(a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory 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 statutory rights as may be so agreed. 

(2) 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. 

(3) 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. 

(4) The consent of the Secretary of State is required for a transfer or grant under this article, except where the transfer or grant is made to— 

(a) Electricity North West Limited for the purposes of undertaking Work No. 6, 8, 26, 30, 31, 42, 64, 71, 72 and 112; 

(b) United Utilities Group PLC for the purposes of undertaking Work No. 3, 7, 34, 36, 37, 51, 53, 60, 61, 67, 73, 77 and 116; 

(c) British Telecommunications PLC (or a related or subsidiary company) for the purposes of undertaking Work No.15, 24, 32, 33, 65, 75, 81 and 121; 

(d) GTC Infrastructure Limited (or a related or subsidiary company) for the purposes of undertaking Work No. 120; and 

(e) Cadent Gas Ltd for the purposes of undertaking Work No. 16, 27, 54, 69, 76 and 80, 

provided that any transfer or grant under this paragraph (4) must not include the transfer or grant of any benefit of the provisions of Part 5 (powers of acquisition and possession) of this Order without the consent of the Secretary of State. 

## Application of the 1991 Act 

## PART 3 

## STREETS 

9. —(1) Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major highway works if— 

(a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) (which defines what highway authority works are major highway works) of that Act; or 

(b) they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64( a ) (dual carriageways and roundabouts) of the 1980 Act or section 184( b ) (vehicle crossings over footways and verges) of that Act. 

(2) In Part 3 of the 1991 Act, in relation to works which are major highway works by virtue of paragraph (1), references to the highway authority concerned are to be construed as references to the undertaker. 

