Consent to transfer benefit of Order
7.—(1) Subject to paragraph (4) 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 a transfer or grant has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (3), include 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) 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 Kemsley CHP Limited (and in circumstances where Kemsley CHP Limited is a wholly owned subsidiary of E.ON) or to a licence holder within the meaning of section 64(1) of the Electricity Act 1989(1).
(5) Where the consent of the Secretary of State is not required under paragraph (4) the undertaker must provide written notification to the Secretary of State and the relevant planning authority at least 14 days prior to transferring and/or granting any benefit under paragraph (1).
1989 c. 29. Section 6 was amended by section 30 of the Utilities Act 2000 (c. 27), and section 6(10) amended by section 89(3) of the Energy Act 2004 (c. 20). There are other amendments to the section that are not relevant to this Order.