The East Anglia ONE Offshore Wind Farm Order 2014

Benefit of the Order

5.—(1) Subject to paragraphs (2) and (3), the undertakers 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 (2) below) and such related statutory rights as may be agreed between the undertakers and the transferee;

(b)grant to another person (“the lessee”) for a period agreed between the undertakers and the lessee any or all of the benefit of the provisions of this Order (excluding the deemed marine licences referred to in (2) below) and such related statutory rights as may be so agreed.

(2) The undertakers may with the written consent of the Secretary of State—

(a)where an agreement has been made in accordance with paragraph 5(a), transfer to the transferee the whole of the deemed generation assets marine licence and/or the whole of the deemed transmission assets marine licence and such related statutory rights as may be agreed between the undertakers and the transferee; or

(b)where an agreement has been made in accordance with paragraph 5(b), grant to the lessee the whole of the deemed generation assets marine licence and/or the whole of the deemed transmission assets marine licence and such related statutory rights as may be so agreed.

(3) The Secretary of State shall consult the MMO before giving consent to the transfer or grant to another person of the whole of the benefit of the provisions of the deemed marine licences.

(4) Where paragraph (7) applies no consent of the Secretary of State shall be required.

(5) Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertakers, except in paragraph (8), shall include references to the transferee or lessee.

(6) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) shall be subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertakers.

(7) Where an agreement has been made in accordance with paragraph (1)—

(a)the benefit (“the transferred benefit”) shall 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 shall reside exclusively with the transferee or, as the case may be, the lessee and the transferred benefit shall not be enforceable against the undertakers save in the case of a deemed marine licence transferred or granted in respect of any breach of an obligation by the undertakers which occurs prior to such transfer or grant or which occurs as a result of any activity carried out by the undertakers on behalf of the transferee.

(8) This paragraph applies where—

(a)the transferee or lessee is a person who holds a licence under the Electricity Act 1989; or

(b)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) The provisions of article 8 (street works), article 10 (temporary stopping up of streets), article 15 (compulsory acquisition of land), article 17 (compulsory acquisition of rights), article 23 (temporary use of land for carrying out the authorised project) and article 24 (temporary use of land for maintaining the authorised project) shall have effect only for the benefit of the named undertakers and a person who is a transferee or lessee and is also—

(a)in respect of Works No. 3B to 41 a person who holds a licence under the Electricity Act 1989; or

(b)in respect of functions under article 8 (street works) relating to a street, a street authority.

(10) Where paragraph (8) applies the undertakers shall provide written notification to the Secretary of State prior to transferring and/or granting any benefit under paragraph (1).