PART 2E+W+SPRINCIPAL POWERS

Consent to transfer benefit of OrderE+W+S

9.—(1) Subject to paragraph (4), the undertaker 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 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 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 undertaker, except in paragraph (3), 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 undertaker.

(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)Electricity North West Limited for the purposes of undertaking Work No. 61, 62(i), and 64;

(b)United Utilities Water Limited for the purposes of undertaking Work No. 58, 59, 60, 62(iv) and 65;

(c)Cadent Gas Limited for the purposes of undertaking Work No. 62(iii) and 63; and

(d)British Telecommunications PLC for the purposes of undertaking Work No. 62(ii).

provided that any transfer or grant under this paragraph must not include the transfer or grant of any benefit of the provisions of Part 5 (powers of acquisition and possession) of this Order without the consent of the Secretary of State.

Commencement Information