(d) pursuant to paragraph (3), the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted; and 

(e) where relevant, a plan showing the works or areas to which the transfer or grant relates. 

(7) The date specified under paragraph (6)(b) must not be earlier than the expiry of five working days from the date of the receipt of the notice. 

(8) The notice given under paragraph (5) must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notice. 

## Guarantees in respect of payment of compensation 

10. —(1) The undertaker must not begin to exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any Order land unless it has first put in place either— 

(a) a guarantee and the amount of that guarantee approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2); or 

(b) an alternative form of security and the amount of that security approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2). 

(2) The provisions are— 

(a) article 22 (compulsory acquisition of land); 

(b) article 24 (compulsory acquisition of rights); 

(c) article 26 (private rights); 

(d) article 31 (temporary use of land for carrying out the authorised development); 

(e) article 32 (temporary use of land for maintaining the authorised development); and 

(f) article 33 (statutory undertakers). 

(3) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) is to be treated as enforceable against the guarantor or person providing the alternative form of security 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. 

(4) Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised. 

## Street works 

## Streets 

11. —(1) The undertaker may, for the purposes of the authorised development, enter on so much of any of the streets specified in Schedule 3 (streets subject to street works) and may— 

(a) break up or open the street, or any sewer, drain or tunnel under it; 

(b) drill, tunnel or bore under the street; 

(c) place apparatus in the street; 

(d) maintain apparatus in the street, change its position or remove it; and 

(e) execute any works required for or incidental to any works referred to in sub-paragraph (a), (b), (c) or (d). 

(2) The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act. 

(3) Where the undertaker is not the street authority, the provisions of sections 54 to 106 of the 1991 Act apply to any street works carried out under paragraph (1). 

