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Article 35 Guarantees in respect of payment of compensationI1

England, Wales and Scotland

(1)

The undertaker must not begin to exercise the powers of compulsory acquisition set out in articles 20 to 32 in relation to any land unless it has first put in place either—

(a)

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

(b)

an alternative form of security for that purpose which has been approved by the Secretary of State.

(2)

A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation under this Order is to be treated as enforceable against the guarantor by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person.

(3)

The guarantee or alternative form of security must be in place for a maximum of 15 years from the date that the relevant power of this Order is exercised.

Annotations

Commencement

I1

Art. 35 in force at 25.3.2016, see art. 1