Article 7 Benefit of OrderI1

England, Wales and Scotland

(1)

Subject to paragraphs (2) to (4), and paragraph (5) of article 22 (compulsory acquisition of rights)—

(a)

the following provisions have effect for the benefit of Network Rail and National Grid—

(i)

the development consent granted by article 4(1)(b) (development consent etc. granted by the Order); and

(ii)

subject to sub-paragraph (b), any other provisions of this Order in so far as they are applicable to, or are exercisable for the purpose of, or in connection with, the carrying out or maintenance of Work Nos. 17, 18, 19A and 19B and of any associated development in connection with those works,

and references in any of those provisions to Network Rail, where applicable, with respect to those works, are to be construed as referring also to National Grid;

(b)

the following provisions have effect for the benefit of National Grid only—

(i)

article 22(3) and Part 2 of Schedule 7 (land in which only new rights etc. may be acquired); and

(ii)

article 29 (temporary use of land by National Grid) and Part 2 of Schedule 9 (land of which temporary possession may be taken); and

(c)

the remainder of the provisions of this Order have effect for the benefit of Network Rail only.

(2)

Paragraph (1) does not apply to the benefit of the consent granted by this Order for works for the benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.

(3)

National Grid may not exercise the powers referred to in sub-paragraphs (1)(a) or (1)(b) without the written consent of, and upon such terms as may be agreed by, Network Rail.

(4)

The exercise by National Grid of any benefits or rights conferred on it by this Order is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by Network Rail.

Annotations

Commencement

I1: Art. 7 in force at 21.4.2014, see art. 1