Article 8 Transfer of the benefit of this OrderI1

England, Wales and Scotland

(1)

Except where paragraph (4) applies, the undertaker may, with the consent of the Secretary of State,—

(a)

transfer to another person (the “transferee”) all or any part 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

(b)

grant to another person (the “lessee”), for a period agreed between the undertaker and the lessee, all or any part of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the lessee.

(2)

Where an agreement has been made in accordance with paragraph (1)(a) or (b), references in this Order to the undertaker, except in paragraph (3), 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)

This paragraph applies where—

(a)

the transferee or lessee holds a licence under section 6 of the 1989 Act; or

(b)

the time limits for all claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and—

(i)

no such claims have been made;

(ii)

any such claims that have been made have all been compromised or withdrawn;

(iii)

compensation has been paid in final settlement of any claims made;

(iv)

payment of compensation into court in lieu of settlement of all such claims has taken place; or

(v)

it has been determined by a tribunal or court of competent jurisdiction in respect of all claims that no compensation is payable.

(5)

Where paragraph (4) applies the undertaker must notify the Secretary of State in writing before transferring or granting all or any part of the benefit of the provisions of this Order and such related statutory rights referred to in paragraph (1).

Annotations

Commencement

I1: Art. 8 in force at 19.11.2015, see art. 1(2)