Paragraph 133 Written Agreement of HPUTI1

England and Wales

(1)

Subject to sub-paragraph (2), the undertaker must not exercise any powers pursuant to this Order or the powers conferred by section 11(3) (powers of entry) of the 1965 Act, and such powers have no effect, in respect of HPUT’s interests in the Campus, the interests of any person deriving title from HPUT in relation to the Campus and any other tenants or occupiers of the Campus or those interests which benefit any of the aforementioned interests, including all rights, wayleaves and easements enjoyed by HPUT, or any person deriving title from it, in relation to the Campus including pursuant to any of—

(a)

article 12 (access to works);

(b)

article 14 (discharge of water);

(c)

article 16 (authority to survey and investigate the land);

(d)

article 17 (compulsory acquisition of land);

(e)

article 19 (compulsory acquisition of rights);

(f)

article 20 (private rights);

(g)

article 23 (power to override easements and other rights);

(h)

article 25 (rights under and over streets);

(i)

article 26 (temporary use of land for constructing the authorised development);

(j)

article 27 (temporary use of land for maintaining the authorised development); or

(k)

article 35 (felling or lopping trees and removal of hedgerows),

unless the exercise of such powers is in accordance with the written agreement of HPUT.

(2)

The undertaker must not exercise any powers pursuant to this Order or the powers conferred by section 11(3) (powers of entry)of the 1965 Act to which sub-paragraph (1) refers, and such powers have no effect—

(a)

in respect of any part of the Campus (which for the avoidance of doubt includes the Campus access road) except, on the terms of this Part of this Schedule, the Campus works area;

(b)

so far as they affect any rights of which HPUT, or any person deriving title from HPUT in relation to the Campus, has the benefit pursuant to the transfer dated 7 March 1994 made between Horseracing Forensic Laboratory Limited, Frances Delia Sidebottom and Harry Sidebottom unless otherwise with the written agreement of HPUT.

Annotations

Commencement

I1: Sch. 12 para. 133 in force at 3.8.2024, see art. 1