{
  "url": "https://openlegislation.uk/sunnica-energy-farm-order-2024/schedule-12/paragraph-63",
  "json_url": "https://openlegislation.uk/sunnica-energy-farm-order-2024/schedule-12/paragraph-63.json",
  "legislation": "uksi/2024/802",
  "legislation_title": "The Sunnica Energy Farm Order 2024",
  "legislation_url": "https://openlegislation.uk/sunnica-energy-farm-order-2024",
  "path": "schedule/12/paragraph/63",
  "kind": "paragraph",
  "number": "63",
  "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 must not (a) appropriate, or acquire or take temporary possession of any land or apparatus or (b) appropriate, acquire, extinguish, interfere with or override any easement, other interest or right or apparatus (or any one or more of the aforementioned interests or assets) of NGET or NGT otherwise than by agreement.\n(2) As a condition of an agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised development (or in such other timeframe as may be agreed between NGET or NGT (as appropriate) and the undertaker) that is subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of NGET or NGT or affect the provisions of any enactment or agreement regulating the relations between NGET or NGT (or both) and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as NGET or NGT (as appropriate) reasonably require enter into such deeds of consent upon such terms and conditions as may be agreed between NGET or NGT and the undertaker acting reasonably and which must be no less favourable on the whole to NGET or NGT unless otherwise agreed by NGET or NGT (as appropriate), and it will be the responsibility of the undertaker to procure or secure (or both) the consent 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 development.\n(3) The undertaker and NGET and NGT 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 (or both) of apparatus (including but not limited to the payment of costs and expenses relating to such relocation or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by NGET or NGT or other enactments relied upon by NGET or NGT as of right or other use in relation to the apparatus (or both), then the provisions in this part of this Schedule will prevail.\n(4) Any agreement or consent granted by NGET or NGT under paragraph 66 or 67 or any other paragraph of this Part of this Schedule, must not be taken to constitute agreement under sub-paragraph (1).",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 12 para. 63 in force at 3.8.2024, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2024/802/schedule/12/paragraph/63",
    "retrieved_at": "2026-10-28T21:27:58.279529+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."
}