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Article 23 Guarantees in respect of payment of compensationI1

England and Wales

(1)

The undertaker must not exercise a power conferred by this Part unless guarantees or alternative forms of security in respect of the liability of the undertaker to pay compensation under this Part are in place.

(2)

The form of guarantee or security referred to in paragraph (1), and the amount guaranteed or secured, must be approved by the local planning authority; but such approval must not be unreasonably withheld.

(3)

The undertaker must provide the local planning authority with such information as the local planning authority may reasonably require relating to the interests in the land affected by the exercise of the powers conferred by this Part for the local planning authority to be able to determine the adequacy of the proposed guarantee or security including—

(a)

the interests affected; and

(b)

the undertaker’s assessment, and the basis of the assessment, of the level of compensation.

(4)

A guarantee or other security given in accordance with this article that guarantees or secures the undertaker’s payment of compensation under this Part is enforceable against the guarantor or provider of security by any person to whom such compensation is properly payable.

Annotations

Commencement

I1

Art. 23 in force at 10.8.2016, see art. 1