OpenLegislation

Paragraph 9

(1)

F1The applicantshall at the time of making F2his applicationinform the Minister of the extent to which F3he has been, or expectsto be, able to acquire by negotiation the land and rights which he mustpossess in order to develop and operate the underground gas storage.

(2)

If the Minister, after consultation with the applicant, is satisfied that a compulsory purchase order will be required to put the applicantin possession of any such land or right he may, if he thinks fit, give notice to the applicantthat he will not proceed with the application until the applicantF4hasmade such a compulsory purchase order and hasapplied to the Minister for the confirmation of the order, and that he will then proceed concurrently with respect to the application under this Schedule and with respect to the application for confirmation of the compulsory purchase order.

(3)

Where the Minister gives notice to the applicantunder the last foregoing sub-paragraph, he shall give a like notice to every person on whom a notice was served under paragraph 7(3) of this Schedule and who has duly made an objection to the application which has not been withdrawn.

(4)

Where the Minister has given notice to the applicantunder sub-paragraph (2) of this pargraph he shall not (unless he otherwise determines) be required to proceed with the application under this Schedule except in accordance with the notice and the Minister may at any stage decline to proceed with the application if the compulsory purchase order is withdrawn or cannot be proceeded with.

Annotations

Textual amendments

F1

Words substituted by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(26)(a), Sch. 8 para. 33

F2

Words substituted by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(26)(c), Sch. 8 para. 33

F3

Words substituted by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(26)(f), Sch. 8 para. 33

F4

Word substituted by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(26)(g), Sch. 8 para. 33