{
  "url": "https://openlegislation.uk/town-and-country-planning-entertainment-resort-complex-bedford-special-development-no-2-order-2025/schedule-3/paragraph-3",
  "json_url": "https://openlegislation.uk/town-and-country-planning-entertainment-resort-complex-bedford-special-development-no-2-order-2025/schedule-3/paragraph-3.json",
  "legislation": "uksi/2025/1322",
  "legislation_title": "The Town and Country Planning (Entertainment Resort Complex, Bedford) Special Development (No. 2) Order 2025",
  "legislation_url": "https://openlegislation.uk/town-and-country-planning-entertainment-resort-complex-bedford-special-development-no-2-order-2025",
  "path": "schedule/3/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": "Designation of site controller and appointment of principal representative",
  "text": "(1) No authorised development may begin until Universal City Studios LLC has given a notice to the Secretary of State—\n(a) designating an undertaking as the site controller, and\n(b) appointing a senior officer or employee of that undertaking who is to be the principal point of contact for the Secretary of State in respect of all matters for which this Order makes provision in relation to the design, construction, operation and security of the ERC (“principal representative”).\n(2) Subject to the following provisions of this paragraph, at any time after a notice has been given under sub-paragraph (1), the site controller may give a notice to the Secretary of State—\n(a) designating another undertaking, identified in the notice (the “new site controller”), to be the site controller in place of the undertaking—\n(i) designated under sub-paragraph (1), or\n(ii) whose designation in a notice given under this sub-paragraph has most recently taken effect, or\n(b) appointing another senior officer or employee to be principal representative in place of the senior officer or employee—\n(i) appointed under sub-paragraph (1), or\n(ii) whose appointment in a notice given under this sub-paragraph has most recently taken effect.\n(3) A notice given under sub-paragraph (1) or (2) must specify the date from which any designation or appointment to which it relates takes effect.\n(4) No undertaking may be designated as site controller, and no person may be appointed as principal representative, otherwise than by a notice given in accordance with this paragraph.\n(5) A notice given under sub-paragraph (2)(a)—\n(a) must include details, in form and substance satisfactory to the Secretary of State, of—\n(i) the identity and beneficial ownership of the new site controller, provided that, where a relevant undertaking is a company whose securities are admitted to trading on a relevant market, this need not include details of any person who holds less than 25 per cent of the relevant undertaking’s equity share capital, and\n(ii) any change in relation to the ownership or control of land or assets referred to in condition 4(3) (core controls) that is associated with the designation of the new site controller;\n(b) must be given—\n(i) if the new site controller is an affiliate of the undertaking giving the notice, at least 10 working days;\n(ii) if the new site controller is not an affiliate of the undertaking giving the notice, at least 20 working days,\nbefore the date on which the notice specifies that the new site controller’s designation takes effect.\n(6) No class 1 authorised development may be carried out, and no class 1 authorised work may operate, unless—\n(a) an undertaking is designated as site controller, and\n(b) a senior officer or employee of that undertaking is appointed as principal representative,\nin accordance with this paragraph.\n(7) An undertaking may only be designated as site controller if—\n(a) it or its affiliates have overall responsibility for, and control, either directly, or through arrangements with other persons—\n(i) the design, construction, operation and security of the ERC, to the extent that they are regulated by this Order, and\n(ii) the making, submission, provision or giving of any request, document, notice or information to the Secretary of State under or by virtue of this Order in relation to authorised works and authorised development, and\n(b) in respect of that undertaking—\n(i) the criteria set out in paragraphs (a) to (d) of condition 4(3) are satisfied, and\n(ii) the Secretary of State is satisfied of the matters specified in condition 5(1)(a) and (b) (experience and capability), or deemed to be satisfied of them under condition 5(2).\n(8) If the site controller gives a notice to the Secretary of State that identifies as the new site controller an undertaking in respect of which a requirement set out in sub-paragraph (7)(a) or (b) is not satisfied—\n(a) that notice has no effect, and\n(b) the undertaking giving that notice remains the site controller until it gives another notice that identifies as the new site controller an undertaking in respect of which the requirements set out in sub-paragraph (7)(a) and (b) are both satisfied.\n(9) If a requirement set out in sub-paragraph (7)(a) or (b) ceases to be satisfied in respect of the site controller, the site controller must as soon as practicable give a notice under sub-paragraph (2)(a) designating as the new site controller an undertaking in respect of which both those requirements are satisfied.\n(10) An undertaking designated in a notice given under sub-paragraph (1) or (2)(a)—\n(a) subject to sub-paragraph (8)(b), is the site controller with effect from the date on which the notice specifies that its designation takes effect;\n(b) ceases to be the site controller—\n(i) only if another undertaking is designated in its place by a notice given under sub-paragraph (2)(a);\n(ii) on the date when a notice designating a new site controller in its place takes effect.\n(11) An individual—\n(a) may only be appointed as principal representative in a notice under sub-paragraph (1) or (2)(b);\n(b) is principal representative with effect from the date on which the notice specifies that their appointment takes effect;\n(c) ceases to be principal representative on the first to occur of—\n(i) their ceasing to be a senior officer or employee of the site controller;\n(ii) the next date when the appointment of a principal representative under a notice given under sub-paragraph (2)(b) takes effect.\n(12) The site controller must ensure that the Secretary of State has up to date contact details for the individual whose appointment as principal representative has most recently taken effect.\n(13) For the purposes of sub-paragraph (5)—\n“equity share capital” has the meaning given in section 548 of the Companies Act 2006;\n“parent undertaking” has the meaning given in section 1162 of that Act;\n“relevant market” means—\n(a) a UK regulated market or an EU regulated market, each as defined in section 1173 of that Act;\n(b) a market listed in Schedule 1 to the Register of People with Significant Control Regulations 2016;\n“relevant undertaking” means—\n(a) the site controller;\n(b) a parent undertaking of the site controller;\n(c) an undertaking that would be a parent undertaking of the site controller but for the fact that shares owned by an undertaking are registered in the name of—\n(i) a nominee or other person acting on behalf of that undertaking, or\n(ii) another person by way of security over those shares.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Registered in Delaware under file registration number 3514382 on 15 April 2002."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2006 c. 46. Section 1173 was amended by S.I. 2019/145; there are other amending instruments but none is relevant."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 2016/339."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1322/schedule/3/paragraph/3",
    "retrieved_at": "2026-10-28T21:08:22.499243+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."
}