“public utility undertaker” has the same meaning as in the 1980 Act.
PART 6 Operations
Operation of generating station 28.—(1) The undertaker is hereby authorised to operate the generating station comprised in the
authorised development. (2) This article does not relieve the undertaker of any requirement to obtain any permit or
licence under any other legislation that may be required from time to time to authorise the operation of an electricity generating station.
Deemed marine licences under the Marine and Coastal Access Act 2009 29. The undertaker is granted the deemed licences under Part 4 Chapter 1 of the 2009 Act to
carry out the works and make the deposits specified in Part 1 of Schedule 10 (deemed licence under the Marine and Coastal Access Act 2009 – generation assets) and Part 1 of Schedule 11 (deemed licence under the Marine and Coastal Access Act 2009 – transmission assets), both subject to the conditions set out in Part 2 of those Schedules.
PART 7 Miscellaneous and general Application of landlord and tenant law
30.—(1) This article applies to— (a) any agreement for leasing to any person the whole or any part of the authorised project or the right to operate the same; and
(b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised project, or any part of it, so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.
(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants
shall prejudice the operation of any agreement to which this article applies. (3) Accordingly, no such enactment or rule of law shall apply in relation to the rights and
obligations of the parties to any lease granted by or under any such agreement so as to—
(a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;
(b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or
(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease).
Operational land for purposes of the 1990 Act 31. Development consent granted by this Order shall be treated as specific planning permission
for the purposes of section 264(3)(a) of the 1990 Act (cases in which land is to be treated as operational land for the purposes of that Act).
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