PART 2PRINCIPAL POWERS
Transfer of benefit of Order
article 8 8.—(1) The undertaker may transfer to CWRP Relocation Limited any or all of the benefit of the provisions of this Order (save for the powers of compulsory acquisition in articles 26 (compulsory acquisition of land), 28 (compulsory acquisition of rights and imposition of restrictive covenants), 29 (acquisition of subsoil only), 30 (acquisition of land limited to subsoil lying more than 7 metres beneath surface)) and such related rights for such period as may be necessary for the construction, operation, use or maintenance of the authorised development as may be agreed between the undertaker and CWRP Relocation Limited.
(2) Notwithstanding any transfer under paragraph (1) the undertaker may with the consent of the Secretary of State—
article 8 2 a (a)term the transferee 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; and
article 8 2 b (b)term the lessee 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 a transfer has been made or a lease has been granted in accordance with paragraph (1) or (2) references in this Order to the undertaker, except in paragraph (1), include references to CWRP Relocation Limited or the transferee or lessee.
(4) The exercise by a person of any benefits or rights conferred in accordance with any transfer under paragraph (1) or (2) shall—
article 8 4 a (a)be subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by Anglian Water Services Limited; and
article 8 4 b (b)not prevent Anglian Water Services Limited benefitting from those provisions of this Order notwithstanding that those provisions may also benefit CWRP Relocation Limited, the transferee or lessee.
(5) The undertaker must—
article 8 5 a (a)consult the Secretary of State before making an application for consent under paragraph (2) of this article by giving notice in writing of the proposed application; and
article 8 5 b (b)prior to any transfer or grant under this article taking effect the undertaker must give notice in writing to the Secretary of State, and if such transfer or grant relates to the exercise of powers in their area, the relevant planning authority.
(6) A notice under paragraph (5) must—
article 8 6 a (a)state—
article 8 6 a i (i)the name and contact details of the person to whom the benefit of the provisions will be transferred or granted;
article 8 6 a ii (ii)subject to paragraph (7), the date on which the transfer will take effect;
article 8 6 a iii (iii)the provisions to be transferred or granted;
article 8 6 a iv (iv)the restrictions, liabilities and obligations that, in accordance with paragraph (4)(a), apply to the person exercising the powers transferred or granted; and
article 8 6 a v (v)where the provisions to be transferred or granted include any or all of the benefit of the powers of compulsory acquisition in articles 26, 28, 29 or 30 confirmation of the availability and adequacy of funds for compensation associated with the compulsory acquisition of the Order land; and
article 8 6 b (b)be accompanied by—
article 8 6 b i (i)where relevant, a plan showing the works or areas to which the transfer or grant relates; and
article 8 6 b ii (ii)a copy of the document effecting the transfer or grant signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted.
(7) The date specified under paragraph (6)(a)(ii) in respect of a notice served in respect of paragraph 5(b) must not be earlier than the expiry of 14 days from the date of the receipt of the notice.
(8) The notice given under paragraph 5(b) must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notice.