Paragraph 39 Application

(1)

For the protection of NGT as referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and NGT.

(2)

Subject to sub-paragraph (3) or to the extent otherwise agreed in writhing between the undertaker and NGT, where the benefit of this Order is transferred or granted to another person under article 6 (benefit of the Order)—

(a)

any agreement of the type mentioned in subparagraph (1) has effect as if it had been made between NGT and the transferee or grantee (as the case may be); and

(b)

written notice of the transfer or grant must be given to NGT on or before the date of that transfer or grant.

(3)

Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to NGT (but without prejudice to 49(3)b).