Article 7 Benefit of this OrderI1
England, Wales and Scotland
Subject to this article, the provisions of this Order have effect solely for the benefit of the undertaker.
Subject to paragraph (3) 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 (including 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 (including the deemed marine licence) and such related statutory rights as may be so agreed,
except where paragraph (5) applies, in which case the consent of the Secretary of State is not required.
The Secretary of State must notify the MMO, and must have regard to any response received from the MMO within 28 days of that notification, before giving consent to the transfer or grant to another person of the benefit of the provisions of the deemed marine licence.
Where the undertaker has transferred any benefit, or for the duration of any period during which the undertaker has granted any benefit, under paragraph (2)—
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 is not enforceable against the undertaker save in the case of a deemed marine licence transferred or granted in respect of any breach of an obligation by the undertaker which occurs prior to such transfer or grant or which occurs as a result of any activity carried out by the undertaker on behalf of the transferee; and
the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (2) 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.
This paragraph applies where the transferee or lessee is the holder of a licence under section 6 (licences authorising supply, etc.) of the 1989 Act.
Where an agreement has been made in accordance with paragraph (2) references in this Order to the undertaker, except in paragraph (4), will include references to the transferee or lessee.
Prior to any transfer or grant under this article taking effect the undertaker must give notice in writing to the Secretary of State and the MMO.
A notice required under paragraph (7) must—
state—
the name and contact details of the person to whom the benefit of the provisions will be transferred or granted;
subject to paragraph (9), the date on which the transfer will take effect;
the provisions to be transferred or granted; and
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
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 date specified under paragraph (8)(a)(ii) must not be earlier than the expiry of 28 days from the date of the receipt of the notice.
The notice given under paragraph (7) 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.
Section 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 save that the MMO may amend any deemed marine licence granted under Schedule 6 of this Order to change the name of the undertaker to the name of a transferee or lessee under this article.
A notice given under paragraph (7) is deemed to have been given in writing where it is sent electronically.
Annotations
Commencement
- I1
Art. 7 in force at 23.12.2025, see art. 1