PART 12STATUTORY UNDERTAKERS ETC.

Relieving statutory undertakers of impracticable obligations

318Orders to relieve statutory undertakers of impracticable obligations

(1)

This section applies where the appropriate Minister is satisfied, on a representation made by a statutory undertaker, that it is impracticable for the undertaker to meet an obligation relating to the carrying on of its undertaking because of an act or event mentioned in subsection (4).

(2)

The appropriate Minister may by order provide for the undertaker to be relieved of the need to meet the obligation, either absolutely or to the extent specified in the order.

(3)

An order may be made in accordance with the representation mentioned in subsection (1) or with modifications.

(4)

The acts and events referred to in subsection (1) are—

(a)

the compulsory acquisition of any land that was used, or in which a statutory undertaker held an interest, for the purpose of carrying on a statutory undertaking, where the land—

(i)

was acquired under Part 10 or Part 11 or under Chapter 5 of Part 3 of the Historic Environment Act, or

(ii)

is in Wales and was acquired under any other enactment other than Part 9 or 10 of the Town and Country Planning Act 1990 (c. 8) or Chapter 5 of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9);

(b)

the acts and events specified in paragraphs (a) to (c) and (e) of section 317(4).

(5)

Part 3 of Schedule 18 makes further provision in connection with orders under this section.