SCHEDULES
SCHEDULE 3OTHER POWERS ETC., OF LICENCE HOLDERS
F1Assignment of necessary wayleave
10A
1
Subject to the following provisions of this paragraph, a necessary wayleave granted under paragraph 10 shall be capable of being assigned if (and only if)—
a
in the case of a wayleave granted after the coming into operation of Article 64 of the Energy (Northern Ireland) Order 2003, a term to that effect is included in the wayleave;
b
in the case of a wayleave granted before that time, it is designated by the Department on an application made by the relevant licence holder.
2
A necessary wayleave shall not be assigned—
a
without the consent of the Department; or
b
to a person other than a licence holder.
3
The relevant licence holder shall—
a
give notice of an application under sub-paragraph (1)(b) to—
i
the occupier of the land; and
ii
where the occupier is not also the owner of the land, the owner; and
b
send a copy of that notice to the Department, together with the name and address of each person to whom that notice has been given.
4
The notice under sub-paragraph (3) shall—
a
identify the wayleave and state that an application in respect of it has been made to the Department under sub-paragraph (1)(b); and
b
specify a period (not being less than 28 days from the date on which the notice is given) during which representations or objections concerning the application may be made to the Department.
5
Before determining whether to designate a wayleave in pursuance of an application under sub-paragraph (1)(b), the Department shall consider any representations or objections which are duly made as mentioned in sub-paragraph (4)(b) and not withdrawn .
6
The Department shall give notice of its decision on an application under sub-paragraph (1)(b) to—
a
the relevant licence holder; and
b
each person mentioned in sub-paragraph (3)(b).
7
In this paragraph—
“assign” includes transfer by any means;
“relevant licence holder”, in relation to a necessary wayleave, means the licence holder to whom the wayleave was granted or to whom it has been assigned.
8
In paragraphs 11 and 12 references to a licence holder include references to a licence holder to whom a wayleave has been assigned.
2003 NI 6