# The Peartree Hill Solar Farm Order 2026, Article 7: Consent to transfer benefit of Order


(1) Subject to paragraph (3) the undertaker may with the written consent of the Secretary of State—
(a) transfer to another person (“the transferee”) all or any part of the benefit of the provisions of this Order) and such related statutory rights as may be agreed between the undertaker and the transferee; and
(b) grant to another person (“the lessee”), for a period agreed between the undertaker and the lessee, all or any part of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.
(2) Subject to paragraph (8), where a transfer or grant has been made in accordance with paragraph (1) references in this Order to the undertaker includes references to the transferee or the lessee.
(3) The consent of the Secretary of State is required for the exercise of the powers under paragraph (1) except where—
(a) the transferee or lessee holds a licence under section 6 (licences authorising supply, etc.) of the 1989 Act;
(b) the time limits for all claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and—
(i) no such claims have been made;
(ii) any such claims that have been made have all been compromised or withdrawn;
(iii) compensation has been paid in final settlement of any claims made;
(iv) payment of compensation into court in lieu of settlement of all such claims has taken place; or
(v) it has been determined by a tribunal or court of competent jurisdiction in respect of all claims that no compensation is payable; or
(c) the transfer or grant relates to Work Nos 4A, 4B and 6 for the purpose of undertaking all or any of those Works and is made to Northern Powergrid Holding Company (company registration number 03476201) whose registered office is at Lloyds Court, 78 Grey Street, Newcastle Upon Tyne, NE1 6AF.
(4) Where the consent of the Secretary of State is not required under paragraph (3), the undertaker must notify the Secretary of State in writing before transferring or granting all or any part of the benefit referred to in paragraph (1).
(5) The notification referred to in paragraph (4) must—
(a) state—
(i) the name and contact details of the person to whom the benefit of the powers will be transferred or granted;
(ii) subject to paragraph (6), the date on which the transfer will take effect;
(iii) the powers to be transferred or granted; and
(iv) in accordance with paragraph (8), the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted; and
(b) where relevant, be accompanied by a plan showing the works or areas to which the transfer or grant relates.
(6) The date specified under paragraph (5)(a)(ii) must not be earlier than the expiry of ten business days from the date of the receipt of the notification.
(7) The notification given under paragraph (4) 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 notification.
(8) Where the undertaker has transferred any benefit, or for the duration of any period during which the undertaker has granted any benefit—
(a) the benefit transferred or granted (“the transferred benefit”) must include any rights that are conferred, and any obligations that are imposed, by virtue of the provisions to which the benefit relates;
(b) the transferred benefit will reside exclusively with the transferee or, as the case may be, the lessee and the transferred benefit will not be enforceable against the undertaker; and
(c) the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant 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.

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Source: https://www.legislation.gov.uk/uksi/2026/869/article/7 (the official version)
Page: https://openlegislation.uk/peartree-hill-solar-farm-order-2026/article-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

