Textual Amendments
F1Sch. 1 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
Textual Amendments
F2Sch. 2A inserted (20.5.2009) by Energy Act 2008 (c. 32), ss. 44(4), 110(2), Sch. 2; S.I. 2009/1270, art. 2
11(1)Where an application for a property scheme has been made, the applicant and the non-applicant party may, by a notice served by them jointly on the Authority—U.K.
(a)restrict the property, rights and liabilities in relation to which provision of a kind mentioned in paragraph 1(2) is proposed, or
(b)withdraw the application.
(2)Where a notice is served under sub-paragraph (1) the Authority must serve a copy of the notice on any person served with a notice in relation to the application under paragraph 7(1) or 9(8).
(3)A notice may be served under sub-paragraph (1) at any time before a property scheme is made in response to the application.
(4)If, at any time, a notice specifying the preferred bidder, in relation to a tender exercise, is withdrawn under paragraph 35, any application for a property scheme previously made, in relation to that exercise, by the preferred bidder or by the asset owner (unless previously withdrawn under sub-paragraph (1)) is treated as withdrawn at that time.
(5)Where an application is withdrawn by virtue of sub-paragraph (4), the Authority must serve notice to that effect on—
(a)the asset owner, and
(b)any person served with a notice in relation to the application under paragraph 7(1) or 9(8).
(6)If a notice is served under sub-paragraph (1) or an application is withdrawn by virtue of sub-paragraph (4), the Authority may direct the applicant or the non-applicant party (or both) to make a payment to a person within sub-paragraph (7) in respect of the costs incurred by such a person in connection with the application.
(7)Those persons are—
(a)the Authority;
(b)any third party affected by a provision of the proposed property scheme.
(8)A determination under sub-paragraph (6) must be made on the basis of what is just in all the circumstances of the case.
(9)The Authority must serve notice of a direction given under sub-paragraph (6) on—
(a)the applicant (if not the recipient of the direction),
(b)the non-applicant party (if not the recipient of the direction), and
(c)any person served with a notice in relation to the application under paragraph 7(1) or 9(8).
(10)Any sums received by the Authority under sub-paragraph (6) are to be paid into the Consolidated Fund.]