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40.—(1) The undertaker must not begin to exercise the powers provided in Parts 3,4,5 or 6 of this Order in relation to any land unless it has first put in place either—
(a)a guarantee in respect of the liabilities of the undertaker to pay compensation under this Order in respect of the exercise of the relevant power in relation to that land; or
(b)an alternative form of security for that purpose which has been approved by the Secretary of State.
(2) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation under the Order is to be treated as enforceable against the guarantor by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person.
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