Advice to RPC LLP
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- From
- RPC LLP
- Date advice given
- 25 April 2012
- Enquiry type
Please advise me about the MP16 survey rights which we spoke about with regard to the drafting of our article 16 and whether NID are likely to be concerned about the extent of land covered by that provision?
Finally you will recall that you and I spoke about RWE's deemed statutory undertaker status and how RWE should explain this in the EM. Are you able to confirm whether NID will accept this i.e as explained or whether we need to provide anything else as evidence of our views on this matter i.e such as the actual licence, which Adriana had mentioned in our meeting. Do we need to produce this as part of the supporting documentation?
Advice given
MP16 and your Article 16 - If the application is accepted for examination, it is the Examining Authority that would decide whether it was appropriate to include the provision in the DCO. It would help the Examining Authority if the Ex Memorandum explained and justified why you need to include this provision. The Examining Authority will wish to be satisfied that it is appropriate and proportionate that it should apply to the area of the land you are suggesting and may require further information during the examination.
References at the beginning of the Order should be to the Secretary of State - as the application is now made to him (s37(2) 2008 Act )
With regard to the statutory undertaker status, you could if you wish provide a copy of the licence as part of the supporting documents. You could also explain the position in the Ex Memo, but the Examining Authority may ask to see a copy during the examination.
The letter of s.51advice on the draft DCO will follow soon.