Paragraph 11 F1

(1)

Where an application for a property scheme has been made, the applicant and the non-applicant party may, by a notice served by them jointly on the Authority—

(a)

restrict the property, rights and liabilities in relation to which provision of a kind mentioned in paragraph 1(2) is proposed, or

(b)

withdraw the application.

(2)

Where a notice is served under sub-paragraph (1) the Authority must serve a copy of the notice on any person served with a notice in relation to the application under paragraph 7(1) or 9(8).

(3)

A notice may be served under sub-paragraph (1) at any time before a property scheme is made in response to the application.

(4)

If, at any time, a notice specifying the preferred bidder, in relation to a tender exercise, is withdrawn under paragraph 35, any application for a property scheme previously made, in relation to that exercise, by the preferred bidder or by the asset owner (unless previously withdrawn under sub-paragraph (1)) is treated as withdrawn at that time.

(5)

Where an application is withdrawn by virtue of sub-paragraph (4), the Authority must serve notice to that effect on—

(a)

the asset owner, and

(b)

any person served with a notice in relation to the application under paragraph 7(1) or 9(8).

(6)

If a notice is served under sub-paragraph (1) or an application is withdrawn by virtue of sub-paragraph (4), the Authority may direct the applicant or the non-applicant party (or both) to make a payment to a person within sub-paragraph (7) in respect of the costs incurred by such a person in connection with the application.

(7)

Those persons are—

(a)

the Authority;

(b)

any third party affected by a provision of the proposed property scheme.

(8)

A determination under sub-paragraph (6) must be made on the basis of what is just in all the circumstances of the case.

(9)

The Authority must serve notice of a direction given under sub-paragraph (6) on—

(a)

the applicant (if not the recipient of the direction),

(b)

the non-applicant party (if not the recipient of the direction), and

(c)

any person served with a notice in relation to the application under paragraph 7(1) or 9(8).

(10)

Any sums received by the Authority under sub-paragraph (6) are to be paid into the Consolidated Fund.

Annotations

Textual amendments

F1: Sch. 2A inserted (20.5.2009) by Energy Act 2008 (c. 32), ss. 44(4), 110(2), Sch. 2; S.I. 2009/1270, art. 2