The Port Talbot Steelworks Generating Station Order 2015

Interpretation

2.  In this Part—

“acceptable insurance” means a public liability or third party liability insurance policy with a reputable insurer, available in the market on commercially reasonable terms having regard, amongst other matters, to premiums required and the policy terms obtainable, with a level of insurance cover to be agreed between the undertaker and DCC;

“accessories”—

(a)

has the same meaning as in section 219 of the Water Industry Act 1991(1); and

(b)

includes any feature or aspect of a design that is intended to receive or facilitate the receipt of rainwater or surface water and that is part of a structure designed to receive rainwater or surface water except a public sewer or a natural watercourse;

“clearance area” means the area of land—

(a)

within 3 metres either side of the centre line of a public sewer or public water main that is less than 300 millimetres in diameter;

(b)

within 6 metres either side of a public sewer or public water main that is 300 millimetres in diameter or more; and

(c)

within 10 metres either side of the centre line of a gravity sewer;

“DCC” means Dŵr Cymru Cyfyngedig(2) (company number 2366777) or its properly authorised agents or sub-contractors;

“DCC apparatus” means all apparatus or accessories vested in or belonging to DCC for the purpose of carrying on its statutory undertaking including reservoirs, water treatment works and waste water treatment works;

“draft specification” means a detailed plan, cross-section and description of the works to be prepared by the undertaker including, without limitation,—

(a)

a method statement and risk assessment setting out the intention in respect of the works, construction methods and programmes and the position of the affected DCC apparatus and intended works; and

(b)

a statement that, to the best of the undertaker’s knowledge, the undertaker having used all reasonable care and skill to plan the works, the works will not cause damage to DCC apparatus;

“functions” has the same meaning as in section 219 of the Water Industry Act 1991 and includes powers and duties;

“in”, in a context referring to DCC apparatus in land, includes a reference to DCC apparatus under, over or on land;

“works” means any works forming part of the authorised development in, on, over or under any land purchased, held, or used under this Order that are near to, or will or may in any way affect, any DCC apparatus together with all ancillary actions relating to the works.

(1)

The definition of “accessories” was amended by paragraph 110 of Schedule 17 to the Communications Act 2003.

(2)

The registered office of Dŵr Cymru Cyfyngedig is Pentwyn Road, Nelson, Treharris, Mid Glamorgan CF46 6LY.