Consent to transfer benefit of OrderE+W
9.—(1) Subject to paragraphs (4) and (5), 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) If the benefit of the provisions of this Order relating to compulsory acquisition is transferred or granted to a transferee or lessee pursuant to this article and the transferee or lessee exercises those powers then the undertaker alone is liable for any compensation that is payable to another party as a consequence of the exercise of those powers by the transferee or lessee.
(5) 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—
[F1(za)South Eastern Power Networks plc (company number 03043097, whose registered office is at Newington House, 237 Southwark Bridge Road, London, SE1 6NP) for the purposes of undertaking Work No. 62(a) to (q);]
(a)Southern Gas Networks PLC (company number 5167021, whose registered office is at St Lawrence House, Station Approach, Horley, Surrey, RH6 9HJ) for the purposes of undertaking Work No. 63(a) to 63(e);
(b)Affinity Water Limited (company number 2546950, whose registered office is at Tamblin Way, Hatfield, Hertfordshire, AL10 9EZ) for the purposes of undertaking Work No. 64(a) to 64(k);
(c)British Telecommunications PLC (company number 1800000, whose registered office is at 81 Newgate Street, London, EC1A 7AJ) ) for the purposes of undertaking Work No. 65(a) to 65(f);
(d)Sky Telecommunications Services Limited (company number 2883980, whose registered office is at Grant Way, Isleworth, Middlesex, TW7 5QD) for the purposes of undertaking Work No. 65(g); or
(e)Virgin Media Limited (company number 2591237, whose registered office is at 500 Brook Drive, Reading, RG2 6UU) for the purposes of undertaking Work No. 65(g) and 65(h).
Textual Amendments
F1Art. 9(5)(za) inserted (19.1.2023) by The M25 Junction 10/A3 Wisley Interchange Development Consent (Correction) Order 2023 (S.I. 2023/46), arts. 1, 2(3)
Commencement Information
I1Art. 9 in force at 2.6.2022, see art. 1