The Cory Decarbonisation Project Order 2025

10 Consent to transfer benefit of the Order

(1) Except where paragraph (6) applies, the undertaker or, where relevant, the other parties listed in article 9 (benefit of this Order) may, with the consent of the Secretary of State— (a) transfer to another person (“the transferee”) all or any part of the benefit of the provisions of this Order (including any part of the authorised development but excluding the deemed marine licence referred to in paragraph (2) below) 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, all or any part of the benefit of the provisions of this Order (including any part of the authorised development, but excluding the deemed marine licence referred to in paragraph (2) below) and such related statutory rights as may be agreed between the undertaker and the lessee. (2) The undertaker may with the consent of the Secretary of State— (a) where an agreement has been made in accordance with sub-paragraph (1)(a), transfer to the transferee the whole of the deemed marine licence 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 sub-paragraph (1)(b), grant to the lessee the whole of the deemed marine licence and such related statutory rights as may be so agreed. (3) The Secretary of State must consult the MMO before giving consent to the transfer or grant to another person of the whole or any part of the benefit of the provisions of a deemed marine licence and must consult the PLA before giving consent to the transfer or grant to another person of the whole or any part of the benefit of Work No. 4. (4) Where an agreement has been made in accordance with paragraph (1), (2) or (6) references in this Order to the undertaker, except paragraph (5), 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) or (2) 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) This paragraph applies where— (a) the transferee or lessee holds a licence under section 6 (licences authorising supply, etc.) of the Electricity Act 1989; (b) in respect of Work Nos. 1D and 4B only, the transferee or lessee holds a licence under section 7 (power to grant licences) of the Energy Act 2023; (c) in relation to a transfer or lease of any works within a highway, the transferee or lessee is a highway authority responsible for the highways within the Order limits; or (d) the time limits for all 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 claims that have been made have all been compromised or withdrawn; (iii) compensation has been paid in final settlement of any claims made; (iv) payment of compensation into court in lieu of settlement of all such claims has taken place; or (v) it has been determined by a tribunal or court of competent jurisdiction in respect of all claims that no compensation is payable. (7) Where paragraph (6) applies, the undertaker, or, where relevant, the other parties listed in article 9, must notify the Secretary of State in writing before transferring or granting all or any part of the benefit of the provisions of this Order and such related statutory rights referred to in paragraph (1) but such transfer does not require the Secretary of State’s consent. (8) The notification referred to in paragraph (7) must state— (a) the name and contact details of the person to whom the benefit of the powers will be transferred or granted; (b) subject to paragraph (9), the date on which the transfer will take effect; (c) the powers to be transferred or granted; (d) pursuant to paragraph (5), the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted; and (e) where relevant, a plan showing the works or areas to which the transfer or grant relates. (9) The date specified under paragraph (8)(b) must not be earlier than the expiry of five business days from the date of the receipt of the notice. (10) The notice given under paragraph (7) 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. (11) The undertaker must, within 10 business days after entering into an agreement under paragraph (1), (2) or (6) in relation to which any of the benefit of the deemed marine licence or Work No. 4 is to be transferred to another party, notify the Environment Agency, the PLA, and the MMO in writing, and the notice must include particulars of the other party to the agreement under paragraph (1), (2) or (6) and details of the extent, nature and scope of the functions to be transferred or otherwise dealt with which relate to the functions of any of those bodies.