Legalize / United Kingdom / Public General Act

Energy Act 2004

Type Public General Act

Publication 2004-07-22

Last updated 2025-09-18

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(a) give the chief constable a notice of his intention to require the Police Authority to exercise that power and an explanation of his grounds for doing so;

(b) give the chief constable an opportunity of making representations, including an opportunity of making representations in person; and

(3) Where the Secretary of State gives a notice under sub-paragraph (2), he must send a copy of the notice to the Police Authority.

(4) The Secretary of State must not exercise his power under sub-paragraph (1) unless he has—

(a) appointed one or more persons to hold an inquiry and to report to him; and

(b) considered the report made to him.

(5) At least one of the persons appointed under sub-paragraph (4)(a) must be a person who is not any of the following—

(a) a constable;

(b) an employee of the Police Authority;

(6) At an inquiry held under sub-paragraph (4)—

(a) the chief constable, and

(b) the Police Authority,

must each be given an opportunity of making representations, including (in the case of the chief constable) an opportunity of making representations in person.

(7) The Police Authority must pay the costs reasonably incurred by the chief constable in respect of an inquiry under this paragraph.

(8) The amount of those costs is to be assessed in such manner as the Secretary of State may direct.

(9) If the Secretary of State exercises his power under sub-paragraph (1) in relation to the chief constable, the Police Authority—

(a) must call on him to retire or to resign; and

(b) is not required to comply with paragraph 1(3) before doing so.

(10) Oral notice is not effective for the purposes of sub-paragraph (2).

Suspension of senior officers by Police Authority pending removal

3

(1) This paragraph applies where—

(a) the Police Authority has notified a senior officer that it intends to exercise its power under paragraph 1 to call on him to retire or to resign;

(b) the Secretary of State has notified the chief constable under paragraph 2 that he intends to require the Police Authority to exercise that power in his case; or

(c) the Police Authority has exercised its power under paragraph 1 in the case of a senior officer, or has been required to do so under paragraph 2, but the senior officer has not yet retired or resigned.

(2) The Police Authority may suspend the senior officer from duty.

(3) But this power is to be exercisable only where the Police Authority considers that it is necessary to exercise it in order to maintain public confidence in the Constabulary.

(4) The approval of the Secretary of State is required for a suspension under this paragraph.

Power of Secretary of State to require suspension of chief constable

4

(1) This paragraph applies where—

(a) the Police Authority has notified the chief constable that it intends to exercise its power under paragraph 1 to call on him to retire or to resign;

(b) the Secretary of State has notified the chief constable under paragraph 2 that he intends to require the Police Authority to exercise that power in his case; or

(c) the Police Authority has exercised that power, or has been required to do so under paragraph 2, but the chief constable has not yet retired or resigned.

(2) The Secretary of State may require the Police Authority to suspend the chief constable from duty.

(3) But this power is to be exercisable only where the Secretary of State considers that it is necessary to exercise it in order to maintain public confidence in the Constabulary.

(4) The Police Authority must comply with a requirement under this paragraph to suspend the chief constable from duty.

(5) Paragraph 3(3) and (4) do not apply to the suspension of the chief constable in pursuance of a requirement under this paragraph.

SCHEDULE 12

Part 1 — Planning

Determination of annual objectives for Constabulary

1

(1) Before the beginning of each financial year, the Police Authority must determine objectives for policing by the Constabulary during that year.

(2) The objectives must—

(a) incorporate every objective relating to policing imposed by directions under paragraph 1 of Schedule 13; and

(b) otherwise be consistent with the directions given by the Secretary of State to the Police Authority under this Chapter.

(3) In determining the objectives, the Police Authority must have regard to any strategic priorities determined for that year by the Secretary of State under section 37A of the Police Act 1996 (strategic priorities for police authorities).

(4) Before determining the objectives, the Police Authority must consult the chief constable.

Annual policing plan

2

(1) Before the beginning of each financial year, the Police Authority must issue a plan setting out the proposed arrangements for policing by the Constabulary during the year (the “annual policing plan”).

(2) The annual policing plan must include a statement of—

(a) the objectives determined for the year under paragraph 1;

(b) the Police Authority’s priorities for the year;

(d) the financial resources expected to be available and the proposed allocation of those resources.

(3) The annual policing plan for a financial year must be consistent with the three-year strategy plan ... issued or proposed to be issued under paragraph 3 for a period that includes that financial year.

(4) Before an annual policing plan for a financial year is issued, a draft of a plan for that year must have been—

(a) prepared by the chief constable; and

(b) submitted by him to the Police Authority for its consideration.

(5) Before the Police Authority issues an annual policing plan which differs from the draft submitted by the chief constable, it must consult him.

(6) The Police Authority must—

(a) arrange for every annual policing plan to be published in such manner as appears to it to be appropriate; and

(b) send a copy of every annual policing plan to the Secretary of State.

Three-year strategy plan

3

(1) Before the beginning of each three-year period, the Police Authority must issue a plan setting out the Police Authority’s medium and long term strategies for policing by the Constabulary during that period (the “three-year strategy plan”).

(2) Before a three year strategy plan for any period is issued, a draft of a plan for that period must have been—

(a) prepared by the chief constable; and

(b) submitted by him to the Police Authority for its consideration.

(3) Before the Police Authority issues a three-year strategy plan which differs from the draft submitted by the chief constable, it must consult him.

(4) The Police Authority must—

(a) arrange for every three-year strategy plan to be published in such manner as appears to it to be appropriate; and

(b) send a copy of every three-year strategy plan to the Secretary of State.

(5) In sub-paragraph (1), “three-year period” means—

(a) the period of three successive financial years beginning with 1 April 2024, and

(b) each subsequent period of three successive financial years.

Initial objectives and plans

4

The first objectives that are required to be determined under paragraph 1, and the first plans or draft plans to be issued or prepared under paragraphs 2 and 3, must be determined, issued or prepared as if the references in this Part of this Schedule to a financial year were references to such period ending—

(a) not more than two years after the commencement of this Part of this Schedule, and

(b) with a 31st March,

as may be notified to the Police Authority by the Secretary of State.

Part 2 — Reports

Annual report by chief constable

5

The chief constable must, as soon as possible after the end of each reporting year—

(a) submit to the Police Authority a report on the policing carried out by the Constabulary during that year; and

(b) arrange for the report to be published in such manner as appears to him to be appropriate.

Power of Police Authority to require reports

6

(1) Whenever he is required to do so by the Police Authority, the chief constable must submit to it a report—

(a) on such matters connected with policing by the Constabulary, and

(b) in such form,

as it may specify.

(2) The Police Authority may—

(a) arrange for a report submitted to it under this paragraph to be published in such manner as appears to it to be appropriate; or

(b) require the chief constable to arrange for it to be published in that manner.

(3) If it appears to the chief constable that a report required from him under this paragraph would contain—

(a) information which, in the public interest, ought not to be disclosed, or

(b) information which is not needed by the Police Authority for the carrying out of its functions,

he may request the Police Authority to refer its requirement for a report to the Secretary of State.

(4) Where a request is made under sub-paragraph (3), the requirement for the report has effect only to the extent that it is confirmed by the Secretary of State.

Annual report by Police Authority

7

(1) As soon as possible after the end of each reporting year, the Police Authority must issue a report relating to the policing carried out by the Constabulary during that year (an “annual report”).

(2) The annual report must include an assessment of the extent to which, during that year, proposals have been implemented and things have been done in accordance with—

(a) the three-year strategy plan ... for a period in which that year ends; and

(b) the annual policing plan issued—

(i) in the case of the first annual report, for every financial year the whole or a part of which is included in the reporting year; and

(ii) in any other case, for the financial year that coincides with the reporting year.

(3) The Police Authority must send a copy of each annual report to the Secretary of State.

(4) Where the Secretary of State receives a copy of the Police Authority’s annual report for any year, he must—

(a) lay it before Parliament; and

(b) arrange for it to be published in such manner as appears to him to be appropriate.

Power of Secretary of State to require reports

8

(1) The Secretary of State may at any time require the Police Authority to submit to him a report on such matters connected with—

(a) the carrying out of its functions, or

(b) policing by the Constabulary,

as he may specify.

(2) The Secretary of State may at any time require the chief constable to submit to him a report on such matters connected with policing by the Constabulary as the Secretary of State may specify.

(3) If the Secretary of State specifies a particular form for a report under this paragraph, the report must be submitted in that form.

(4) Where a report is submitted to the Secretary of State under this paragraph, he may—

(a) arrange for it to be published in such manner as appears to him to be appropriate; or

(b) require the person submitting the report to arrange for it to be published in that manner.

Meaning of “reporting year”

9

(1) In this Part of this Schedule “reporting year”, in relation to the Police Authority or the chief constable, means—

(a) the initial reporting year; or

(b) a financial year after the end of the initial reporting year.

(2) In this paragraph “the initial reporting year” means—

(a) where the Police Authority is established at the beginning of a financial year, that financial year; and

(b) in any other case, the period which begins with the day on which the Police Authority is established and ends—

(i) if no direction is given under sub-paragraph (ii), with 31st March in the financial year current on that day; and

(ii) if the Secretary of State so directs, with 31st March at the end of the following financial year.

SCHEDULE 13

Objectives

1

(1) The Secretary of State may give directions to the Police Authority setting out objectives for that Authority for a financial year.

(2) The objectives may include—

(a) objectives to be met generally in the carrying out by the Police Authority of its functions;

(b) objectives to be met in the carrying out by the Police Authority of particular functions, or in its carrying out of functions, or particular functions, at particular times or places;

(d) objectives to be met in securing proper accountability by the Police Authority for its own activities and for those of the Constabulary.

(3) Before giving a direction under this paragraph, the Secretary of State must consult—

(a) the Police Authority; and

(b) the chief constable.

Directions with respect to the Constabulary

2

(1) The Secretary of State may give directions to the Police Authority requiring it to secure—

(a) that such tasks are performed by members of the Constabulary as are set out in the direction, or as are determined under it;

(b) that the tasks so set out or determined are performed in the manner so set out or determined;

(c) that the financial and other resources available to the Police Authority are allocated and used in such manner as is so set out or determined;

(d) that the practices and procedures relating to security that are so set out or determined are adopted and followed by members of the Police Authority;

(e) that the practices and procedures (relating to security or any other matter) that are so set out or determined are adopted and followed by and in relation to members of the Constabulary and other employees of the Police Authority, and in relation to their appointment as such;

(f) that the practices and procedures (relating to security or any other matter) that are so set out or determined are adopted and followed in relation to agreements between the Police Authority and other persons;

(g) that the criteria so set out or determined are applied in assessing the performance of members of the Constabulary and of other employees of the Police Authority, and in determining their operational, training and equipment needs; and

(h) that such persons authorised by the Secretary of State as are so set out or determined are given an entitlement, for the purpose of enabling them to monitor or inspect the activities of the Police Authority and of its employees, to have access to or make use of—

(i) premises occupied by or under the control of the Police Authority;

(ii) apparatus maintained for use by members or employees of the Police Authority; and

(iii) documents and records in the custody or under the control of the Police Authority or of the chief constable.

(2) The Secretary of State may also give the Police Authority such other general or specific directions as he considers appropriate for securing the efficient and effective operation of the Constabulary.

(3) Before giving a direction under this paragraph, the Secretary of State must consult—

(a) the Police Authority; and

(b) the chief constable.

(4) In this paragraph references to adopting and following practices or procedures include references to meeting and complying with standards or guidelines.

Government, administration and conditions of service

3

(1) The Secretary of State may give directions to the Police Authority as to the government, administration and conditions of service of the Constabulary and its members.

(2) The provision that may be required by directions under this paragraph, and that is to be capable of being made in pursuance of any such directions, includes any provision that may be made in relation to police forces under section 50 of the Police Act 1996 (c. 16) (police force regulations).

(2A) To the extent that sub-paragraph (2) concerns provision that may be made in pursuance of section 50(3A) of the Police Act 1996, the reference in sub-paragraph (1) to members of the Constabulary includes former members.

(3) If a direction under this paragraph relates to a matter which is the subject of regulations under section 50 of the Police Act 1996, the direction may differ from those regulations only so far as necessary to take account of differences relating to the structure and circumstances of the Constabulary.

(4) Before giving a direction under this paragraph, the Secretary of State must consult—

(a) the Police Authority;

(b) the chief constable;

(d) if the direction affects members of a rank-related association, that association.

Remedial action

4

(1) This paragraph applies where the Secretary of State considers that the Police Authority is failing—

(a) to meet an objective set out by him under this Schedule; or

(b) to comply with a direction given under this Schedule.

(2) This paragraph also applies where a report under section 62 following an inspection states—

(a) that the Constabulary is, whether generally or in a specified respect, not efficient or not effective; or

(b) that the Constabulary is likely, unless remedial action is taken, to cease to be efficient or effective, whether generally or in a specified respect.

(3) Where this paragraph applies, the Secretary of State may give a direction requiring the Police Authority to take the particular steps specified in the direction for the purpose of remedying—

(a) the failure to meet the objective or to comply with the direction; or

(b) the matters stated in the report under section 62.

(4) Before giving a direction under this paragraph, the Secretary of State must—

(a) notify the Police Authority and the chief constable of his intention to give a direction and of his reasons for doing so; and

(b) give the Police Authority and the chief constable an opportunity of making representations.

SCHEDULE 14

Public Records Act 1958

1

In paragraph 3 of Schedule 1 to the Public Records Act 1958 (c. 51) (administrative and departmental records of certain bodies to be public records), in Part 2 of the Table, at the appropriate place, insert— “ Civil Nuclear Police Authority. ”

Police (Scotland) Act 1967

2

(1) Section 12 of the Police (Scotland) Act 1967 (c. 77) (collaboration agreements) is amended as follows.

(2) After subsection (6) insert—

(6A) For the purposes of this section— (a) the Civil Nuclear Constabulary shall be treated as if it were a police force; (b) “police functions” shall include the functions of the Civil Nuclear Constabulary; (c) the Civil Nuclear Police Authority shall be treated as if it were a police authority; and (d) “police area”, in relation to the Civil Nuclear Constabulary and the Civil Nuclear Police Authority, means those places where members of that Constabulary have the powers and privileges of a constable.

(3) In subsection (7) after “British Transport Police Force” insert “ or the Civil Nuclear Constabulary ”.

Firearms Act 1968

3

In section 54 of the Firearms Act 1968 (c. 27) (application to Crown servants), after subsection (3) insert—

(3AA) For the purposes of this section and of any rule of law whereby any provision of this Act does not bind the Crown— (a) a member of the Civil Nuclear Constabulary shall be deemed to be a person in the service of Her Majesty; and (b) references to the public service shall be deemed to include references to use by a person in the exercise and performance of his powers and duties as a member of the Civil Nuclear Constabulary.

Race Relations Act 1976

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ministry of Defence Police Act 1987

5

(1) In section 2 of the Ministry of Defence Police Act 1987 (c. 4) (jurisdiction of Ministry of Defence Police)—

(a) for subsection (3A)(d) substitute—

(d) the Civil Nuclear Constabulary,

;

(b) in subsection (3B)(d), for “United Kingdom Atomic Energy Authority Constabulary” substitute “ Civil Nuclear Constabulary ”.

(2) In section 2A(4) of that Act (provision of assistance to other forces)—

(a) in the definition of “chief officer”, in paragraph (d), for “United Kingdom Atomic Energy Authority Constabulary” substitute “ Civil Nuclear Constabulary ”; and

(b) in the definition of “relevant force”, for paragraph (d) substitute—

(d) the Civil Nuclear Constabulary.

(3) In section 2B(3) of that Act (constables serving with other forces)—

(a) in the definition of “chief officer”, in paragraph (f), for “United Kingdom Atomic Energy Authority Constabulary” substitute “ Civil Nuclear Constabulary ”; and

(b) in the definition of “relevant force”, for paragraph (f) substitute—

(f) the Civil Nuclear Constabulary.

Official Secrets Act 1989

6

In section 12 of the Official Secrets Act 1989 (c. 6) (Crown servants etc.), after subsection (4) insert—

(4A) In this section the reference to a police force includes a reference to the Civil Nuclear Constabulary.

Police Act 1996

7

In section 23 of the Police Act 1996 (c. 16) (collaboration agreements), after subsection (7A) insert—

(7B) For the purposes of this section— (a) the Civil Nuclear Constabulary shall be treated as if it were a police force; (b) the chief constable of the Civil Nuclear Constabulary shall be treated as if he were the chief officer of police of that Constabulary; (c) “police functions” shall include the functions of the Civil Nuclear Constabulary; and (d) the Civil Nuclear Police Authority shall be treated as if it were a police authority.

Regulation of Investigatory Powers Act 2000

8

(1) In section 46(3) of the Regulation of Investigatory Powers Act 2000 (c. 23) (persons in relation to whom authorisations may apply to any place in the United Kingdom), after paragraph (d) insert—

(dza) the Civil Nuclear Constabulary;

(2) In Part 1 of Schedule 1 to that Act (relevant authorities for the purposes of sections 28 and 29), for paragraph 1A substitute—

(1A) The Civil Nuclear Constabulary.

Criminal Justice and Police Act 2001

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Anti-terrorism, Crime and Security Act 2001

10

(1) In section 77(7) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (interpretation of section 77), for the definitions of “nuclear material” and “nuclear site” substitute—

“nuclear material” has the same meaning as in Chapter 3 of Part 1 of the Energy Act 2004; “nuclear site” means a licensed nuclear site within the meaning of that Chapter;

(2) In section 79(4) of that Act (interpretation of section 79), for the definition of “nuclear material” substitute—

“nuclear material” has the same meaning as in Chapter 3 of Part 1 of the Energy Act 2004;

(3) In section 100(1) of that Act (jurisdiction of British Transport Police when assisting other forces), for paragraph (c) substitute—

(c) the Civil Nuclear Constabulary,

Police Reform Act 2002

11

In section 82 of the Police Reform Act 2002 (c. 30) (nationality requirements applicable to police officers)—

(a) for subsection (1)(e) substitute—

(e) a member of the Civil Nuclear Constabulary;

;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 15

Preliminary

1

The 1993 Act is amended as follows.

Applications for authorisations

2

In section 16(6) (obligation to send copy of application to local authorities), for “any application being made” substitute “ receipt of an application ”.

Duty to display documents

3

In section 19 (duty to display authorisation etc.), for “to whom the authorisation was granted” substitute “ who holds the authorisation ”.

Requirements with respect to records

4

In section 20(1) (imposition of requirements with respect to records), for “an authorisation under section 13 or 14 has been granted” substitute “ who holds an authorisation under section 13 or 14 ”.

Enforcement notices

5

(1) In subsection (1) of section 21 (enforcement notifications), for “to whom an authorisation was granted under section 13 or 14” substitute “ who holds an authorisation under section 13 or 14 ”.

(2) In subsection (4)(b) of that section, after “16(9)(b)” insert “ or 16A(8)(d) ”.

Prohibition notices

6

In section 22(6) (copy of prohibition notice to be served on persons to whom authorisation copied under section 16(9)(b)), after “16(9)(b)” insert “ or 16A(8)(d) ”.

Directions in relation to applications etc.

7

(1) In subsection (1)(b) of section 23 (directions in relation to applications), after “14” insert “ or for the transfer (in whole or in part) or variation of an authorisation ”.

(2) In subsection (2)(a) of that section, after “authorisation” insert “ or for the transfer (in whole or in part) or variation of an authorisation ”.

(3) After subsection (2)(c) of that section insert—

(ca) to grant an application for the transfer (in whole or in part) of an authorisation, or (cb) to carry out a review under section 17A, or

Power to call in applications

8

In section 24(1)(a) (applications that may be called in), for “or authorisations” substitute “ , authorisations, transfers or variations ”.

Power to restrict knowledge of applications etc.

9

(1) In subsection (2)(a) of section 25 (directions to restrict knowledge of information about applications), after “14” insert “ or for the transfer (in whole or in part) or variation of an authorisation ”.

(2) In subsection (3) of that section—

(a) for “, as the case may be” substitute “ or notice of variation ”; and

(b) in paragraph (b), after “16” insert “ 16A or 17 ”.

Appeals

10

(1) In subsection (1) of section 26 (appeals), after paragraph (a) insert—

(aa) refuses an application under section 16A or 17 for the transfer (in whole or in part) or variation of such an authorisation,

(2) In subsection (5) of that section, after paragraph (b) insert—

(c) in relation to an application under section 16A for the transfer of an authorisation, either or both of the persons making the application; (d) in relation to an application for a variation under section 17, the person applying for the variation.

Offences

11

In each of paragraphs (c) and (d) of section 32(1) (offences relating to registrations and authorisations), for “to whom an authorisation under section 13 or 14 has been granted” substitute “ who holds an authorisation under section 13 or 14 ”.

False and misleading statements

12

In section 34A (offences of making false and misleading statements)—

(a) in subsection (1)(a), after “14” insert “ , any transfer of such an authorisation under section 16A ”; and

(b) in subsection (2)(a), for “or an authorisation under section 13 or 14” substitute “ , an authorisation under section 13 or 14 or a transfer under section 16A ”.

Meaning of “prescribed”

13

In section 47(1) (interpretation), for the definition of “prescribed” substitute—

“prescribed”— (a) in relation to a charging scheme under section 41 of the Environment Act 1995, has the same meaning as in that section; (b) in relation to fees or charges payable in Northern Ireland in accordance with a scheme under section 43 of this Act, means prescribed under that scheme; and (c) in other contexts, means prescribed by regulations under this Act.

SCHEDULE 16

Interpretation

1

In this Schedule references to a safety zone notice are references to a notice under section 95.

2

In this Schedule “relevant renewable energy installation”, in relation to an application for a safety zone notice or a proposal by the appropriate Minister to issue such a notice, means the renewable energy installation by reference to which the notice applied for or proposed would fall to be issued.

Requirements for applications

3

(1) An application for a safety zone notice must describe, by way of a map—

(a) the place where the relevant renewable energy installation is to be, or is being, constructed, extended, operated or decommissioned; and

(b) the waters in relation to which any declaration applied for will establish a safety zone.

(2) The application must also—

(a) describe the other provisions the application asks to be included in the notice applied for; and

(b) include such other information as may be prescribed by regulations made by the appropriate Minister.

(3) An application is not allowed to be made orally.

Objections to an application

4

(1) The appropriate Minister may by regulations make provision for securing—

(a) that, in the prescribed circumstances, notice of an application is published in the prescribed manner;

(b) that, in the prescribed circumstances and in any other case where the appropriate Minister so directs, notice of an application is served on the persons who are prescribed or are specified in the direction;

(c) that every notice published or served in pursuance of the regulations states the period within which objections to the application may be made, and the manner in which any objections are to be made;

(d) that the period so stated is not less than the prescribed period after the publication or service of the notice;

(e) that, where such a notice requires objections to be sent to a person other than the appropriate Minister, the recipient of the objections is required to send copies of them to the appropriate Minister.

(2) The regulations may provide that the appropriate Minister may give such directions dispensing with the requirements of the regulations as he considers appropriate.

(3) Where objections, or copies of objections, to an application have been sent to the appropriate Minister in compliance with the regulations, the appropriate Minister—

(a) must consider those objections, together with all other material considerations, with a view to determining whether a public inquiry should be held with respect to the application; and

(b) if he thinks it appropriate to do so, must cause a public inquiry to be held, either in addition to or instead of any other hearing or opportunity of stating objections to the application.

(4) In this paragraph “prescribed” means prescribed by regulations under this paragraph.

Objections in other cases

5

(1) This paragraph applies where—

(a) the appropriate Minister is proposing to issue a safety zone notice without an application having been made; or

(b) the appropriate Minister, in response to an application but without the holding of a public inquiry, is proposing to issue a safety zone notice in terms that are materially different from those applied for.

(2) The appropriate Minister must—

(a) publish notice of the proposal in such manner as he considers appropriate for bringing it, as soon as is reasonably practicable, to the attention of persons likely to be affected by it; and

(b) serve notice of the proposal on such persons as he considers appropriate.

(3) The notice that is published or served must describe, by way of a map—

(a) the place where the relevant renewable energy installation is to be, or is being, constructed, extended, operated or decommissioned; and

(b) the waters in relation to which any declaration proposed will establish a safety zone;

and it must also describe the other provisions that the appropriate Minister proposes to include in the safety zone notice.

(4) That notice must also—

(a) state the period within which objections to the proposal may be made; and

(b) the manner in which any objections are to be made.

(5) The period for making objections must not be shorter than the minimum period which would be applicable, in accordance with regulations under paragraph 4, if the notice were being published in respect of an application for a safety zone notice.

(6) Where objections or copies of objections to the proposal have been sent to the appropriate Minister, he—

(a) must consider those objections, together with all other material considerations, with a view to determining whether a public inquiry should be held with respect to the proposal; and

(b) if he thinks it appropriate to do so, must cause a public inquiry to be held, either in addition to or instead of any other hearing or opportunity of stating objections to the proposal.

Public inquiries

6

(1) This paragraph applies where a public inquiry is to be held.

(2) In the case of an inquiry to be held in respect of an application—

(a) the appropriate Minister must inform the applicant that it is to be held; and

(b) the applicant must, in two successive weeks, publish a notice in one or more local newspapers circulating in one or more areas determined in accordance with regulations made by the appropriate Minister.

(3) In the case of an inquiry in respect of a proposal of the appropriate Minister, he must publish a notice in such manner as he considers appropriate for 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

(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.

(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 appropriate Minister.

(7) If it appears to the appropriate Minister, in the case of an inquiry in respect of such an application, that further notification of the inquiry should be given (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 appropriate Minister may direct the applicant to take such further steps for that purpose (whether by the service of notices, 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 appropriate Minister, 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 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—

(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 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) 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 appropriate Minister; and

(b) is not a public inquiry in respect of an application.

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 other inquiries.

(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 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

(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 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

(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.

(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 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 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—

(a) if made by the Secretary of State or the Welsh Ministers, are subject to the negative resolution procedure;

(b) if made by the Scottish Ministers, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

SCHEDULE 17

Licensing scheme

1

(1) Before the commencement of section 136, the Secretary of State shall make a scheme in relation to existing transmission licences.

(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 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 137(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 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.

(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—

(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 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.

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.

Effect of licensing scheme

3

(1) A scheme under paragraph 1 shall, by virtue of this paragraph, have effect according to its terms.

(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

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 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 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

(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”

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 136 comes into force.

SCHEDULE 18

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,

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

(2) A scheme under sub-paragraph (1) (“a property arrangements scheme”) may also contain—

(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 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;

(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 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 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 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

(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 141 comes into force.

(3) An application for a property arrangements scheme shall specify the 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 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 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 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 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.

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 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 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 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 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,

(b) any existing transmission licence holder, and

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.

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 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 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.

(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 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

(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 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, 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),

(b) GEMA has made a property arrangements scheme in relation to the property, rights or liabilities concerned, and

(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 concerned, necessary or expedient for implementation purposes, it may include in the order provision quashing the scheme.

(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 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),

(b) GEMA has made a property arrangements scheme in relation to the property, rights or liabilities concerned, and

(2) The Tribunal may include in the order such provision as it thinks fit for the purpose of doing justice between—

(a) the system operator,

(b) the relevant existing transmission licence holder, and

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 retransfer,

(b) provision for the surrender or extinction of rights, and

14

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

(b) the relevant existing transmission licence holder, or

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 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 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 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.

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 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 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 paragraph 16 or 17.

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—

“existing transmission licence” means a transmission licence which is in force immediately before the day on which section 136 comes into force;

“implementation purposes” means the purposes of implementing the new trading and transmission arrangements in accordance with the 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 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 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 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

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)

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.

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.

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.

(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 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.

(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 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 “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, 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) (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 ”.

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 ”.

(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 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 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)—

(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 ”.

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 same meaning given by section 4(4) above;

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

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)

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 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

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 under this section, or (b) under the Energy Act 2004.

SCHEDULE 20

Part 1 — 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 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 a non-GB company with the further modifications for which provision is made by or under Part 3 of this Schedule.

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.

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 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 ”;

(b) for “administration order” in each place where it occurs substitute “ energy administration order ”;

(d) for “enters administration” in each place where it occurs substitute “ 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 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, 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-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).

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” substitute “ objective of the energy administration should be achieved by means other than just a rescue of the company as a going concern ”.

(2) After sub-paragraph (4)(a) of that paragraph insert—

(aa) to the Secretary of State and to GEMA,

11

For paragraph 54 (revision of administrator’s proposals) substitute—

(54) (1) The energy administrator of a company may on one or more occasions revise the proposals included in the statement made under paragraph 49 in relation to the company. (2) Where the energy administrator thinks that a revision by him is substantial, he must send a copy of the revised proposals— (a) to the registrar of companies, (b) to the Secretary of State and to GEMA, (c) to every creditor of the company of whose claim and address he is aware, and (d) to every member of the company of whose address he is aware. (3) A copy sent in accordance with sub-paragraph (2) must be sent within the prescribed period. (4) The energy administrator is to be taken to have complied with sub-paragraph (2)(d) if he publishes, in the prescribed manner, a notice undertaking to provide a copy of the revised proposals free of charge to any member of the company who applies in writing to a specified address. (5) The energy administrator commits an offence if he fails without reasonable excuse to comply with this paragraph.

12

In paragraph 60 (powers of an administrator), the existing text is to be sub-paragraph (1) and after that sub-paragraph insert—

(2) The energy administrator of a company has the power to act on behalf of the company for the purposes of any enactment or subordinate legislation which confers a power on the company, or imposes a duty on it. (3) In sub-paragraph (2) “enactment” has the same meaning as in the Energy Act 2004.

13

(1) In paragraph 68 (management duties of an administrator), for sub-paragraph (1)(a) to (c) substitute

the proposals as— (a) set out in the statement made under paragraph 49 in relation to the company, and (b) from time to time revised under paragraph 54, for achieving the objective of the energy administration.

(2) For sub-paragraph (3)(a) to (d) of that paragraph substitute “ the directions are consistent with the achievement of the objective of the energy administration ”.

14

In paragraphs 71(3)(b) and 72(3)(b) (handling of secured property), for “market” substitute “ the appropriate ”.

15

In paragraph 73(3) (which contains a reference to the administrator’s proposals), for “or modified” substitute “ under paragraph 54 ”.

16

(1) In paragraph 74 (challenge to administrator’s conduct), for sub-paragraph (2) substitute—

(2) Where a company is in energy administration, a person mentioned in sub-paragraph (2A) may apply to the court claiming that the energy administrator is conducting himself in a manner preventing the achievement of the objective of the energy administration as quickly and efficiently as is reasonably practicable. (2A) The persons who may apply to the court under sub-paragraph (2) are— (a) the Secretary of State; (b) with the consent of the Secretary of State, GEMA; (c) a creditor or member of the company.

(2) In sub-paragraph (6) of that paragraph, for paragraphs (a) to (c) substitute—

(a) a voluntary arrangement approved under Part 1, or (b) a compromise or arrangement sanctioned under section 899 or 901F of the Companies Act 2006 (compromise with creditors and members).

(3) After that sub-paragraph insert—

(7) In the case of a claim made otherwise than by the Secretary of State or GEMA, the court may grant a remedy or relief or make an order under this paragraph only if it has given the Secretary of State or GEMA a reasonable opportunity of making representations about the claim and the proposed remedy, relief or order. (8) The court may grant a remedy or relief or make an order on an application under this paragraph only if it is satisfied, in relation to the matters that are the subject of the application, that the energy administrator— (a) is acting, (b) has acted, or (c) is proposing to act, in a way that is inconsistent with the achievement of the objective of the energy administration as quickly and as efficiently as is reasonably practicable. (9) Before the making of an order of the kind mentioned in sub-paragraph (4)(d)— (a) the court must notify the energy administrator of the proposed order and of a period during which he is to have the opportunity of taking steps falling within sub-paragraphs (10) to (12); and (b) the period notified must have expired without the taking of such of those steps as the court thinks should have been taken; and that period must be a reasonable period. (10) In the case of a claim under sub-paragraph (1)(a), the steps referred to in sub-paragraph (9) are— (a) ceasing to act in a manner that unfairly harms the interests to which the claim relates; (b) remedying any harm unfairly caused to those interests; and (c) steps for ensuring that there is no repetition of conduct unfairly causing harm to those interests. (11) In the case of a claim under sub-paragraph (1)(b), the steps referred to in sub-paragraph (9) are steps for ensuring that the interests to which the claim relates are not unfairly harmed. (12) In the case of a claim under sub-paragraph (2), the steps referred to in sub-paragraph (9) are— (a) ceasing to act in a manner preventing the achievement of the objective of the energy administration as quickly and as efficiently as is reasonably practicable; (b) remedying the consequences of the energy administrator having acted in such a manner; and (c) steps for ensuring that there is no repetition of conduct preventing the achievement of the objective of the energy administration as quickly and as efficiently as is reasonably practicable.

17

In paragraph 75(2) (misfeasance), after paragraph (b) insert—

(ba) a person appointed as an administrator of the company under the provisions of this Act, as they have effect in relation to administrators other than energy administrators,

18

(1) In paragraph 79 (end of administration), for sub-paragraphs (1) and (2) substitute—

(1) On an application made by a person mentioned in sub-paragraph (2), the court may provide for the appointment of an energy administrator of a company to cease to have effect from a specified time. (2) An application may be made to the court under this paragraph— (a) by the Secretary of State, (b) with the consent of the Secretary of State, by GEMA, or (c) with the consent of the Secretary of State, by the energy administrator.

(2) Omit sub-paragraph (3) of that paragraph.

19

In paragraph 83(3) (notice to registrar when moving to voluntary liquidation), after “may” insert “ , with the consent of the Secretary of State or of GEMA, ”.

20

(1) In paragraph 84 (notice to registrar when moving to dissolution), in sub-paragraph (1), for “to the registrar of companies” substitute—

(a) to the Secretary of State and to GEMA; and (b) if directed to do so by either the Secretary of State or GEMA, to the registrar of companies.

(2) Omit sub-paragraph (2) of that paragraph.

(3) In sub-paragraphs (3) to (6) of that paragraph, for “(1)”, wherever occurring, substitute “ (1)(b) ”.

21

In paragraph 87 (resignation of administrator), for sub-paragraph (2)(a) to (d) substitute “ by notice in writing to the court ”.

22

In paragraph 89 (administrator ceasing to be qualified), for sub-paragraph (2)(a) to (d) substitute “ to the court ”.

23

In paragraph 90 (filling vacancy in office of administrator), for “Paragraphs 91 to 95 apply” substitute “ Paragraph 91 applies ”.

24

(1) In paragraph 91 (vacancies in court appointments), for sub-paragraph (1) substitute—

(1) The court may replace the energy administrator on an application made— (a) by the Secretary of State; (b) with the consent of the Secretary of State, by GEMA; or (c) where more than one person was appointed to act jointly as the energy administrator, by any of those persons who remains in office.

(2) Omit sub-paragraph (2) of that paragraph.

25

In paragraph 98 (discharge from liability on vacation of office), omit sub-paragraphs (2)(b) and (3).

26

(1) In paragraph 99 (charges and liabilities upon vacation of office by administrator), in sub-paragraph (4), for the words from the beginning to “cessation”, where first occurring, substitute “ A sum falling within sub-paragraph (4A) ”.

(2) After that sub-paragraph insert—

(4A) A sum falls within this sub-paragraph if it is— (a) a sum payable in respect of a debt or liability arising out of a contract that was entered into before cessation by the former energy administrator or a predecessor; (b) a sum that must be repaid by the company in respect of a grant that was made before cessation under section 165 of the Energy Act 2004 as is mentioned in subsection (4) of that section; (c) a sum that must be repaid by the company in respect of a loan made before cessation under that section or that must be paid by the company in respect of interest payable on such a loan; (d) a sum payable by the company under subsection (4) of section 166 of that Act in respect of an agreement to indemnify made before cessation; or (e) a sum payable by the company under subsection (5) of section 167 of that Act in respect of a guarantee given before cessation.

(3) In sub-paragraph (5) of that paragraph, for “(4)” substitute “ (4A)(a) ”.

27

In paragraph 100 (joint and concurrent administrators), omit sub-paragraph (2).

28

In paragraph 101(3) (joint administrators), after “87 to” insert “ 91, 98 and ”.

29

(1) In paragraph 103 (appointment of additional administrators), in sub-paragraph (2)—

(a) omit the words from the beginning to “order”;

(b) for paragraph (a) substitute—

(a) the Secretary of State, (aa) GEMA, or

(2) After that sub-paragraph insert—

(2A) The consent of the Secretary of State is required for an application by GEMA for the purposes of sub-paragraph (2).

(3) Omit sub-paragraphs (3) to (5) of that paragraph.

30

In paragraph 106 (penalties), omit sub-paragraph (2)(a), (b), (f), (g), (i) and (l) to (n).

31

In paragraph 109 (references to extended periods), omit “or 108”.

32

(1) In sub-paragraph (1) of paragraph 111 (interpretation)—

(a) omit the definitions of “correspondence”, “holder of a qualifying floating charge”, “market value”, “the purpose of administration” and “unable to pay its debts”;

(b) after the definition of “administrator” (as amended by virtue of paragraph 4 of this Schedule) insert—

“appropriate value” means the best price which would be reasonably available on a sale which is consistent with the achievement of the objective of the energy administration;

“company”, “court” and “energy administration order” have the same meanings as in Chapter 3 of Part 3 of the Energy Act 2004;

(d) after the definition of “creditors' meeting” insert—

“energy administration application” means an application to the court for an energy administration order under Chapter 3 of Part 3 of the Energy Act 2004; “GEMA” means the Gas and Electricity Markets Authority;

(e) after the definition of “hire purchase agreement” insert—

“objective”, in relation to an energy administration, is to be construed in accordance with section 155 of the Energy Act 2004; “prescribed” means prescribed by energy administration rules within the meaning of Chapter 3 of Part 3 of the Energy Act 2004;

(2) After sub-paragraph (3) of that paragraph insert—

(4) For the purposes of this Schedule a reference to an energy administration order includes a reference to an appointment under paragraph 91 or 103.

Part 3 — Further Schedule B1 modifications for non-GB companies

Introductory

33

(1) Where the provisions of Schedule B1 to the 1986 Act specified in paragraph 2 of this Schedule (as modified by Part 2 of this Schedule) have effect in relation to a non-GB company, they shall do so subject to the further modifications that are set out—

(a) in this Part of this Schedule; or

(b) in an order made by the Secretary of State for the purposes of this paragraph.

(2) An order under this paragraph may include modifications of paragraphs 35 to 40.

(3) An order under this paragraph is subject to the negative resolution procedure.

34

In paragraphs 35 to 40—

(a) the provisions of Schedule B1 to the 1986 Act that are specified in paragraph 2 are referred to as the applicable provisions; and

(b) references to those provisions, or to provisions comprised in them, are references to those provisions as modified by Part 2 of this Schedule.

Modifications

35

In the case of a non-GB company—

(a) paragraphs 42(2), 83 and 84 of Schedule B1 to the 1986 Act do not apply;

(b) paragraphs 46(4), 49(4)(a), 54(2)(a), 71(5) and (6), 72(4) and (5) and 86 of that Schedule apply only if the company is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies); and

36

(1) The applicable provisions and Schedule 1 to the 1986 Act (as applied by paragraph 60(1) of Schedule B1 to that Act) are to be construed ... by reference to the limitation imposed upon the scope of the energy administration order in question by virtue of section 154(4) of this Act.

(2) Sub-paragraph (1) has effect, in particular, so that—

(a) a power conferred, or duty imposed, upon the energy administrator by or under the applicable provisions or Schedule 1 to the 1986 Act is to be construed as being conferred or imposed only in relation to the affairs and business of the company so far as carried on in Great Britain and to its property in Great Britain;

(b) references to the affairs, business or property of the company are to be construed as references to its affairs or business so far as carried on in Great Britain or to its property in Great Britain;

(c) references to goods in the company’s possession are to be construed as references to goods in the possession of the company in Great Britain;

(d) references to premises let to the company are to be construed as references to premises let to the company in Great Britain;

(e) references to legal process instituted or continued against the company or property of the company are to be construed as references to such legal process relating to the affairs or business of the company so far as carried on in Great Britain or to its property in Great Britain.

37

(1) Paragraph 41 of Schedule B1 to the 1986 Act (dismissal of receivers) has effect ... as if—

(a) for sub-paragraph (1) there were substituted the sub-paragraphs set out in sub-paragraph (2) of this paragraph; and

(b) sub-paragraphs (2) to (4) of that paragraph were omitted.

(2) The sub-paragraphs treated as substituted for paragraph 41(1) are—

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