The Northampton Gateway Rail Freight Interchange Order 2019

Guarantees in respect of payment of compensation E+W+S

23.—(1) The undertaker must not exercise a power conferred by articles 24 to 27 or [F1 32] to 35 unless a guarantee or alternative form of security in respect of the liabilities of the undertaker 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 relevant planning authority; but such approval must not be unreasonably withheld or delayed.

(3) The undertaker must provide the relevant planning authority with such information as the relevant 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 relevant 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 is 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.

Textual Amendments

F1 Word in art. 23(1) substituted (7.10.2020) by The Northampton Gateway Rail Freight Interchange (Correction) Order 2020 (S.I. 2020/1670), arts. 1, 2(2)

Commencement Information

I1 Art. 23 in force at 30.10.2019, see art. 1