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reg 45

Assignment of access agreements

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45 Assignment of access agreements

(1)

A user must not —

(a)

assign, novate, declare itself a trustee of, or otherwise dispose of, any of its rights under an access agreement or a grant of access under clause 2 of Schedule 5 to the Act (as in force before the repeal of that Schedule by the Electricity Transmission and Distribution Systems (Repeal and Related Provisions) Regulations 2007);

(b)

subcontract the performance of its obligations under an access agreement or a grant of access under clause 2 of Schedule 5 to the Act (as in force before the repeal of that Schedule by the Electricity Transmission and Distribution Systems (Repeal and Related Provisions) Regulations 2007);

(c)

create an encumbrance over any of its rights or obligations under an access agreement or a grant of access under clause 2 of Schedule 5 to the Act (as in force before the repeal of that Schedule by the Electricity Transmission and Distribution Systems (Repeal and Related Provisions) Regulations 2007),

without the prior written consent of a corporation (such consent not to be unreasonably withheld).

(2)

Prior to giving any consent under this regulation, a corporation may require any assignee or person having the benefit of an encumbrance to enter into documents in form and substance satisfactory to the corporation agreeing to be bound by the terms of the access agreement.

(3)

A corporation may assign all of its rights and obligations under an access agreement to any person who may own or operate all or any part of the electricity transmission network.

[Regulation 45 amended: Gazette 31 Mar 2006 p. 1338-40; 26 Jun 2007 p. 3024.]

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