The A160/A180 (Port of Immingham Improvement) Development Consent Order 2015

Consent to transfer benefit of Order

7.—(1) The Secretary of State 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 Secretary of State and the transferee; or

(b) grant to another person (“the lessee”) for a period agreed between the Secretary of State 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 Secretary of State, except in paragraph (3) or where the reference is to a consenting function of the Secretary of State, includes 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 Secretary of State.

(4) The consent of the Secretary of State is required for a transfer or grant under this article, except where the transfer or grant is made to—

(a) Northern Powergrid for the purposes of undertaking Work Nos. 9 and 11;

(b) Anglian Water for the purposes of undertaking Work Nos. 10 and 12;

(c) Vitol Power Immingham for the purposes of undertaking Work No. 14;

(d) National Grid Gas plc for the purposes of undertaking Work Nos. 15 and 16;

(e) E.ON UK Gas Limited for the purposes of undertaking Work No. 17;

(f) Heron Wind Limited for the purposes of undertaking Work No. 18; or

(g) Air Products (BR) Limited for the purposes of undertaking Work No. 30.