Killingholme Generating Stations (Ancillary Powers) Act 1991

Part I Preliminary

1 Short title

This Act may be cited as the Killingholme Generating Stations (Ancillary Powers) Act 1991.

2 Incorporation of Acts

(1) Section 16 of the [1845 c. 20.] Railways Clauses Consolidation Act 1845, and the provisions of that Act with respect to the temporary occupation of lands near the railway during the construction thereof are hereby incorporated with this Act and, as so incorporated, shall have effect as if—

(a) for the words “the period by the special Act limited for the completion of the railway” there were substituted the words “the period of eight years from the commencement of the construction of any of the works authorised by the special Act”;

(b) the expression“the company” meant National Power and PowerGen or either of them; and

(c) the expression“the railway” meant the National Power works or the PowerGen works, as the case may be, and“the centre of the railway” meant the centre of any such works respectively.

(2) (a) Part I of the Act of 1965 (except sections 4 and 27 and paragraph 3 (3) of Schedule 3 thereto), in so far as it is applicable for the purposes of this Act and is not inconsistent with the provisions thereof, shall apply to the compulsory acquisition of land under this Act as it applies to a compulsory purchase to which Part II of the [1981 c. 67.] Acquisition of Land Act 1981 applies and as if this Act were a compulsory purchase order under the said Act of 1981.

(b) In subsection (1) of section 11 of the Act of 1965, as so applied, for the words “fourteen days” there shall be substituted the words “three months'”.

(c) The [1845 c. 18.] Lands Clauses Consolidation Act 1845, shall not apply to the acquisition of land under this Act.

3 Interpretation

(1) In this Act, unless the subject or context otherwise requires—

• “A.B. Ports” means Associated British Ports;

• “the Act of 1965” means the [1965 c. 56.] Compulsory Purchase Act 1965;

• “the appropriate company” means—

  (a)

  in relation to the National Power works and in relation to any land in respect of which powers for compulsory acquisition are conferred upon National Power by this Act, National Power;

  (b)

  in relation to the PowerGen works and in relation to any land in respect of which powers for compulsory acquisition are conferred upon PowerGen by this Act, PowerGen;

• “land” includes any interest in or right over land and land covered with water;

• “the level of high water” means the level of mean high-water springs;

• “the limits of deviation” means the limits of deviation shown on the deposited plans;

• “National Power” means National Power PLC;

• “the National Power generating station” means such generating station as may be constructed by National Power in the parish;

• “the National Power works” means Works Nos. 1 to 6 and any works, apparatus or conveniences constructed or provided by National Power as part of, or in connection with, or for the purposes of, those works or any of them;

• “the parish” means the parish of North Killingholme in the borough of Glanford in the county of Humberside;

• “PowerGen” means PowerGen plc;

• “the PowerGen generating station” means such generating station as may be constructed by PowerGen in the parish;

• “the PowerGen works” means Works Nos. 7 to 12 and any works, apparatus or conveniences constructed or provided by PowerGen as part of, or in connection with, or for the purposes of, those works or any of them;

• “the river” means the river Humber;

• “the rivers authority” means the National Rivers Authority;

• “tidal work” means so much of any work authorised by this Act as is on, under or over tidal waters or tidal lands below the level of high water;

• “the tribunal” means the Lands Tribunal;

• “the works” means the works authorised by this Act and includes those works as renewed, diverted or altered under section 7 (Alteration and improvement of works) of this Act and the works authorised by section 6 (Power to make subsidiary works) of this Act and“work” shall be construed accordingly.

(2) All areas, distances, lengths and directions stated in any description of works, powers or lands in this Act shall be construed as if the words “or thereabouts” were inserted after each such area, distance, length or direction.

(3) Any reference in this Act to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Act.

(4) References in this Act to reference points shall be construed as references to National Grid reference points.