The Associated British Ports (Immingham Green Energy Terminal) Order 2025

Benefit of Order

46.—(1) Subject to the remaining paragraphs of this article—

(a) the provisions of this Order conferring a power only on the Company, the dock master or the statutory harbour authority have effect solely for the benefit of (as applicable) the Company, the dock master or the statutory harbour authority; and

(b) the other provisions of this Order have effect solely for the benefit of the undertaker.

(2) Paragraph (1)(b) does not apply to the following provisions, of which the Company has the sole benefit—

(a) article 22 (compulsory acquisition of land);

(b) article 24 (compulsory acquisition of rights);

(c) article 25 (acquisition of subsoil or airspace only);

(d) articles 33(1)(a) and (b) (statutory undertakers); and

(e) article 35 (acquisition of part of certain properties),

unless the Secretary of State consents to the transfer of the benefit of those provisions.

(3) Paragraph (1)(b) does not apply to the following provisions, of which the Company and, to the extent specified in paragraph (4), Air Products have the benefit—

(a) article 19 (authority to survey and investigate the land);

(b) article 20 (protective works);

(c) article 0 (temporary use of land for constructing the authorised project); and

(d) article 32 (temporary use of land for maintaining the authorised project),

unless the Secretary of State consents to the transfer of the benefit of those provisions.

(4) Air Products has the benefit of the provisions to which paragraph (3) refers solely so far as they relate to the land shown as plots 3/2, 4/5, 4/7, 4/8, 4/9, 4/16, 4/17, 4/18, 4/19, 4/20, 4/21, 4/22, 4/23, 4/26, 4/28, 4/29, 4/30, 4/32, 5/3, 5/4, 5/7, 5/8, 5/10, 5/11, 5/12, 5/13, 5/14, 5/15, 5/18, 5/20, 5/22, 5/23, 5/24, 5/25, 5/27, 5/28, 5/29, 5/30, 5/32, 5/33, 5/36, 5/37, 5/38, 5/39, 5/45, 6/6, 6/14, 6/15, 6/16, 6/18, 6/19, 7/1, 7/2, 7/3, 7/4, 7/5, 7/6, 7/7, 7/8, 7/9, 7/10, 7/11, 7/12, 7/15, 7/16, 7/17, 7/18, 7/20, 7/21, 7/22 and 7/23 on the land plans and described in the book of reference and (where applicable on the terms of those provisions) land outside the Order limits except (in each aforementioned case) in respect of any interests of the Company.

(5) Paragraph (1)(b) does not apply to article 26(8) (private rights) or article 27(7) (power to override easements and other rights) insofar as only the Company has the benefit of the powers conferred on the undertaker to give the notices or make the agreements to which those articles refer, unless the Secretary of State consents to the transfer of the benefit of those powers.

(6) Paragraph (1) does not apply to article 55(2) (planning legislation) insofar as only the Company has the benefit of the power conferred on the undertaker to serve a notice to which that article refers, unless the Secretary of State consents to the transfer of the benefit of that power.

(7) Paragraph (8) applies in any case where the benefit of a provision of this Order is required by a statutory undertaker for the purpose of—

(a) the installation, connection, removal or alteration of the position of services and apparatus including overhead cables and lines and above ground or below ground pipes, pipelines, sewers, watercourses, drains and cables and other conducting media and any pipe sleeves, ducts and culverts in which any apparatus is lodged (in each aforementioned case) comprised in Schedule 1 (authorised project); or

(b) diverting, replacing or protecting apparatus of that statutory undertaker.

(8) Where the undertaker has the benefit of a provision to which paragraph (7) refers, it may—

(a) transfer to a statutory undertaker to which paragraph (7) refers any or all of the benefit of the provision and such related statutory rights as may be agreed between the undertaker and the statutory undertaker;

(b) grant to such a statutory undertaker to which paragraph (7) refers, for a period agreed between the undertaker and the statutory undertaker any or all of the benefit of the provision and such related statutory rights as may be so agreed between the undertaker and the statutory undertaker.

(9) The consent of the Secretary of State is required for the purposes of paragraph (8) where the provision to be transferred or granted to the paragraph (7) statutory undertaker is listed in paragraph (11) except where the transfer or grant is to—

(a) a licence holder within the meaning of Part 1 of the Electricity Act 1989;

(b) a gas transporter within the meaning of Part 1 of the Gas Act 1986;

(c) a water undertaker or sewerage undertaker for the purposes of the Water Act 1989; or

(d) the operator of an electronic communications code network.

(10) Where the Company has with the benefit of any provision of this Order it may pursuant to this paragraph—

(a) transfer to Air Products any or all of the benefit of the provision (excluding the deemed marine licence) and such related statutory rights as may be agreed between the undertaker and that person; and

(b) grant to Air Products for a period agreed between the undertaker and that person any or all of the benefit of the provision (excluding the deemed marine licence) and such related statutory rights as may be so agreed between the undertaker and that person,

except this paragraph does not apply to any provision listed in paragraph (11).

(11) The provisions to which paragraphs (9) and (10) refer are—

(a) article 19 (authority to survey and investigate the land);

(b) article 20 (protective works);

(c) article 22 (compulsory acquisition of land);

(d) article 24 (compulsory acquisition of rights);

(e) article 25 (acquisition of subsoil or airspace only);

(f) article 31 (temporary use of land for constructing the authorised project);

(g) article 32 (temporary use of land for maintaining the authorised project);

(h) articles 33(1)(a) and (b) (statutory undertakers); and

(i) article 35 (acquisition of part of certain properties).

(12) Where the undertaker has the benefit of any provision of the deemed marine licence it may, with the consent of the Secretary of State—

(a) transfer to any person any or all of the benefit of the provision and such related statutory rights as may be agreed between the undertaker and that person;

(b) grant to any person for a period agreed between the undertaker and that person any or all of the benefit of the provision and such related statutory rights as may be so agreed between the undertaker and that person,

but the Secretary of State must consult the MMO before giving such consent to the transfer or grant to another person of the benefit of the provision and such related statutory rights.

(13) Any transfer or grant under paragraph (12) does not take effect until the undertaker has given notice to the MMO stating—

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

(b) the date on which the transfer or grant will take effect (which must be at least 28 days after the date on which the notice is given); and

(c) the provision to be transferred or granted,

and providing a copy of the consent given by the Secretary of State to the transfer or grant and a copy of the transfer or grant itself; and the MMO may update its records in respect of the deemed marine licence accordingly.

(14) Section 72(7) and (8) (variation, suspension, revocation and transfer) of the 2009 Act do not apply to a transfer or grant of the benefit of any provision of the deemed marine licence pursuant to paragraph (12).

(15) Paragraph (12) does not prevent an application to the MMO pursuant to section 72(7) of the 2009 Act to transfer the deemed marine licence to another person and vary it accordingly.

(16) Where a transfer or grant has been made in accordance with this article references in this Order to the undertaker, except in paragraph (17), include references to the person to whom the benefit of provisions of this Order have been transferred or granted to the extent that the person has the benefit of such provisions and paragraph (17) applies to that person.

(17) Where the undertaker has transferred any benefit (“transferor”), or for the duration of any period during which the undertaker has granted any benefit (“grantor”), under this article the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant, is subject to the same restrictions, liabilities and obligations under this Order as would apply if those benefits or rights were exercised by the transferor or grantor.

(18) Where a transfer or grant has been made in accordance with this article—

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

(b) the transferred benefit resides exclusively with the person to whom the benefit has been transferred or, as the case may be, granted and the transferred benefit will not be enforceable against the undertaker.

(19) Paragraph (1)(b) does not apply to the works for which consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers, operators of the electronic communications code network and other persons affected by the authorised project.

(20) Where both the Company and Air Products have the benefit in relation to the same land of—

(a) article 19 (authority to survey and investigate the land);

(b) article 20 (protective works);

(c) article 0 (temporary use of land for constructing the authorised project); or

(d) article 32 (temporary use of land for maintaining the authorised project),

each may exercise the powers conferred by the article in question on its terms at the same time on such terms as they may agree with each other in writing; and the exercise of such a power by one on its terms does not prevent subsequent exercise of it on its terms by the other.

(21) No person may be—

(a) held liable in any manner for breaching or otherwise failing to comply with a term of this Order except where they are the person who (as applicable) has carried out, or caused to be carried out, that part of the authorised project to which the breach or failure relates or has exercised, or caused to be exercised, the provision of this Order to which the breach or failure relates; or

(b) required to comply with a term of this Order except where they are the person who (as applicable) has carried out, or caused to be carried out, that part of the authorised project to which the term relates or has exercised, or caused to be exercised, the provision of this Order to which the term relates.