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Energy Bill [HL]


Energy Bill [HL]
Schedule 16 — Applications and proposals for notices under section 96

234

 

bringing the inquiry to the attention of persons likely to be affected by the

proposal.

      (4)  

A notice that is published under sub-paragraph (2) or (3) must contain—

(a)   

a statement of the fact that the application or proposal has been

made; and

5

(b)   

a description of the application or proposal.

      (5)  

The notice must also set out—

(a)   

a place where a copy of the application or proposal, and of the map

referred to in it, can be inspected; and

(b)   

the place, date and time of the public inquiry.

10

      (6)  

The place set out in accordance with sub-paragraph (5)(a) in the case of an

inquiry in respect of an application for a safety zone notice must be the place

determined in accordance with regulations made by the Secretary of State.

      (7)  

If it appears to the Secretary of State, in the case of an inquiry in respect of

such an application, that further notification of the inquiry should be given

15

(in addition to the published notice) in order to secure that the matters set

out in the published notice are sufficiently made known to persons who are

likely to be affected by the application—

(a)   

the Secretary of State may direct the applicant to take such further

steps for that purpose (whether by the service of notices,

20

advertisement or otherwise) as may be specified in the direction; and

(b)   

that person must comply with the direction.

      (8)  

If it appears to the Secretary of State, in the case of an inquiry in respect of a

proposal of his, that further notification of the inquiry should be given (in

addition to the published notice) in order to secure that the matters set out

25

in the published notice are sufficiently made known to persons who are

likely to be affected by the proposal, he must take such further steps for that

purpose (whether by the service of notices, advertisement or otherwise) as

he considers appropriate.

      (9)  

The following provisions—

30

(a)   

subsections (2) to (5) of section 250 of the Local Government Act 1972

(c. 70) (which relates to evidence at inquiries and the costs of

inquiries), and

(b)   

subsections (2) to (8) of section 210 of the Local Government

(Scotland) Act 1973 (c. 65) (which makes similar provision for

35

Scotland),

           

shall apply in relation to a public inquiry held under this Schedule as they

apply in relation to a local inquiry which a Minister causes to be held under

subsection (1) of that section.

     (10)  

For the purposes of this paragraph a public inquiry under sub-paragraph (6)

40

of paragraph 5 in a case where that paragraph applies by virtue of sub-

paragraph (1)(b) of that paragraph—

(a)   

is a public inquiry in respect of a proposal of the Secretary of State;

and

(b)   

is not a public inquiry in respect of an application.

45

Use of additional inspectors for an inquiry

7     (1)  

This paragraph applies in the case of—

(a)   

a public inquiry in England and Wales under this Schedule; or

 

 

Energy Bill [HL]
Schedule 16 — Applications and proposals for notices under section 96

235

 

(b)   

a public inquiry in England and Wales which is a combination under

section 62 of the 1989 Act into one inquiry of—

(i)   

two or more inquiries under this Schedule; or

(ii)   

one or more inquiries under this Schedule and one or more

other inquiries.

5

      (2)  

At any time after appointing a person to hold the inquiry (“the lead

inspector”), the Secretary of State may direct him—

(a)   

to consider such matters relating to the conduct of the inquiry as are

specified in the direction; and

(b)   

to make recommendations to the Secretary of State about those

10

matters.

      (3)  

After considering the recommendations of the lead inspector, the Secretary

of State may—

(a)   

appoint for the purposes of the inquiry such number of additional

inspectors as he thinks appropriate; and

15

(b)   

direct that each additional inspector must consider such of the

matters to which the inquiry relates as are allocated to him by the

lead inspector.

      (4)  

An additional inspector must—

(a)   

comply with every direction as to procedural matters given to him

20

by the lead inspector; and

(b)   

report to the lead inspector on every matter allocated to him.

      (5)  

It is to be for the lead inspector to report to the Secretary of State on the

consideration of both—

(a)   

the matters which he considered himself; and

25

(b)   

the matters the consideration of which was allocated to additional

inspectors.

      (6)  

The power of the Secretary of State to give directions to the lead inspector

may be exercised on one or more different occasions after the appointment

of the lead inspector.

30

      (7)  

Accordingly—

(a)   

the recommendations that may be made by the lead inspector

following such a direction include, in particular, a recommendation

for varying the number of additional inspectors; and

(b)   

the power of the Secretary of State to appoint an additional inspector

35

includes power to revoke such an appointment.

      (8)  

A direction by any person under this paragraph may be varied or revoked

by a subsequent direction by that person.

Combined notices

8          

A notice required by or under this Schedule may be combined with a notice

40

required by or under Schedule 8 to the 1989 Act (procedure on application

for a consent in respect of a generating station) in any case involving the

same installation or proposed installation.

Parliamentary control of regulations

9          

Regulations under this Schedule are subject to the negative resolution

45

procedure.

 

 

Energy Bill [HL]
Schedule 17 — Conversion of existing transmission licences: licensing scheme

236

 

Schedule 17

Section 135

 

Conversion of existing transmission licences: licensing scheme

Licensing scheme

1     (1)  

Before the commencement of section 133, the Secretary of State shall make a

scheme in relation to existing transmission licences.

5

      (2)  

A scheme under this paragraph shall provide for each licence to which it

relates to have effect on and after such date as the scheme may provide—

(a)   

as a licence under section 6(1)(b) of the 1989 Act as amended by

Chapter 1 of Part 4 of this Act, and

(b)   

with the inclusion of such provision under section 6(6A) of that Act

10

as the scheme may provide.

      (3)  

Subject to sub-paragraph (4), a scheme under this paragraph shall provide

that the conditions which by virtue of section 134(3) are standard conditions

for the purposes of transmission licences are incorporated by reference in

each licence to which the scheme relates (in place of the existing standard

15

conditions of that licence).

      (4)  

A scheme under this paragraph may provide that each licence to which it

relates shall have effect with such incidental, consequential and

supplementary modifications as appear to the Secretary of State to be

necessary or expedient.

20

      (5)  

Modifications under sub-paragraph (4) may relate to—

(a)   

the terms of a licence, or

(b)   

the conditions of a licence (including the standard conditions which

would otherwise be incorporated by virtue of sub-paragraph (3)).

      (6)  

A scheme under this paragraph may—

25

(a)   

make such transitional provision as appears to the Secretary of State

to be necessary or expedient;

(b)   

make different provision for different cases.

      (7)  

As soon as practicable after making a scheme under this paragraph, the

Secretary of State shall publish the text of each licence to which the scheme

30

relates as it has effect by virtue of the scheme.

      (8)  

Any text so published shall be treated as authoritative unless the contrary is

shown.

      (9)  

The Secretary of State may change the date on which a scheme under this

paragraph is to come into operation.

35

Consequential amendment of related codes and agreements

2          

The Secretary of State may include in a scheme under paragraph 1 provision

amending a code or agreement relevant to the conditions of an existing

transmission licence if it appears to him to be necessary or expedient to do

so in consequence of anything for which the scheme makes provision.

40

Effect of licensing scheme

3     (1)  

A scheme under paragraph 1 shall, by virtue of this paragraph, have effect

according to its terms.

 

 

Energy Bill [HL]
Schedule 18 — Property arrangements schemes

237

 

      (2)  

The modification under paragraph 1(4) of what would otherwise be a

standard condition of a licence to which the scheme relates shall not prevent

any other part of the condition which is not so modified being regarded as a

standard condition for the purposes of Part 1 of the 1989 Act.

Modification of licensing scheme

5

4     (1)  

If at any time after a scheme under paragraph 1 has come into operation the

Secretary of State considers it appropriate to do so, he may by order provide

that the scheme shall for all purposes be deemed to have come into operation

with such modifications as may be specified in the order.

      (2)  

An order under sub-paragraph (1) may make, with effect from the coming

10

into force of the scheme, such provision as could have been made by the

scheme, and in connection with giving effect to that provision from that time

may contain such supplemental, consequential and transitional provision as

the Secretary of State considers appropriate.

      (3)  

An order under sub-paragraph (1) is subject to the negative resolution

15

procedure.

Consultation by the Secretary of State

5     (1)  

Before carrying out any function under this Schedule the Secretary of State

shall consult—

(a)   

GEMA, and

20

(b)   

holders of existing transmission licences,

           

in such manner as he considers appropriate.

      (2)  

Sub-paragraph (1) may be satisfied by consultation before, as well as by

consultation after, the commencement of this paragraph.

“Existing transmission licence”

25

6          

In this Schedule, references to an existing transmission licence are to a

transmission licence which is in force immediately before the day on which

section 133 comes into force.

Schedule 18

Section 138

 

Property arrangements schemes

30

Scheme-making power

1     (1)  

GEMA may, on application, make a scheme providing for—

(a)   

the transfer to the system operator of, or

(b)   

the creation in favour of the system operator of any rights in relation

to,

35

           

property, rights or liabilities of an existing transmission licence holder.

      (2)  

A scheme under sub-paragraph (1) (“a property arrangements scheme”)

may also contain—

 

 

Energy Bill [HL]
Schedule 18 — Property arrangements schemes

238

 

(a)   

provision for the creation, in relation to property which the scheme

transfers, of an interest in or right over the property in favour of the

relevant existing transmission licence holder;

(b)   

provision for the creation of any rights or liabilities as between the

relevant existing transmission licence holder and the system

5

operator;

(c)   

provision for imposing on the relevant existing transmission licence

holder or the system operator an obligation to enter into a written

agreement with, or to execute an instrument of another kind in

favour of, the other;

10

(d)   

supplemental, incidental and consequential provision.

      (3)  

The property, rights or liabilities which may be transferred by a property

arrangements scheme include property, rights or liabilities which would not

otherwise be capable of being transferred.

      (4)  

If a property arrangements scheme provides for the division of an estate or

15

interest in land and any rent is—

(a)   

payable in respect of the estate or interest under a lease, or

(b)   

charged on the estate or interest,

           

the scheme may contain provision for apportionment or division so that one

part is payable in respect of, or charged on, only one part of the estate or

20

interest and the other part is payable in respect of, or charged on, only the

other part of the estate or interest.

      (5)  

A property arrangements scheme that contains provision which adversely

affects a third party may also contain provision requiring the system

operator or the relevant existing transmission licence holder to pay the third

25

party compensation.

Applications for schemes

2     (1)  

An application for the making of a property arrangements scheme may be

made by—

(a)   

the system operator, or

30

(b)   

the relevant existing transmission licence holder.

      (2)  

No application for a property arrangements scheme may be made after the

end of the period of three months beginning with the day on which section

138 comes into force.

      (3)  

An application for a property arrangements scheme shall specify the

35

property, rights or liabilities in relation to which provision of a kind

mentioned in paragraph 1(1) is proposed to be included in the scheme.

GEMA’s functions in relation to applications

3     (1)  

On an application for the making of a property arrangements scheme,

GEMA shall, in relation to any property, rights or liabilities in respect of

40

which the application proposes provision of a kind mentioned in paragraph

1(1), determine whether provision of such a kind is, in relation to that

property, or those rights or liabilities, necessary or expedient for

implementation purposes.

      (2)  

Sub-paragraph (1) does not apply if the system operator and the relevant

45

existing transmission licence holder agree that provision of a kind

 

 

Energy Bill [HL]
Schedule 18 — Property arrangements schemes

239

 

mentioned in paragraph 1(1) is, in relation to the property, rights or

liabilities concerned, necessary or expedient for implementation purposes.

      (3)  

If GEMA determines under sub-paragraph (1) that provision of a kind

mentioned in paragraph 1(1) is not, in relation to any property, rights or

liabilities, necessary or expedient for implementation purposes, it shall

5

refuse the application in relation to that property, or those rights or

liabilities.

      (4)  

If—

(a)   

GEMA determines under sub-paragraph (1) that provision of a kind

mentioned in paragraph 1(1) is, in relation to any property, rights or

10

liabilities, necessary or expedient for implementation purposes, or

(b)   

the system operator and the relevant existing transmission licence

holder agree that that is the case,

           

GEMA shall, subject to paragraph 4(2), make a property arrangements

scheme in relation to that property, or those rights or liabilities.

15

4     (1)  

Subject to the following provisions of this paragraph, where GEMA is

required to make a property arrangements scheme, the terms of the scheme

shall be such as the system operator and the relevant existing transmission

licence holder may agree or, if they fail to agree, as GEMA may determine.

      (2)  

GEMA may not include in a property arrangements scheme provision which

20

would adversely affect a third party unless it determines that it is necessary

or expedient for implementation purposes for the provision to be made.

      (3)  

Where GEMA does include in a property arrangements scheme provision

which would adversely affect a third party, GEMA shall determine whether

the scheme should include provision for compensation and, if so, what that

25

provision should be.

      (4)  

A property arrangements scheme shall not provide for any provision to

come into operation before the end of the period of 21 days beginning with

the day on which the scheme is made.

5     (1)  

A determination under paragraph 4, so far as relating to any financial

30

matter, shall be made on the basis of what is just in all the circumstances of

the case.

      (2)  

A determination under paragraph 4, so far as relating to any other matter,

shall be made on the basis of what appears to GEMA to be appropriate in all

the circumstances of the case having regard, in particular, to what is

35

necessary or expedient for implementation purposes.

6          

GEMA may require any of the following persons to give it information and

assistance in connection with the making of a determination under this

Schedule—

(a)   

the system operator,

40

(b)   

any existing transmission licence holder, and

(c)   

any person who makes representations to GEMA about the

application to which the determination relates.

7          

GEMA may engage such consultants as it thinks fit for the purpose of

advising it in relation to the making of a determination under this Schedule.

45

 

 

Energy Bill [HL]
Schedule 18 — Property arrangements schemes

240

 

Effect of property arrangements scheme

8          

A property arrangements scheme shall, by virtue of this paragraph, have

effect according to its terms.

9     (1)  

A transaction of any description effected by or under a property

arrangements scheme shall have effect subject to the provisions of any

5

enactment which provides for transactions of that description to be

registered in any statutory register.

      (2)  

Subject to sub-paragraph (1), a transaction of any description effected by or

under a property arrangements scheme shall be binding on all persons,

notwithstanding that it would, apart from this provision, have required the

10

consent or concurrence of any person.

Review of determinations

10    (1)  

Any person aggrieved by a determination of GEMA under this Schedule

may apply to the Competition Appeal Tribunal for a review of the

determination.

15

      (2)  

Subject to sub-paragraph (3), no application under sub-paragraph (1) may

be made after the end of the period of 7 days beginning with the day on

which the determination is made.

      (3)  

Where GEMA has made a property arrangements scheme, an application

under sub-paragraph (1) may be made in respect of a determination relating

20

to the scheme at any time before the end of the period of 7 days beginning

with the day on which the scheme is made.

      (4)  

On an application under sub-paragraph (1), the Competition Appeal

Tribunal may—

(a)   

dismiss the application, or

25

(b)   

make an order substituting its own determination.

11    (1)  

This paragraph applies where—

(a)   

the Competition Appeal Tribunal makes an order under paragraph

10(4)(b), and

(b)   

GEMA has not made a property arrangements scheme in relation to

30

the property, rights or liabilities concerned.

      (2)  

The Tribunal may include in the order provision requiring GEMA to make

a property arrangements scheme in relation to that property, or those rights

or liabilities.

      (3)  

Where paragraph 4 applies because of provision under this paragraph,

35

anything the Tribunal has determined shall be treated for the purposes of

that paragraph as determined by GEMA.

12    (1)  

This paragraph applies where—

(a)   

the Competition Appeal Tribunal makes an order under paragraph

10(4)(b),

40

(b)   

GEMA has made a property arrangements scheme in relation to the

property, rights or liabilities concerned, and

(c)   

the scheme has not come into operation.

      (2)  

Where the Tribunal’s determination is that provision of the kind mentioned

in paragraph 1(1) is not, in relation to the property, rights or liabilities

45

concerned, necessary or expedient for implementation purposes, it may

include in the order provision quashing the scheme.

 

 

 
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