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

(1) Where an energy administration order takes effect in respect of a company— (a) a person appointed to perform functions equivalent to those of an administrative receiver, and (b) if the energy administrator so requires, a person appointed to perform functions equivalent to those of a receiver, shall refrain, during the period specified in sub-paragraph (1A), from performing those functions in Great Britain or in relation to any of the company’s property in Great Britain. (1A) That period is— (a) in the case of a person mentioned in sub-paragraph (1)(a), the period while the company is in energy administration; and (b) in the case of a person mentioned in sub-paragraph (1)(b), during so much of that period as is after the date on which he is required by the energy administrator to refrain from performing his functions.

38

Paragraph 43(6A) of Schedule B1 to the 1986 Act (moratorium on appointment to receiverships) has effect ... as if for “An administrative receiver” there were substituted “ A person with functions equivalent to those of an administrative receiver ”.

39

Paragraph 44(7) of Schedule B1 to the 1986 Act (proceedings to which interim moratorium does not apply) has effect ... as if for paragraph (d) there were substituted—

(d) the carrying out of his functions by a person who (whenever his appointment) has functions equivalent to those of an administrative receiver of the company.

40

Paragraph 64 of Schedule B1 to the 1986 Act (general powers of administrator) has effect ... as if—

(a) in sub-paragraph (1), after “power” there were inserted “ in relation to the affairs or business of the company so far as carried on in Great Britain or to its property in Great Britain ”; and

(b) in sub-paragraph (2)(b), after “instrument” there were inserted “ or by the law of the place where the company is incorporated ”.

Part 4 — Other modifications

General modifications

41

(1) Subject to paragraph 42, every reference falling within sub-paragraph (2) which is contained—

(a) in a provision of the 1986 Act (other than Schedule B1), or

(b) in any other enactment passed before this Act,

shall have effect as including a reference to whatever corresponds to it for the purposes of this paragraph.

(2) Those references are those (however expressed) which are or include references to—

(a) an administrator appointed by an administration order;

(b) an administration order;

(d) a company in administration;

(e) entering into administration;

(f) Schedule B1 or a provision of that Schedule.

(3) For the purposes of this paragraph—

(a) an energy administrator corresponds to an administrator appointed by an administration order;

(b) an energy administration order corresponds to an administration order;

(d) a company in energy administration corresponds to a company in administration;

(e) entering into energy administration corresponds to entering into administration;

(f) what corresponds to Schedule B1 or a provision of that Schedule is that Schedule or that provision as applied by Part 1 of this Schedule.

42

(1) Paragraph 41, in its application to section 1(3) of the 1986 Act, does not entitle the energy administrator of an unregistered company to make a proposal under Part 1 of that Act (company voluntary arrangements).

(2) Paragraph 41 does not confer any right under section 7(4) of the 1986 Act (implementation of voluntary arrangements) for a supervisor of voluntary arrangements to apply for an energy administration order in relation to a protected energy company.

(3) Paragraph 41 does not apply to section 359 of the Financial Services and Markets Act 2000 (c. 8) (administration order).

Modifications of 1986 Act

43

In section 5 of the 1986 Act (effect of approval of voluntary arrangements) after subsection (4) insert—

(5) Where the company is in energy administration, the court shall not make an order or give a direction under subsection (3) unless— (a) the court has given the Secretary of State or the Gas and Electricity Markets Authority a reasonable opportunity of making representations to it about the proposed order or direction; and (b) the order or direction is consistent with the objective of the energy administration. (6) In subsection (5) “in energy administration” and “objective of the energy administration” are to be construed in accordance with Schedule B1 to this Act, as applied by Part 1 of Schedule 20 to the Energy Act 2004.

44

(1) Section 6 of that Act (challenge of decisions in relation to voluntary arrangements) is amended as follows.

(2) In subsection (2) for “this section” substitute “ subsection (1) ”.

(3) After that subsection insert—

(2A) Subject to this section, where a voluntary arrangement in relation to a company in energy administration is approved at the meetings summoned under section 3, an application to the court may be made— (a) by the Secretary of State, or (b) with the consent of the Secretary of State, by the Gas and Electricity Markets Authority, on the ground that the voluntary arrangement is not consistent with the achievement of the objective of the energy administration.

(4) In subsection (4) after “subsection (1)” insert “ or, in the case of an application under subsection (2A), as to the ground mentioned in that subsection ”.

(5) After subsection (7) insert—

(8) In this section “in energy administration” and “objective of the energy administration” are to be construed in accordance with Schedule B1 to this Act, as applied by Part 1 of Schedule 20 to the Energy Act 2004.

45

In section 129(1A) of that Act (commencement of winding up), the reference to paragraph 13(1)(e) of Schedule B1 includes a reference to section 157(1)(e) of this Act.

Power to make further modifications

46

(1) The Secretary of State may by order make such modifications of—

(a) the 1986 Act, or

(b) any other enactment passed before this Act that relates to insolvency or makes provision by reference to anything that is or may be done under the 1986 Act,

as he considers appropriate in relation to any provision made by or under this Chapter (including this Chapter as applied by section 96 of the Energy Act 2011).

(2) An order under this paragraph may also make modifications of this Part of this Schedule.

(3) The power to make an order containing provision authorised by this paragraph is subject to the affirmative resolution procedure.

Interpretation of Part 4 of Schedule

47

In this Part of this Schedule—

“administration order”, “administrator”, “enters administration” and “in administration” are to be construed in accordance with Schedule B1 (disregarding Part 1 of this Schedule);

“enters energy administration” and “in energy administration” are to be construed in accordance with Schedule B1 (as applied by Part 1 of this Schedule);

“Schedule B1” means Schedule B1 to the 1986 Act.

SCHEDULE 21

Application of Schedule

1

This Schedule applies where—

(a) the court has made an energy administration order in relation to a company (the “old energy company”); and

(b) it is proposed that a transfer falling within section 155(3) be made to another company (the “new energy company”).

2

It is for the energy administrator, while the energy administration order is in force, to act on behalf of the old energy company in the doing of anything that it is authorised or required to do by or under this Schedule.

Making of energy transfer schemes

3

(1) The old energy company may—

(a) with the consent of the new energy company, and

(b) for the purpose of giving effect to the proposed transfer,

make a scheme under this Schedule for the transfer of property, rights and liabilities from the old energy company to the new energy company (an “energy transfer scheme”).

(2) Such a scheme may be made only at a time when the energy administration order is in force in relation to the old energy company.

(3) An energy transfer scheme may set out the property, rights and liabilities to be transferred in one or more of the following ways—

(a) by specifying or describing them in particular;

(b) by identifying them generally by reference to, or to a specified part of, the undertaking of the old energy company; or

(4) An energy transfer scheme shall take effect in accordance with paragraph 8 at the time appointed by the court.

(5) But the court must not appoint a time for a scheme to take effect unless that scheme has been approved by the Secretary of State.

(6) The Secretary of State may modify an energy transfer scheme before approving it, but only modifications to which both the old energy company and the new energy company have consented may be made.

(7) In deciding whether to approve an energy transfer scheme, the Secretary of State must have regard, in particular, to—

(a) the public interest; and

(b) the effect the scheme is likely to have (if any) upon the interests of third parties.

(8) Before approving an energy transfer scheme, the Secretary of State must consult GEMA.

(9) The old energy company and the new energy company each have a duty to provide the Secretary of State with all information and other assistance that he may reasonably require for the purposes of, or in connection with, the exercise of the powers conferred on him by this paragraph.

Provision that may be made by a scheme

4

(1) An energy transfer scheme may contain provision—

(a) for the creation, in favour of the old energy company or the new energy company, of an interest or right in or in relation to property transferred in accordance with the scheme;

(b) for giving effect to a transfer to the new energy company by the creation, in favour of that company, of an interest or right in or in relation to property retained by the old energy company;

(c) for the creation of new rights and liabilities (including rights of indemnity and duties to indemnify) as between the old energy company and the new energy company;

(d) in connection with any provision made under this sub-paragraph, provision making incidental provision as to the interests, rights and liabilities of other persons with respect to the property, rights and liabilities to which the scheme relates.

(2) The property, rights and liabilities of the old energy company that may be transferred in accordance with an energy transfer scheme include—

(a) property, rights and liabilities that would not otherwise be capable of being transferred or assigned by the old energy company;

(b) property acquired, and rights and liabilities arising, in the period after the making of the scheme but before it takes effect;

(d) property situated anywhere in Great Britain or elsewhere;

(e) rights and liabilities under the law of a part of Great Britain or of a place outside Great Britain;

(f) rights and liabilities under an enactment... or subordinate legislation.

(3) The transfers to which effect may be given by an energy transfer scheme include transfers of interests and rights that are to take effect in accordance with the scheme as if there were—

(a) no such requirement to obtain a person’s consent or concurrence,

(b) no such liability in respect of a contravention of any other requirement, and

as there would be, in the case of a transaction apart from this Act, by reason of a provision falling within sub-paragraph (4).

(4) A provision falls within this sub-paragraph to the extent that it has effect (whether under an enactment or agreement or otherwise) in relation to the terms on which the old energy company is entitled, or subject, to anything to which the transfer relates.

(5) Sub-paragraph (6) applies where (apart from that sub-paragraph) a person would be entitled, in consequence of anything done or likely to be done by or under this Act in connection with an energy transfer scheme—

(a) to terminate, modify, acquire or claim an interest or right; or

(b) to treat an interest or right as modified or terminated.

(6) That entitlement—

(a) shall not be enforceable in relation to that interest or right until after the transfer of the interest or right by the scheme; and

(b) shall then be enforceable in relation to the interest or right only in so far as the scheme contains provision for the interest or right to be transferred subject to whatever confers that entitlement.

(7) Sub-paragraphs (3) to (6) have effect where shares in a subsidiary of the old energy company are transferred—

(a) as if the reference in sub-paragraph (4) to the terms on which the old energy company is entitled or subject to anything to which the transfer relates included a reference to the terms on which the subsidiary is entitled or subject to anything immediately before the transfer takes effect; and

(b) in relation to an interest or right of the subsidiary, as if the references in sub-paragraph (6) to the transfer of the interest or right included a reference to the transfer of the shares.

(8) Sub-paragraphs (3) and (4) apply to the creation of an interest or right by an energy transfer scheme as they apply to the transfer of an interest or right.

Transfer of licences

5

(1) The provision that may be made by an energy transfer scheme includes the transfer of a relevant licence from the old energy company to the new energy company.

(2) Such a transfer may relate to the whole or any part of the licence.

(3) Where such a transfer relates to a part of the licence, the provision made under sub-paragraph (1) may include—

(a) provision apportioning responsibility between the old energy company and the new energy company in relation to—

(i) the making of payments required by conditions included in the licence;

(ii) ensuring compliance with any other requirements of the conditions included in the licence; and

(b) provision making incidental modifications to the terms and conditions of the licence.

(4) References in this paragraph to a part of a licence are references to one or both of—

(a) a part of the activities authorised by the licence;

(b) a part of the area in relation to which the holder of the licence is authorised to carry on those activities.

Powers and duties under statutory provisions

6

(1) The provision that may be made by an energy transfer scheme includes provision for some or all of the powers and duties to which this paragraph applies—

(a) to be transferred to the new energy company; or

(b) to become powers and duties that are exercisable, or must be performed, concurrently by the old energy company and the new energy company.

(2) Provision falling within sub-paragraph (1) may apply to powers and duties only in so far as they are exercisable or required to be performed in the area specified or described in the provision.

(3) The powers and duties to which this paragraph applies are the powers and duties conferred or imposed upon the old energy company by or under an enactment, so far as those powers and duties are connected with—

(a) the undertaking of the old energy company to the extent the energy transfer scheme relates to that undertaking; or

(b) any property, rights or liabilities to be transferred in accordance with the scheme.

(4) The powers and duties mentioned in sub-paragraph (3) include, in particular, powers and duties relating to the carrying out of works or the acquisition of land.

Supplemental provisions relating to transfers

7

(1) An energy transfer scheme may make incidental, supplemental, consequential and transitional provision in connection with the other provisions of the scheme.

(2) Such provision may include different provision for different cases or different purposes.

(3) In particular, an energy transfer scheme may make provision, in relation to a provision of the scheme—

(a) for the new energy company to be treated as the same person in law as the old energy company;

(b) for agreements made, transactions effected or other things done by or in relation to the old energy company to be treated, so far as may be necessary for the purposes of or in connection with a transfer in accordance with the scheme, as made, effected or done by or in relation to the new energy company;

(c) for references in an agreement, instrument or other document to the old energy company or to an employee or office holder with the old energy company to have effect, so far as may be necessary for the purposes of or in connection with a transfer in accordance with the scheme, with such modifications as are specified in the scheme;

(d) that the effect of any transfer in accordance with the scheme in relation to contracts of employment with the old energy company is not to terminate any of those contracts but is to be that periods of employment with that company are to count for all purposes as periods of employment with the new energy company;

(e) for proceedings commenced by or against the old energy company to be continued by or against the new energy company.

(4) Sub-paragraph (3)(c) does not apply to references in an enactment or in subordinate legislation.

(5) An energy transfer scheme may make provision for disputes as to the effect of the scheme between the old energy company and the new energy company to be referred to such arbitration as may be specified in or determined under the scheme.

(6) Where a person is entitled, in consequence of an energy transfer scheme, to possession of a document relating in part to the title to land or other property in England and Wales, or to the management of such land or other property—

(a) the scheme may provide for that person to be treated as having given another person an acknowledgement in writing of the right of that other person to production of the document and to delivery of copies of it; and

(b) section 64 of the Law of Property Act 1925 (c. 20) (production and safe custody of documents) shall have effect accordingly, and on the basis that the acknowledgement did not contain an expression of contrary intention.

(7) Where a person is entitled, in consequence of an energy transfer scheme, to possession of a document relating in part to the title to land or other property in Scotland or to the management of such land or other property, subsections (1) and (2) of section 16 of the Land Registration (Scotland) Act 1979 (c. 33) (omission of certain clauses in deeds) shall have effect in relation to the transfer—

(a) as if the transfer had been effected by deed; and

(b) as if the words “unless specially qualified” were omitted from each of those subsections.

(8) In this paragraph references to a transfer in accordance with an energy transfer scheme include references to the creation in accordance with such a scheme of an interest, right or liability.

Effect of scheme

8

(1) In relation to each provision of an energy transfer scheme for the transfer of property, rights or liabilities, or for the creation of interests, rights or liabilities—

(a) this Act shall have effect so as, without further assurance, to vest the property or interests, or those rights or liabilities, in the transferee at the time appointed by the court for the purposes of paragraph 3(4); and

(b) the provisions of that scheme in relation to that property or those interests, or those rights or liabilities, shall have effect from that time.

(2) In this paragraph “the transferee”—

(a) in relation to property, rights or liabilities transferred by an energy transfer scheme, means the new energy company; and

(b) in relation to interests, rights or liabilities created by such a scheme, means the person in whose favour, or in relation to whom, they are created.

(3) In its application to Scotland, sub-paragraph (1) has effect with the omission of the words “without further assurance”.

Subsequent modification of scheme

9

(1) The Secretary of State may by notice to the old energy company and the new energy company modify an energy transfer scheme after it has taken effect, but only modifications to which both the old energy company and the new energy company have consented may be made.

(2) The notice must specify the time at which it is to take effect (the “modification time”).

(3) Where a notice is issued under this paragraph in relation to an energy transfer scheme, as from the modification time, the scheme shall for all purposes be treated as having taken effect, at the time appointed for the purposes of paragraph 3(4), with the modifications made by the notice.

(4) Those modifications may make—

(a) any provision that could have been included in the scheme when it took effect at the time appointed for the purposes of paragraph 3(4); and

(b) transitional provision in connection with provision falling within paragraph (a).

(5) In deciding whether to modify an energy transfer scheme, the Secretary of State must have regard, in particular, to—

(a) the public interest; and

(b) the effect the modification is likely to have (if any) upon the interests of third parties.

(6) Before modifying an energy transfer scheme that has taken effect, the Secretary of State must consult GEMA.

(7) The old energy company and the new energy company each have a duty to provide the Secretary of State with all information and other assistance that he may reasonably require for the purposes of, or in connection with, the exercise of the powers conferred on him by this paragraph.

Transfers in the case of non-GB companies

10

Where the old energy company is a non-GB company, the property, rights and liabilities of that company which may be transferred by an energy transfer scheme, or in relation to which interests, rights or liabilities may be created by such a scheme, are confined to—

(a) property of the old energy company in Great Britain;

(b) rights and liabilities arising in relation to any such property; and

(c) rights and liabilities arising in connection with the affairs and business of the company so far as carried on in Great Britain.

Provision relating to foreign property etc.

11

(1) Where there is a transfer in accordance with an energy transfer scheme of—

(a) any foreign property, or

(b) a foreign right or liability,

the old energy company and the new energy company must each take all requisite steps to secure that the vesting of the foreign property, right or liability in the new energy company is effective under the relevant foreign law.

(2) Until the vesting of the foreign property, right or liability in the new energy company in accordance with the energy transfer scheme is effective under the relevant foreign law, the old energy company must—

(a) hold the property or right for the benefit of the new energy company; or

(b) discharge the liability on behalf of the new energy company.

(3) The old energy company must comply with any directions given to it by the new energy company in relation to the performance of the obligations under sub-paragraphs (1) and (2) of the old energy company.

(4) Nothing in sub-paragraphs (1) to (3) prejudices the effect under the law of a part of Great Britain of the vesting of a foreign property, right or liability in the new energy company in accordance with an energy transfer scheme.

(5) Where—

(a) any foreign property, right or liability is acquired or incurred in respect of any other property, right or liability by a company, and

(b) by virtue of this paragraph, the company holds the other property or right for the benefit of the new energy company or is required to discharge the liability on behalf of the new energy company,

the property, right or liability acquired or incurred shall immediately become the property, right or liability of the new energy company.

(6) The provisions of sub-paragraphs (1) to (5) shall have effect in relation to foreign property, rights or liabilities transferred to the new energy company under sub-paragraph (5) as they have effect in the case of property, rights and liabilities transferred in accordance with an energy transfer scheme.

(7) References in this paragraph to foreign property, or to a foreign right or liability, are references to any property, right or liability as respects which an issue arising in any proceedings would be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside Great Britain.

(8) Expenses incurred under this paragraph by a company as the company from which anything is transferred shall be met by the new energy company.

(9) An obligation imposed under this paragraph in relation to property, rights or liabilities shall be enforceable as if contained in a contract between the old energy company and the new energy company.

Application of Schedule to transfers to subsidiaries

12

Where the proposed transfer falling within subsection (3) of section 155 is a transfer of the kind mentioned in subsection (4)(a) of that section, this Schedule shall have effect in relation to that transfer as if—

(a) paragraph 3(1)(a) were omitted; and

(b) paragraph 3(6) had effect with “ the old energy company has consented may be made ” substituted for the words from “both” onwards.

Interpretation

13

In this Schedule—

“energy transfer scheme” has the meaning given by paragraph 3(1);

“new energy company” has the meaning given by paragraph 1;

“third party”, in relation to an energy transfer scheme or any modification of such a scheme, means a person who is neither—the old energy company; northe new energy company.

SCHEDULE 22

Application for permission to bring appeal

1

(1) An application for permission to bring an appeal may be made only by sending a notice to the CMA requesting the permission.

(2) Only a person who will be entitled under section 173 to bring the appeal if permission is granted may apply for permission.

(3) Where GEMA publishes a decision to which section 173 applies, an application for permission is not to be made after the end of fifteen working days following the earliest day on which the decision was published.

(4) An application for permission must be accompanied by all such information as may be required by appeal rules.

(5) Those rules may require information contained in the application to be verified by a statement of truth.

(6) The applicant must send GEMA—

(a) a copy of his application; and

(b) such other information as may be required by appeal rules.

(7) The applicant must also send a copy of that application and of that information to—

(a) such persons (apart from GEMA) as appear to him to be affected by the decision appealed against; and

(b) such other persons as GEMA may require him to keep informed about his appeal.

(8) The CMA's decision on an application for permission must be made before the end of ten working days following the day on which it received it.

(9) The CMA's decision whether to grant permission is to be taken by an authorised member of the CMA.

(10) A decision to grant permission may be made subject to conditions.

(11) Those conditions may include—

(a) conditions which limit the matters that are to be considered on the appeal in question;

(b) conditions for the purpose of expediting the determination of the appeal; and

(c) conditions requiring that appeal to be considered together with other appeals (including appeals relating to different matters or decisions and appeals brought by different persons).

(12) Where a decision is made to grant or to refuse an application for permission, an authorised member of the CMA must notify the decision—

(a) to the applicant;

(b) to GEMA; and

Addition of parties to appeal

2

(1) This paragraph applies if—

(a) before the end of twenty working days following the day of the making of an application for permission to bring an appeal, or

(b) within such longer period as an authorised member of the CMA may allow,

a person falling within sub-paragraph (2) gives notice to the CMA asking to become a party to the appeal.

(2) A person falls within this sub-paragraph if he—

(a) is not the applicant for permission; but

(b) is a person who would have been entitled, at the time of the application, to make his own application to the CMA for permission to bring an appeal against the decision in question.

(3) A person who gives a notice asking to become a party to an appeal must send GEMA—

(a) a copy of the notice; and

(b) such other information as may be required by appeal rules.

(4) That person must also send a copy of the notice and of that information to—

(a) such persons (apart from GEMA) as appear to him to be affected by the decision appealed against; and

(b) such other persons as GEMA may require him to keep informed about his appeal.

(5) An authorised member of the CMA may, on behalf of the CMA, give a direction that a person who has asked in accordance with this paragraph to become a party to an appeal is to be a party to that appeal.

(6) A member of the CMA is not to give a direction under this paragraph if he considers that it would prevent the determination of the appeal within the period allowed by paragraph 6 to do so.

(7) Where a direction is given under this paragraph—

(a) the application for permission, and

(b) if permission is or has been granted, the appeal brought by the applicant and any other appeals that are considered with it,

are to proceed (subject to any direction under sub-paragraph (8)(b)) as if the intervener had joined with the applicant in making that application and bringing the appeal.

(8) A direction under this paragraph—

(a) does not allow the intervener to rely on grounds of appeal not contained in the appellant’s application for permission to bring an appeal;

(b) may allow the intervener to become a party to the appeal for the purpose of opposing it; and

(9) The conditions of a direction under this paragraph may include—

(a) conditions which limit the matters that are to be considered on the appeal in question;

(b) conditions for the purpose of expediting the determination of the appeal.

Suspension of decision

3

(1) Where permission has been granted to bring an appeal against a decision to give a consent, an authorised member of the CMA may, on behalf of the CMA, direct that, pending the determination of the appeal—

(a) the consent is not to have effect; or

(b) the consent is not to have effect to such extent as may be specified in the direction.

(2) The power to give a direction under this paragraph is exercisable only where—

(a) an application for its exercise has been made by the applicant for permission or by another person with interests or functions that entitle him, or would have entitled him, to appeal against the decision;

(b) the applicant for the exercise of the power would incur significant costs if the consent were to have effect, or to continue to have effect, before the determination of the appeal; and

(3) That power is exercisable at any time before the determination of the appeal.

(4) A person making an application under this paragraph must notify GEMA.

(5) Before determining whether to grant an application under this paragraph, the authorised member of the CMA must give GEMA an opportunity of making representations about the matter.

(6) In this paragraph “consent” includes an approval or direction (including a direction being appealed against by virtue of section 173(2A) of this Act).

Time limit for representations and observations by GEMA

4

(1) Where GEMA wishes to make representations or observations to the CMA about—

(a) a decision in respect of which permission to bring an appeal has been granted,

(b) GEMA’s reasons for that decision, or

it must do so before the end of the relevant period.

(1A) “The relevant period” means—

(a) 15 working days following the day of the making of the application for permission to bring the appeal, or

(b) such longer period following that day as an authorised member of the CMA may allow.

(2) Where more than one application for permission to bring an appeal was made in accordance with paragraph 1 in respect of the same decision, the relevant period begins to run from the end of the day of the making of the last of those applications to be made.

(3) GEMA must send a copy of its representations and observations to every person who received a copy of—

(a) the application for permission to bring the appeal; or

(b) a notice by which a person asked to become a party to the appeal.

Consideration and determination of appeal by group

5

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A group constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to an appeal under section 173 must consist of three members of the CMA panel.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) A decision of the group is effective if, and only if—

(a) all the members of the group are present when it is made; and

(b) at least two members of the group are in favour of the decision.

Timetable for determination of appeal

6

(1) The CMA must determine an appeal before the end of 4 months following the last day for the making of representations or observations by GEMA in accordance with paragraph 4.

(2) If the CMA is satisfied that there are good reasons for departing from the normal requirements in respect of an appeal, it may (on one occasion only) extend that period of 4 months by not more than 1 month.

(3) The CMA must ensure that an extension under sub-paragraph (2) is notified to every party to the appeal.

Matters to be considered on appeal

7

The CMA, if it thinks it necessary to do so for the purpose of securing the determination of an appeal within the period allowed by paragraph 6, may disregard—

(a) all matters raised by the appellant or an intervener that were not raised by him at the time of his application for permission to bring the appeal or in his request under paragraph 2; and

(b) all matters raised by GEMA that were not contained in representations or observations made for the purposes of the appeal in accordance with paragraph 4.

Production of documents

8

(1) The CMA may, by notice, require a person to produce to the CMA the documents specified or otherwise identified in the notice.

(2) The power to require the production of a document is a power to require its production—

(a) at the time and place specified in the notice; and

(b) in a legible form.

(3) No person is to be compelled under this paragraph to produce a document that he could not be compelled to produce in civil proceedings in the High Court or Court of Session.

(4) An authorised member of the CMA may, for the purpose of the exercise of the functions of the CMA, make arrangements for copies to be taken of a document produced ... under this paragraph.

(5) A notice for the purposes of this paragraph may be issued on the CMA's behalf by an authorised member of the CMA.

Oral hearings

9

(1) For the purposes of this Schedule an oral hearing may be held, and evidence may be taken on oath—

(a) by a person considering an application for permission to bring an appeal;

(b) by a person considering an application for a direction under paragraph 2 or 3; or

and, for that purpose, such a person or group may administer oaths.

(2) The CMA may, by notice, require a person—

(a) to attend at a time and place specified in the notice; and

(b) at that time and place, to give evidence to a person or group mentioned in sub-paragraph (1).

(3) At any oral hearing the person or group conducting the hearing may require—

(a) the applicant, or the appellant or any intervener, if he is present at the hearing, or

(b) a person attending the hearing as a representative of a person mentioned in paragraph (a) or of GEMA,

to give evidence or to make representations or observations.

(4) A person who gives oral evidence at the hearing may be cross-examined by or on behalf of any party to the appeal.

(5) If a person is not present at a hearing to be subjected to a requirement under sub-paragraph (3)—

(a) there is no requirement to give notice to him under sub-paragraph (2); and

(b) the person or group conducting the hearing may determine the application or appeal without hearing his evidence, representations or observations.

(6) No person is to be compelled under this paragraph to give evidence which he could not be compelled to give in civil proceedings in the High Court or Court of Session.

(7) Where a person is required under this paragraph to attend at a place more than ten miles from his place of residence, an authorised member of the CMA must arrange for that person to be paid the necessary expenses of his attendance.

(8) A notice for the purposes of this paragraph may be issued on the CMA's behalf by an authorised member of the CMA.

Written statements

10

(1) The CMA may, by notice, require a person to produce a written statement with respect to a matter specified in the notice to—

(a) a person who is considering, or is to consider, an application for a direction under paragraph 3; or

(b) a group with the function of determining an appeal.

(2) The power to require the production of a written statement includes power—

(a) to specify the time and place at which it is to be produced; and

(b) to require it to be verified by a statement of truth;

and a statement produced in accordance with this paragraph must be disregarded unless it is so verified.

(3) No person is to be compelled under this paragraph to produce a written statement with respect to any matter about which he could not be compelled to give evidence in civil proceedings in the High Court or Court of Session.

(4) A notice for the purposes of this paragraph may be issued on the CMA's behalf by an authorised member of the CMA.

Defaults in relation to evidence

11

(1) If a person (“the defaulter”)—

(a) fails to comply with a notice or other requirement issued or imposed under paragraph 8, 9 or 10,

(b) in complying with a notice under paragraph 10, makes a statement that is false in any material particular, or

(c) in providing information otherwise verified in accordance with a statement of truth required by appeal rules, provides information that is false in a material particular,

an authorised member of the CMA may certify the failure, or the fact that such a false statement has been made, to the High Court or the Court of Session.

(2) The High Court or Court of Session may inquire into a matter certified to it under this paragraph; and if, after having heard—

(a) any witness against or on behalf of the defaulter, and

(b) any statement in his defence,

it is satisfied that the defaulter did, without reasonable excuse, refuse or otherwise fail to comply with the notice or other requirement, or made the false statement, that court may punish him as if he had been guilty of contempt of court.

(3) Where the High Court or Court of Session has power under this paragraph to punish a body corporate for contempt of court, it may so punish any director or other officer of that body (either instead of or as well as punishing the body).

(4) A person who wilfully alters, suppresses or destroys a document that he has been required to produce under paragraph 8 is guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

Appeal rules

12

(1) The CMA Board may make rules regulating the conduct and disposal of appeals under section 173.

(2) Those rules may include provision supplementing the provisions of this Schedule in relation to any application, notice, hearing or requirement for which this Schedule provides; and that provision may, in particular, impose time limits or other restrictions on—

(a) the taking of evidence at an oral hearing; or

(b) the making of representations or observations at such a hearing.

(3) The CMA Board must publish rules made under this paragraph in such manner as it considers appropriate for the purpose of bringing them to the attention of those likely to be affected by them.

(4) Before making rules under this paragraph, the CMA Board must consult such persons as it considers appropriate.

(5) Rules under this paragraph may make different provision for different cases.

Costs

13

(1) A group that determines an appeal must make an order requiring the payment to the CMA of the costs incurred by the CMA in connection with the appeal.

(2) Where the appeal is allowed, the order must require those costs to be paid by GEMA.

(3) Where the appeal is dismissed, the order must require those costs to be paid by the appellant but, if there is more than one appellant—

(a) may provide that only such one or more of the appellants as may be specified in the order is to be liable for the costs; and

(b) may determine the proportions in which the appellants so specified are to be so liable.

(4) In sub-paragraph (3) references to an appellant do not include references to an intervener.

(5) The group that determines an appeal may also make such order as it thinks fit for requiring a party to the appeal to make payments to another in respect of costs incurred by that other party in connection with the appeal.

(6) A person who is required by an order under this paragraph to pay a sum to another person must comply with the order before the end of the period of twenty-eight days beginning with the day after the making of the order.

(7) Sums required to be paid by an order under this paragraph but not paid within the period mentioned in sub-paragraph (6) shall bear interest at such rate as may be determined in accordance with provision contained in the order.

The Secretary of State’s power to modify time limits

14

(1) The Secretary of State may by order modify any period specified in this Schedule as the period within which anything must be done.

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

Interpretation of Schedule

15

(1) In this Schedule—

“appeal” means an appeal under section 173;

“appeal rules” means rules under paragraph 12;

“authorised member of the CMA”—in relation to a power exercisable in connection with an appeal in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power;in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal in respect of which a group has not been so constituted by the chair of the CMA, means—any member of the CMA Board who is also a member of the CMA panel, orany member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.

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

“the CMA” means the Competition and Markets Authority;”

“CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;

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

“intervener” means a person who has become a party to an appeal in pursuance of a direction under paragraph 2;

“statement of truth” means a statement that the person producing the document believes the facts stated in the document to be true;

“working day” means any day other than—Saturday or Sunday;Christmas Day or Good Friday;a day which is a bank holiday in England and Wales or Scotland under the Banking and Financial Dealings Act 1971 (c. 80).

(2) References in this Schedule to a party to an appeal are references to—

(a) the appellant;

(b) an intervener; or

SCHEDULE 23

Part 1 — Repealed provisions

Part 2 — Savings etc.

1

The repeal by this Act of section 19 of the Atomic Energy Authority Act 1971 (c. 11) does not affect so much of any designation under that section as identifies a person for the purposes of obligations imposed by regulations made under section 77 of the Anti-terrorism, Crime and Security Act 2001 (c. 24).

2

The repeal by this Act of a provision of the Atomic Energy Authority Act 1995 (c. 37) does not affect that provision so far as it has effect in relation to—

(a) a transfer scheme under that Act that was made before the coming into force of the repeal; or

(b) a company that is a successor company by reference to such a scheme.

3

The repeal by this Act of section 76 of the Anti-terrorism, Crime and Security Act 2001 does not affect the construction of any subordinate legislation which defines expressions by reference to definitions contained in that section.

The Nuclear Decommissioning Authority

Transfers of publicly owned assets

Examination of the Account

Transfers of publicly owned assets

Nuclear transfer scheme for UKAEA Constabulary

Application of the 1965 Act to Northern Ireland

Additional functions of UKAEA

Reports under section 1 of Sustainable Energy Act 2003

Application of criminal law to renewable energy installations etc.

Members of Constabulary serving with other forces

Application of civil aviation regulations to renewable energy installations

Amendments of 1989 Act consequential on Chapter 2 of Part 2

Reports under section 1 of Sustainable Energy Act 2003

Activities offshore requiring 1989 Act licences

Approval of decommissioning programmes

Issue of green certificates in Great Britain

Application of civil aviation regulations to renewable energy installations

GEMA’s power to act on behalf of Northern Ireland regulator

Issue of green certificates in Northern Ireland

The Administrator

“New trading and transmission arrangements”

Grant of transmission licences

Issue of green certificates in Great Britain

New standard conditions for transmission licences

Standard conditions for gas interconnectors

Disapplication of existing regimes

Extraterritorial application of Gas Act 1986

Grant of gas interconnector licences to existing operators

Licence conditions to secure funding of energy administration

Interpretation of Chapter 3 of Part 3

Standard conditions for gas interconnectors

Meaning of “high voltage line”

Standard conditions for gas interconnectors

Payments of sums raised by fossil fuel levy

Power to impose charges to fund energy functions

Timing and location of things done electronically

Short title, commencement and extent

Tenure of office by non-executive members

Remuneration and pensions of non-executive members

Terms and conditions of executive members of the NDA

Constitution of NDA for initial period

Staffing of the NDA

UKAEA pensions for NDA staff

Committees of the NDA and advisory committees

Delegation of functions

Quorums

Proceedings of the NDA and of their committees etc.

Authentication of NDA’s seal

Records of proceedings

Validity of proceedings

Public records

Parliamentary Commissioner Act 1967

Disqualification for House of Commons and Northern Ireland Assembly

Scottish devolution

Freedom of information

Interpretation of Schedule

Approval required for strategy

Initial strategy

Strategy reviews and revisions

Consultation by NDA

Approval of strategy

Publication of strategy

Preparation and revision of plan

Consultation by NDA

Approval of annual plan

Publication of plan

Exempt activities to be separate trade

Accounting periods of companies carrying on exempt activities

Charges on income in connection with exempt activities

Finance leasing of plant and machinery

Mixed use of industrial buildings

Residue of qualifying expenditure on industrial buildings

Identification of property to which scheme applies

Property, rights and liabilities that may be transferred

Dividing and modifying transferor’s property, rights and liabilities

Obligation to effect transfers etc. under a nuclear transfer scheme

Effect of nuclear transfer schemes

Supplementary provisions of schemes

Proof of title by certificate

Duties in relation to foreign property

Modification of scheme by agreement

The Transfer of Undertakings (Protection of Employment) Regulations 1981

Compensation for third parties

Compensation for transferor in case of a recovery scheme

Interpretation

Application and interpretation of Schedule

Initial Government holding in the transferee company

Government investment in securities of transferee company

Exercise of functions through nominees

Payment of dividends etc. into Consolidated Fund

Distributable reserves of transferee companies

Dividends

Saving for inherent powers of Ministers

Interpretation of Schedule

Government lending to transferee companies

Guarantees for designated BNFL companies

Government guarantees for loans of undesignated publicly controlled transferee companies

Financial limits of BNFL and publicly controlled companies that are designated

Financial limits for publicly controlled transferees that are not designated

Temporary restrictions on borrowing of transferee companies

Statutory accounts of transferee companies

Accounts of Crown owned transferee companies to be laid before Parliament

Interpretation

Transfers of employment for NDA purposes

Application of UKAEA pension scheme

Modification of UKAEA pension scheme

Transfer of funds from UKAEA pension scheme

Exercise of powers of Secretary of State

Payments to UKAEA by relevant public sector employer

Persons entitled to pension protection under paragraphs 10 and 11

Protection on transfer in accordance with a nuclear transfer scheme

Protection on a transfer in accordance with transfer arrangements

Modification of NDA schemes

Trading losses: transfer of company carrying on exempt activities

Trading losses: transfer of undertaking carrying on exempt activities

Chargeable gains: assets to be treated as disposed without a gain or a loss

Chargeable gains: assets treated as acquired at nil cost

Chargeable gains: degrouping charges

Chargeable gains: disposal of debts

Capital allowances: transfer of whole trade

Capital allowances: transfer of part of a trade

Capital allowances: transfer of plant or machinery

Capital allowances: transfer not to be transaction between connected persons

Continuity in relation to loan relationships

Continuity in relation to derivative contracts

Continuity in relation to transfer of intangible assets

Chargeable intangible assets: degrouping charges

Computation of profits and losses in respect of transfer of trade

Application of Part 2 of Schedule

Application of rules for reorganisations under same ownership

Chargeable gains: assets to be treated as disposed without a gain or a loss

Chargeable gains: degrouping charges

Chargeable gains: disposal of debts

Capital allowances: transfer of plant or machinery

Capital allowances: transfer not to be transaction between connected persons

Continuity in relation to loan relationships

Continuity in relation to derivative contracts

Continuity in relation to transfer of intangible assets

Chargeable intangible assets: degrouping charges

Computation of profits and losses: transfer of trade

Application of Part 4 of Schedule

Chargeable gains: assets to be treated as disposed without a gain or a loss

Neutral effect of transfer for loan relationships and derivative contracts

Groups of companies

Consequential amendment

Interpretation of Schedule

Appointment

Terms of appointment

Remuneration

Police Authority to regulate procedure

Validity etc.

Employees of the Police Authority

UKAEA pensions for employees of the Police Authority

Borrowing by the Police Authority

Guarantees for borrowing by the Police Authority

Grants and loans to the Police Authority

Financial duties

Accounts and audit

Receipts and surpluses

Destination of receipts

Authentication of Police Authority’s seal

Status

Disqualification for House of Commons

Freedom of information

Removal of senior officers by Police Authority

Power of Secretary of State to require removal of chief constable

Suspension of senior officers by Police Authority pending removal

Power of Secretary of State to require suspension of chief constable

Determination of annual objectives for Constabulary

Annual policing plan

Three-year strategy plan

Initial objectives and plans

Annual report by chief constable

Power of Police Authority to require reports

Annual report by Police Authority

Power of Secretary of State to require reports

Meaning of “reporting year”

Objectives

Directions with respect to the Constabulary

Government, administration and conditions of service

Remedial action

Public Records Act 1958

Police (Scotland) Act 1967

Firearms Act 1968

Race Relations Act 1976

Ministry of Defence Police Act 1987

Official Secrets Act 1989

Police Act 1996

Regulation of Investigatory Powers Act 2000

Criminal Justice and Police Act 2001

Anti-terrorism, Crime and Security Act 2001

Police Reform Act 2002

Preliminary

Applications for authorisations

Duty to display documents

Requirements with respect to records

Enforcement notices

Prohibition notices

Directions in relation to applications etc.

Power to call in applications

Power to restrict knowledge of applications etc.

Appeals

Offences

False and misleading statements

Meaning of “prescribed”

Interpretation

Requirements for applications

Objections to an application

Objections in other cases

Public inquiries

Use of additional inspectors for an inquiry

Combined notices

Parliamentary control of regulations

Licensing scheme

Effect of licensing scheme

Modification of licensing scheme

Consultation by the Secretary of State

“Existing transmission licence”

Scheme-making power

Applications for schemes

GEMA’s functions in relation to applications

Effect of property arrangements scheme

Review of determinations

Interim arrangements pending review of determination

Supplementary

Water (Scotland) Act 1980 (c. 45)

Telecommunications Act 1984 (c. 38)

Electricity Act 1989 (c. 29)

Water Industry Act 1991 (c. 56)

Water Resources Act 1991 (c. 57)

Land Drainage Act 1991 (c. 59)

Utilities Act 2000 (c. 27)

Application of Schedule B1 provisions

Introductory

General modifications of the applicable provisions

Specific modifications

Introductory

Modifications

General modifications

Modifications of 1986 Act

Power to make further modifications

Interpretation of Part 4 of Schedule

Application of Schedule

Making of energy transfer schemes

Provision that may be made by a scheme

Transfer of licences

Powers and duties under statutory provisions

Supplemental provisions relating to transfers

Effect of scheme

Subsequent modification of scheme

Transfers in the case of non-GB companies

Provision relating to foreign property etc.

Application of Schedule to transfers to subsidiaries

Interpretation

Application for permission to bring appeal

Addition of parties to appeal

Suspension of decision

Time limit for representations and observations by GEMA

Consideration and determination of appeal by group

Timetable for determination of appeal

Matters to be considered on appeal

Production of documents

Oral hearings

Written statements

Defaults in relation to evidence

Appeal rules

Costs

The Secretary of State’s power to modify time limits

Interpretation of Schedule

Editorial notes

[^key-02c0373933da89133ed4725226430602]: S. 1 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-81a8ea76ef97e3e22ab8f5e59e2ff942]: S. 2 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-8115b3686a68beb65befab4867a96927]: S. 10 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-0a65e03a7fbb1af92c12e35faa70ac9f]: S. 72 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-4ac801908e1939fdeb49db5126a4069d]: S. 73 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-1d6c1308443d7712ce43d7f038685c64]: S. 74 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-9c38090fc9b1cb53aab0020137dac6f4]: S. 75 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-3865ccefc25643ec017023eb357685f4]: Sch. 1 para. 1 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-662f93ca4b2105256528caf590dc441f]: Sch. 1 para. 2 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-b7a59373fa0742c08e174d8b78e2d174]: Sch. 1 para. 3 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-d96375b0220ad7851c14233720efc1fd]: Sch. 1 para. 4 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-c2b5c39f04ad9ec17ce85c8b498fe47f]: Sch. 1 para. 5 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-ba1a0867b9728f7f3f1e6e7e151bfc78]: Sch. 1 para. 6 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-447722a7225325cabea04de36e6caba5]: Sch. 1 para. 7 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-aa813f3165e33f8cdf7e85876be97ac3]: Sch. 1 para. 8 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-5f3ff7c60c6d82daace17c6f1665948e]: Sch. 1 para. 9 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-feb9df5d603309b3240681233f83c568]: Sch. 1 para. 10 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-8f4c62d6b1e63b7f5f5fc993b1d2cad6]: Sch. 1 para. 11 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-807b397f77a9d82e2f4985e5889ec5c3]: Sch. 1 para. 12 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-72948d1a88a38da71077b080203e74bb]: Sch. 1 para. 13 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-c3d522ad080d694d138604bab46c0af7]: Sch. 1 para. 14 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-35dc16b8b54eea80509e310a9a696249]: Sch. 1 para. 15 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-ca84011a851c1ffb74b9e4899bee8414]: Sch. 1 para. 16 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-6096840ebc9bb70c9e332d8878adeafc]: Sch. 1 para. 17 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-1e314f4e1ff86640c94d631d365090e0]: Sch. 1 para. 18 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-ac0382ca601ee9586d7f6290c5904a3c]: Sch. 1 para. 19 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-4490445d7749acfb380474fecd6698f3]: Sch. 15 para. 1 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-ab423d0cfa87ca55a2896d755af0cad2]: Sch. 15 para. 2 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-306f06883cdbc45a9ef7fd386b1baf13]: Sch. 15 para. 3 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-abffafe371154c008b0ab0cf23655f87]: Sch. 15 para. 4 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-0df717dad0c081a183a23425781145bf]: Sch. 15 para. 5 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-31c49887f4bc3adf61739e71673d2858]: Sch. 15 para. 6 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-a8c0d9e2c0a6e1c1f1c08c99c474359e]: Sch. 15 para. 7 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-d0f7975ca755a7bb46736de92d17a264]: Sch. 15 para. 8 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-9d2caff91f7a8ad1077a2f11070f5a39]: Sch. 15 para. 9 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-2fbb6b9acd172eaa3e1f646361349881]: Sch. 15 para. 10 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-963853a671ef2239fd015164e24e7975]: Sch. 15 para. 11 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-2f922328e9877932adefe9c7ec60ca98]: Sch. 15 para. 12 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-b346f6c5873f1b4ad3ae5d63ed9aeca0]: Sch. 15 para. 13 in force at 27.7.2004 by S.I. 2004/1973, art. 2, Sch.

[^key-fb988cfed5a995f293e4c52038b69c0b]: S. 3 in force at 24.8.2004 by S.I. 2004/2184, art. 2(1), Sch. 1

[^key-3b3c33dcea8de8f8daa938ca14a18ceb]: S. 4 in force at 24.8.2004 by S.I. 2004/2184, art. 2(1), Sch. 1

[^key-b2e14a20de93ccc014c9361291502028]: S. 5(1) in force at 24.8.2004 by S.I. 2004/2184, art. 2(1), Sch. 1

[^key-5bcb782fffd3d66a2010e4e21a1d0379]: S. 6 in force at 24.8.2004 by S.I. 2004/2184, art. 2(1), Sch. 1

[^key-19d0696244cf223e3a8393a42f46179a]: S. 9 in force at 24.8.2004 by S.I. 2004/2184, art. 2(1), Sch. 1

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