The West Midlands Rail Freight Interchange Order 2020

Guarantees in respect of payment of compensation

23.—(1) The undertaker must not exercise a power conferred by articles 24 (compulsory acquisition of land) to 27 (power to override easements and other rights) or 32 (statutory undertakers and operators of the electronic communications code network) to 35 (temporary use of land for maintaining the authorised development) unless a guarantee or alternative form of security in respect of the liabilities of the undertakers to pay compensation under the power being exercised is first in place.

(2) The form of guarantee or security referred to in paragraph (1), and the amount guaranteed or secured, must be approved by the local planning authority; but such approval must not be unreasonably withheld.

(3) The undertaker must provide the local planning authority with such information as the local planning authority may reasonably require relating to the interests in the land affected by the exercise of the powers conferred by articles 24 to 27 or 32 to 35 for the local planning authority to be able to determine the adequacy of the proposed guarantee or security including—

(a) the interests affected; and

(b) the undertaker’s assessment, and the basis of the assessment, of the level of compensation.

(4) A guarantee or other security given in accordance with this article that guarantees or secures the undertaker’s payment of compensation under this Part shall be treated as enforceable against the guarantor or provider of security by any person to whom such compensation is properly payable.

(5) Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years from the date on which the relevant power is exercised.