Article 22 FundingI1
England, Wales and Scotland
The undertaker must not begin to exercise the powers provided within Parts 3, 4, 5 and 6 of this Order in relation to any land unless it has first put in place either:
a guarantee in respect of the liabilities of the undertaker to pay compensation under this Order in respect of the exercise of the relevant power in relation to that land; or
an alternative form of security for that purpose which has been approved by the Secretary of State.
A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation under the Order is to be treated as enforceable against the guarantor by any person to whom such compensation is payable and must be in such form as to be capable of enforcement by such a person.
The guarantee or alternative form of security is to be in place for a maximum of 20 years from the date on which the relevant power is exercised.
Annotations
Commencement
- I1
Art. 22 in force at 19.8.2016, see art. 1