Article 8 Consent to transfer benefit of OrderI1

England and Wales

(1)

The undertaker may with the written consent of the Secretary of State—

(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 in writing between the undertaker and the transferee; or

(b)

grant to another person (“the grantee”) for a period agreed in writing between the undertaker and the grantee 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 relation to paragraph (3), includes references to the transferee or the grantee.

(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 undertaker must notify National Highways in the event that it exercises the power in paragraph (1) to transfer or grant to a person other than National Highways the benefit of the Order in respect of national highway works.

(5)

The undertaker must notify a local highway authority in the event that it exercises the power in paragraph (1) to transfer or grant to a person other than that local highway authority the benefit of the Order in respect of local highway works in an area for which that local highway authority is the relevant highway authority.

Annotations

Commencement

I1: Art. 8 in force at 12.10.2025, see art. 1