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Amendments relating to Chapters 2 and 3 of Part 1 |
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Food and Environment Protection Act 1985 (c. 48) |
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1 | The Food and Environment Protection Act 1985 is amended as follows. |
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2 | In section 7A (regulation of deposits made in the sea: exclusion of certain oil |
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(a) | the existing provision becomes subsection (1), and |
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(b) | after that subsection insert— |
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“(2) | Nothing in this Part of this Act applies to anything done in |
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the course of carrying on an activity for which a licence under |
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section 3 or 17 of the Energy Act 2008 is required (gas |
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unloading, storage and recovery, and carbon dioxide |
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(3) | For this purpose, activities are to be regarded as activities for |
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which such a licence is required if, by virtue of such a licence, |
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they are activities which may be carried on only with the |
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consent of the Secretary of State or another person. |
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(4) | Subsection (2) does not apply in relation to anything done as |
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mentioned in that subsection in, under or over— |
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(a) | the territorial sea adjacent to Scotland, Wales or |
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(b) | waters in a Gas Importation and Storage Zone which |
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are United Kingdom controlled waters adjacent to |
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3 | In section 24 (interpretation)— |
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(a) | in subsection (1), after the definition of “Convention State” insert— |
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““Gas Importation and Storage Zone” has the meaning |
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given by section 1 of the Energy Act 2008;”, and |
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(b) | after subsection (2) insert— |
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“(2A) | An order or Order in Council made under or by virtue of |
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section 158(3) or (4) of the Government of Wales Act 2006 |
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(apportionment of sea areas) has effect for the purposes of |
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Part 2 of this Act if, or to the extent that, the Order is |
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(a) | for the general or residual purposes of that Act, or |
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(b) | by virtue of this subsection, for the purposes of Part 2 |
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Petroleum Act 1987 (c. 12) |
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4 (1) | Section 21 of the Petroleum Act 1987 (automatic establishment of safety |
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zones) is amended as follows. |
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(a) | after paragraph (a) insert— |
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“(aa) | the exploration of any place in, under or over such |
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waters with a view to the storage of gas in such a |
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(ab) | the conversion of any place in, under or over such |
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waters for the purpose of storing gas;”, |
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(b) | in paragraph (b), for “in or under the shore or bed of” substitute “in, |
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(c) | after that paragraph insert— |
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“(ba) | the unloading of gas at any place in, under or over |
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(d) | in paragraph (d) for “paragraph (a), (b) or (c)” substitute “any of |
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(3) | After subsection (7) insert— |
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“(8) | In this section “gas” means gas within the meaning of section 2(3) of |
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Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I.2)) |
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5 | In Article 3(1) of the Gas (Northern Ireland) Order 1996 (interpretation of |
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provisions relating to gas supply and associated activities), in the definition |
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of “gas storage facility” after “any facility” insert “(other than a facility in, |
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under or over the territorial sea adjacent to Northern Ireland)”. |
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Petroleum Act 1998 (c. 17) |
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6 | The Petroleum Act 1998 is amended as follows. |
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7 | In section 11 (application of civil law)— |
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(a) | in subsection (1), after “Order in Council” insert “, subject to |
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(b) | in subsection (3), after paragraph (a) insert— |
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“(aa) | the exploration of any place in, under or over such |
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waters with a view to the storage of gas in such a |
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(ab) | the conversion of any place in, under or over waters |
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to which this section applies for the purpose of |
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(c) | in paragraph (b) of that subsection, for “in or under the shore or bed |
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of” substitute “in, under or over”, |
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(d) | after that paragraph insert— |
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“(ba) | the unloading of gas at any place in, under or over |
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(e) | in paragraph (d) of that subsection, for “paragraph (a), (b) or (c)” |
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substitute “any of paragraphs (a) to (c)”, |
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(f) | after that subsection insert— |
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“(3A) | In subsection (3) references (in whatever form) to storing gas |
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include storing gas with a view to its permanent disposal.”, |
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(g) | after subsection (4) insert— |
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“(4A) | An Order in Council may not make provision under |
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subsection (1) in relation to questions arising out of acts or |
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omissions taking place in connection with any activity |
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carried on in, under or over relevant Scottish waters with a |
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view to, or in connection with, the storage of carbon dioxide. |
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(a) | “relevant Scottish waters” means tidal waters, and |
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parts of the sea, in or adjacent to Scotland up to the |
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seaward limits of the territorial sea, and |
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(b) | references to the storage of carbon dioxide do not |
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include the use of carbon dioxide for a purpose |
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ancillary to getting petroleum (within the meaning of |
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(h) | after subsection (8) insert— |
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“(9) | In this section “gas” means— |
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(a) | gas within the meaning of section 2(3) of the Energy |
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8 | In section 13 (interpretation of Part 2), after the existing provision (which |
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becomes subsection (1)) insert— |
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“(2) | An Order in Council under section 126(2) of the Scotland Act 1998 |
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(apportionment of sea areas) has effect for the purposes of this Part |
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if, or to the extent that, the Order is expressed to apply— |
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(a) | for the general or residual purposes of that Act, or |
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(b) | by virtue of this subsection, for the purposes of this Part.” |
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9 | In section 28 (interpretation of Part 3), in the definition of “gas”— |
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(a) | in paragraph (a), for “or carbon monoxide” substitute “, carbon |
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monoxide or a substance designated under paragraph (e) of the |
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definition of “gas” in section 2(3) of the Energy Act 2008”, |
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(b) | in paragraph (b) for “gases” substitute “substances”, and |
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(c) | in paragraph (c) for “gases” substitute “substances”. |
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10 | In section 30 (persons who may be required to submit programmes)— |
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(a) | for subsection (5)(a) substitute— |
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“(a) | the person has the right— |
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(i) | to exploit or explore mineral resources in any |
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(ii) | to unload, store or recover gas in any area or |
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to convert any natural feature in any area for |
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the purpose of storing gas, or |
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(iii) | to explore any area with a view to, or in |
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connection with, the exercise of a right within |
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sub-paragraph (i) or (ii), and”, |
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(b) | in subsection (6), for paragraph (a) substitute— |
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“(a) | the exploitation or exploration of mineral resources in |
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the exercise of the right mentioned in subsection |
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(aa) | the unloading, storage or recovery of gas in the |
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(ab) | the conversion, in the exercise of that right, of any |
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natural feature for the purpose of storing gas; |
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(ac) | the exploration in exercise of that right with a view to, |
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or in connection with, the exercise of a right within |
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subsection (5)(a)(ii);”, and |
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(c) | in paragraph (c) of that subsection, for “or (b)” substitute “to (b)”. |
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11 | In section 44 (offshore installations)— |
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(a) | in subsection (3), after paragraph (a) insert— |
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“(aa) | the exploration of any place in, under or over relevant |
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waters with a view to the storage of gas in such an |
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(ab) | the conversion of any place in, under or over relevant |
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waters for the purpose of storing gas;”, |
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(b) | in paragraph (b) of that subsection, for “in or under the shore or bed |
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of” substitute “in, under or over”, |
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(c) | after that paragraph insert— |
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“(ba) | the unloading of gas at any place in, under or over |
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(d) | in paragraph (d) of that subsection, for “paragraph (a), (b) or (c)” |
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substitute “any of paragraphs (a) to (c)”, and |
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(e) | in subsection (5), after “section—” insert— |
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“ “gas” means gas within the meaning of section 2(3) of |
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12 | In section 47A (factors for the Secretary of State to take into account when |
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performing functions under the Petroleum Act 1998)— |
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(a) | in subsection (1), after paragraph (a) insert— |
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“(aa) | activities which are authorised by a licence under |
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Chapter 2 or 3 of Part 1 of the Energy Act 2008 (gas |
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importation and storage);”, |
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(b) | in paragraph (b) of that subsection for “such activities” substitute |
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“activities within paragraph (a) or (aa)”, and |
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(c) | after subsection (2) insert— |
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“(2A) | For the purposes of subsection (1)(aa), activities are to be |
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regarded as activities authorised by a licence under Chapter |
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2 or 3 of Part 1 of the Energy Act 2008 if, by virtue of such a |
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licence, they are activities which may be carried on only with |
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the consent of the Secretary of State or another person.” |
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13 | In section 188 of the Energy Act 2004 (power to impose charges to fund |
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(a) | in subsection (7), after paragraph (l) insert— |
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“(m) | Chapter 2 of Part 1 of the Energy Act 2008.”, |
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(b) | in that subsection, after paragraph (m) (inserted by paragraph (a)) |
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“(n) | Chapter 3 of Part 1 of the Energy Act 2008.”, |
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(c) | in subsection (8), after paragraph (d) insert— |
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“(da) | any activity for which a licence under Chapter 2 of |
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Part 1 of the Energy Act 2008 is required;”, and |
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(d) | in that subsection, after paragraph (da) (inserted by paragraph (c)) |
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“(db) | any activity for which a licence under Chapter 3 of |
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Part 1 of the Energy Act 2008 is required;”. |
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1 (1) | This paragraph applies where— |
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(a) | a tender exercise is held in relation to an offshore |
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(b) | any transmission assets have been transferred to the |
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successful bidder or, for operational purposes, it is |
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necessary for any transmission assets to be so transferred, |
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(c) | those assets were not constructed or installed by the |
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(2) | The Authority may, on an application under paragraph 3, make a |
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scheme (“a property scheme”) providing for— |
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(a) | the transfer to the successful bidder of, or |
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(b) | the creation in favour of the successful bidder of rights in |
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| property, rights or liabilities. |
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(3) | In sub-paragraph (1)— |
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(a) | “transmission assets” means the transmission system in |
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respect of which the offshore transmission licence is (or is |
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to be) granted or anything which forms part of that system, |
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(b) | the reference to the successful bidder in paragraph (c) |
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includes, if the successful bidder is a body corporate, a |
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reference to any body corporate which was associated with |
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the successful bidder at the time the transmission assets |
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were constructed or installed. |
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(4) | Until such time as section 180 of the Energy Act 2004 (meaning of |
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“high voltage line”) comes into force, “transmission system” in |
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sub-paragraph (3)(a) includes a system which, if that section were |
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in force, would be a transmission system. |
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Further provision about the content of a scheme |
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2 (1) | A property scheme may also contain— |
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(a) | provision for the creation, in relation to property which the |
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scheme transfers, of an interest in or right over the |
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property in favour of the asset owner; |
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(b) | provision for the creation of any rights or liabilities as |
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between the asset owner and the successful bidder; |
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(c) | provision for imposing on the asset owner or the |
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successful bidder an obligation to enter into a written |
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agreement with, or to execute an instrument of another |
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kind in favour of, the other; |
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(d) | provision requiring the successful bidder to pay the asset |
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(e) | provision requiring the asset owner to pay the successful |
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(f) | supplemental, incidental and consequential provision. |
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(2) | The property, rights and liabilities which may be transferred by a |
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property scheme include property, rights or liabilities which |
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would not otherwise be capable of being transferred. |
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(3) | If a property scheme provides for the division of an estate or |
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interest in land and any rent is— |
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(a) | payable in respect of the estate or interest under a lease, or |
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(b) | charged on the estate or interest, |
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| the scheme may contain provision for apportionment or division |
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so that one part is payable in respect of, or charged on, only one |
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part of the estate or interest and the other part is payable in respect |
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of, or charged on, only the other part of the estate or interest. |
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(4) | A property scheme which contains provision which affects a third |
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party may also contain provision requiring the successful bidder |
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or the asset owner to pay the third party compensation. |
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3 (1) | An application for a property scheme may be made by— |
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(a) | the preferred bidder, |
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(b) | the successful bidder, or |
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(c) | a person who owns the property, rights and liabilities in |
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relation to which provision of a kind mentioned in |
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paragraph 1(2) is proposed to be included in the scheme. |
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(2) | An application must specify— |
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(a) | the property, rights and liabilities in relation to which |
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provision of a kind mentioned in paragraph 1(2) is |
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proposed to be included in the scheme, |
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(b) | the name and address of the non-applicant party, and |
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