|
| |
|
bringing the inquiry to the attention of persons likely to be affected by the |
| |
| |
(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 |
| |
| 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 |
| |
| |
(b) | subsections (2) to (8) of section 210 of the Local Government |
| |
(Scotland) Act 1973 (c. 65) (which makes similar provision for |
| 35 |
| |
| 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; |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
(3) | After considering the recommendations of the lead inspector, the Secretary |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(a) | the matters which he considered himself; and |
| 25 |
(b) | the matters the consideration of which was allocated to additional |
| |
| |
(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 |
| |
| 30 |
| |
(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. |
| |
| |
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 |
| |
|
| |
|
| |
|
| |
| |
Conversion of existing transmission licences: licensing scheme |
| |
| |
1 (1) | Before the commencement of section 129, 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 3 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 130(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
Consultation by the Secretary of State |
| |
5 (1) | Before carrying out any function under this Schedule the Secretary of State |
| |
| |
| 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 129 comes into force. |
| |
| |
| |
Property arrangements schemes |
| 30 |
| |
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 |
| |
| 35 |
| property, rights or liabilities of an existing transmission licence holder. |
| |
(2) | A scheme under sub-paragraph (1) (“a property arrangements scheme”) |
| |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| 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 |
| |
| |
2 (1) | An application for the making of a property arrangements scheme may be |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
| 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 |
|
| |
|
| |
|
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. |
| |
| |
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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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. |
| |
|
| |
|