PART 2PRINCIPAL POWERS

Consent to transfer benefit of the Order9.

(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 (including any of the numbered works) and such related statutory rights as may be agreed in writing 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 (including any of the numbered works) and such related statutory rights as may be agreed in writing between the undertaker and the lessee.

(2)

Where an agreement 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 the exercise of the powers in paragraph (1) except where the transferee or lessee is—

(a)

the holder of a licence under section 6 of the Electricity Act 1989 (licences authorising supply, etc.)14;

(b)

in relation to a transfer or lease of utility or other infrastructure connection works, the relevant statutory undertaker or licence holder; or

(c)

in relation to a transfer or lease of any works within a highway, a highway authority responsible for the relevant highway.

(5)

Where the consent of the Secretary of State is not required under paragraph (4) the undertaker must notify the Secretary of State in writing before transferring or granting a benefit referred to in paragraph (1).

(6)

The notification referred to in paragraph (5) must state—

(a)

the name and contact details of the person to whom the benefit of the powers are to be transferred or granted;

(b)

subject to paragraph (7), the date on which the transfer is proposed to take effect;

(c)

the powers to be transferred or granted;

(d)

the restrictions, liabilities and obligations that are to apply to the person exercising the powers transferred or granted under paragraph (3); and

(e)

where relevant, a plan showing the works or areas to which the transfer or grant relates.

(7)

The date specified under paragraph (6)(b) must not be earlier than the expiry of five working days from the date of the receipt of the notice.

(8)

The notice given under paragraph (6) must be signed by the undertaker and the person to whom the benefit of the powers are to be transferred or granted as specified in that notice.

(9)

In this article “relevant statutory undertaker” or “licence holder” means a body—

(a)

who falls within section 127(8) of the 2008 Act (statutory undertakers’ land), is a holder of a licence granted under a statute or other regulatory framework; and

(b)

whose duties under the licence include owning, operating or maintaining utilities and or infrastructure and their connections.