given by the undertaker before—

(i) the completion of the acquisition of the land or the acquisition of rights or the imposition of restrictive covenants over or affecting the land;

(ii) the undertaker’s appropriation of the land;

(iii) the undertaker’s entry onto the land; or

(iv) the undertaker’s taking temporary possession of the land;

that any or all of those paragraphs do not apply to any right specified in the notice; or

(b) any agreement made at any time between the undertaker and the person in or to whom the right or restrictive covenant in question is vested or belongs.

(7) If an agreement referred to in paragraph (6)(b) —

(a) is made with a person in or to whom the right or restrictive covenant is vested or belongs or benefits; and

(b) is expressed to have effect also for the benefit of those deriving title from or under that person;

the agreement is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

(8) References in this article to private rights over land include any trust, incident, easement, liberty, privilege, right or advantage to which the land is subject.

Section 24 Application of the 1981 Act

(1) The 1981 Act applies as if this Order were a compulsory purchase order.

(2) The 1981 Act, as applied by paragraph (1) , has effect with the following modifications.

(3) In section 1 (application of act), for subsection 2, substitute—

(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.

(4) In section 5(2) (earliest date for execution of declaration) omit the words from “, and this subsection” to the end.

(5) In section 5B (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)” substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent)” .

(6) In section 6 (notices after execution of declaration), in subsection (1)(b), for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008” .

(7) In section 7 (constructive notice to treat), in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(8) In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute—

(2) But see article 26 (acquisition of subsoil or airspace only) of the Dogger Bank South East and West Offshore Wind Farms Order 2026, which excludes the acquisition of subsoil or airspace only from this Schedule.

(9) References to the 1965 Act in the 1981 Act must be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and as modified by article 28 (modification of Part 1 of the 1965 Act)) to the compulsory acquisition of land under this Order.

Section 25 Statutory authority to override easements and other rights

(1) The carrying out or use of the authorised project and the doing of anything else authorised by this Order is authorised for the purpose specified in section 158(2) (nuisance: statutory authority) of the 2008 Act, despite it involving—

(a) an interference with an interest or right to which this article applies; or

(b) a breach of a restriction as to use of land arising by virtue of contract.

(2) The undertaker must pay compensation to any person whose land is injuriously affected by—

(a) an interference with an interest or right to which this article applies; or

(b) a breach of a restriction as to use of land arising by virtue of contract, caused by the carrying out or use of the authorised development and the operation of section 158 of the 2008 Act.

(3) The interests and rights to which this article applies are any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and any restrictions as to the use of land arising by virtue of a contract.

(4) Subsection (2) of section 10 (further provision as to compensation for injurious affection) of the 1965 Act applies to paragraph (2) by virtue of section 152(5) (compensation in case where no right to claim in nuisance) of the 2008 Act.

(5) Any rule or principle applied to the construction of section 10 (further provision as to compensation for injurious affection) of the 1965 Act must be applied to the construction of paragraph (2) with any necessary modifications.

Section 26 Acquisition of subsoil or airspace only

(1) DBSEL may, with the consent of DBSWL (such consent not to be unreasonably withheld), acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in paragraph (1) of article 20 (compulsory acquisition of land) or article 22 (compulsory acquisition of rights) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

(2) DBSWL may, with the consent of DBSEL (such consent not to be unreasonably withheld), acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in paragraph (2) of article 20 (compulsory acquisition of land) or article 22 (compulsory acquisition of rights) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

(3) Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over land under paragraph (1) or (2) , the undertaker is not required to acquire an interest in any other part of the land.

(4) The following do not apply in connection with the exercise of the power under paragraph (1) or (2) in relation to subsoil or airspace only—

(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act as modified by article 28 (modification of Part 1 of the 1965 Act);

(b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

(c) Section 153(4A) (reference of objection to Upper Tribunal: general) of the 1990 Act.

(5) Paragraphs (3) and (4) do not apply where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or manufactory.

Section 27 Compulsory acquisition of land: minerals

Parts 2 and 3 of Schedule 2 (minerals) to the Acquisition of Land Act 1981 are incorporated in this Order, subject to the following modifications—

(a) paragraph 8(3) is not incorporated;

(b) for “acquiring authority” substitute “undertaker” ;

(c) for “undertaking” substitute “authorised project” ; and

(d) for “compulsory purchase order” substitute “this Order” .

Section 28 Modification of Part 1 of the 1965 Act

(1) Part 1 of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.

(2) In section 4A(1) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)”, substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent)” .

(3) In section 11A (powers of entry: further notice of entry)—

(a) in subsection (1)(a), after “land” insert “under that provision” ; and

(b) in subsection (2), after “land” insert “under that provision” .

(4) In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute “article 21 (time limit for exercise of authority to acquire land compulsorily) of the Dogger Bank South East and West Offshore Wind Farms Order 2026” .

(5) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)—

(a) for paragraphs 1(2) and 14(2) substitute—

(2) But see article 26(4) (acquisition of subsoil or airspace only) of the Dogger Bank South East and West Offshore Wind Farms Order 2026, which excludes the acquisition of subsoil or airspace only from this Schedule

(b) at the end insert—

INTERPRETATION

(30) In this Schedule, references to entering on and taking possession of land do not include doing so under article 17 (protective work to buildings), article 30 (temporary use of land for carrying out the authorised project) or article 31 (temporary use of land for maintaining the authorised project) of the Dogger Bank South East and West Offshore Wind Farms Order 2026.

Section 29 Rights under or over streets

(1) The undertaker may enter on and appropriate so much of the subsoil of or airspace over any street within the Order limits as may be required for the purposes of the authorised project and may use the subsoil or airspace for those purposes or any other purpose ancillary to the authorised project.

(2) Subject to paragraph (3) , the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

(3) Paragraph (2) does not apply in relation to—

(a) any subway or underground building; or

(b) any cellar, vault, arch or other construction in, on or under a street that forms part of a building fronting onto the street.

(4) Subject to paragraph (5) , any person who is an owner or occupier of land appropriated under paragraph (1) without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(5) Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 (sharing of cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Section 30 Temporary use of land for carrying out the authorised project

(1) The undertaker may, in connection with the carrying out of the authorised project (but subject to article 21 (time limit for exercise of authority to acquire land compulsorily)—

(a) enter on and take temporary possession of—

(i) the land specified in column (1) of Schedule 9 (land of which only temporary possession may be taken) for the purpose specified in relation to that land in column (2) of that Schedule; and

(ii) any other Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act;

(b) remove any buildings, agricultural plant and apparatus, drainage, fences, debris and vegetation from that land;

(c) construct temporary works (including the provision of means of access), haul roads, security fencing, bridges, structures and buildings on that land;

(d) use the land for the purposes of a working site with access to the working site in connection with the authorised project;

(e) construct any works, or use the land, as specified in relation to that land in column (1) of Schedule 9, or any mitigation works;

(f) construct such works on that land as are mentioned in Part 1 (authorised development) of Schedule 1 (authorised project); and

(g) carry out mitigation works required pursuant to the requirements in Part 1 of Schedule A2.

(2) Not less than 28 days before entering on and taking temporary possession of land under this article, the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

(3) The undertaker must not remain in possession of the land under this agreement for longer than is reasonably necessary and in any event, without the agreement of the owners of the land, remain in possession of any land under this article—

(a) in the case of land specified in paragraph (1)(a)(i) after the end of the period of one year beginning with the date of completion of the part of the authorised project specified in relation to that land in column (3) of Schedule 9; or

(b) in the case of land specified in paragraph (1)(a)(ii) after the end of the period of one year beginning with the date of completion of the part of the authorised project for which temporary possession of the land was taken,

unless the undertaker has, before the end of that period, served a notice of entry under section 11 (powers of entry) of the 1965 Act or made a declaration under section 4 (execution of declaration) of the 1981 Act in relation to that land.

(4) Unless the undertaker has served notice of entry under section 11 (powers of entry) of the 1965 Act or made a declaration under section 4 (execution of declaration) of the 1981 Act or otherwise acquired the land or rights over land subject to temporary possession, the undertaker must before giving up possession of land of which temporary possession has been taken under this article, remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to—

(a) replace any building, structure, drain or electric line removed under this article;

(b) remove any drainage works including culverts installed by the undertaker under this article;

(c) remove any new road surface or other improvements carried out under this article to any street specified in Schedule 3 (streets subject to street works) or any new footpath surface carried out under this article to any footpath or any improvements carried out under this article to any bridge; or

(d) restore the land on which any works have been carried out under paragraph (1)(g).

(5) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of any power conferred by this article.

(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(7) Subject to article 50 (no double recovery) nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised project, other than loss or damage for which compensation is payable under paragraph (5).

(8) The undertaker may not compulsorily acquire under this Order new rights over or impose restrictive covenants over the land referred to in paragraph (1)(a)(i).

(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

Section 31 Temporary use of land for maintaining the authorised project

(1) Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised project, the undertaker may—

(a) enter on and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the authorised project; and

(b) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

(a) any house or garden belonging to a house; or

(b) any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

(4) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised project for which possession of the land was taken.

(5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(8) Subject to article 50 (no double recovery) nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the maintenance of the authorised project, other than loss or damage for which compensation is payable under paragraph (6).

(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(11) In this article “ the maintenance period ”, in relation to any part of the authorised project means—

(a) in relation to the maintenance of any tree, hedge or shrub planted as part of an approved landscape management plan the relevant period referred to in requirement 11(2); and

(b) in relation to any other part of the authorised project, means the period of five years beginning with the date on which the authorised project is brought into commercial operation.

Section 32 Statutory undertakers

Subject to the provisions of articles 22 (compulsory acquisition of rights), 45 (protective provisions) and schedule 15 (protective provisions), the undertaker may—

(a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plans within the Order limits; and

(b) extinguish or suspend the rights of or the restrictions for the benefit of, remove, relocate the rights of or reposition apparatus belonging to, statutory undertakers, over or within the Order limits.

Section 33 Recovery of costs of new connections

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 32 (statutory undertakers), any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer, but where such a sewer is removed under article 32, any person who is—

(a) the owner or occupier of premises the drains of which communicated with that sewer; or

(b) the owner of a private sewer that communicated with that sewer;

is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewage disposal plant.

(3) This article does not have effect in relation to apparatus to which article 32 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 (street works in England and Wales) of the 1991 Act applies.

(4) In this article “ public utility undertaker ” has the same meaning as in section 329 (further provision as to interpretation) of the 1980 Act.

Section 34 Operation of generating station

(1) The undertaker is authorised to operate the generating station comprised in the authorised development.

(2) This article does not relieve the undertaker of any requirement to obtain any permit or licence under any other legislation that may be required from time to time to authorise the operation of an electricity generating station.

Section 35 Deemed marine licences under the 2009 Act

(1) The marine licences set out in Schedules 10, 12, and 14 (deemed marine licence under the 2009 Act) are deemed to have been granted to DBSEL under Part 4 (marine licensing) of the 2009 Act for the licensed activities specified in Part 1 of each licence and subject to the conditions specified in Part 2 of those Schedules.

(2) The marine licences set out in Schedules 11, 13, and 14A (deemed marine licence under the 2009 Act) are deemed to have been granted to DBSWL under Part 4 (marine licensing) of the 2009 Act for the licensed activities specified in Part 1 of each licence and subject to the conditions specified in Part 2 of those Schedules.

Section 36 Application of landlord and tenant law

(1) This article applies to—

(a) any agreement for leasing to any person the whole or any part of the authorised project or the right to operate the same; and

(b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised project, or any part of it;

so far as the agreement relates to the terms on which any land that is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

(3) Accordingly, no such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

(a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land that is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Section 37 Operational land for purposes of the 1990 Act

Development consent granted by this Order is treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as not being operational land) of the 1990 Act.

Section 38 Felling or lopping of trees and removal of hedgerows

(1) Subject to paragraph 2 and article 39 (trees subject to tree preservation orders) the undertaker may fell or lop, or cut back the roots of, any tree or shrub within or overhanging land within the Order limits or near any part of the authorised project if the undertaker reasonably believes it to be necessary to do so to prevent the tree or shrub from obstructing or interfering with the construction, maintenance or operation of the authorised project or any apparatus used in connection with the authorised project.

(2) In carrying out any activity authorised by paragraph (1), the undertaker must not do any unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(4) The undertaker may, for the purposes of the authorised project—

(a) subject to paragraph (2) above, remove any hedgerows as are within the Order Limits and specified in Part 1 of Schedule 17 (Removal of hedgerows) that may be required to be removed for the purposes of carrying out the authorised project; and

(b) remove the important hedgerows as are within the Order Limits and specified in Part 2 of Schedule 17 (Removal of important hedgerows) that may be required to be removed for the purposes of carrying out the authorised project.

(5) In this article “ hedgerow ” and “ important hedgerow ” have the same meaning as in the Hedgerows Regulations 1997 .

Section 39 Trees subject to tree preservation orders

(1) Subject to paragraph (2), the undertaker may fell or lop, or cut back the roots of any tree which is subject of a tree preservation order.

(2) The undertaker may fell or lop any tree within or overhanging land within the Order limits subject to a tree preservation order whensoever made or cut back its roots, if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with the construction, maintenance or operation of the authorised project or any apparatus used in connection with the authorised project or its decommissioning.

(3) In carrying out any activity authorised by paragraph (2)—

(a) the undertaker must not do any unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity; and

(b) the duty contained in section 206(1) (replacement of trees) of the 1990 Act does not apply.

(4) The authority given by paragraph (2) constitutes a deemed consent under the relevant tree preservation order.

(5) Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(6) In this article, “ tree preservation order ” has the same meaning as in section 198 (power to make tree preservation orders) of the 1990 Act.

Section 40 Saving provisions for Trinity House

Nothing in this Order prejudices or derogates from any of the rights, duties or privileges of Trinity House.

Section 41 Crown rights

(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular, nothing in this Order authorises the undertaker or any licensee or lessee to take, use, enter upon or in any manner interfere with any land or rights of any description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary)—

(a) belonging to His Majesty in right of the Crown and forming part of The Crown Estate without the consent in writing of the Crown Estate Commissioners;

(b) belonging to His Majesty in right of the Crown and not forming part of The Crown Estate without the consent in writing of the government department having the management of that land; or

(c) belonging to a government department or held in trust for His Majesty for the purposes of a government department without the consent in writing of that government department.

(2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in any Crown land (as defined in the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown.

(3) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions; and is deemed to have been given in writing where it is sent electronically.

Section 42 Certification of plans and documents, etc.

(1) The undertaker must, as soon as practicable after the making of this Order , submit to the Secretary of State copies of the documents listed in Schedule 19 (documents to be certified) for certification that they are true copies of the documents referred to in this Order.

(2) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Section 43 Abatement of works abandoned or decayed

(1) Where the DBS East Project offshore works or any part of them are abandoned or allowed to fall into decay the Secretary of State may, following consultation with DBSEL, by notice in writing require DBSEL at its own expense either to repair, make safe and restore one or any of those works, or any relevant part of them, or to remove them and, without prejudice to any notice served under section 105(2) (requirement to prepare decommissioning programmes) of the 2004 Act, restore the site to a safe and proper condition, to such an extent and within such limits as may be specified in the notice.

(2) Where the DBS West Project offshore works or any part of them are abandoned or allowed to fall into decay the Secretary of State may, following consultation with DBSWL, by notice in writing require DBSWL at its own expense either to repair, make safe and restore one or any of those works, or any relevant part of them, or to remove them and, without prejudice to any notice served under section 105(2) (requirement to prepare decommissioning programmes) of the 2004 Act, restore the site to a safe and proper condition, to such an extent and within such limits as may be specified in the notice.

Section 44 Funding

(1) Except where the provisions of paragraph (8) apply, DBSEL must not exercise the powers conferred by the provisions referred to in paragraph (3) in relation to any land unless a guarantee or alternative form of security in respect of the liabilities of DBSEL to pay compensation under this Order in respect of the exercise of the relevant power in relation to that land is in place.

(2) Except where the provisions of paragraph (9) apply, DBSWL must not exercise the powers conferred by the provisions referred to in paragraph (3) in relation to any land unless a guarantee or alternative form of security in respect of the liabilities of DBSWL to pay compensation under this Order in respect of the exercise of the relevant power in relation to that land is in place.

(3) The provisions are—

(a) article 20 (compulsory acquisition of land);

(b) article 22 (compulsory acquisition of rights);

(c) article 23 (private rights over land);

(d) article 26 (acquisition of subsoil or airspace only);

(e) article 29 (rights under or over streets);

(f) article 30 (temporary use of land for carrying out the authorised project);

(g) article 31 (temporary use of land for maintaining the authorised project);

(h) article 32 (statutory undertakers); and

(i) article 33 (recovery of costs of new connections).

(4) The form of guarantee or security referred to in paragraphs (1) and (2), and the amount guaranteed or secured, must be approved by the Secretary of State, but such approval must not be unreasonably withheld.

(5) The undertaker must provide the Secretary of State with such information as the Secretary of State may reasonably require relating to the interests in the land affected by the exercise of the powers referred to in paragraph (3) for the Secretary of State to be able to determine the adequacy of the proposed guarantee or security including—

(a) the interests affected; and

(b) the undertaker’s assessment, and the basis of the assessment, of the level of compensation.

(6) A guarantee or other security given in accordance with this article that guarantees or secures the undertaker’s payment of compensation in relation to the exercise of the powers referred to in paragraph (3) is to be treated as enforceable against the guarantor or provider of security by any person to whom such compensation is properly payable and must be in such a form as to be capable of enforcement by such a person.

(7) Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised.

(8) Nothing in this article requires a guarantee or alternative form of security to be put in place by DBSEL where—

(a) DBSEL provides the Secretary of State with financial information sufficient to demonstrate that it has appropriate funding in place without a guarantee or alternative form of security to meet any liability to pay compensation under this Order in respect of the exercise of the relevant powers in paragraph (1); and

(b) The Secretary of State provides written confirmation that no such guarantee is required, such written confirmation not to be unreasonably withheld.

(9) Nothing in this article requires a guarantee or alternative form of security to be put in place by DBSWL where—

(a) DBSWL provides the Secretary of State with financial information sufficient to demonstrate that it has appropriate funding in place without a guarantee or alternative form of security to meet any liability to pay compensation under this Order in respect of the exercise of the relevant powers in paragraph (2); and

(b) The Secretary of State provides written confirmation that no such guarantee is required, such written confirmation not to be unreasonably withheld.

Section 45 Protective provisions

Schedule 15 (protective provisions) has effect.

Section 46 Service of notices

(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

(a) by post;

(b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

(c) with the consent of the recipient and subject to paragraphs (6) to (8), by electronic transmission.

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address and otherwise—

(a) in the case of the secretary or clerk of that body corporate, the registered or principal office of that body; and

(b) in any other case, the last known address of that person at that time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having an interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to that person by the description of “owner”, or as the case may be “occupier” of the land (describing it); and

(b) either leaving it in the hands of the person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where—

(a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

(b) the notice or document is capable of being accessed by the recipient;

(c) the notice or document is legible in all material respects; and

(d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within seven days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of an electronic transmission by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than seven days after the date on which the notice is given.

(9) This article does not exclude the employment of any method of service not expressly provided for by it.

(10) In this article “ 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.

Section 47 Arbitration

(1) Subject to article 40 (saving provisions for Trinity House), any dispute or difference under any provision of this Order, unless otherwise provided for, must be referred to and settled by arbitration in accordance with the rules in Schedule 16 (Arbitration rules) by a single arbitrator to be agreed upon by the parties, within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on the application of either party (after giving notice in writing to the other) by the Secretary of State.

(2) For the avoidance of doubt, any matter for which the consent of the Secretary of State or the MMO is required under any provision of this Order is not subject to arbitration.

Section 48 Procedure in relation to certain approvals etc.

Part 2 of Schedule 2 has effect in relation to all agreements or approvals granted, refused or withheld in relation to the requirements in Part 1 of Schedule 2 (requirements).

Section 49 Compensation

Schedule 18 (compensation measures) has effect.

Section 50 No double recovery

Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law, or under two or more different provisions of this Order.