PART 7MISCELLANEOUS AND GENERAL

SACR

article 61 + 61.—(1) The undertaker must when carrying out the authorised development implement the measures contained in Parts 1 to 3 of the SACR (including the amendments required by paragraph 30 (amendments to be made to the SACR) of Part 3 (amendments to be made to the control documents) of Schedule 2 (requirements)) unless—

article 61 1 a + (a)otherwise agreed in writing with the person with the benefit of the measure; or

article 61 1 b + (b)an application submitted by the undertaker for revocation, suspension or variation of the measure has been approved in writing by the Secretary of State, following consultation by the undertaker with the person(s) with the benefit of the measure and any other persons considered appropriate.

(2) When determining whether to approve a revocation, suspension or variation of a measure under paragraph (1)(b), the Secretary of State—

article 61 2 a + (a)must consider the safe and expeditious delivery of the authorised development and whether—

article 61 2 a i + (i)the measure is capable of implementation;

article 61 2 a ii + (ii)the measure no longer serves a useful purpose; and

article 61 2 a iii + (iii)the purpose of the measure could be served equally well with any proposed revocation, suspension or variation, and

article 61 2 b + (b)may consider additional matters that the Secretary of State considers relevant.

(3) In relation to an application under paragraph (1)(b)—

article 61 3 a + (a)the SACR is deemed to be modified so as to give effect to any revocation, suspension or variation approved by the Secretary of State; and

article 61 3 b + (b)the undertaker must, as soon as reasonably practicable after the Secretary of State determines an application for the revocation, suspension or variation of a measure, notify the person(s) with the benefit of the measure of that determination.

(4) Paragraph 22 of Schedule 2 (requirements) applies to an application to the Secretary of State for revocation, suspension or variation under paragraph (1)(b) as though it were a consultation required under that Schedule.

(5) The undertaker must, as soon as practicable following the exercise of any power under this Order, establish and maintain for a period of 3 years following the completion of the authorised development a register in electronic form, suitable for inspection by members of the public, which sets out in relation to each measure secured under paragraph (1)—

article 61 5 a + (a)the status of the measure; and

article 61 5 b + (b)whether any approval has been given or agreement made under paragraph (1)(a) or (b).