The Dogger Bank South East and West Offshore Wind Farms Order 2026

5 Benefit of the Order

(1) Subject to this article, the provisions of this Order have effect solely for the benefit of the undertaker. (2) Subject to paragraphs (6), (7) and (8) the undertaker may with the written 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 (excluding the deemed marine licences referred to in paragraph (3) below) and such related statutory rights as may be agreed between the undertaker and the transferee; and (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 the Order (excluding the deemed marine licences referred to in paragraph (3) below) and such related statutory rights as may be so agreed, except where paragraph (8) applies, in which case no consent of the Secretary of State is required. (3) Subject to paragraph (5), the undertaker may with the written consent of the Secretary of State— (a) where an agreement has been made in accordance with paragraph (2)(a), transfer to the transferee the whole of any deemed marine licences granted under Schedules 10 to 14A of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; or (b) where an agreement has been made in accordance with paragraph (2)(b), grant to the lessee, for the duration of the period mentioned in paragraph (2)(b), the whole of any of the deemed marine licences granted under Schedule 10 to 14A of this Order and such related statutory rights as may be so agreed, except where paragraph (8) applies, in which case no consent of the Secretary of State is required. (4) Where an agreement has been made in accordance with paragraph (2) or (3) references in this Order to the undertaker, except in paragraphs (7), (9) and (12), is to include references to the transferee or lessee. (5) The undertaker must consult the Secretary of State before making an application for consent under this article by giving notice in writing of the proposed application. (6) On receipt of a request under paragraph (3) the Secretary of State must consult the MMO before giving consent to the transfer of the benefit of the whole of any deemed marine licences. (7) Where the undertaker has transferred any benefit, or for the duration of any period during which the undertaker has granted any benefit, under paragraph (2) or (3)— (a) the benefit transferred or granted (“the transferred benefit”) is to include any rights that are conferred, and any obligations that are imposed, by virtue of the provisions to which the benefit relates; (b) the transferred benefit is to reside exclusively with the transferee or, as the case may be, the lessee, and the transferred benefit shall not be enforceable against the undertaker save in the case of a deemed marine licence transferred or granted in respect of any breach of an obligation by the undertaker which occurs prior to such transfer or grant or which occurs as a result of any activity carried out by the undertaker on behalf of the transferee; and (c) the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (2) or (3) 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. (8) The consent of the Secretary of State is required for the exercise of powers under paragraph (2) or (3) except where— (a) the transferee or lessee is the holder of a licence under section 6 (licences authorising supply, etc.) of the 1989 Act; (b) the transferee or lessee is Northern Powergrid (Yorkshire) PLC (company number 04112320, whose registered office is at Lloyds Court, 78 Grey Street, Newcastle Upon Tyne, NE1 6AF) for the purpose of undertaking Work No. 22A or 22B; or (c) the time limits for claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and— (i) no such claims have been made; (ii) any such claim has been made and has been compromised or withdrawn; (iii) compensation has been paid in final settlement of any such claim; (iv) payment of compensation into court has taken place in lieu of settlement of any such claim; or (v) it has been determined by a tribunal or court of competent jurisdiction in respect of any such claim that no compensation shall be payable. (9) 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, to the MMO and the relevant planning authority. (10) A notice required under paragraphs (5) and (9) must— (a) state— (i) the name and contact details of the person to whom the benefit of the provisions will be transferred or granted; (ii) subject to paragraph (11), the date on which the transfer will take effect; (iii) the provisions to be transferred or granted; (iv) the restrictions, liabilities and obligations that, in accordance with paragraph (7)(c), will apply to the person exercising the powers transferred or granted; and (v) where paragraph (8d) does not apply, confirmation of the availability and adequacy of funds for compensation associated with the compulsory acquisition of the Order land; (b) be accompanied by— (i) where relevant, a plan showing the works or areas to which the transfer or grant relates; and (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. (11) The date specified under paragraph (10)(a)(ii) in respect of a notice served in respect of paragraph (9) must not be earlier than the expiry of fourteen days from the date of the Secretary of State’s receipt of the notice. (12) The notice given under paragraph (9) 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. (13) The provisions of articles 8 (street works), 10 (temporary closure of streets), 20 (compulsory acquisition of land), 22 (compulsory acquisition of rights), 30 (temporary use of land for carrying out the authorised project) and 31 (temporary use of land for maintaining the authorised project) shall have effect only for the benefit of the undertaker and a person who is a transferee or lessee who is also— (a) in respect of Work Nos. 10A to 34A and 10B to 34B, a person who holds a licence under the 1989 Act; or (b) in respect of functions under article 8 relating to streets, a street authority. (14) Section 72(7) and (8) (variation, suspension, revocation and transfer) of the 2009 Act do not apply to a transfer of grant of the whole of the benefit of the provisions of any deemed marine licences to another person by the undertaker pursuant to an agreement under paragraph (3) of this article save that the MMO may amend any deemed marine licence granted under Schedule 10 (Deemed Marine Licence 1: DBS East Project Offshore Generation – Work Nos. 1A, 4A and 7A), Schedule 11 (Deemed Marine Licence 2: DBS West Project Offshore Generation – Work No. 1B, 4B and 7B), Schedule 12 (Deemed Marine Licence 3: DBS East Project Offshore Transmission – Work Nos. 2A, 3A, 5A, 7A and 8A), Schedule 13 (Deemed Marine Licence 4: DBS West Project Offshore Transmission – Work Nos. 2B, 3B, 5B, 7B and 8B), Schedule 14 (Deemed Marine Licence 5: DBS East Project Offshore Transmission – Work Nos. 5A and 7A), and Schedule 14A (Deemed Marine Licence 6: DBS West Project Offshore Transmission – Work Nos. 5B and 7B) of the Order to correct the name of the undertaker to the name of a transferee or lessee under this article 5 (Benefit of the Order).