Assignment of necessary wayleave

10A

1

Subject to the following provisions of this paragraph, a necessary wayleave granted under paragraph 10 shall be capable of being assigned if (and only if)—

a

in the case of a wayleave granted after the coming into operation of Article 64 of the Energy (Northern Ireland) Order 2003, a term to that effect is included in the wayleave;

b

in the case of a wayleave granted before that time, it is designated by the Department on an application made by the relevant licence holder.

2

A necessary wayleave shall not be assigned—

a

without the consent of the Department; or

b

to a person other than a licence holder.

3

The relevant licence holder shall—

a

give notice of an application under sub-paragraph (1)(b) to—

i

the occupier of the land; and

ii

where the occupier is not also the owner of the land, the owner; and

b

send a copy of that notice to the Department, together with the name and address of each person to whom that notice has been given.

4

The notice under sub-paragraph (3) shall—

a

identify the wayleave and state that an application in respect of it has been made to the Department under sub-paragraph (1)(b); and

b

specify a period (not being less than 28 days from the date on which the notice is given) during which representations or objections concerning the application may be made to the Department.

5

Before determining whether to designate a wayleave in pursuance of an application under sub-paragraph (1)(b), the Department shall consider any representations or objections which are duly made as mentioned in sub-paragraph (4)(b) and not withdrawn .

6

The Department shall give notice of its decision on an application under sub-paragraph (1)(b) to—

a

the licence holder; and

b

each person mentioned in sub-paragraph (3)(b).

7

In this paragraph—

• “assign” includes transfer by any means;

• “relevant licence holder”, in relation to a necessary wayleave, means the licence holder to whom the wayleave was granted or to whom it has been assigned.

8

In paragraphs 11 and 12 references to a licence holder include references to a licence holder to whom a wayleave has been assigned.

Assignment of necessary wayleave

10A

1

Subject to the following provisions of this paragraph, a necessary wayleave granted under paragraph 10 shall be capable of being assigned if (and only if)—

a

in the case of a wayleave granted after the coming into operation of Article 64 of the Energy (Northern Ireland) Order 2003, a term to that effect is included in the wayleave;

b

in the case of a wayleave granted before that time, it is designated by the Department on an application made by the relevant licence holder.

2

A necessary wayleave shall not be assigned—

a

without the consent of the Department; or

b

to a person other than a licence holder.

3

The relevant licence holder shall—

a

give notice of an application under sub-paragraph (1)(b) to—

i

the occupier of the land; and

ii

where the occupier is not also the owner of the land, the owner; and

b

send a copy of that notice to the Department, together with the name and address of each person to whom that notice has been given.

4

The notice under sub-paragraph (3) shall—

a

identify the wayleave and state that an application in respect of it has been made to the Department under sub-paragraph (1)(b); and

b

specify a period (not being less than 28 days from the date on which the notice is given) during which representations or objections concerning the application may be made to the Department.

5

Before determining whether to designate a wayleave in pursuance of an application under sub-paragraph (1)(b), the Department shall consider any representations or objections which are duly made as mentioned in sub-paragraph (4)(b) and not withdrawn.

6

The Department shall give notice of its decision on an application under sub-paragraph (1)(b) to—

a

the relevant licence holder; and

b

each person mentioned in sub-paragraph (3)(b).

7

In this paragraph—

• “assign” includes transfer by any means;

• “relevant licence holder”, in relation to a necessary wayleave, means the licence holder to whom the wayleave was granted or to whom it has been assigned.

8

In paragraphs 11 and 12 references to a licence holder include references to a licence holder to whom a wayleave has been assigned.