{
  "url": "https://openlegislation.uk/outer-dowsing-offshore-wind-farm-order-2026/schedule-18/paragraph-100",
  "json_url": "https://openlegislation.uk/outer-dowsing-offshore-wind-farm-order-2026/schedule-18/paragraph-100.json",
  "legislation": "uksi/2026/138",
  "legislation_title": "The Outer Dowsing Offshore Wind Farm Order 2026",
  "legislation_url": "https://openlegislation.uk/outer-dowsing-offshore-wind-farm-order-2026",
  "path": "schedule/18/paragraph/100",
  "kind": "paragraph",
  "number": "100",
  "heading": "Acquisition of land",
  "text": "(1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker may not may not appropriate or acquire any interest in land owned by Cadent or appropriate, acquire, extinguish, interfere with or override any easement or other interest in land of Cadent otherwise than by agreement with Cadent.\n(2) As a condition of agreement between the parties in sub-paragraph (1), prior to the carrying out or maintenance of any part of the authorised works (or in such other timeframe as may be agreed between Cadent and the undertaker) that are subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement and/or other legal or land interest of Cadent and/or affects the provisions of any enactment or agreement regulating the relations between Cadent and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as Cadent reasonably requires enter into such deeds of consent and variations upon such terms and conditions as may be agreed between Cadent and the undertaker acting reasonably and which must be no less favourable on the whole to Cadent unless otherwise agreed by Cadent, and it will be the responsibility of the undertaker to procure and/or secure the consent to and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised works.\n(3) Where—\n(a) Cadent has provided its written approval of the specified works under paragraph 8;\n(b) approval of the specified works is determined to have been given by Cadent under paragraph 14; or\n(c) approval of the authorised works is not required under paragraph 8,\nupon request by the undertaker, Cadent must take such reasonable action as is necessary in order to confirm Cadent’s approval or consent pursuant to any lease, licence, easement, deed, notice or other property document, including the written communication of Cadent’s consent to the relevant works to any third party as may be required under the terms of any easement or other interest in land of Cadent affecting the relevant works.\n(4) Save where otherwise agreed in writing between Cadent and the undertaker, the undertaker and Cadent agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation or removal of apparatus, including but not limited to the payment of costs and expenses relating to such relocation and/or removal of apparatus and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by Cadent and other enactments relied upon by Cadent as of right or other use in relation to the apparatus, then the provisions in this Schedule will prevail.\n(5) Any agreement or consent granted by Cadent under paragraph 7 or any other paragraph of this Part of this Schedule, will be taken to constitute agreement under sub-paragraph (1).\n(6) As a condition of an agreement under sub-paragraph (1) that involves de-commissioned apparatus being left in situ the undertaker must accept a surrender of any existing easement and/or other interest of Cadent in such decommissioned apparatus and consequently acquire title to such decommissioned apparatus and release Cadent from all liabilities in respect of such de-commissioned apparatus from the date of such surrender.\n(7) Where an undertaker acquires the freehold of any land which is subject to any easement or other interest in land held by Cadent which is registrable and the provisions of paragraph 6 do not apply, the undertaker must, unless Cadent agrees otherwise—\n(a) retain any notice of Cadent’s easement, right or other interest on the title to the relevant land when registering the undertaker’s title to such acquired land; and\n(b) (where no such notice of Cadent’s easement, right or other interest exists in relation to such acquired land or any such notice is registered only on the Land Charges Register) include (with its application to register title to the undertaker’s interest in such acquired land at the Land Registry) a notice of Cadent’s easement, right or other interest in relation to such acquired land.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/138/schedule/18/paragraph/100",
    "retrieved_at": "2026-10-28T21:06:07.056087+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}