Article 9 Consent to transfer benefit of the OrderI1
England, Wales and Scotland
Subject to paragraph (4), the undertaker may—
transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; or
grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.
Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (3), includes references to the transferee or the lessee.
The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.
The consent of the Secretary of State is required for a transfer or grant under this article, except where the transfer or grant is made to—
Northumbrian Water Limited for the purposes of undertaking Work No. 22; and
Northern Gas Networks Limited for the purposes of undertaking Work Nos. 9, 10, 12, 13, 14, 15 and 16.
Annotations
Commencement
- I1
Art. 9 in force at 9.2.2021, see art. 1
Notes on the whole SI
Textual amendments
- F1
Words in Preamble inserted (1.5.2021) by The A1 Birtley to Coal House Development Consent (Correction) Order 2021 (S.I. 2021/551), art. 1, Sch.
- F2
Words in Preamble omitted (1.5.2021) by virtue of The A1 Birtley to Coal House Development Consent (Correction) Order 2021 (S.I. 2021/551), art. 1, Sch.