The Able Marine Energy Park Development Consent Order 2014
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Change 1
13 Consent to transfer benefit of Order
(1) The undertaker may, with the consent of the Secretary of State— (a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related 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 rights as may be so agreed. (2) The powers of paragraph (1)(a) may only be exercised by the Company or a transferee. (3) A lessee (‘the granting lessee’) may not make a grant under paragraph (1)(b)— (a) for a longer period than the period of the grant to the granting lessee; or (b) conferring any benefit or right that is not conferred by the grant to the granting lessee. (4) 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. (5) 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. (6) Before giving consent under this article, the Secretary of State must consult the harbour master and such other parties as the Secretary of State thinks appropriate.
13 Consent to transfer benefit of Order
(1) The undertaker may, with the consent of the Secretary of State— (a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related 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 rights as may be so agreed. (2) The powers of paragraph (1)(a) may only be exercised by the Company or a transferee. (3) A lessee (‘the granting lessee’) may not make a grant under paragraph (1)(b)— (a) for a longer period than the period of the grant to the granting lessee; or (b) conferring any benefit or right that is not conferred by the grant to the granting lessee. (4) 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. (5) 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. (6) Before giving consent under this article, the Secretary of State must consult the harbour master and such other parties as the Secretary of State thinks appropriate.
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