The East Midlands Parkway Station (Land Acquisition) Order 2005

PART 3 MISCELLANEOUS AND GENERAL

Transfer of functions under Order

12.—(1) In this article—

“functions” includes powers, duties and obligations;

“transferee” means a person to whom all or any of the property or functions of the Company have been transferred by virtue of a transfer agreement; and

“transfer agreement” means an agreement entered into under paragraphs (2) or (3).

(2) The Company may enter into and carry into effect an agreement to sell, lease, charge, or otherwise dispose of, on such terms and conditions as it thinks fit, the whole or any part of any land held by the Company for the purpose of, or in connection with, the East Midlands Parkway Station.

(3) The Company may, with the consent of the Secretary of State, enter into and carry into effect an agreement with any other person with respect to the transfer of all or any of its functions under this Order, either unconditionally or subject to such conditions or upon the happening of such events as may be specified in the agreement.

(4) Any agreement or undertaking entered into by the Company in connection with the promotion of this Order shall, so far as relevant to any functions under this Order exercisable by the transferee under a transfer agreement, be binding on the transferee, and the exercise of the powers of any enactment including all or any part of the rights and powers conferred on the Company by or under this Order by any person in pursuance of a transfer agreement shall be subject to the same restrictions, liabilities and obligations as would apply under this Order if those rights and powers were exercised by the Company.

(5) Where a transfer agreement is entered into references in this Order to the Company shall, to such extent and for such purposes as the agreement so provides, have effect as references to the transferee.

(6) A transfer agreement may confer on the transferee the power of the Company to enter into a transfer agreement under this article in respect of any functions or property transferred to the transferee, and the provisions of this article shall apply in relation to the exercise of such power by such transferee as if references to the Company were references to the transferee.

Statutory undertakers etc.

13.  The provisions of Schedule 2 to this Order shall have effect.

Certification of plan etc.

14.  The Company shall, as soon as practicable after the making of this Order, submit copies of the book of reference and the land plan to the Secretary of State for certification that they are true copies of, respectively, the book of reference and land plan referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Service of notices

15.—(1) A notice or other document required or authorised to be served for the purposes of this Order may be served by post.

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 of the Interpretation Act 1978(1) as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) is, if he has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body, and

(b) in any other case, his last known address at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.

No double recovery

16.  Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.

(1)

1978 c. 30.