The Scarweather Sands Offshore Wind Farm Order 2004 No. 3054 (W. 263) xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART I PRELIMINARY
1.Citation and commencement
2.Interpretation
PART II WORKS
Principal powers
3.Power to construct and maintain works
4.Power to deviate
Streets
5.Power to execute street works
6.Temporary stopping up of streets
Supplemental powers
7.Power to survey and investigate land
Protection of navigation and air traffic and control of noise
8.Tidal works not to be executed without approval of the Secretary of State
9.Provision against danger to navigation
10.Abatement of works abandoned or decayed
11.Survey of tidal works
12.Permanent lights, navigational safety aids and colour
13.Lights on tidal works during construction
14.Active safety management system
15.Construction and operational noise
16.Execution by Secretary of State of works in default
17.Offences
PART III ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
18.Power to acquire land
19.Application of Part I of the Compulsory Purchase Act 1965
20.Power to acquire new rights
Temporary possession of land
21.Temporary use of land for construction of works
Compensation
22.Disregard of certain interests and improvements
23.Extinction or suspension of private rights of way
24.Time limit for exercise of powers of acquisition
PART IV MISCELLANEOUS AND GENERAL
25.Power to operate and use works
26.Dis-application of sections 36 and 37 of the Electricity Act 1989
27.Obstruction and misuse of authorised works
28.Safety zones for navigation, trawling and anchoring
29.Certain land to be treated as operational land
30.Statutory undertakers, etc.
31.For protection of Environment Agency
32.For protection of Network Rail
33.Compensation for fishermen
34.Certification of plans, etc.
35.Service of notices
36.No double recovery
37.Transfer of powers
38.Crown rights
39.Arbitration
Signature
SCHEDULES
SCHEDULE 1
THE SCHEDULED WORKS
1.The works which the undertaker is authorised to construct and...
2.In this Schedule, references to the locations of a wind...
SCHEDULE 2
STREETS TO BE TEMPORARILY STOPPED UP
SCHEDULE 3
MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
Compensation enactments
1.The enactments for the time being in force with respect...
2.(1) Without prejudice to the generality of paragraph 1, the...
3.Adaptation of the 1965 Act
4.For section 7 of the 1965 Act (measure of compensation),...
5.For section 8 of the 1965 Act (which relates to...
6.The following provisions of the 1965 Act (which state the...
7.Section 11 of the 1965 Act (powers of entry) is...
8.Section 20 of the 1965 Act (protection for interests of...
9.Section 22 of the 1965 Act (interests omitted from purchase)...
SCHEDULE 4
PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
Apparatus of statutory undertakers, etc. on land acquired
1.(1) Sections 271 to 274 of the 1990 Act (power...
2.The powers conferred by this Order do not extend to...
SCHEDULE 5
FOR PROTECTION OF ENVIRONMENT AGENCY
1.(1) For the protection of the Environment Agency (in this...
SCHEDULE 6
FOR PROTECTION OF NETWORK RAIL
Introductory
1.(1) The following provisions of this Schedule have effect unless...
Powers requiring Network Rail’s consent
2.(1) The undertaker must not, in the exercise of the...
Approval of plans
3.(1) The undertaker must, before commencing construction of any relevant...
Election by Network Rail to construct relevant work itself
4.(1) If Network Rail reasonably considers that any relevant work...
Protective works
5.(1) When signifying approval of the plans of any relevant...
Construction of relevant work
6.(1) Any relevant work must, when commenced, be constructed—
Access
7.The undertaker must— (a) at all times afford reasonable facilities...
8.Network Rail must— (a) at all times afford reasonable facilities...
Fencing
9.Where so required by the engineer the undertaker must, to...
Maintenance of relevant work
10.The undertaker must secure that any relevant work, other than...
Alterations, etc. to railway property: repayment of additional expenses
11.If— (a) any alterations or additions, either permanent or temporary,...
Repayment of Network Rail’s costs in connection with construction
12.The undertaker must pay to Network Rail a sum equivalent...
Additional costs of Network Rail in maintaining new works
13.(1) As soon as reasonably practicable following completion of the...
Additional costs of Network Rail in maintaining existing railway property
14.(1) Subject to sub-paragraph (2), the undertaker must pay to...
General indemnity
15.(1) The undertaker must pay to Network Rail a sum...
Compensation for train operators
16.(1) The sums payable by the undertaker under paragraph 15...
17.In the assessment of any sums payable under this Schedule,...
Saving for access agreements
18.(1) Where, under this Schedule, Network Rail is required to...
Explanatory Note