The Viking CCS Carbon Dioxide Pipeline (Correction) Order 2025
The Viking CCS Carbon Dioxide Pipeline (Correction) Order 2025 amends the original 2025 order to fix errors.
The Secretary of State received a written request for these corrections, which were made in accordance with the Planning Act 2008.
Specific corrections involve substituting, inserting, or omitting text in various parts of the original order, including articles and schedules specifying work details, environmental impact considerations and legal processes.
Arguments For
Ensuring Accuracy of Development Consent: Correcting errors in the original order ensures the accuracy and legal validity of the Viking CCS Pipeline project, preventing future legal challenges and operational issues.
Adherence to Legal Process: The correction process adheres to the procedures outlined in Schedule 4 of the Planning Act 2008, providing a transparent and legally sound mechanism for rectifying errors.
Preventing Delays and Increased Costs: Correcting errors early in the project lifespan helps prevent potential delays and cost overruns that could result from legal ambiguity or discrepancies in the original order.
Maintaining Public Confidence: Demonstrating a willingness to correct errors in the original order helps maintain public confidence in the integrity of the regulatory process for large-scale infrastructure projects.
Arguments Against
Potential for Further Errors: The need for a correction order suggests potential weaknesses in the initial drafting or review process and highlights the risk of further, undetected errors.
Resource Allocation: The time and resources required to identify, assess, and correct errors are diverted from other aspects of the project development.
Delays in Project Implementation: Despite the aim of preventing delays, the correction process itself may inherently introduce some additional time lag in achieving project timelines.
Uncertainty Regarding the Full Impact of Errors: The full extent of the implications of the original errors may not be fully known until after the corrections are made, leaving a degree of uncertainty regarding the overall project.
The original Viking CCS Pipeline Order, made under the 2008 Planning Act, contained errors that can be legally corrected.
These errors fall under the definition of 'correctable errors' specified in Schedule 4 of the Act.
In accordance with paragraph 1(5)(a) of Schedule 4 to the Act, before the end of the relevant period as defined in paragraph 1(6)(a) of Schedule 4 to the Act, the Secretary of State received a written request from the applicant3 for the correction of errors and omissions in the Viking CCS Pipeline Order.
Before the deadline stipulated in the Planning Act 2008, the Secretary of State received a formal request from the project applicant to amend errors and omissions in the initial order.
In accordance with paragraph 1(7) of Schedule 4 to the Act, the Secretary of State has informed each relevant local planning authority for the area in which the land to which the Viking CCS Pipeline Order relates is situated that the request has been received.
As required by law, the Secretary of State notified all the relevant local planning authorities about receiving the correction request.
The Secretary of State in exercise of the powers conferred by paragraphs 1(4) and (8) of Schedule 4 to, the Act, makes the following Order:
Using the legal powers provided by the Planning Act 2008, the Secretary of State creates this correction order.
This Order may be cited as the Viking CCS Carbon Dioxide Pipeline (Correction) Order 2025 and comes into force on 20th August 2025.
This order's official name is the Viking CCS Carbon Dioxide Pipeline (Correction) Order 2025 and becomes effective on August 20, 2025.
The Viking CCS Carbon Dioxide Pipeline Order 2025 is corrected as set out in the table in the Schedule to this Order, where—
(a)
column 1 sets out where the correction is to be made;
(b)
column 2 sets out how the correction is to be made;
(c)
column 3 sets out the text to be substituted, inserted, or omitted.
The attached schedule details the corrections made to the original 2025 order.
The schedule uses three columns: where the correction is needed, what type of correction is being made (substitution, insertion, or omission), and the corrected text.
Signed by authority of the Secretary of State for Energy Security and Net Zero
John Wheadon
Head of Energy Infrastructure Planning Delivery
Department for Energy Security and Net Zero
19th August 2025
This section provides the signature and authorization details of the order, confirming the approval by the relevant authority and the date of signing.
SCHEDULE
Article 2
(1) Where the correction is to be made
(2) How the correction is to be made
(3) Text to be substituted, inserted, or omitted
Part 1, Article 48, paragraph 1
In paragraph 1 for “is” substitute
“is to be”
Schedule 1, Part 1, Work No.48c
For “accesses” substitute
“access”
Schedule 2, Part 2, paragraph 23(2)
Before “in the event” insert
“Subject to sub-paragraph (4)”
Schedule 2, Part 2, paragraph 23(4)
For sub-paragraph (4) substitute
**(4)
Where an application has been made to a discharging authority for any consent, agreement or approval under a requirement and the relevant discharging authority does not determine the application within the period set out in sub-paragraph (1) and—
(a)
such application is accompanied by a statement pursuant to sub-paragraph (3)(a) which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects compared to those in the environmental statement; or
(b)
the application is not accompanied by a statement pursuant to sub-paragraph (3)(a) but the discharging authority has determined during the period set out in sub-paragraph (1) that the subject matter of the application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement,
then the application is to be taken to have been refused by the discharging authority at the end of that period.”**
Schedule 9, Part 4, paragraph 34(1)
For “article 8 (street works), 9 (power to alter layout, etc. of streets), 10 (construction and maintenance of altered streets) or 11 (temporary stopping up of public rights of way)” substitute
“article 9 (street works), article 10 (power to alter layout, etc. of streets) or 12 (temporary restriction of public rights of way)”
Schedule 9, Part 4 paragraph 34(2)
For “article 11 (temporary stopping up of public rights of way)” substitute
“article 12 (temporary restriction of public rights of way)”
Schedule 9, Part 5, paragraph 48, in the definition of “undertaker”
For “article 2” substitute
“article 2 (interpretation)”
Schedule 9, Part 6, paragraph 64, in the definition of “specified work”
For “article 15 (maintenance of authorised development)” substitute
“article 5 (power to maintain the authorised development)”
Schedule 9, Part 8, paragraph 98, in the definition of “plan”
For “within the Order Limits” substitute
“within the Order limits;”
Schedule 9, Part 9, paragraph 117(2)(l)
For “article 24 (compulsory acquisition of rights)” substitute
“article 24 (compulsory acquisition of rights and restrictive covenants)”
Schedule 9, Part 10, paragraph 134(5)
For “article 48” substitute
“article 48 (arbitration)”
Schedule 9, Part 11, paragraph 147(2)
For “paragraph 6(1)” substitute
“paragraph 160(2)”
Schedule 9, Part 12, paragraph 163, in the definition of “commence”
For “article 2” substitute
“article 2 (interpretation)”
Schedule 9, Part 12, paragraph 164(1)(c)
For “or out in place” substitute
“or put in place”
Schedule 9, Part 13, paragraph 194(5)(a)
For “submission” substitute
“submissions”
Schedule 9, Part 14, paragraph 197, in the definition of “Uniper”
For “2796628” substitute
“02796628”
This schedule lists the specific textual corrections made to various parts of the original Viking CCS Carbon Dioxide Pipeline Order 2025.
Each row specifies the location of the error, the correction type, and the corrected text.
These corrections appear to address several clauses in the original order that relate to several aspects of the project, including article numbers, work identification, environmental impact assessment, processes related to approvals, and other aspects of project implementation.
This Order corrects correctable errors in the Viking CCS Carbon Dioxide Pipeline Order 2025 (S.I. 2025/509), a development consent order made under the Planning Act 2008 (c. 29), following a written request made under paragraph 1(5)(a) of Schedule 4 to that Act.
The explanatory note summarizes the order's purpose: to correct errors in the original Viking CCS Pipeline Order (S.I. 2025/509) made under the Planning Act 2008, in response to a written request.