Article 9 Consent to transfer benefit of OrderI1

England, Wales and Scotland

(1)

Subject to paragraph (4) the undertaker may—

(a)

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;

(b)

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.

(2)

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 lessee.

(3)

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.

(4)

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

(a)

NGG for the purposes of undertaking any works relating to its apparatus set out in Work Nos. 84;

(b)

Anglian Water for the purposes of undertaking any works relating to its apparatus set out in Work Nos. 74, 77, 80, 84, 89 and 92;

(c)

UKPN for the purposes of undertaking any works relating to its apparatus set out in Work Nos. 74, 76, 78, 79, 84, 86, 88, 89, 90, 92, 93 and 95;

(d)

BT for the purposes of undertaking any works relating to its apparatus set out in Work Nos. 73, 74, 75, 80, 81, 82, 83, 84, 85, 87, 89, 90, 91 and 92; or

(e)

Ørsted for the purposes of undertaking Work Nos. 94 and 99.

Annotations

Commencement

I1: Art. 9 in force at 2.9.2022, see art. 1