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SCHEDULE 6
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TRANSITIONAL PROVISIONS AND SAVINGS |
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PART I |
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ELECTRICITY LICENSING |
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Preliminary |
| | 1. - (1) In this Part-
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"commencement date" means the day on which section 27 comes into force; |
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"existing", in relation to a licence under section 6 of the Electricity Act 1989 ("the 1989 Act"), means in force immediately before the commencement date. |
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(2) Terms which are used in this Part and section 6(1) of the 1989 Act as substituted by section 27 of this Act have the same meaning as in that section.
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Individual licences under section 6 of the 1989 Act |
| | 2. - (1) This paragraph applies to existing licences under section 6(1)(c) or (2) of the 1989 Act (licences for public electricity suppliers and other suppliers).
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(2) As soon as practicable after the passing of this Act, but in any event before the commencement date, the Secretary of State shall make one or more schemes providing-
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(a) for each existing licence under section 6(1)(c) to have effect on and after the commencement date as an electricity supply licence; and |
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(b) for each existing licence under section 6(2) to have effect on and after the commencement date as if it were- |
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(i) an exemption from section 4(1)(c) of the 1989 Act granted under section 5 of that Act (exemptions from prohibition); or
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(ii) an electricity supply licence.
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(3) Subject to sub-paragraph (4), a scheme under this paragraph shall provide for each condition which by virtue of section 30(1) is a standard condition for the purposes of an electricity supply licence to be incorporated in any licence to be treated as an electricity supply licence.
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(4) A scheme under this paragraph may provide that any licence to be treated as an electricity supply licence and any licence to be treated as an exemption granted under section 5 of the 1989 Act (including terms and conditions which are to be derived from the existing licence and, in the case of a licence, the standard conditions which would otherwise be incorporated by virtue of sub-paragraph (3)) shall have effect as an electricity supply licence or exemption with-
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(a) such incidental, consequential and supplementary amendments as appear to the Secretary of State to be necessary or expedient; |
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(b) such amendments relating to the revocation or suspension of the licence or exemption as the Secretary of State thinks fit; and |
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(c) such other amendments (if any) as may be agreed between the Secretary of State and the person holding the existing supply licence concerned; |
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and such a scheme may also make such transitional provision as appears to the Secretary of State to be necessary or expedient.
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(5) A scheme under this paragraph may make different provisions for different cases or classes of cases determined by, or in accordance with, the provisions of the scheme.
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| | 3. - (1) The Secretary of State may, before the commencement of section 27, make one or more schemes for securing that, on and after the commencement date, the standard conditions which by virtue of section 30(1) are standard conditions for the purposes of an electricity generation licence or an electricity transmission licence are incorporated in existing licences of that type.
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(2) Subject to sub-paragraph (3), a scheme under this paragraph shall provide-
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(a) for each condition which by virtue of section 30(1) is a standard condition for the purposes of an electricity generation licence; or |
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(b) for each condition which by virtue of section 30(1) is a standard condition for the purposes of an electricity transmission licence, |
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to be incorporated in the existing electricity generation licences or electricity transmission licences to which the scheme relates.
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(3) A scheme under this paragraph may provide that the terms and conditions of any existing licence to which it relates (including the standard conditions which would otherwise be incorporated by virtue of sub-paragraph (2)) shall have effect with-
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(a) such incidental, consequential and supplementary amendments as appear to the Secretary of State to be necessary or expedient; |
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(b) such amendments relating to the revocation or suspension of the licence as the Secretary of State thinks fit; and |
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(c) such other amendments (if any) as may be agreed between the Secretary of State and the holder of the licence; |
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and such a scheme may also make such transitional provision as appears to the Secretary of State to be necessary or expedient.
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(4) A scheme under this paragraph may make different provisions for different cases or classes of cases determined by, or in accordance with, the provisions of the scheme.
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| | 4. - (1) As soon as practicable after making a scheme under paragraph 2 or 3, the Secretary of State shall publish, as respects each different case or class of case-
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(a) the text of any exemption which by virtue of the scheme is to be treated as granted under section 5 of the 1989 Act; and |
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(b) the text of any licence which by virtue of the scheme is to be treated as an electricity supply licence; |
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(c) the text on the commencement date of any existing electricity generation licence or electricity transmission licence to which the scheme relates; |
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and any text so published shall be treated as authoritative unless the contrary is shown.
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(2) It shall be the duty of each holder of a licence under section 6 to provide the Secretary of State with all such information and other assistance as he may require for the purposes of or in connection with the exercise of any function conferred on him by paragraph 2 or 3 or this paragraph.
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(3) The Secretary of State shall not exercise any such function except after consultation with such persons holding licences under section 6 of any description as he considers appropriate.
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(4) On the commencement of section 27 each existing licence to which any scheme under paragraph 2 or 3 relates shall have effect as provided for by the scheme.
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