F1 SCHEDULES
F2SCHEDULE 2AProperty Schemes
Refusal of application or part of application
19
1
This paragraph applies where the Authority—
a
determines to refuse an application for a property scheme so far as it relates to any property, right or liability specified in the application in accordance with paragraph 3(2)(a), or
b
determines not to make any alternative provision proposed under paragraph 12(3)(b) in relation to any such property, right or liability.
2
The Authority must, as soon as reasonably practicable, serve a notice giving details of the determination on each person mentioned in paragraph 18(2)(a) to (c).
3
The Authority may direct the successful bidder or the asset owner to make a payment in respect of the costs incurred in connection with the application by—
a
the Authority,
b
the successful bidder,
c
the asset owner, or
d
a third party affected by a provision of the proposed property scheme or any alternative provision proposed under paragraph 12(3)(b).
4
The Authority must serve notice of a direction given under sub-paragraph (3) on—
a
the successful bidder (if not the recipient of the direction),
b
the asset owner (if not the recipient of the direction), and
c
any person served with a notice in relation to the application under paragraph 7(1), 9(8) or 12(7).
5
A determination under sub-paragraph (3) must be made on the basis of what is just in all the circumstances of the case.
6
Any sums received by the Authority under sub-paragraph (3) are to be paid into the Consolidated Fund.
Sch. 2A inserted (20.5.2009) by Energy Act 2008 (c. 32), ss. 44(4), 110(2), Sch. 2; S.I. 2009/1270, art. 2