Infrastructure Bill (HL Bill 2)

may buy through the right to buy.

(3) The regulations may require the designated promoter or facility operator to
conduct the purchase procedure.

(4) The purchase procedure must identify the period of time during which
5stakes in a qualifying facility may be applied for (the “application period”).

(5) The purchase procedure must secure that the application period does not
begin until after planning consent has been given for the development of the
qualifying facility.

(6) Here “planning consent” means whichever of the following is, or are,
10needed for that facility to be developed—

(a) development consent under the Planning Act 2008;

(b) planning permission under Part 3 of the Town and Country Planning
Act 1990;

(c) a marine licence under the Marine and Coastal Access Act 2009;

(d) 15consent of the Scottish Ministers under section 36 of the Electricity
Act 1989;

(e) planning permission under the Town and Country Planning
(Scotland) Act 1997;

(f) a marine licence under Part 4 of the Marine (Scotland) Act 2010.

20Excessive or insufficient take-up

12 (1) Right to buy regulations may make provision (including provision relating
to the allocation of stakes)—

(a) about cases where applications made in the application period
exceed the available stakes, and

(b) 25about cases where applications made in the application period do
not exceed the available stakes.

(2) Provision about cases where applications made in the application period do
not exceed the available stakes may—

(a) provide for the right to buy to be modified or to cease to apply;

(b) 30identify a subsequent period of time (a “secondary period”) during
which the right to buy is to be exercisable.

(3) If right to buy regulations identify a secondary period, the regulations may
make, in relation to the secondary period, any provision of the kinds
mentioned in sub-paragraphs (1) and (2)(a) that may be made in relation to
35the application period.

(4) The power under section 29 to make different provision in community
electricity right regulations for different purposes includes power to make
provision relating to secondary periods that is different from provision
relating to application periods.

(5) 40The provision that may differ includes provision about—

(a) the community in which a land-based facility is located or adjacent
to which an offshore facility is located;

(b) the individuals resident in a community or the groups connected
with a community who may exercise the right to buy.

(6) 45In this paragraph—

Infrastructure BillPage 81

• “application period” has the meaning given in paragraph 11;

• “applications” means applications for stakes in a qualifying facility;

• “available stakes” means the stakes in a qualifying facility that are
  available to be bought through the right to buy.

5Subsequent disposal of a stake

13 (1) Right to buy regulations may make provision about the disposal of a stake
in a qualifying facility after it has been bought through the right to buy
(whether the disposal is by a person who bought the stake through the right
to buy or by a person who has subsequently acquired it).

(2) 10The regulations may impose restrictions or prohibitions on the disposal of a
stake.

(3) The regulations may impose duties to dispose of a stake in a case where the
holder ceases to be—

(a) an individual resident in a community, or

(b) 15a body connected with a community.

(4) A restriction or prohibition may limit or prevent the disposal of a stake
except to an individual or body who—

(a) would have been able to buy the stake at the time when the right to
buy was originally exercisable, or

(b) 20would be able to buy the stake at the time of the disposal, were the
right to buy exercisable at that time.

Part 2 Operators, ownership & related matters

“Operator and ownership regulations”

14 25In this Schedule “operator and ownership regulations” means regulations
under subsection (2) of section 26.

Bodies that may be facility operators

15 If operator and ownership regulations specify two or more kinds of bodies
which may be a facility operator, the regulations may make provision about
30which kind of body may own which kind of facility in which circumstances.

Constitutions of facility operators

16 (1) Operator and ownership regulations may require the constitution of a
facility operator to be in accordance with provision specified in the
regulations.

(2) 35In the case of a facility operator that is a company, the regulations may
require the constitution of the company to be in accordance with provision
about—

(a) the voting rights attached to, or other characteristics of, shares in the
company;

(b) 40the issuing of new shares in the company.

Ownership of facility operators

17 (1) Operator and ownership regulations may make provision about the
ownership of facility operators.

(2) The regulations may—

(a) 5impose limitations on who may own a facility operator;

(b) require the owners of a facility operator to consist of, or include, one
or more persons of a kind specified in the regulations.

Conduct of owners of facility operators

18 (1) Operator and ownership regulations may make provision about the conduct
10of the owners of facility operators.

(2) The regulations may impose duties, restrictions or prohibitions in relation to
the exercise of rights or powers of owners (including a right or power to
exercise a vote attached to a share).

Revenues

19 (1) 15Operator and ownership regulations may make provision about the
treatment of the revenues earned by a qualifying facility.

(2) The regulations may restrict or prohibit the making of arrangements
affecting the destination of the revenues.

Part 3 20Information

“Information regulations”

20 In this Schedule “information regulations” means regulations under
subsection (3) of section 26.

Particular kinds of information

21 25Information regulations may make provision about the supply of—

(a) financial information relating to a renewable electricity generation
facility;

(b) information relating to electricity generation at a renewable
electricity generation facility.

30Possible buyers of stakes

22 Information regulations may make provision about the supply of
information by, or to, individuals and groups who are, or may be, interested
in exercising the right to buy (were it available to them).

Prospective buyers of stakes

23 35Information regulations may make provision about the supply of
information by, or to, individuals and groups who are entitled to exercise the
right to buy.

Applicants for stakes

24 Information regulations may make provision about the supply of
information by, or to, individuals and groups who are exercising the right to
buy.

5Owners of stakes

25 Information regulations may make provision about the supply of
information by, or to, individuals and groups who hold—

(a) stakes which they have bought through the right to buy, or

(b) stakes which they have acquired after their sale through the right to
10buy.

Part 4 Supplementary

Interpretation

26 In this Schedule—

• 15“body” means an incorporated or unincorporated body of persons;

• “company” includes any other kind of incorporated body;

• “designated promoter”, in relation to a renewable electricity generation
  facility, means the promoter identified in accordance with
  regulations under paragraph 4;

• 20“shares” includes any other instrument by which a person holds an
  interest in the equity of an incorporated body;

• “total installed capacity”, in relation to a renewable electricity
  generation facility, means the maximum capacity at which the
  facility could be operated for a sustained period without causing
  25damage to it.