|
| |
| |
operational purposes, it may include in the order provision |
| |
| |
(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 the |
| 5 |
Authority’s determination as it thinks fit, and |
| |
(b) | to the extent that the Authority’s determination dealt with |
| |
any financial matter, provision requiring the Authority to |
| |
redetermine the matter in accordance with the order and to |
| |
amend the scheme accordingly. |
| 10 |
26 (1) | This paragraph applies where— |
| |
(a) | the Competition Appeal Tribunal makes an order under |
| |
| |
(b) | the Authority has made a property scheme in relation to |
| |
the property, rights or liabilities concerned, and |
| 15 |
(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— |
| |
(a) | the successful bidder, |
| |
| 20 |
(c) | any third party affected by the scheme, |
| |
| in the light of its determination. |
| |
(3) | Without prejudice to the generality of sub-paragraph (2), the |
| |
Tribunal may include in the order— |
| |
(a) | provision for the transfer of anything transferred by the |
| 25 |
| |
(b) | provision for the surrender or extinction of rights; |
| |
(c) | provision for the payment of compensation to the asset |
| |
owner or the successful bidder; |
| |
(d) | provision for the payment of compensation to a third party |
| 30 |
| |
(e) | provision about the payment of costs of the kind |
| |
mentioned in paragraph 14(6). |
| |
(4) | Any sums received by the Authority by virtue of sub-paragraph (3)(e) are |
| |
to be paid into the Consolidated Fund. |
| 35 |
27 (1) | An order under paragraph 23(4)(b) may include provision for the |
| |
award of interest at such rate and for such period as the |
| |
Competition Appeal Tribunal thinks fit. |
| |
(2) | Where the application made under paragraph 23(1) is for a review |
| |
of a determination under paragraph 11(6) or 19(3), the Tribunal |
| 40 |
may include in an order under paragraph 23(4)(b) one or both of |
| |
| |
(a) | provision amending or revoking any direction made as a |
| |
result of the determination; |
| |
(b) | provision equivalent to any direction which could have |
| 45 |
been made by the Authority under paragraph 11(6) or |
| |
| |
| |
| |
|
| |
| |
Interim arrangements pending review of determination |
| |
28 (1) | This paragraph applies where— |
| |
(a) | a person makes an application under paragraph 23(1) for |
| |
the review of a determination, and |
| |
(b) | the Authority has not made a property scheme in relation |
| 5 |
to the property, rights or liabilities to which the |
| |
| |
(2) | The Competition Appeal Tribunal may, at any time before an |
| |
order is made under paragraph 23(4), on application by the |
| |
successful bidder or the asset owner make such interim |
| 10 |
arrangements as it thinks fit with respect to the property, rights or |
| |
| |
(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 successful bidder to have access to, or |
| 15 |
otherwise to enjoy the benefit of, any of the property or rights |
| |
concerned for such period, and on such terms, as the Tribunal |
| |
| |
29 (1) | This paragraph applies where— |
| |
(a) | a person makes an application under paragraph 23(1) for |
| 20 |
the review of a determination, and |
| |
(b) | the Authority has made a property scheme in relation to |
| |
the property, rights or liabilities to which the |
| |
| |
(2) | The Competition Appeal Tribunal may, at any time before an |
| 25 |
order is made under paragraph 23(4), on application by— |
| |
(a) | the successful bidder, |
| |
(b) | if the scheme has not come into operation, the asset owner, |
| |
(c) | if the scheme has come into operation, the person who was |
| |
the asset owner immediately before it did so, or |
| 30 |
(d) | a third party who is affected by any provision of the |
| |
| |
| make such 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 |
| 35 |
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; |
| |
(b) | to make provision for the successful bidder, or an |
| 40 |
applicant within sub-paragraph (2)(c), 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 |
| |
| |
30 | In exercising its powers under paragraph 28 or 29, the |
| 45 |
Competition Appeal Tribunal must have regard, in particular, to |
| |
what is necessary or expedient for operational purposes. |
| |
| |
| |
|
| |
| |
31 | Paragraphs 28 or 29 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). |
| |
32 (1) | If an order under paragraph 28 or 29 is registered in England and |
| |
Wales in accordance with rules of court or any practice direction, |
| 5 |
it is enforceable as an order of the High Court. |
| |
(2) | An order under paragraph 28 or 29 may be recorded for execution |
| |
in the Books of Council and Session and is to be enforceable |
| |
| |
(3) | Subject to rules of court or any practice direction, an order under |
| 10 |
paragraph 28 or 29 may be registered or recorded for execution by |
| |
a person entitled to 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 |
| 15 |
connection with an application under paragraph 23(1) as they |
| |
apply to an order under paragraph 28 or 29. |
| |
| |
33 (1) | An appeal lies on any point of law arising from a decision of the |
| |
Competition Appeal Tribunal under this Schedule to the |
| 20 |
| |
(2) | An appeal under this paragraph requires the permission of the |
| |
Tribunal or of the appropriate court. |
| |
(3) | In this paragraph “the appropriate court” means— |
| |
(a) | in the case of Tribunal proceedings in England and Wales, |
| 25 |
| |
(b) | in the case of Tribunal proceedings in Scotland, the Court |
| |
| |
Change of asset owner during application process |
| |
34 (1) | Where any property, rights or liabilities specified in an application |
| 30 |
in accordance with paragraph 3(2)(a) are transferred by the asset |
| |
owner to another person (“the new asset owner”) after the |
| |
application is made, this Schedule has effect as if— |
| |
(a) | references to the asset owner included the new asset |
| |
| 35 |
(b) | anything done by or in relation to the asset owner had been |
| |
done by or in relation to the new asset owner. |
| |
(2) | In the case of property, rights or liabilities treated as specified in |
| |
an application by virtue of paragraph 9(2), sub-paragraph (1) |
| |
applies as if for “the application is made” there were substituted |
| 40 |
“the modification notice is served on the Authority”. |
| |
| |
35 (1) | The preferred bidder, in relation to a tender exercise, is the person |
| |
whose name and address is specified in a notice which has been |
| |
| |
| |
|
| |
| |
published under sub-paragraph (2) (and has not been withdrawn |
| |
under sub-paragraph (4)). |
| |
(2) | Where a tender exercise is held, as soon as the Authority is |
| |
satisfied that it will grant the offshore transmission licence to a |
| |
particular person if certain matters are resolved to the Authority’s |
| 5 |
satisfaction, it must publish a notice to that effect. |
| |
| |
(a) | specify the name and address of the person, and |
| |
(b) | describe, in general terms, those matters. |
| |
(4) | The Authority may withdraw a notice under sub-paragraph (2) by |
| 10 |
publishing a notice to that effect. |
| |
(5) | A notice published under sub-paragraph (2) must be withdrawn |
| |
before a subsequent notice may be published under that sub- |
| |
paragraph in relation to the same tender exercise. |
| |
| 15 |
36 (1) | The successful bidder, in relation to a tender exercise, is the person |
| |
to whom, as a result of that exercise, the offshore transmission |
| |
licence has been or is to be granted. |
| |
(2) | Where a tender exercise is held, as soon as the Authority |
| |
determines to grant the offshore transmission licence to a person, |
| 20 |
it must publish a notice to that effect. |
| |
(3) | The notice must specify the name and address of the successful |
| |
| |
Associated bodies corporate |
| |
37 (1) | For the purposes of this Schedule, one body corporate is |
| 25 |
associated with another if one of them controls the other or a third |
| |
body corporate controls both of them, and sub-paragraphs (2) to |
| |
(6) set out the circumstances in which one body corporate (“A”) |
| |
| |
(2) | Where B is a company, A controls B if A possesses or is entitled to |
| 30 |
| |
(a) | one half or more of the issued share capital of B, |
| |
(b) | such rights as would entitle A to exercise one half or more |
| |
of the votes exercisable in general meetings of B, |
| |
(c) | such part of the issued share capital of B as would entitle A |
| 35 |
to one half or more of the amount distributed if the whole |
| |
of the income of B were in fact distributed among the |
| |
| |
(d) | such rights as would, in the event of the winding up of B |
| |
or in any other circumstances, entitle it to receive one half |
| 40 |
or more of the assets of B which would then be available |
| |
for distribution among the shareholders. |
| |
(3) | Where B is a limited liability partnership, A controls B if A— |
| |
(a) | holds a majority of the voting rights in B, |
| |
| |
| |
|
| |
| |
(b) | is a member of B and has a right to appoint or remove a |
| |
majority of other members, or |
| |
(c) | is a member of B and controls alone or pursuant to an |
| |
agreement with other members, a majority of the voting |
| |
| 5 |
(4) | In sub-paragraph (3)(a) and (c) the references to “voting rights” are |
| |
to the rights conferred on members in respect of their interest in a |
| |
limited liability partnership to vote on those matters which are to |
| |
be decided on by a vote of the members of the limited liability |
| |
| 10 |
(5) | In any case, A controls B if A has the power, directly or indirectly, |
| |
to secure that the affairs of B are conducted in accordance with A’s |
| |
| |
(6) | In determining whether, by virtue of sub-paragraphs (2) to (5), A |
| |
controls B, A is to be taken to possess— |
| 15 |
(a) | any rights and powers possessed by a person as nominee |
| |
| |
(b) | any rights and powers possessed by a body corporate |
| |
which it controls (including rights and powers which such |
| |
a body corporate would be taken to possess by virtue of |
| 20 |
| |
| |
| |
| |
(a) | in relation to an application for a property scheme, |
| 25 |
means the owner of the property, rights and liabilities |
| |
in relation to which provision of a kind mentioned in |
| |
paragraph 1(2) is proposed to be included in the |
| |
| |
(b) | in relation to a property scheme, means the owner of |
| 30 |
the property, rights and liabilities in relation to which |
| |
provision of such a kind is included in the scheme; |
| |
“co-ordination licence” means a transmission licence which |
| |
authorises a person to co-ordinate and direct the flow of |
| |
electricity onto and over a transmission system by means |
| 35 |
of which the transmission of electricity takes place and the |
| |
whole or a part of which is at a relevant place; |
| |
“functions” includes powers and duties; |
| |
“modification notice” is to be construed in accordance with |
| |
| 40 |
“non-applicant party” means— |
| |
(a) | in the case of an application made by the preferred |
| |
bidder or the successful bidder, the asset owner, and |
| |
(b) | in the case of an application made by the asset owner, |
| |
the successful bidder or, if a notice has not yet been |
| 45 |
published under paragraph 36, the preferred bidder; |
| |
“operational purposes” means the purposes of performing |
| |
any functions which the successful bidder has, or may in |
| |
| |
| |
| |
|
| |
| |
(a) | under or by virtue of the offshore transmission licence |
| |
which has been, or is to be, granted as a result of the |
| |
| |
(b) | under or by virtue of any enactment, in the successful |
| |
bidder’s capacity as holder of the licence; |
| 5 |
“preferred bidder”, in relation to a tender exercise, is to be |
| |
construed in accordance with paragraph 35; |
| |
“property scheme” is to be construed in accordance with |
| |
| |
“relevant place” means a place in Great Britain, in the |
| 10 |
territorial sea adjacent to Great Britain or in a Renewable |
| |
| |
“successful bidder”, in relation to a tender exercise, is to be |
| |
construed in accordance with paragraph 36; |
| |
“tender exercise” has the same meaning as in section 6D; |
| 15 |
“third party”, in relation to a property scheme or proposed |
| |
property scheme in connection with a tender exercise, |
| |
means a person other than the preferred bidder, the |
| |
successful bidder, or the asset owner. |
| |
(2) | For the purposes of this Schedule, a provision of a property |
| 20 |
scheme affects a third party if that party’s consent or concurrence |
| |
would be required to the making of the provision otherwise than |
| |
| |
| |
| |
Petroleum licences: amendments to model clauses |
| 25 |
| |
Petroleum (Production) (Landward Areas) Regulations 1995 |
| |
1 (1) | Schedule 3 to the Petroleum (Production) (Landward Areas) Regulations |
| |
1995 (S.I. 1995/1436) is amended as follows. |
| |
(2) | After clause 8 (consequences of determination or surrender) insert— |
| 30 |
“8A | Provision of contact details to Minister |
| |
(1) | A notice, direction or other document authorised or required (in |
| |
whatever terms) to be given to the Licensee by virtue of this licence |
| |
is treated as given to the Licensee if it is given to the person specified |
| |
by the Licensee under paragraph (2) at the address so specified. |
| 35 |
(2) | The Licensee must supply the Minister with the name and address of |
| |
a person to whom notices, directions and other documents are to be |
| |
| |
(3) | The Licensee must ensure that, where there is a change in the person |
| |
to whom, or the address to which, documents should be sent in |
| 40 |
accordance with paragraph (2), the Minister is notified of the change |
| |
as soon as is reasonably practicable. |
| |
| |
| |
|
| |
| |
(4) | If the Licensee fails to comply with paragraph (2) the Minister may |
| |
give the Licensee a notice which— |
| |
(a) | requires the Licensee to comply with paragraph (2) within |
| |
the period of one month beginning with the date of the |
| |
| 5 |
(b) | states that, if the Licensee fails to do so, the Licensee will be |
| |
treated as having supplied under paragraph (2) the name and |
| |
address specified by the Minister in the notice.” |
| |
(3) | In clause 17 (abandonment and plugging of wells)— |
| |
(a) | in paragraph (2) for “The” substitute “Subject to paragraph (5B), the”, |
| 10 |
(b) | after paragraph (5) insert— |
| |
“(5A) | The Minister may at any time give the Licensee a notice |
| |
requiring a well drilled pursuant to this licence to be plugged |
| |
and abandoned in accordance with paragraph (5) within the |
| |
period specified in the notice (but this paragraph is subject to |
| 15 |
paragraphs (5C) and (5D)). |
| |
(5B) | The Licensee shall comply with any notice under paragraph |
| |
| |
(5C) | A notice under paragraph (5A) may not be given less than |
| |
one month before the expiry or determination of the |
| 20 |
Licensee’s rights under this licence in relation to the area, or |
| |
the part of the area, in which the well is drilled. |
| |
(5D) | A notice under paragraph (5A) may be given only in relation |
| |
to a well from which the Licensee has not extracted any |
| |
petroleum within the period of one month ending with the |
| 25 |
day on which the notice is given.”, and |
| |
(c) | in paragraph (6) after “the Minister” (in the first place) insert “, or in |
| |
accordance with a notice under paragraph (5A),”. |
| |
(4) | In clause 38(4) (power of revocation: change of control) after “when this |
| |
licence was granted” insert “(or, if there has been an assignment or |
| 30 |
assignation of rights conferred by this licence, when those rights were |
| |
assigned to the Licensee)”. |
| |
(5) | After clause 38 insert— |
| |
“38A | Power of partial revocation |
| |
(1) | This clause applies in a case where two or more persons are the |
| 35 |
| |
(a) | an event mentioned in clause 38(2)(c), (d), (e) or (g) occurs in |
| |
relation to one of those persons, or |
| |
(b) | the conditions specified in clause 38(3) are satisfied in |
| |
relation to one of those persons. |
| 40 |
(2) | Where this clause applies, the Minister may exercise the power of |
| |
revocation in clause 38 to revoke the licence in so far as it applies to |
| |
the person mentioned in paragraph (1)(a) or (b). |
| |
(3) | If the Minister exercises the power in paragraph (2), the rights |
| |
granted to the person under this licence cease, but without prejudice |
| 45 |
to any obligation or liability incurred by the person or imposed |
| |
under the terms and conditions of this licence. |
| |
| |
| |
|
