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The Ouseburn Barrage Order 2007
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Power to transfer undertaking
50.—(1) The Council may, with the consent of the Secretary of State—
(a)transfer to another person (“the transferee”) its right to construct, maintain, use or operate the authorised works (or any part of them) and such related statutory rights as may be agreed between the Council and the transferee; or
(b)grant to another person (“the lessee”) for a period agreed between the Council and the lessee the right to construct, maintain, use or operate the authorised works (or any part of them) and such related statutory rights as may be so agreed.
(2) Where an agreement has been made by virtue of paragraph (1) references in this Order to the Council shall include references to the transferee or the lessee.
(3) The exercise of the powers conferred by any enactment by any person in pursuance of any transfer or grant under paragraph (1) shall be subject to the same restrictions, liabilities and obligations as would apply under this Order if those powers were exercised by the Council.
(4) Subject to paragraph (5), the Council shall not under this article transfer or lease any rights conferred by Part 5—
(a)in so far as such rights relate to the Ouseburn lying within the limits of the Port Authority as defined in the Port of Tyne Reorganisation Scheme 1967(1), without the consent in writing of the Port Authority, such consent not to be unreasonably withheld; and
(b)without informing the Environment Agency.
(5) The Council shall not under this article transfer or lease any rights conferred by article 44 (byelaws).
(1)
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