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Energy Bill [HL]


Energy Bill [HL]
Schedule 18 — Property arrangements schemes

241

 

      (3)  

In any other case, the Tribunal may include in the order—

(a)   

provision for the scheme to have effect with such amendments with

respect to any matter dealt with by GEMA’s determination as it

thinks fit, and

(b)   

to the extent that GEMA’s determination dealt with any financial

5

matter, provision requiring GEMA to redetermine the matter in

accordance with the order and to amend the scheme accordingly.

13    (1)  

This paragraph applies where—

(a)   

the Competition Appeal Tribunal makes an order under paragraph

10(4)(b),

10

(b)   

GEMA has made a property arrangements scheme in relation to the

property, rights or liabilities concerned, and

(c)   

the scheme has come into operation.

      (2)  

The Tribunal may include in the order such provision as it thinks fit for the

purpose of doing justice between—

15

(a)   

the system operator,

(b)   

the relevant existing transmission licence holder, and

(c)   

any third party adversely affected by the scheme,

           

in the light of its determination.

      (3)  

Without prejudice to the generality of sub-paragraph (2), the Tribunal may

20

include in the order—

(a)   

provision for retransfer,

(b)   

provision for the surrender or extinction of rights, and

(c)   

provision for the payment of compensation.

14         

An order under paragraph 10(4)(b) may include provision for the award of

25

interest at such rate and for such period as the Competition Appeal Tribunal

thinks fit.

15         

Section 120(6) to (8) of the Enterprise Act 2002 (c. 40) (appeal with leave on

point of law from decision of Competition Appeal Tribunal to Court of

Appeal or Court of Session) shall apply in relation to decisions of the

30

Tribunal under this Schedule as they apply in relation to decisions under

that section.

Interim arrangements pending review of determination

16    (1)  

This paragraph applies where—

(a)   

a person makes an application under paragraph 10(1) for the review

35

of a determination, and

(b)   

GEMA has not made a property arrangements scheme in relation to

the property, rights or liabilities to which the determination relates.

      (2)  

The Competition Appeal Tribunal may on application by the system

operator or the relevant existing transmission licence holder make such

40

interim arrangements as it thinks fit with respect to the property, rights or

liabilities concerned.

      (3)  

Without prejudice to the generality of sub-paragraph (2), the power under

that sub-paragraph includes, in particular, power to make provision for the

system operator to have access to, or otherwise to enjoy the benefit of, any of

45

the property or rights concerned for such period, and on such terms, as the

Tribunal thinks fit.

 

 

Energy Bill [HL]
Schedule 18 — Property arrangements schemes

242

 

      (4)  

No application under sub-paragraph (2) may be made after the end of the

period of 7 days beginning with the day on which the application under

paragraph 10(1) is made.

17    (1)  

This paragraph applies where-

(a)   

a person makes an application under paragraph 10(1) for the review

5

of a determination, and

(b)   

GEMA has made a property arrangements scheme in relation to the

property, rights or liabilities to which the determination relates.

      (2)  

The Competition Appeal Tribunal may on application by—

(a)   

the system operator,

10

(b)   

the relevant existing transmission licence holder, or

(c)   

a third party who is adversely affected by any provision of the

scheme,

           

make such interim arrangements as it thinks fit with respect to the property,

rights or liabilities concerned.

15

      (3)  

Without prejudice to the generality of sub-paragraph (2), the power under

that sub-paragraph includes, in particular, power—

(a)   

to make provision postponing or suspending the operation of any

provision of the scheme for such period, and on such terms, as the

Tribunal thinks fit;

20

(b)   

to make provision for the system operator to have access to, or

otherwise to enjoy the benefit of, any of the property or rights

concerned for such period, and on such terms, as the Tribunal thinks

fit.

      (4)  

No application under sub-paragraph (2) may be made after the end of the

25

period of 7 days beginning with the day on which the application under

paragraph 10(1) is made.

18         

In exercising its powers under paragraph 16 or 17, the Competition Appeal

Tribunal shall have regard, in particular, to what is necessary or expedient

for implementation purposes.

30

19         

Paragraphs 16 and 17 are without prejudice to any powers of the

Competition Appeal Tribunal to make orders on an interim basis under

rules under section 15 of the Enterprise Act 2002 (c. 40).

20    (1)  

If an order under paragraph 16 or 17 is registered in England and Wales in

accordance with rules of court or any practice direction, it shall be

35

enforceable as an order of the High Court.

      (2)  

An order under paragraph 16 or 17 may be recorded for execution in the

Books of Council and Session and shall be enforceable accordingly.

      (3)  

Subject to rules of court or any practice direction, an order under paragraph

16 or 17 may be registered or recorded for execution by a person entitled to

40

any right under the interim arrangements for which the order makes

provision.

      (4)  

Sub-paragraphs (1) to (3) apply to an order on an interim basis made under

rules under section 15 of the Enterprise Act 2002 in connection with an

application under paragraph 10(1) as they apply to an order under

45

paragraph 16 or 17.

 

 

Energy Bill [HL]
Schedule 19 — Consequential amendments relating to Chapter 1 of Part 4

243

 

Supplementary

21         

The Secretary of State may by order designate the holder of a transmission

licence as the system operator for the purposes of this Schedule.

22         

An application under this Schedule is not allowed to be made orally.

23    (1)  

In this Schedule—

5

“existing transmission licence” means a transmission licence which is

in force immediately before the day on which section 133 comes

into force;

“implementation purposes” means the purposes of implementing the

new trading and transmission arrangements in accordance with the

10

timetable for implementation for the time being published by

GEMA;

“property arrangements scheme” has the meaning given by

paragraph 1(2);

“relevant existing transmission licence holder”, in relation to a

15

property arrangements scheme, or an application for such a

scheme, means the existing transmission licence holder to whose

property, rights or liabilities the scheme, or application, relates;

“system operator” means the person designated under paragraph 21;

“third party”, in relation to a property arrangements scheme, means a

20

person other than the system operator or the relevant existing

transmission licence holder.

      (2)  

For the purposes of this Schedule, a provision of a property arrangements

scheme adversely affects a third party if—

(a)   

his consent or concurrence would be required to the making of the

25

provision otherwise than by means of the scheme, and

(b)   

he does not consent to the making of the provision by means of the

scheme.

Schedule 19

Section 140

 

Consequential amendments relating to Chapter 1 of Part 4

30

Water (Scotland) Act 1980 (c. 45)

1          

In Schedule 4 to the Water (Scotland) Act 1980 (provisions to be incorporated

in orders relating to statutory undertakers), in paragraph (b) of the proviso

to section 36, for “transmit” substitute “participate in the transmission of”.

Telecommunications Act 1984 (c. 38)

35

2          

In section 98(9) of the Telecommunications Act 1984, in the definition of

“electricity authority”, for “transmit or supply”, where they first occur,

substitute “supply or participate in the transmission of”.

Electricity Act 1989 (c. 29)

3          

The 1989 Act is amended as follows.

40

 

 

Energy Bill [HL]
Schedule 19 — Consequential amendments relating to Chapter 1 of Part 4

244

 

4          

In section 3A(5)(a), for “transmit, distribute or supply” substitute

“distribute, supply or participate in the transmission of”.

5          

In section 6 (licences authorising supply etc.), for subsection (7) substitute—

“(7)   

A licence, and any modification of a licence under subsection (4), (6)

or (6B), shall be in writing.”

5

6          

In section 6A (procedure for licence applications), in subsection (1)

(applications to which the section applies), for paragraph (b) substitute—

“(b)   

for the modification of a licence under section 6(4), (6) or

(6B).”

7     (1)  

Section 6B (applications for transmission licence) is amended as follows.

10

      (2)  

For subsection (2) substitute—

“(2)   

The applicant shall give notice of the application to any person who

holds a transmission licence and whose interests may be affected if

the licence applied for is granted.”

      (3)  

In subsection (5)(c) (under which there is a duty to give notice of the

15

proposed grant of an application to the holder of a transmission licence

whose authorised area is affected by the area to which the application

relates), for the words from “authorised area” to “area” substitute “interests

may be affected by the grant of the licence”.

8     (1)  

Section 9 (general duties of licence holders) is amended as follows.

20

      (2)  

In subsection (2) (duties of transmission licence holder), for “transmit”

substitute “participate in the transmission of”.

      (3)  

After that subsection insert—

“(2A)   

Subsection (2)(a) shall not have effect to require the holder of a

transmission licence which is subject to a condition of the kind

25

mentioned in section 7(2A)(a) to carry on an activity which he would

be authorised by the licence to carry on apart from the condition.”

9     (1)  

Section 10 (powers of licence holders) is amended as follows.

      (2)  

In subsection (1)(a) (which applies Schedules 3 and 4 to a person authorised

by a licence to transmit electricity), for the words from “a person” to

30

“electricity” substitute “the holder of a transmission licence”.

      (3)  

For subsection (4) substitute—

“(4)   

A transmission licence may provide that, where the licence is

modified under section 6(6B), 11 or 11A above so as to reduce in any

respect the area in which the licence holder may carry on activities,

35

Schedule 4 to this Act shall have effect in relation to him as if any

reference to the activities which he is authorised by his licence to

carry on included a reference to the activities which he was

previously so authorised to carry on.”

10         

In section 29 (regulations relating to supply and safety), in subsection (2)(c)

40

(power to require persons to keep maps etc.), for “transmit” substitute

“participate in the transmission of”.

11         

In section 30 (electrical inspectors), in subsection (2)(a) (duty to inspect and

test equipment belonging to certain persons), for “transmit or distribute”

substitute “distribute or participate in the transmission of”.

45

 

 

Energy Bill [HL]
Schedule 19 — Consequential amendments relating to Chapter 1 of Part 4

245

 

12    (1)  

Section 35 (which supplements section 34 about fuel stocks at generating

stations) is amended as follows.

      (2)  

In subsection (1) (power to require information from any person authorised

by a licence to transmit electricity), for “any person authorised by a licence

to transmit electricity” substitute “the holder of a transmission licence”.

5

      (3)  

For subsection (2) substitute—

“(2)   

The Secretary of State may give a direction requiring any person who

is authorised by a licence to participate in the transmission of

electricity to carry on the activities which the licence authorises (or

any of them), at any time when a direction under section 34(4) above

10

is in force, either in a specified manner or with a view to achieving

specified objectives.”

      (4)  

In subsection (3), for the words from “and”, in the second place where it

occurs, to the end substitute “and a person subject to a direction under

subsection (2) above shall give effect to it notwithstanding any other duty

15

imposed on him by or under this Part.”

13         

In section 43B (supplementary provision about orders under section 43A), in

subsection (7) (definition of “authorised transmitter”), for “transmit”

substitute “participate in the transmission of”.

14         

In section 58 (directions restricting the use of certain information)—

20

(a)   

in subsection (1), for “any person who is authorised by a licence to

transmit electricity” substitute “the holder of a transmission licence”,

and

(b)   

in subsection (2), for “transmit or supply” substitute “supply or

participate in the transmission of”.

25

15    (1)  

Section 64 (interpretation of Part 1) is amended as follows.

      (2)  

In subsection (1), for the definition of “transmit” substitute—

           

“‘transmission’, in relation to electricity, has the meaning given by

section 4(4) above;

           

‘transmission system’ has the meaning given by section 4(4) above;”.

30

      (3)  

Before subsection (2) insert—

“(1B)   

In this Part, references to participation, in relation to the transmission

of electricity, are to be construed in accordance with section 4(3A)

and (3B) above.”

16         

In Schedule 9 (preservation of amenity and fisheries), in paragraphs 1(1) and

35

3(1), for “transmit, distribute or supply” substitute “distribute, supply or

participate in the transmission of”.

Water Industry Act 1991 (c. 56)

17         

In Schedule 13 to the Water Industry Act 1991 (protective provisions), in

paragraph 1(5) (undertakings protected), in paragraph (f), for “transmit or

40

supply” substitute “supply or participate in the transmission of”.

 

 

Energy Bill [HL]
Schedule 20 — Conduct of energy administration
Part 1 — Application of Schedule B1 to the 1986 Act

246

 

Water Resources Act 1991 (c. 57)

18         

In Schedule 22 to the Water Resources Act 1991 (protective provisions), in

paragraph 1(4) (undertakings protected), in paragraph (f), for “transmit or

supply” substitute “supply or participate in the transmission of”.

Land Drainage Act 1991 (c. 59)

5

19         

In Schedule 6 to the Land Drainage Act 1991 (protective provisions), in

paragraph 1(1) (undertakings protected), in paragraph (f), for “transmit or

supply” substitute “supply or participate in the transmission of”.

Utilities Act 2000 (c. 27)

20         

In section 33(1) of the Utilities Act 2000 (which provides that conditions

10

determined under that provision shall be standard conditions for the

purposes of any of the types of licence mentioned in section 6(1) of the 1989

Act)—

(a)   

for “6(1)” substitute “6(1)(a), (c) and (d)”,

(b)   

omit the words “transmission licences,”, and

15

(c)   

for the words from “, subject” to the end substitute “be standard

conditions for the purposes of licences of that type, subject to any

modifications of the standard conditions for the purposes of licences

of that type made—

(a)    

under Part 1 of the 1989 Act after the determination

20

under this section, or

(b)   

under the Energy Act 2004.”

Schedule 20

Section 156

 

Conduct of energy administration

Part 1

25

Application of Schedule B1 to the 1986 Act

Application of Schedule B1 provisions

1     (1)  

The provisions of Schedule B1 to the 1986 Act specified in paragraph 2 of this

Schedule are to have effect in relation to energy administration orders—

(a)   

as they have effect in relation to administration orders under that

30

Schedule; but

(b)   

with the modifications set out in Part 2 of this Schedule.

      (2)  

Those provisions as modified by Part 2 of this Schedule are to have effect in

the case of an unregistered company with the further modifications for

which provision is made by or under Part 3 of this Schedule.

35

2          

Those provisions of Schedule B1 to the 1986 Act are paragraphs 1, 40 to 50,

54, 59 to 68, 70 to 75, 79, 83 to 91, 98 to 107 and 109 to 116.

 

 

Energy Bill [HL]
Schedule 20 — Conduct of energy administration
Part 2 — Modifications of Schedule B1

247

 

Part 2

Modifications of Schedule B1

Introductory

3          

The modifications set out in this Part of this Schedule to the provisions of

Schedule B1 to the 1986 Act specified in paragraph 2 apply where those

5

provisions have effect by virtue of Part 1 of this Schedule.

General modifications of the applicable provisions

4          

In those provisions—

(a)   

for “administration application” in each place where it occurs

substitute “energy administration application”;

10

(b)   

for “administration order” in each place where it occurs substitute

“energy administration order”;

(c)   

for “administrator” in each place where it occurs substitute “energy

administrator”;

(d)   

for “enters administration” in each place where it occurs substitute

15

“enters energy administration”;

(e)   

for “in administration” in each place where it occurs substitute “in

energy administration”;

(f)   

for “purpose of administration” in each place where it occurs (other

than in paragraph 111(1)) substitute “objective of the energy

20

administration”.

Specific modifications

5     (1)  

In paragraph 1, for sub-paragraph (1) (which defines “administrator”)

substitute—

     “(1)  

In this Schedule ‘energy administrator’, in relation to a company,

25

means a person appointed by the court for the purposes of an

energy administration order to manage the company’s affairs,

business and property.”

      (2)  

In sub-paragraph (2) of that paragraph, for “Act” substitute “Schedule”.

6          

In paragraph 40 (dismissal of pending winding-up petition), omit sub-

30

paragraphs (1)(b), (2) and (3).

7          

In paragraph 42 (moratorium on insolvency proceedings), omit sub-

paragraphs (4) and (5).

8          

In paragraph 44 (interim moratorium), omit sub-paragraphs (2) to (4), (6)

and (7)(a) to (c).

35

9          

In paragraph 46(6) (date for notifying administrator’s appointment), for

paragraphs (a) to (c) substitute “the date on which the energy administration

order comes into force”.

10    (1)  

In sub-paragraph (2)(b) of paragraph 49 (administrator’s proposals) for

“objective mentioned in paragraph 3(1)(a) or (b) cannot be achieved”

40

substitute “objective of the energy administration should be achieved by

means other than just a rescue of the company as a going concern”.

 

 

 
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