The North Blyth Biomass Power Station Order 2013

Benefit of Order

7.—(1) Subject to the terms of this article, the provisions of this Order shall have effect solely for the benefit of the undertaker.

(2) Subject to paragraph (5), the undertaker may with the 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; 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.

(3) Where an agreement has been made in accordance with paragraph (2) references in this Order to the undertaker, except in paragraph (4), shall include references to the transferee or lessee.

(4) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (2) shall be subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.

(5) The provisions of articles 13(1), 16(1), 19(1) and 22 shall have effect only for the benefit of the named undertaker and a person who is a transferee or lessee as is referred to in paragraph (2) and is also—

(a) the transferee or lessee of the land occupied by Work No. 1, and

(b) a person who holds a licence under the Electricity Act 1989(1).

(1)

1989 c.29. Relevant amendments have been made by section 30 of the Utilities Act 2000 (c.27) and section 89 of the Energy Act 2004 (c.20).