Article 7 Consent to transfer benefit of the orderI1

England, Wales and Scotland

(1)

The undertaker may—

(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 lessee”) for a period agreed between the undertaker and the lessee 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 paragraph (3), include references to the transferee or the lessee.

(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 consent of the Secretary of State is required for the exercise of the powers conferred by paragraph (1) except where the transfer or grant is made to Highways England or is made to a statutory undertaker in relation to the carrying out of the works set out in article 6(2) (benefit of the Order).

Annotations

Commencement

I1: Art. 7 in force at 23.6.2015, see art. 1