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6.—(1) Subject to this article, the provisions of this Order have effect solely for the benefit of the undertaker.
(2) Subject to paragraph (3), 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 and such related statutory rights as may be agreed between the undertaker and the transferee; and
(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 except where paragraph (8) applies, in which case the consent of the Secretary of State is not required.
(3) Where an agreement has been made in accordance with paragraph (2) references in this Order to the undertaker, will include references to the transferee or lessee.
(4) The undertaker must consult the Secretary of State before making an application for consent under this article by giving notice in writing of the proposed application.
(5) Where the undertaker has transferred any benefit, or for the duration of any period during which the undertaker has granted any benefit, under paragraph (1).
(a)the benefit transferred or granted (“the transferred benefit”) includes 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 resides exclusively with the transferee or, as the case may be, the lessee and the transferred benefit is not enforceable against the undertaker; and
(c)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.
(6) The consent of the Secretary of State is required for the exercise of powers under paragraph (2) except where—
(a)the transferee or lessee is the holder of a licence under section 6 (licences authorising supply, etc.) of the 1989 Act; 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(ii)any such claim has been made and has been compromised or withdrawn;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 is payable.
(7) Prior to any transfer or grant under this article taking effect, whether or not the consent of the Secretary of State is required, the undertaker must give notice in writing to the Secretary of State, and if such transfer or grant relates to the exercise of powers in their area, to the relevant planning authority.
(8) The notice required under paragraphs (4) and (7) must—
(a)state—
(i)the name and contact details of the person to whom the benefit of the provisions will be transferred or granted;
(ii)subject to paragraph (9), the date on which the transfer will take effect;
(iii)the provisions to be transferred or granted;
(iv)the restrictions, liabilities and obligations that, in accordance with paragraph (5)(c), will apply to the person exercising the powers transferred or granted; and
(v)where paragraph (6) does not apply, confirmation of the availability and adequacy of funds for compensation associated with the compulsory acquisition of the Order land.
(b)be accompanied by—
(i)where relevant, a plan showing the works or areas to which the transfer or grant relates; and
(ii)a copy of the document effecting the transfer or grant signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted.
(9) The date specified under paragraph (8)(a)(ii) in respect of a notice served in respect of paragraph (7) must not be earlier than the expiry of fourteen days from the date of the receipt of the notice.
(10) The notice given under paragraph (7) must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notice.
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