{
  "url": "https://openlegislation.uk/sunnica-energy-farm-order-2024/article-32",
  "json_url": "https://openlegislation.uk/sunnica-energy-farm-order-2024/article-32.json",
  "legislation": "uksi/2024/802",
  "legislation_title": "The Sunnica Energy Farm Order 2024",
  "legislation_url": "https://openlegislation.uk/sunnica-energy-farm-order-2024",
  "path": "article/32",
  "kind": "article",
  "number": "32",
  "heading": "Consent to transfer the benefit of the Order",
  "text": "(1) Subject to the powers of this Order, the undertaker may—\n(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 between the undertaker and the transferee; and\n(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.\n(2) Where a transfer or grant has been made references in this Order to the undertaker, except in paragraph (8), are to include references to the transferee or lessee.\n(3) The consent of the Secretary of State is required for the exercise of the powers of paragraph (1) except where—\n(a) the transferee or lessee is the holder of a licence under section 6 (licences authorising supply etc.) of the 1989 Act; or\n(b) the time limits for claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and—\n(i) no such claims have been made;\n(ii) any such claim has been made and has been compromised or withdrawn;\n(iii) compensation has been paid in full and final settlement of any such claim;\n(iv) payment of compensation into court has taken place in lieu of settlement of any such claim; or\n(v) it has been determined by a tribunal or court of competent jurisdiction in respect of any such claim that no compensation is payable.\n(4) Where the consent of the Secretary of State is not required, the undertaker must notify the Secretary of State in writing before transferring or granting a benefit referred to in paragraph (1).\n(5) The notification referred to in paragraph (4) must state—\n(a) the name and contact details the person to whom the benefit of the powers will be transferred or granted;\n(b) subject to paragraph (6), the date on which the transfer will take effect;\n(c) the powers to be transferred or granted;\n(d) pursuant to paragraph (8), the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted; and\n(e) where relevant, a plan showing the works or areas to which the transfer or grant relates.\n(6) The date specified under paragraph (5)(b) must not be earlier than the expiry of 14 days from the date of the receipt of the notification.\n(7) The notification given 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.\n(8) Where the undertaker has transferred any benefit, or for the duration of any period during which the undertaker has granted any benefit—\n(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;\n(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\n(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.\n(9) The undertaker must notify both Cambridgeshire County Council and Suffolk County Council in writing 14 days before and 14 days after transferring or granting a benefit referred to in paragraph (1).\n(10) The obligations of the undertaker under the Deed of Obligation are enforceable in accordance with article 45 (enforcement, modification and discharge of the Deed of Obligation) against any person to whom the power to construct or operate numbered works 1 and 2 has been transferred or granted under this article for so long as that person benefits from the power to construct or operate any of numbered works 1 and 2, and such transferee or lessee must be treated for all purposes as the undertaker who entered into the Deed of Obligation with the other parties to it.\n(11) The obligations of parties to the Deed of Obligation other than the undertaker are enforceable by any person to whom the power to construct or operate numbered works 1 and 2 has been transferred or granted under this article for so long as that person benefits from the power to construct or operate any of numbered works 1 or 2, and such parties must be treated for all purposes as parties who entered into the Deed of Obligation with the transferee or lessee.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 32 in force at 3.8.2024, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2024/802/article/32",
    "retrieved_at": "2026-10-28T21:27:58.279529+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}