Article 8 Consent to transfer benefit of OrderI1

England, Wales and Scotland

(1)

Subject to paragraphs (4) and (5), 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 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 a transfer or grant under this article, except where the transferee or lessee is—

(a)

the holder of a licence under section 6 of the Electricity Act 1989^f1;

(b)

in relation only to a transfer or lease of Work nos. 4 or 5, the holder of a licence under section 7 of the Gas Act 1986^f2;

(c)

in relation to a transfer or lease of any works within a highway, a highway authority responsible for the highways within the Order limits; and

(d)

in relation to a transfer or lease of any works within a street situated within the Port of Tilbury or Work no. 15, Port of Tilbury London Limited or any successor as the statutory harbour authority for the Port of Tilbury.

(5)

Where the consent of the Secretary of State is not required under paragraph (4) the undertaker must notify the Secretary of State and the Port of Tilbury London Limited in writing before transferring or granting a benefit referred to in paragraph (1).

(6)

The notification referred to in paragraph (5) must state—

(a)

the name and contact details of the person to whom the benefit of the powers will be transferred or granted;

(b)

subject to paragraph (7), the date on which the transfer will take effect;

(c)

the powers to be transferred or granted;

(d)

pursuant to paragraph (3), the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted; and

(e)

where relevant, a plan showing the works or areas to which the transfer or grant relates.

(7)

The date specified under paragraph (6)(b) must not be earlier than the expiry of 14 days from the date of the receipt of the notice.

(8)

The notice given under paragraph (5) 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.

Annotations

Commencement

I1: Art. 8 in force at 10.3.2022, see art. 1

Footnotes

f1: 1989 c. 29.
f2: 1986 c. 44. Section 7(1) was amended by section 76 of the Utilities Act 2000 (c. 27) and section 197 of, and part 1 of Schedule 23 to, the Energy Act 2004 (c. 20).