The Sizewell C (Nuclear Generating Station) Order 2022

Modification and discharge of Deed of Obligation

11.—(1) An obligation in the Deed of Obligation may not be modified or discharged except—

(a) by agreement between the undertaker and the beneficiary of the obligation, executed as a deed; or

(b) further to a determination by the Secretary of State under this article.

(2) The undertaker may, at any time after the expiry of the period of five years beginning with the date on which the Deed of Obligation was first entered into, apply to the Secretary of State for the obligation—

(a) to have effect subject to such modifications as may be specified in the application; or

(b) to be discharged,

and must notify East Suffolk Council, Suffolk County Council and the Environment Agency as soon as any such application is made.

(3) An application under paragraph (2), for the modification of an obligation in the Deed of Obligation may not specify a modification imposing an obligation on any other person against whom the Deed of Obligation is enforceable.

(4) Where an application is made to the Secretary of State under paragraph (2), the Secretary of State must consult East Suffolk Council, Suffolk County Council and the Environment Agency and, taking into account their responses, may determine—

(a) that the obligation shall continue to have effect without modification;

(b) if the obligation no longer serves a useful purpose, that it shall be discharged; or

(c) if the obligation continues to serve a useful purpose, but would serve that purpose equally well if it had effect subject to the modifications specified in the application, that it shall have effect subject to those modifications,

and shall give notice of their determination to the applicant, East Suffolk Council, Suffolk County Council and the Environment Agency within three months of the application and provide full reasons for the decision.

(5) Where the Secretary of State determines under this article that an obligation shall have effect subject to modifications specified in the application, the obligation as modified shall be enforceable as if it had been entered into on the date on which notice of the determination was given to the applicant, East Suffolk Council, Suffolk County Council and the Environment Agency or such other date as the Secretary of State may determine.

(6) An application to the Secretary of State under paragraph (2) shall include the following information—

(a) the name and address of the undertaker;

(b) sufficient information to enable identification of the obligation which the undertaker wishes to have modified or discharged;

(c) the undertaker’s reasons for applying for the modification or discharge of that obligation; and

(d) such other information as the Secretary of State considers necessary to enable them to determine the application.

(7) When the Secretary of State receives an application for the modification or discharge of an obligation under paragraph (2) the undertaker shall arrange for the application to be publicised by—

(a) posting notice of the application on or near the land to which the obligation relates for not less than 21 days; or

(b) publishing notice of the application in a local newspaper circulating in the locality in which that land is situated and on the undertaker’s website.

(8) The notice referred to in paragraph (6) must include the name of the undertaker, details of the obligation that is proposed to be modified or discharged, an address or website where members of the public may inspect copies of the application, the address or email address to which any person who wishes to make a representations may write, and a date (no later than 21 days beginning on the date that the notice is posted or published) by which such representations should be made to the Secretary of State.

(9) Where it is proposed that East Suffolk Council, Suffolk County Council or the Environment Agency is not to be a party to any deed entered into under paragraph (1)(a), the body not proposed to be a party must be provided with the information set out in paragraphs (6)(a) to (c), and be given not less than 21 days to make representations.

(10) Section 84 of the Law of Property Act 1925 (power to discharge or modify restrictive covenants affecting land) does not apply to an obligation in the Deed of Obligation.

(11) In this article “undertaker” means the undertaker authorised to construct or operate the main platform works, being the undertaker bound by the Deed of Obligation.