The Walney Extension Offshore Wind Farm Order 2014

Benefit of the Order E+W

5.—(1) Subject to paragraphs (3) and (4), 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 (excluding the deemed marine licences referred to in paragraph (3) below) 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 (excluding the deemed marine licences referred to in paragraph (3) below) and such related statutory rights as may be so agreed.

except where paragraph (6) applies, in which case no such consent shall be required.

(2) Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraphs (3), (5) and (7), shall include references to the transferee or lessee.

(3) The undertaker may, with the written consent of the Secretary of State—

(a) where an agreement has been made in accordance with paragraph (1)(a), transfer to the transferee the whole of the deemed Generator Assets Marine Licence and/or the whole of the deemed Transmission Assets Marine Licence and such related statutory rights as may be agreed between the undertaker and the transferee; or

(b) where an agreement has been made in accordance with paragraph (1)(b), grant to the lessee, for the duration of the period mentioned in paragraph (1)(b), the whole of the deemed Generator Assets Marine Licence and/or the whole of the deemed Transmission Assets Marine Licence and such related statutory rights as may be so agreed.

except where paragraph (6) applies, in which case no such consent shall be required.

(4) The Secretary of State shall consult the MMO before giving consent to the transfer or grant to another person of the whole of the benefit of the provisions of the deemed marine licences.

(5) Where the undertaker has transferred any benefit and/or a deemed marine licence, or for the duration of any period during which the undertaker has granted any benefit and/or a deemed marine licence, under paragraph (1) or (3)—

(a) the benefit and/or a deemed marine licence transferred or granted (“the transferred benefit”) shall include any rights that are conferred, and any obligations that are imposed, by virtue of the provisions to which the benefit relates;

(b) the transferred benefit shall reside exclusively with the transferee or, as the case may be, the lessee and the transferred benefit shall not be enforceable against the undertaker.

(6) This paragraph applies to any provision of this Order and its related statutory rights where—

(a) the transferee or lessee is the holder of a licence under section 6 of the Electricity Act 1989(1); or

(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—

(i) no such claims have been made,

(ii) any such claim has been made and has been compromised or withdrawn,

(iii) compensation has been paid in final settlement of any such claim,

(iv) payment of compensation into court has taken place in lieu of settlement of any such claim; or

(v) it has been determined by a tribunal or court of competent jurisdiction in respect of any such claim that no compensation shall be payable.

(7) Where paragraph (6) applies—

(a) the undertaker shall provide written notification of any transfer and/or grant of any benefit under paragraph (1), to the Secretary of State; and

(b) the undertaker shall provide written notification of any transfer and/or grant of any deemed marine licence under paragraph (3), to the MMO.

(8) The provisions of articles 10 (street works), 11 (temporary stopping up of streets), 19 (compulsory acquisition of land), 21 (compulsory acquisition of rights), 27 (temporary use of land for carrying out the authorised project) and 28 (temporary use of land for maintaining the authorised project) shall have effect only for the benefit of the named undertaker and a person who is a transferee or lessee and is also—

(a) in respect of Work Nos. 3B to 27 a person who holds a licence under the Electricity Act 1989, or

(b) in respect of functions under article 10 (street works) relating to a street, a street authority.

Commencement Information

I1 Art. 5 in force at 28.11.2014, see art. 1

(1)

1989 c. 29. Subsection 6(2A) was inserted by sections 145(1) and (6) of the Energy Act 2004 (c. 20).