The North Killingholme (Generating Station) Order 2014

Interpretation

2.—(1) In this Part of this Schedule—

“alternative apparatus” means appropriate alternative apparatus to the satisfaction of the protected person in question to enable that protected person to fulfil its statutory functions in a manner no less efficient than previously;

“apparatus” means in respect of the various protected persons—

(a)

in the case of an electricity undertaker, electric lines or electrical plant as defined in the Electricity Act 1989(1), belonging to or maintained by that protected person;

(b)

in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;

“commence” has the same meaning as in article 2 but for the purposes of this Schedule any works whatsoever which are near to or may affect apparatus of the protected person shall be included within this definition and for the avoidance of doubt this includes works for the diversion or laying of services;

“functions” includes powers and duties;

“in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;

“maintain” and “maintenance”, in relation to any apparatus or alternative apparatus of the protected person, shall include the ability and right to construct, use, repair, alter, inspect, renew or remove the apparatus;

“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed;

“protected person” means National Grid Electricity Transmission plc and National Grid Gas plc (together National Grid); and

“removed” in a context referring to the removal of apparatus includes the disconnection and abandonment of apparatus (because it is no longer in service and in respect of gas apparatus it has been emptied of any gas) where the retention of decommissioned apparatus would not affect the construction and use of the scheduled works, and where apparatus is so retained the nominated undertaker will take on all future liabilities arising in relation to that apparatus.

(1)

1989 c.29. Section 64 of that Act was amended by s.108 of, and Part II of Schedule 6 to, the Utilities Act 2000 (c.27). there are other amendments to the Act which are not relevant for the purposes of this Order.