Article 17 Power to transfer undertaking
The Nominated Undertaker may, with the consent of the Secretary of State—
transfer to another person (“the transferee”) its right to construct, maintain, use or operate the authorised works (or any part of them) and such related statutory rights as may be agreed between the Nominated Undertaker and the transferee; or
grant to another person (“the lessee”) for a period agreed for a period agreed between the Nominated Undertaker and the lessee the right to construct, maintain, use or operate the authorised works (or any part of them) and such related statutory rights as may be agreed.
Any agreement made under the powers conferred by paragraph (1) may contain such incidental, consequential or supplementary provisions, including provisions relating to the defraying of, or the making of contributions towards the costs of such construction, maintenance, use and operation by the Nominated Undertaker or by any other person.
Where an agreement has been made by virtue of paragraph (1) references in this Order to the Nominated Undertaker include, where appropriate, references to the transferee or lessee.
The exercise of the powers conferred by any enactment by any person in pursuance of any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those powers were exercised by the Nominated Undertaker.