Article 11 Guarantees in respect of payment of compensationI1

England and Wales

(1)

The undertaker must not begin to exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any Order land unless it has first put in place either—

(a)

a guarantee, the form and the amount of that guarantee approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2); or

(b)

an alternative form of security, the form and amount of that security approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2).

(2)

The provisions are—

(a)

article 28 (compulsory acquisition of land);

(b)

article 30 (compulsory acquisition of rights);

(c)

article 32 (private rights);

(d)

article 37 (temporary use of land for carrying out the authorised development);

(e)

article 38 (temporary use of land for maintaining the authorised development); and

(f)

article 39 (statutory undertakers).

(3)

A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person.

(4)

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

Annotations

Commencement

I1: Art. 11 in force at 27.11.2025, see art. 1