Article 12 Consent to transfer benefit of OrderI1

Subject to paragraph (5), the undertaker may with the written consent of the Secretary of State—

Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (4), include references to the transferee or the grantee, or any other person who may exercise, enjoy or be responsible for any functions of the undertaker pursuant to that agreement, as the case may be.

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, save where those benefits or rights are exercised by a statutory undertaker (which for the purposes of this article includes any entity listed in paragraph (5)), or by an owner or occupier of land pursuant to paragraph (3) of article 29 (compulsory acquisition of rights and imposition of restrictive covenants) of this Order, in which case liability for the payment of compensation remains with the undertaker.

The consent of the Secretary of State under this article is not required where the powers of article 29 (compulsory acquisition of rights and imposition of restrictive covenants) are, with the consent of the undertaker given under article 29(3), proposed to be exercised by a statutory undertaker rather than by the undertaker, or are proposed to be exercised for the express benefit or accommodation of owners and occupiers of land, as identified in column (4) of the table in Part 4 of Schedule 4 (permanent stopping up of highways and private means of access and provision of new highways and private means of access) to this Order.

The consent of the Secretary of State is not required under this article, where the transfer or grant is made to—

In this article—

• “National Grid” means National Grid Electricity Distribution PLC (company number 09223384) whose registered office is at Avonbank, Feeder Road, Bristol, Avon, BS2 0TB or a related or subsidiary company of National Grid;

• “euNetworks” means euNetworks Fiber UK Limited (company number 04840874) whose registered office is at 5 Churchill Place, London, England, E14 5HU or a related or subsidiary company of euNetworks;

• “Openreach” means Openreach Limited (company number 10690039) whose registered office is at 6 Gracechurch Street, London, United Kingdom, EC3V 0AT or a related or subsidiary company of Openreach;

• “Severn Trent Water” means Severn Trent Water Limited (company number 02366686) whose registered office is at Severn Trent Centre, 2 St John’s Street, Coventry, CV1 2LZ or a related or subsidiary company of Severn Trent Water; and

• “Virgin Media” means Virgin Media Limited (company number 2591237) whose registered office is at 500 Brook Drive, Reading, RG2 6UU or a related or subsidiary company of Virgin Media.