The York Potash Harbour Facilities Order 2016

Consent to transfer benefit of Order

8.—(1) Subject to the provisions of this Order the undertaker may, with the written consent of the Secretary of State—

(a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order (including the DML) and such related 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 DML) and such related rights as may be so agreed.

(2) The powers conferred by paragraph (1)(a) may only be exercised by the undertaker or a transferee.

(3) A lessee (‘the granting lessee’) may not make a grant under paragraph (1)(b)—

(a) for a longer period than the period of the grant to the granting lessee; or

(b) conferring any benefit or right that is not conferred by the grant to the granting lessee.

(4) Where an agreement has been made in accordance with paragraph (1), references in this Order to the undertaker, except in paragraphs (2) and (5), include references to the transferee or the lessee.

(5) 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.

(6) Despite anything contained in Part 4 (marine licensing) of the 2009 Act, but subject to paragraph (5), the undertaker may transfer or grant relevant provisions to another person under paragraph (1).

(7) Before seeking the Secretary of State’s consent to a transfer or grant of relevant provisions under paragraph (1), the undertaker must—

(a) consult the MMO; and

(b) provide the MMO with—

(i) details of the relevant provisions proposed to be transferred or granted; and

(ii) the information that the undertaker proposes to provide under paragraph (9).

(8) Before consenting to a transfer or grant of relevant provisions under paragraph (1), the Secretary of State must consult the MMO.

(9) As soon as is reasonably practicable but in any event no later than 7 days after the coming into effect of a transfer or grant of relevant provisions to another person, the transferor or grantor must give written notice to the MMO of—

(a) the name and contact details of the other person;

(b) the date on which the transfer or grant took effect;

(c) the relevant provisions transferred or granted;

(d) the restrictions, liabilities and obligations that, under paragraph (2), apply in relation to the exercise by the other person of any benefits or rights conferred by the transfer or grant;

(e) where relevant, a plan showing the works or areas to which the transfer or grant relates; and

(f) in a case where the Secretary of State’s consent is needed for the transfer or grant, a copy of the consent.

(10) Section 72(7) and (8) (variation, suspension, revocation and transfer) of the 2009 Act does not apply to a transfer or grant of relevant provisions under paragraph (1).

(11) In this article “relevant provisions” means any of the provisions set out in the DML.