Article 47 Guarantees in respect of payment of compensationI1

England, Wales and Scotland

(1)

The undertaker must not exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any part of the Order land unless it has first put in place either—

(a)

a guarantee, the form and amount of which has been approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) in respect of the relevant provision in relation to that part of the Order land; or

(b)

an alternative form of security, the form and amount of which has been approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) in respect of the relevant provision in relation to that part of the Order land.

(2)

The provisions are—

(a)

article 21 (compulsory acquisition of land);

(b)

article 23 (compulsory acquisition of rights);

(c)

article 24 (private rights);

(d)

article 29 (rights under or over streets);

(e)

article 30 (temporary use of land for constructing the authorised development);

(f)

article 31 (temporary use of land for maintaining the authorised development); and

(g)

article 32 (statutory undertakers).

(3)

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 or person providing the alternative form of security 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.

(4)

Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised.

Annotations

Commencement

I1: Art. 47 in force at 5.11.2025, see art. 1