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The M25 Junction 28 Development Consent Order 2022
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Consent to transfer benefit of OrderE+W
9.—(1) [F1Subject 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 grantee”) for a period agreed between the undertaker and the grantee 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 grantee.
(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 grantee pursuant to this article and the transferee or grantee 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 grantee.
(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—
(a)Cadent (or a related subsidiary company) for the purposes of Work No. 29;
(b)UKPN (or a related subsidiary company) for the purposes of Work No. 30; or
(c)the Environment Agency for the purposes of Work Nos. 23A, 23B, 23C and 23D.
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