Transfer of benefit of OrderE+W+S
35.—(1) Except as otherwise provided in this Order, the provisions of this Order have effect solely for the benefit of the undertaker.
(2) The undertaker may—
(a)transfer to another person (the “transferee”) any or all of the benefit of the provisions of this Order (including the deemed marine licences) 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 (including the deemed marine licences) and such related statutory rights as may be agreed between the undertaker and the lessee.
(3) The consent of the Secretary of State is required for a transfer or grant under paragraph (2), except for—
(a)a transfer or grant of the benefit of any of the provisions (and any related statutory rights) relating to Work No. 1A or 1B from one undertaker to the other; or
(b)a transfer or grant of any of the provisions (and any related statutory rights) relating to Work Nos. 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 7A, 7B, 8A, 8B, 9A, 9B or 10 to a person who holds a licence under section 6 of the 1989 Act.
(4) Where the consent of the Secretary of State is required for a transfer or grant under paragraph (1), the Secretary of State must consult the MMO before giving consent if the proposed transfer or grant is relevant to the exercise of functions within the MMO’s jurisdiction.
(5) Where there is a transfer or grant under paragraph (2)—
(a)the exercise by the transferee or, as the case may be, by the lessee of any benefit or right conferred by the transfer or grant (the “transferred benefit”) is subject to the same restrictions, liabilities and obligations as would apply under this Order if the benefit or right were exercised by the undertaker; and
(b)the transferred benefit resides exclusively with the transferee or lessee, and any breach of a restriction or an obligation with respect to the transferred benefit is not be enforceable against the person making the transfer or grant, except for a breach occurring before the date of transfer.
(6) At least 5 days before a transfer or grant under paragraph (2) takes effect, the undertaker must give notice in writing—
(a)to the Secretary of State; and
(b)if the transfer or grant is relevant to the exercise of functions within the MMO’s or the local planning authority’s jurisdiction, to the MMO or the local planning authority (or to both).
(7) The notice must—
(a)state—
(i)the name and contact details of the transferee or lessee;
(ii)the date on which the transfer or grant takes effect;
(iii)the provisions transferred or granted; and
(iv)the restrictions, liabilities and obligations that, in accordance with paragraph (5)(a), apply to the transferee or lessee;
(b)be accompanied by—
(i)where relevant, a plan showing the Works or areas to which the transfer or grant relates;
(ii)where the Secretary of State’s consent is needed for the transfer or grant, a copy of the consent; and
(iii)a copy of the document effecting the transfer or grant signed by the person making the transfer or grant and the transferee or lessee; and
(c)be signed by the person making the transfer or grant and the transferee or lessee.
(8) Where there is a transfer or grant under paragraph (2), references in this Order to the undertaker, except in paragraph (5), include references to the transferee or lessee.
Commencement Information
I1Art. 35 in force at 7.9.2016, see art. 1(2)