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Power to construct and maintain authorised project 4. The undertaker may, at any time construct and maintain, and maintain from time to time, the


authorised project, except to the extent that this Order or an agreement made under this Order provides otherwise.


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


(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 (excluding the deemed marine licences referred to in (2) below) and such related statutory rights as may be so agreed.


(2) The undertaker 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 undertaker 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 undertaker, 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 undertaker.


(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 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.


(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


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