PART 2PRINCIPAL POWERS
Consent to transfer benefit of Order
article 8 8.—(1) Subject to paragraph (4), the undertaker may with the written consent of the Secretary of State—
article 8 1 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; or
article 8 1 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.
(2) Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (3), includes 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 and, for those purposes, references to National Highways Limited in any document certified by the Secretary of State for the purposes of this Order are to be construed as references to a transferee or lessee under paragraph (1) in the appropriate contexts to ensure such restrictions, liabilities and obligations apply.
(4) The consent of the Secretary of State is not required under this article where the transfer or grant of any or all of the benefits of the provisions and such related statutory rights as may be agreed (excluding any liability to pay compensation in respect of the acquisition of land or rights which remains with the undertaker) is made to the following bodies in respect of works relating to their undertaking—
article 8 4 a (a)Anglian Water Services Limited (company number 02366656, whose office is at Lancaster House Lancaster Way, Ermine Business Park, Huntingdon, Cambridgeshire, United Kingdom, PE29 6XU) in respect of Works Nos. MU27, MU30, MU32, MU34, MU36, MU38, MU40, MU42, MU43, MU44, MU47, MU51, MU55, MU56, MU57, MU58, MU60, MU66, MU69, MU79, MU83, MUT8, MUT9, MUT12, MUT18, MUT20, MUT21, MUT22, MUT23, MUT27, MUT28, MUT29, or MUT32;
article 8 4 b (b)Cadent Gas Limited (company number 10080864, whose registered office is at Pilot Way, Ansty, Coventry, England, CV7 9JU) (or a related subsidiary company) in respect of Works Nos. G5, G6, G6a, G6b, G7, G10, MU35, MU40, MU42, MU43, MU44, MU47, MU51, MU55, MU60, MU61, MU62, MU64, MU66, MU69, MU71, MU76, MU79, MU88, MU89, MU90, MU91, MUT11, MUT30, ULH01, ULH02, ULH05, ULH06, or ULH10;
article 8 4 c (c)Essex and Suffolk Water Limited (company number 02635436, whose registered office is at Northumbria House, Abbey Road, Pity Me, Durham, DH1 5FJ) in respect of Works Nos. MU27, MU29, MU35, MU36, MU37, MU40, MU42, MU43, MU44, MU46, MU47, MU51, MU55, MU60, MU66, MU69, MU72, MU76, MU77, MU79, MU91, MUT6, MUT9, MUT15, MUT17, MUT20, MUT21, MUT22, MUT23, MUT24, MUT27, MUT29, MUT30, MUT31, or MUT32;
article 8 4 d (d)HS1 Limited (company number 03539665, whose registered office is at 5th Floor, Kings Place, 90 York Way, London, England, N1 9AG) in respect of Works Nos. 2E, MU3, MU5, MU6, MU8, MU9; OH1, or OHT1;
article 8 4 e (e)National Grid Electricity Transmission Plc (company number 02366977, whose registered office is at 1-3 Strand, London, WC2N 5EH) in respect of Works Nos. OH1, OH4, OH6, OH7, OHT1, OHT2, OHT4, OHT5, OHT6, OHT7, OHT8, ULH04, ULH07, ULH08, ULH09, ULH11, ULH12, or ULH15;
article 8 4 f (f)National Gas Transmission Plc (company number 02006000, whose registered office is at National Grid House, Warwick Technology Park, Gallows Hill, Warwick, CV34 6DA) in respect of Works Nos. G2, G3, G4, ULH13, or ULH14;
article 8 4 g (g)Network Rail Infrastructure Limited (company number 02904587, whose registered office is at Waterloo General Office, London, United Kingdom, SE1 8SW) in respect of Works Nos. 4B,5C, 9D, 9E, 9M, MU28, MU29, MU72, MU73, MU75, MU76, MUT6, MUT8, OH4, or OHT2;
article 8 4 h (h)Southern Gas Networks Plc (company number 05167021, whose registered office is at St Lawrence House, Station Approach, Horley, Surrey, RH6 9HJ) in respect of Works Nos. G1a, G1b, MU5, MU16, MU20, MU22, MU23, or ULH16;
article 8 4 i (i)Southern Water Limited (company number 02366620, whose registered office is at Southern House, Yeoman Road, Worthing, West Sussex, BN13 3NX) in respect of Works Nos. MU2, MU4, MU5, MU8, MU9, MU10, MU12, MU16, MU18, MU20, MU22, MU23, MU24, MU26, MUT1, or MUT3;
article 8 4 j (j)Thames Water Limited (company number 02366623, whose registered office is at Clearwater Court, Vastern Road, Reading, Berkshire, RG1 8DB) in respect of Works Nos. MU76, MUT30, or MUT31;
article 8 4 k (k)UK Power Networks Holdings Limited (company number 7290590, whose registered office is at Newington House, 237 Southwark Bridge Road, London, SE1 6NP) in respect of Works Nos. OH2, OH3, OH5, OH8, OHT3, MU1, MU5, MU6, MU7, MU9, MU10, MU11, MU12, MU13, MU14, MU15, MU16, MU17, MU18, MU19, MU20, MU21, MU22, MU25, MU27, MU28, MU30, MU31, MU33, MU35, MU36, MU39, MU40, MU41, MU42, MU43, MU44, MU45, MU47, MU48, MU49, MU50, MU51, MU52, MU53, MU55, MU56, MU57, MU58, MU59, MU60, MU62, MU63, MU65, MU66, MU67, MU68, MU69, MU70, MU73, MU74, MU75, MU76, MU77, MU78, MU80, MU81, MU82, MU84, MU85, MU86, MU87, MU91, MU92, MUT1, MUT2, MUT3, MUT4, MUT5, MUT7, MUT10, MUT13, MUT14, MUT16, MUT19, MUT20, MUT21, MUT25, MUT26, MUT29, MUT30, MUT31, or MUT32;
article 8 4 l (l)Airwave Solutions Limited (company number 03985643, whose registered office is at Nova South, 160 Victoria Street, London, United Kingdom, SW1E 5LB) in respect of Work No. MU10;
article 8 4 m (m)British Telecommunications Plc (company number 01800000, whose registered office is at 1 Braham Street, London, United Kingdom, E1 8EE) in respect of Works Nos. MU1, MU3, MU5, MU7, MU9, MU10, MU12, MU16, MU18, MU20, MU22, MU23, MU27, MU30, MU35, MU36, MU39, MU40, MU42, MU43, MU44, MU45, MU46, MU47, MU51, MU52, MU53, MU55, MU56, MU57, MU58, MU60, MU62, MU63, MU66, MU68, MU76, MU80, MU82, MU85, MU88, MU89, MU90, MU91, MUT1, MUT19, or MUT30;
article 8 4 n (n)Openreach Limited (company number 10690039, whose registered office is at Kelvin House, 123 Judd Street, London, WC1H 9NP) in respect of Works Nos. MU1, MU3, MU5, MU7, MU9, MU10, MU12, MU16, MU18, MU20, MU22, MU23, MU27, MU30, MU35, MU36, MU39, MU40, MU42, MU43, MU44, MU45, MU46, MU47, MU51, MU52, MU53, MU55, MU56, MU57, MU58, MU60, MU62, MU63, MU66, MU68, MU76, MU80, MU82, MU85, MU88, MU89, MU90, MU91, MUT1, MUT3, MUT9, MUT15, MUT17, MUT19, MUT20, MUT21, MUT22, MUT27, MUT29, MUT30, MUT31, or MUT32;
article 8 4 o (o)Virgin Media Limited (company number 02591237, whose registered office is at 500 Brook Drive, Reading, United Kingdom, RG2 6UU) in respect of Works Nos. MU9, MU12, MU16, MU18, MU20, MU22, MU23, MU27, MU35, MU36, MU39, MU40, MU42, MU43, MU44, MU47, MU51, MU52, MU60, MU66, MU68, MUT1, or MUT4;
article 8 4 p (p)Vodafone Limited (company number 01471587, whose registered office is at Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN) in respect of MU9, MU12, MU16, MU18, MU20, MU22, MU23, MU27, MU35, MU36, MU39, MU40, MU42, MU43, MU44, MU47, MU51, MU52, MU60, MU66, MU68, MU80, MU85, MU88, MU89, MU90, MU91, or MUT1;
article 8 4 q (q)Lumen Technologies UK Limited (company number 02495998, whose registered office is at 260-266 Goswell Road, London, England, EC1V 7EB) in respect of MU39, MU40, MU47, MU54, MU60, or MUT20;
article 8 4 r (r)Cellnex UK Limited (company number 05153745, whose registered office is at R+, 4th Floor, 2 Blagrave Street, Reading, United Kingdom, RG1 1AZ) in respect of MU10, MU27, MU39, MU40, or MU87;
article 8 4 s (s)Verizon UK Limited (company number 02776038, whose registered office is at Reading International Business Park, Basingstoke Road, Reading, Berkshire, RG2 6DA) in respect of Works Nos. MU39, MU40, MU47, MU54, MU60, or MUT20;
article 8 4 t (t)Zayo Group UK Limited (company number 03726666, whose registered office is at 100 New Bridge Street, London, England, EC4V 6JA) in respect of MU47, MU51, MU52, MU54, MU60, or MUT20;
article 8 4 u (u)GTT – EMEA Ltd (company number 03580993, whose registered office is at 3rd Floor New Castle House, Castle Boulevard, Nottingham, United Kingdom, NG7 1FT) in respect of Works Nos. MU39, MU40, MU42, MU47, MU54, MU60, MU85, or MUT20;
article 8 4 v (v)EUNetworks Fiber UK Limited (company number 04840874, whose registered office is at 5 Churchill Place, London, England, E14 5HU) in respect of Work No. MU80;
article 8 4 w (w)NextGenAccess Ltd (company number 08689426, whose registered office is at 6600 Cinnabar Court, Daresbury Park, Daresbury, Warrington, England, WA4 4GE) in respect of Works Nos. MU40, MU42, MU43, MU44, MU45, MU46, MU47, MU51, MU52, MU53, MU55, MU56, MU57, MU58, MU60, or MUT20;
article 8 4 x (x)Port of Tilbury London Limited (company number 02876001, whose registered office is at Leslie Ford House, Tilbury, Essex, RM18 7EH) in respect of Works Nos. MU27, MU28, MUT4, or MUT5; and
article 8 4 y (y)Thurrock Flexible Generation Limited (company number 10917470, whose registered office is at 1st Floor, 145 Kensington Church Street, London, England, W8 7LP) in respect of Work No. TFGP1.
(5) Without limitation on paragraph (4), the consent of the Secretary of State under this article is not required where the powers of article 28(1) (compulsory acquisition of rights and imposition of restrictive covenants) are, with the consent of the undertaker given under article 28(3), proposed to be exercised by a statutory undertaker rather than by the undertaker.
term associated company (6) References to a registered company named in paragraph (4) are to include any associated company carrying out the same undertaking, and for the purpose of this article “associated company” means any company which is—
article 8 6 a (a)the holding company or a subsidiary of a company named in paragraph (4); or
article 8 6 b (b)another subsidiary of the holding company of a company named in paragraph (4),
within the meaning of section 1159 of the Companies Act 2006(1).
(7) The Secretary of State must consult the MMO before giving consent under paragraph (1) to the transfer or grant to another person of the benefit of the provisions of the deemed marine licence.
(8) References to Works Nos. in paragraph (4) are to be construed so as to include the ancillary works (as set out in Schedule 1 to this Order).