Article 7 Benefit of the OrderI1
England and Wales
Subject to this article, the provisions of this Order have effect solely for the benefit of the undertaker.
Subject to paragraph (5), the undertaker may with the written consent of the Secretary of State—
transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order (excluding the deemed marine licence) and such related statutory rights as may be agreed between the undertaker and the transferee; and
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 (excluding the deemed marine licence) and such related statutory rights as may be so agreed
except where paragraph (6) applies, in which case no consent of the Secretary of State is required.
Subject to paragraph (5), the undertaker may with the written consent of the Secretary of State—
where an agreement has been made in accordance with paragraph (2)(a), transfer to the transferee the whole of the deemed marine licence and such related statutory rights as may be agreed between the undertaker and the transferee; and
where an agreement has been made in accordance with paragraph (2)(b), grant to the lessee for the duration mentioned in paragraph (2)(b), the whole of the deemed marine licence and such related statutory rights as may be so agreed,
F1except where paragraph (6) applies, in which case no consent of the Secretary of State is required.
The Secretary of State must consult NRW before giving consent to the transfer or grant to another person of the benefit of the deemed marine licence under paragraph (3).
Where the undertaker has transferred any benefit, or for the duration of any period during which the undertaker has granted any benefit, under paragraphs (2) or (3)—
the benefit transferred or granted (“the transferred benefit”) shall include any rights that are conferred, and any obligations that are imposed, by virtue of the provisions to which the benefit relates;
the transferred benefit shall reside exclusively with the transferee or, as the case may be, the lessee and the transferred benefit shall not be enforceable against the undertaker; and
the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraphs (2) or (3) 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.
No consent of the Secretary of State is required where—
the transferee or lessee is the holder of a licence under section 6 (licences authorising supply, etc.) of the 1989 Actf1; or
the time limits for claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and–
no such claims have been made;
any such claim has been made and has been compromised or withdrawn;
compensation has been paid in final settlement of any such claim;
payment of compensation into court has taken place in lieu of settlement of any such claim; or
it has been determined by a tribunal or court of competent jurisdiction in respect of any such claim that no compensation is payable.
Where an agreement has been made in accordance with paragraph (2) or (3), references in this Order to the undertaker, except in paragraph (5) will include references to the transferee or lessee in accordance with that agreement.
Prior to any transfer or grant under this article taking effect the undertaker must give notice in writing to the Secretary of State, and if such transfer or grant relates to the exercise of powers in their area, to NRW and the relevant planning authority.
A notice required under paragraph (8) must—
state—
the name and contact details of the person to whom the benefit of the provisions will be transferred or granted;
the date on which the transfer will take effect;
the provisions to be transferred or granted;
the restrictions, liabilities, and obligations that, in accordance with sub-paragraph (4)(c), will apply to the person exercising the powers transferred or granted; and
where paragraph (6) does not apply, confirmation of the availability and adequacy of funds for compensation associated with the compulsory acquisition of the Order land;
be accompanied by—
where relevant, a plan showing the works or areas to which the transfer or grant relates; and
a copy of the document effecting the transfer or grant signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted.
The notice specified under paragraph (8) must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notice.
Sections 72(7) and (8) of the 2009 Act do not apply to a transfer or grant of the benefit of the provisions of the deemed marine licence to another person by the undertaker pursuant to an agreement under this article.
Annotations
Textual amendments
- F1
Words in art. 7(3) inserted (24.10.2025) by The Mona Offshore Wind Farm (Correction) Order 2025 (S.I. 2025/1123), art. 1, Sch.
Commencement
- I1
Art. 7 in force at 28.7.2025, see art. 1
Footnotes
- f1
-
Section 6 was amended by sections 89, 136, 198, 143, and 145, Part 1 of Schedule 23 and paragraphs 3 and 5 of Schedule 19 to the Energy Act 2004 (c. 20), sections 72 and 121 and Schedule 1 to the Energy Act 2011 (c. 16), sections 166, 186, 334 and 205 to the Energy Act 2023 (c. 52), S.I. 2012/2400 and S.I. 2011/2704. There are other amendments to section 6 which are not relevant to the Order.