Article 7 Consent to transfer benefit of the Order
Except where paragraph (4) applies, 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 and such related statutory rights as may be agreed between the undertaker and the transferee; or
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 between the undertaker and the lessee.
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 lessee.
Where the undertaker has transferred any benefit, or for the duration of any period during which the undertaker has granted any benefit, under paragraph (1)—
the benefit transferred or granted (“the transferred benefit”) includes any rights that are conferred, and any obligations that are imposed, by virtue of the provisions to which the benefit relates;
the transferred benefit resides exclusively with the transferee or, as the case may be, the lessee and the transferred benefit is not enforceable against the undertaker; and
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.
The consent of the Secretary of State is not required where the transferee or lessee is the holder of a licence under section 6 of the Electricity Act 1989f1.
Where the consent of the Secretary of State is not required under paragraph (4) the undertaker must provide written notification to the Secretary of State and the relevant planning authority at least 14 days prior to transferring or granting any benefit pursuant to this article.
A notice required under paragraph (5) 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; and
the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted; and
be accompanied by 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.
Annotations
Footnotes
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