SCHEDULE 5 Water Rights for Hydro-Electric Generating Stations in Scotland
Section 10(5).
1 In Scotland, a person who holds a licence under section 6(1)(a) of this Act may be authorised by the Secretary of State to abstract and divert from any watercourse or loch and to use such water as may be necessary for the purposes of constructing or extending a generation station wholly or mainly driven by water and of operating that generating station after such construction or extension ; but he shall do as little damage as possible in the exercise of the powers conferred by the authorisation and shall make compensation for any damage done in the exercise of those powers.
2 Authorisation under paragraph 1 above shall be by order and shall provide for the compulsory acquisition by the person of such rights, as regards the abstraction, diversion and use, as may be specified in the order ; and the order may contain such incidental , consequential and supplementary provisions as the Secretary of State thinks necessary or expedient.
3 Where the abstraction, diversion, and use will, in the opinion of the Secretary of State—
(a) substantially reduce the flow of water in any watercourse, he shall in the order prescribe the extent to which and the circumstances in which water may be taken ;
(b) substantially reduce the level of water in any loch, he shall in the order either—
(i) prescribe the extent to which and the circumstances in which water may be taken ; or
(ii) prescribe the quantity of compensation water to be provided by the person ;
(c) impound any watercourse, he shall in the order prescribe the quantity of compensation order to be provided by the person.
4 In this Schedule “compensation water” means a flow of water, on such conditions and by such means as the Secretary of State may specify in the order, for the benefit of riparian owners and other owners of land or salmon fishings affected by the compulsory acquisition.
5 Subject to paragraphs 5A and 5B, In deciding whether to make the order or in prescribing the quantity of any compensation water to be provided under the order, the Secretary of State shall have regard to all the circumstances of the particular case, including—
(a) the interest of public health ;
(b) the character of the watercourse or loch, and the flow, or as the case may be the level, of water in it ;
(c) the extent to which the watercourse or loch is, or may in future be, used for industrial purposes or for the purposes of any public undertaking or for fisheries, water supply, agriculture, transport and navigation ; and
(d) the effect on land drainage or on any canal or inland navigation of any alteration in the flow of water in the watercourse or level of water in the loch,
and shall secure, so far as practicable, the protection of the rights of riparian owners and of other owners of land or salmon fishings.
5A Before making an order under paragraph 2, and in considering the matters referred to in paragraphs 3 to 5, the Secretary of State shall–
(a) obtain and have regard to the advice of the Scottish Environment Protection Agency on matters relating to the protection of the water environment (and in particular as to the extent to, and the circumstances in, which water may be taken and the quantity of compensation water to be provided); and
(b) have regard to the purposes of Part 1 of the Water Environment and Water Services (Scotland) Act 2003.
5B In the event that the provisions of an order made under paragraph 2 on matters relating to the protection of the water environment, and the conditions of an authorisation granted under the Water Environment (Controlled Activities) (Scotland) Regulations 2005 differ and cannot reasonably be reconciled, the relevant provisions of that order shall be treated as modified to the extent necessary to be consistent with the conditions of that authorisation.
6 Any question of disputed compensation under paragraph 1 above shall be referred to and determined by the Lands Tribunal for Scotland ; and sections 9 and 11 of the Land Compensation (Scotland) Act 1963 shall apply to any such determination.
7 An applicant for authorisation under paragraph 1 above shall submit to the Secretary of State a draft of the order which he desires the Secretary of State to make and shall publish once at least in each of two successive weeks in one or more local newspapers circulating in the area affected by the proposed order a notice—
(a) stating the general effect of the proposed order ;
(b) specifying a place, in or near the said area, where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the first publication of the notice ; and
(c) stating that within the said period any person may by notice to the Secretary of State object to the application.
8 Not later than the date on which the said notice is first published, the applicant shall serve a copy thereof—
(a) along with a copy of the draft order, on—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ... ; and
(iia) any National Park Authority;
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for every area affected by the proposed order ;
(aa) along with a copy of the draft order, on Scottish Water;
(b) on the district salmon fishery board of any salmon fishery district from which water is taken, or into which water is to be discharged, under the rights acquired, on any navigation authority exercising functions in relation to any watercourse or loch from or into which water is to be so taken or discharged, on any public undertakers known by the applicant to be authorised by any enactment to take or use water from any such watercourse or loch and on the Scottish Environment Protection Agency.
9 The applicant shall also publish in the Edinburgh Gazette a notice stating that he is about to apply for authorisation under paragraph 1 above, ... specifying a place where a copy of the draft order and of any relevant map or plan may be inspected, and giving the name and date of issue of a local newspaper in which the notice explaining the effect of the order applied for will be found.
10 The applicant shall, at the request of any person interested, furnish to him a copy of the draft order upon payment of a reasonable charge.
11 The Secretary of State may make an order in the terms of the draft submitted to him or in those terms as modified in such manner as he thinks fit ; but, where he proposes to make any modification and considers that persons other than the applicant to give and publish additional notices in such manner as the Secretary of State thinks best adapted for informing all persons so affected of the modification proposed.
12 If before the expiration of the 28 days referred to in paragraph 7 above or of 25 days from the publication of the said notice in the Edinburgh Gazette, or before expiration of any period specified in notices give under the last foregoing paragraph, an objection is received by the Secretary of State from Scottish Water or any authority or board or undertakers on whom a notice is required to be served under paragraph 8 above, or from any other person appearing to him to be affected by the application, or, as the case may be, by the proposed modification, and the objection is not withdrawn, the Secretary of State, before making any order on the application, shall cause a local inquiry to be held.
13 The expenses incurred by the Secretary of State in connection with the making, notification and confirmation of any order giving authorisation under paragraph 1 above shall be paid by the applicant ; and the Secretary of State may, in a case where there are two or more applicants, apportion such expenses between them.
14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 In paragraphs 1 to 8 above “watercourse” includes all rivers, streams and passages through which water flows.
SCHEDULE 5A Procedure for appeals under section 11C
Section 11D
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 entitled under section 11C to bring the appeal if permission is granted may apply for permission.
(3) Where the Authority publishes a decision to modify the conditions of any licence under section 11A(7), any application for permission to appeal is not to be made after the end of 20 working days beginning with the first working day after the day on which the decision is published.
(4) An application for permission to appeal must be accompanied by all such information as may be required by appeal rules.
(5) Appeal rules may require information contained in an application for permission to appeal to be verified by a statement of truth.
(6) A person who applies for permission to bring an appeal in accordance with this paragraph is referred to in this Schedule as the appellant.
(7) The appellant must send the Authority—
(a) a copy of the application for permission to appeal at the same time as it is sent to the CMA ; and
(b) such other information as may be required by appeal rules.
(8) The CMA's decision whether to grant permission to appeal is to be taken by an authorised member of the CMA .
(9) Before the authorised member decides whether to grant permission under this paragraph, the Authority must be given an opportunity of making representations or observations, in accordance with paragraph 3(2).
(10) The CMA's decision on an application for permission must be made—
(a) where the Authority makes representations or observations in accordance with paragraph 3(2), before the end of 10 working days beginning with the first working day after the day on which those representations or observations are received;
(b) in any other case, before the end of 14 working days beginning with the first working after the day on which the application for permission was received.
(11) The grant of permission may be made subject to conditions, which 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, giving reasons—
(a) to the appellant; and
(b) to the Authority.
(13) A decision of the CMA under this paragraph must be published, in such manner as an authorised member of the CMA considers appropriate, as soon as reasonably practicable after it is made.
(14) Section 11H(2) applies to the publication of a decision under sub-paragraph (13) as it does to the publication of a decision under section 11H.
Suspension of decision
2. (1) The CMA may direct that, pending the determination of an appeal against a decision of the Authority—
(a) the decision is not to have effect; or
(b) the decision is not to have effect to such extent as may be specified in the direction.
(1A) In the case of an appeal against a decision of the Authority which already has effect by virtue of section 11AA, the CMA may direct that the modification that is the subject of the decision—
(a) ceases to have effect entirely or to such extent as may be specified in the direction, and
(b) does not have effect, or does not have effect to the specified extent, pending the determination of the appeal.
(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 appellant at the same time the appellant made an application in accordance with paragraph 1(3) for permission to bring an appeal against a decision of the Authority;
(b) the Authority has been given an opportunity of making representations or observations, in accordance with paragraph 3(2);
(c) the relevant licence holder, the licence holder or consumers whose interests are materially affected mentioned in section 11C(2) (as the case may be) would incur significant costs if the decision were to have effect before the determination of the appeal; and
(d) the balance of convenience does not otherwise require effect to be given to the decision pending that determination.
(3) The CMA's decision on an application for a direction under this paragraph must be made—
(a) where the Authority makes representations or observations in accordance with paragraph 3(2), before the end of 10 working days beginning with the first working day after the day on which those representations or observations are received;
(b) in any other case, before the end of 14 working days beginning with the first working day following the day on which the application under sub-paragraph (2)(a) is received.
(4) The appellant must send the Authority a copy of the application for a direction under this paragraph at the same time as it is sent to the CMA .
(5) The CMA's decision whether to give a direction is to be taken by an authorised member of the CMA .
(6) A direction under this paragraph must be—
(a) given by an authorised member of the CMA ; and
(b) published, in such manner as an authorised member of the CMA considers appropriate, as soon as reasonably practicable after it is given.
(7) Section 11H(2) applies to the publication of a direction under sub-paragraph (6) as it does to the publication of a decision under section 11H.
Time limit for representations and observations by the Authority
3. (1) Sub-paragraph (2) applies where the Authority wishes to make representations or observations to the CMA in relation to—
(a) an application for permission to bring an appeal under paragraph 1;
(b) an application for a direction under paragraph 2.
(2) The Authority must make the representations or observations in writing before the end of 10 working days beginning with the first working day after the day on which it received a copy of the application under paragraph 1(7) or 2(4) as the case may be.
(3) Sub-paragraph (4) applies where an application for permission to bring an appeal has been granted and the Authority wishes to make representations or observations to the CMA in relation to—
(a) the Authority’s reasons for the decision in relation to which the appeal is being brought;
(b) any grounds on which that appeal is being brought against that decision.
(4) The Authority must make the representations or observations in writing before the end of 15 working days beginning with the first working day after the day on which permission to bring the appeal was granted.
(5) The Authority must send a copy of the representations and observations it makes under this paragraph to the appellant.
Consideration and determination of appeal by group
4. (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 11C 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.
Matters to be considered on appeal
5. (1) The CMA, if it thinks it necessary to do so for the purpose of securing the determination of an appeal within the period provided for by section 11G, may disregard—
(a) any or all matters raised by an appellant that were not raised by that appellant at the time of the relevant application; and
(b) any or all matters raised by the Authority that were not contained in representations or observations made for the purposes of the appeal in accordance with paragraph 3.
(2) In this paragraph “relevant application” means an application under paragraph 1 or 2.
Production of documents etc.
6. (1) For the purposes of this Schedule, the CMA may, by notice, require—
(a) a person to produce to the CMA the documents specified or otherwise identified in the notice;
(b) any person who carries on a business to supply to the CMA such estimates, forecasts, returns or other information as may be specified or described in the notice in relation to that business.
(2) The power to require the production of a document, or the supply of any estimate, forecast, return or other information, is a power to require its production or, as the case may be, supply—
(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 or supply an estimate, forecast, return or other information that the person 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 or an estimate, forecast, return or other information supplied ... under this paragraph.
(5) A notice for the purposes of this paragraph—
(a) may be issued on the CMA's behalf by an authorised member of the CMA
(b) must include information about the possible consequences of not complying with the notice (as set out in paragraph 10).
Oral hearings
7. (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 under paragraph 1;
(b) by a person considering an application for a direction under paragraph 2; or
(c) by a group with the function of determining an appeal;
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 appellant, or the Authority, if present at the hearing to give evidence or to make representations or observations; or
(b) a person attending the hearing as a representative of the appellant or of the Authority 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 the appellant, the Authority, or the appellant’s or Authority’s representative is not present at a hearing—
(a) there is no requirement to give notice to that person under sub-paragraph (2); and
(b) the person or group conducting the hearing may determine the application or appeal without hearing that person’s evidence, representations or observations.
(6) No person is to be compelled under this paragraph to give evidence which that person 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 10 miles from that person’s place of residence, an authorised member of the CMA must arrange for that person to be paid the necessary expenses of 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
8. (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 2; 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 required to be so verified 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 that person 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 .
Expert advice
9. Where permission to bring an appeal is granted under paragraph 1 the CMA may commission expert advice with respect to any matter raised by a party to that appeal.
Defaults in relation to evidence
10. (1) If a person (“the defaulter”)—
(a) fails to comply with a notice issued or other requirement imposed under paragraph 6, 7 or 8;
(b) in complying with a notice under paragraph 8, makes a statement that is false in any material particular; or
(c) in providing information 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 or such false information has been given, 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 the defaulter’s defence,
it is satisfied that the defaulter did, without reasonable excuse, fail to comply with the notice or other requirement, or made the false statement, or gave the false information, that court may punish that defaulter as if the person 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 that person has been required to produce under paragraph 6 is guilty of an offence and shall be liable—
(a) on summary conviction, to—
(i) in England and Wales, a fine not exceeding the statutory maximum, and
(ii) in Scotland, a fine not exceeding £5,000;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
Appeal rules
11. (1) The CMA Board may make rules of procedure regulating the conduct and disposal of appeals under section 11C.
(2) Those rules may include provision supplementing the provisions of this Schedule in relation to any application, notice, hearing, power 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
12. (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) An order under sub-paragraph (1) must require those costs to be paid—
(a) where the appeal is allowed in full, by the Authority;
(b) where the appeal is dismissed in full, by the appellant; or
(c) where the appeal is partially allowed, by one or more parties in such proportions as the CMA considers appropriate in all the circumstances.
(3) 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 party in respect of costs reasonably incurred by that other party in connection with the appeal.
(4) 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 28 days beginning with the day after the making of the order.
(5) Sums required to be paid by an order under this paragraph but not paid within the period mentioned in sub-paragraph (4) shall bear interest at such rate as may be determined in accordance with provision contained in the order.
(6) Any costs payable by virtue of an order under this paragraph and any interest that has not been paid may be recovered as a civil debt by the person in whose favour that order is made.
Interpretation of Schedule
13. (1) In this Schedule—
“appeal” means an appeal under section 11C;
“appeal rules” means rules of procedure under paragraph 11;
“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, or
any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.
...
“ CMA Board ” and "CMA panel" have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;
...
“statement of truth”, in relation to the production of a statement or provision of information by a person, means a statement that the person believes the facts stated in the statement or information 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.
(2) References in this Schedule to a party to an appeal are references to—
(a) the appellant; or
(b) the Authority.
SCHEDULE 5B Reimbursement of persons who have met expenses
Power to make regulations
1 (1) The Secretary of State may, by regulations, make provision entitling the relevant electricity distributor to exercise the reimbursement powers in cases where conditions A, B, C and D are met.
(2) Condition A is met if any electric line or electrical plant is provided for the purpose of making a connection (the “first connection”)—
(a) between premises and a distribution system, or
(b) between two distribution systems.
(3) Condition B is met if a payment in respect of first connection expenses is made by one or more of the following persons—
(a) a person requiring the first connection in pursuance of section 16(1);
(b) a person who otherwise causes the first connection to be made (including by means of contractual arrangements).
(4) Condition C is met if any electric line or electric plant provided for the purpose of making the first connection is used for the purpose of making another connection (the “second connection”)—
(a) between premises and a distribution system, or
(b) between two distribution systems.
(5) Condition D is met if the second connection is made within the prescribed period after the first connection was made.
(6) “First connection expenses” are any expenses reasonably incurred by a person in providing any electric line or electric plant for the purpose of making the first connection.
(7) It does not matter whether the first connection, or the second connection, is made by an electricity distributor or a person of another description.
The reimbursement powers
2 (1) The “reimbursement powers” are—
(a) the power to demand a reimbursement payment from—
(i) a person requiring the second connection in pursuance of section 16(1), or
(ii) a person who otherwise causes the second connection to be made (including by means of contractual arrangements); and
(b) the power to apply the reimbursement payment in making such payments as may be appropriate towards reimbursing any persons for any payments they were previously required to make in respect of first connection expenses (whether that requirement arose by virtue of paragraph (a) or otherwise).
(2) A “reimbursement payment” is a payment, of such amount as may be reasonable in all the circumstances, in respect of first connection expenses.
Other provision about regulations under this Schedule
3 (1) The Secretary of State must consult the Authority before making regulations under this Schedule.
(2) Regulations under this Schedule may make provision requiring relevant electricity distributors to exercise a reimbursement power (whether in all cases or in cases provided for in the regulations).
(3) Regulations under this Schedule may make provision for the relevant electricity distributor to establish or estimate the amount of first connection expenses — or an amount of any aspect of those expenses — in cases where that distributor is not the person who made the first connection.
(4) Regulations under sub-paragraph (3) may not require any person to supply the relevant electricity distributor with information about any expenses incurred.
(5) Regulations under sub-paragraph (3) may provide for an estimate of an amount of first connection expenses to be calculated by a relevant electricity distributor by reference only to a combination of—
(a) expenses which that distributor would incur if that distributor were making the connection at the time of the estimate, and
(b) changes in prices since the time when the connection was actually made.
Interpretation
4 (1) In this Schedule—
“first connection” has the meaning given in paragraph 1;
“first connection expenses” has the meaning given in paragraph 1;
“reimbursement payment” has the meaning given in paragraph 2;
“reimbursement powers” has the meaning given in paragraph 2;
“relevant electricity distributor”, in relation to the exercise of a reimbursement power, means—
in a case where the first connection was made between premises and a distribution system, the electricity distributor that (at the time of the exercise of the power) operates that distribution system;
in a case where the first connection was made between two distribution systems, the electricity distributor that (at the time of the exercise of the power) operates the distribution system into which the first connection has been, or is expected to be, incorporated.
(2) A reference in this Schedule to a payment in respect of first connection expenses includes a reference to such a payment made in pursuance of section 19(1).
Suppliers’ charges relating to meters for disabled persons
1 (1) Where an electricity supplier, for the purpose of meeting the needs of a disabled person—
(a) alters the position of any electricity meter provided by him for a customer of his; or
(b) replaces such a meter with one which has been specially adapted,
the supplier shall not charge the customer for the alteration or replacement.
(2) Section 23 applies to any dispute arising under this paragraph.
Non-payment of suppliers’ charges
2 (1) Where a customer has not, within the requisite period, made all the relevant payments, the supplier may—
(a) install a pre-payment meter on the premises; or
(b) disconnect the premises,
and the supplier may recover any expenses incurred in so doing from the customer.
(1A) A payment is a relevant payment for the purposes of sub-paragraph (1) if it is due from the customer to an electricity supplier—
(a) in respect of the supply of electricity to any premises or the provision of an electricity meter; or
(b) under a green deal plan (within the meaning of section 1 of the Energy Act 2011) in respect of the premises.
(2) The power of a supplier under sub-paragraph (1)(a) or (b) may not be exercised—
(a) as respects any amount which is genuinely in dispute (disregarding for this purpose a dispute under section 39 or regulations made under it); and
(b) unless not less than seven working days’ notice has been given to the occupier of the premises (or the owner of the premises if they are unoccupied) of his intention to exercise it.
(3) In this paragraph the “requisite period” means the period of 28 days after the making by the supplier of a demand in writing for the relevant payments to be made.
Deemed contracts in certain cases
3 (1) Where an electricity supplier supplies electricity to any premises otherwise than in pursuance of a contract, the supplier shall be deemed to have contracted with the occupier (or the owner if the premises are unoccupied) for the supply of electricity as from the time (“the relevant time”) when he began so to supply electricity.
(2) Where—
(a) the owner or occupier of any premises takes a supply of electricity which has been conveyed to those premises by an electricity distributor;
(b) that supply is not made by an authorised supplier; and
(c) a supply of electricity so conveyed has been previously made by an electricity supplier,
the owner or occupier shall be deemed to have contracted with the appropriate supplier for the supply of electricity as from the time (“the relevant time”) when he began to take such a supply.
(3) Nothing in sub-paragraph (2) shall be taken to afford a defence in any criminal proceedings.
(4) The Authority shall publish a document containing provision for determining the “appropriate supplier” for the purposes of sub-paragraph (2).
(5) The Authority may revise the current document published under sub-paragraph (4); and where it does so it shall publish the revised document.
(6) The express terms and conditions of a contract which, by virtue of sub-paragraph (1) or (2), is deemed to have been made shall be provided for by a scheme made under this paragraph.
(7) Each electricity supplier shall make (and may from time to time revise), a scheme for determining the terms and conditions which are to be incorporated in the contracts which, by virtue of sub-paragraph (1) or (2), are to be deemed to have been made.
(8) The terms and conditions so determined may include terms and conditions for enabling the electricity supplier to determine, in any case where the meter is not read immediately before the relevant time, the quantity of electricity which is to be treated as supplied by the supplier to the premises, or taken by the owner or occupier of the premises, during the period beginning with the relevant time and ending with—
(a) the time when the meter is first read after the relevant time; or
(b) the time when the supplier ceases to supply electricity to the premises, or the owner or occupier ceases to take a supply of electricity,
whichever is the earlier.
(9) A scheme under this paragraph may (subject to section 7B) make different provision for different cases or classes of cases, or for different areas, determined by, or in accordance with, the provisions of the scheme.
(10) As soon as practicable after an electricity supplier makes a scheme under this paragraph, or a revision of such a scheme, he shall—
(a) publish, in such manner as he considers appropriate for bringing it to the attention of persons likely to be affected by it, a notice stating the effect of the scheme or revision;
(b) send a copy of the scheme or revision to the Authority , to Citizens Advice and to Consumer Scotland; and
(c) if so requested by any other person, send such a copy to that person without charge to him.
Supplies of electricity illegally taken
4 (1) Where any person takes a supply of electricity which is in the course of being conveyed by an electricity distributor, the distributor shall be entitled to recover from that person the value of the electricity so taken.
(2) Where—
(a) any person at premises at which a connection has been restored in contravention of paragraph 5(1) takes a supply of electricity which has been conveyed to those premises by an electricity distributor; and
(b) the supply is taken otherwise than in pursuance of a contract made with an authorised supplier, or of a contract deemed to have been made with an electricity supplier by virtue of paragraph 3 above or paragraph 23 (former tariff customers) of Schedule 7 to the Utilities Act 2000,
the distributor shall be entitled to recover from that person the value of the electricity so taken.
(3) Each electricity distributor shall make, and from time to time revise, a scheme providing for the manner in which, and the persons by whom, the quantity of electricity taken in such circumstances as are mentioned in sub-paragraph (1) or (2) is to be determined for the purposes of that sub-paragraph.
(4) Sub-paragraphs (9) and (10) of paragraph 3 shall apply in relation to a scheme under this paragraph as they apply in relation to a scheme under that paragraph.
(5) In this paragraph “value”, in relation to any electricity taken in such circumstances as are mentioned in sub-paragraph (1) or (2), means the amount which, if the electricity had been taken in such circumstances as are mentioned in sub-paragraph (2) of paragraph 3, could reasonably be expected to have been payable in respect of the electricity under a contract deemed to have been made by virtue of that sub-paragraph.
Restoration of connection without consent
5 (1) Where, otherwise than in the exercise of a power conferred by regulations under section 29, premises have been disconnected by an electricity supplier or an electricity distributor, no person shall, without the consent of the supplier or, as the case may be, the distributor, restore the connection.
(2) A person who acts in contravention of this paragraph shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) A connection restored in contravention of this paragraph may be disconnected by the distributor to whose distribution system the connection is made or, if the original disconnection was carried out by an electricity supplier, by that supplier.
Damage to electrical plant etc.
6 (1) A person who intentionally or by culpable negligence damages or allows to be damaged—
(a) any electric line or electrical plant provided by an electricity distributor; or
(b) any electricity meter provided by an electricity supplier,
shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) Where an offence has been committed under sub-paragraph (1) by the occupier of any premises (or by the owner of the premises if they are unoccupied when the offence is committed) in relation to any electric line or electrical plant provided by an electricity distributor for making or maintaining a connection to the premises, the distributor may disconnect the premises.
(3) Where an offence has been committed under sub-paragraph (1) in relation to an electricity meter provided by an electricity supplier which is situated on any premises, by the occupier (or by the owner of the premises if they are unoccupied when the offence is committed), the supplier may disconnect the premises and may remove the meter.
(4) A meter removed under sub-paragraph (3) shall be kept safely by the supplier until the Authority authorises its destruction or disposal.
(5) The distributor or supplier shall not be under any obligation to reconnect (and in the case of a supplier to restore the supply to) any premises disconnected under sub-paragraph (2) or (3) until—
(a) the offender is no longer the occupier or, as the case may be, the owner of the premises; or
(b) the matter in consequence of which the premises were disconnected has been remedied.
Entry during continuance of connection or supply
7 (1) Any officer or other person authorised by an electricity distributor may at all reasonable times enter any premises to which the distributor is maintaining a connection, for the purpose of inspecting any electric line or electrical plant provided by him.
(2) Any officer or other person authorised by an electricity supplier may at all reasonable times enter any premises to which electricity is being supplied by him for the purpose of—
(a) ascertaining the register of any electricity meter and, in the case of a pre-payment meter, removing any money or tokens belonging to the supplier;
(b) removing, inspecting or re-installing any electricity meter or installing any substitute meter.
(3) The supplier shall provide a substitute meter while a meter is removed under sub-paragraph (2)(b).
(4) Where an electricity supplier is authorised by paragraph 2(1) to install a pre-payment meter on any premises, any officer or other person authorised by the supplier may at all reasonable times enter the premises for the purpose of installing such a meter.
(5) A power of entry for the purpose of removing or installing an electricity meter may not be exercised unless at least two working days’ notice has been given to the occupier (or the owner of the premises if they are unoccupied).
Entry on discontinuance of supply or connection
8 (1) Where an electricity supplier or an electricity distributor is authorised by paragraph 6(2) or (3) above or paragraph 11(3) of Schedule 7 to this Act—
(a) to disconnect any premises; or
(b) to remove an electricity meter,
any officer or other person authorised by the supplier or distributor may at all reasonable times enter the premises for the purpose of disconnecting the premises or removing the meter.
(2) Where—
(a) an electricity distributor is authorised by any provision of this Act (other than one mentioned in sub-paragraph (1)) or of regulations made under it to disconnect any premises;
(b) a person occupying premises which are connected to a distribution system of an electricity distributor ceases to require a connection; or
(c) a person entering into occupation of any premises connected to a distribution system of an electricity distributor does not require such a connection,
any officer or other person authorised by the distributor may at all reasonable times enter the premises for the purpose of disconnecting the premises or removing any electrical plant or electric line provided by the distributor.
(3) Where—
(a) an electricity supplier is authorised by any provision of this Act (other than one mentioned in sub-paragraph (1)), or of regulations made under it, to disconnect any premises or to discontinue the supply to any premises;
(b) a person occupying premises which are supplied with electricity by an electricity supplier ceases to require such a supply; or
(c) a person entering into occupation of any premises previously supplied with electricity by an electricity supplier does not require such a supply;
any officer or other person authorised by the supplier may at all reasonable times enter the premises for the purpose of disconnecting the premises or removing any electricity meter provided by the supplier.
(4) A power of entry under sub-paragraph (2) or (3) may not be exercised unless at least two working day’s notice has been given to the occupier (or to the owner of the premises if they are unoccupied).
Entry for replacing, repairing or altering lines or plant
9 (1) Any officer or other person authorised by an electricity distributor may at all reasonable times enter any premises for the purpose of—
(a) placing a new electric line or any new electrical plant in the place of or in addition to any existing line or plant which has already been lawfully placed; or
(b) repairing or altering any such existing line or plant.
(2) A power of entry under sub-paragraph (1) may not be exercised unless at least five working days’ notice has been given to the occupier of any premises (or to the owner of the premises if they are unoccupied).
(3) In the case of emergency arising from faults in an electric line or any electrical plant entry may be made under sub-paragraph (1) above without the notice required by sub-paragraph (2), but notice shall then be given as soon as possible after the occurrence of the emergency.
Provisions as to powers of entry
10 (1) The Rights of Entry (Gas and Electricity Boards) Act 1954 (entry under a justice’s warrant) shall apply in relation to the powers of entry conferred by this Schedule.
(2) Any reference in this Schedule to an officer or other person authorised by an electricity supplier or an electricity distributor includes a reference to a person who, in accordance with a written authority given by the supplier or distributor to an agent of the supplier or distributor, is authorised by the agent on behalf of the supplier or distributor.
(3) Where in pursuance of any power of entry conferred by this Schedule, entry is made on any premises by a person authorised to do so—
(a) that person shall ensure that the premises are left no less secure by reason of the entry; and
(b) the supplier or distributor shall make good, or pay compensation for, any damage caused by that person (or by any other person accompanying him under sub-paragraph (5)) in entering the premises, in taking any action on the premises or in making them secure.
(4) A person may only exercise a power of entry conferred by this Schedule on production of some duly authenticated document showing his authority.
(5) Any person exercising a power of entry conferred by this Schedule may be accompanied by such other persons as may be necessary or expedient for the purpose for which the entry is made or for the purposes of sub-paragraph (3)(a) or (b) above.
(6) A person who intentionally obstructs a person exercising powers of entry conferred by this Schedule shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Electrical plant etc. not to be subject to distress
11 (1) This paragraph applies to any electric line, electrical plant or electricity meter belonging to or provided by an electricity distributor or electricity supplier which is marked or impressed with a sufficient mark or brand indicating an electricity supplier or electricity distributor as the owner or provider thereof.
(2) Anything to which this paragraph applies—
(a) shall be deemed not to be landlord’s fixtures, notwithstanding that they may be fixed or fastened to any part of any premises; and
(b) shall not in England and Wales be subject to distress or be liable to be taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, or to be taken in execution under process of any court or any proceedings in bankruptcy against the person in whose possession they may be.
SCHEDULE 6A Provisions imposing obligations enforceable as relevant requirements
Section 25(8)
All licence holders
1. The following are relevant provisions in relation to all licence holders (except the holder of a smart meter communication licence or a code manager licence)—
(a) sections 32 to 32M;
(b) section 42C;
(c) section 25(5) of the Consumers, Estate Agents and Redress Act 2007 (directions to comply with requirements under section 24 of that Act);
(ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) in the Electricity Regulation—
(i) Article 50(5) (provision of information relating to the transmission system etc),
(ii) Article 16(10) and (12) (duties relating to intended use of capacity);
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) in the Transparency Regulation—
(i) Article 4 (submission and publication of data),
(ii) Article 6 (information on total load),
(iii) Article 7 (information relating to the unavailability of consumption units),
(iv) Article 8 (year-ahead forecast margin),
(v) Article 9 (transmission infrastructure),
(vi) Article 10 (information relating to the unavailability of transmission infrastructure),
(vii) Article 11 (information relating to the estimation and offer of cross zonal capacities),
(viii) Article 12 (information relating to the use of cross zonal capacities),
(ix) Article 13 (information relating to congestion management measures),
(x) Article 14 (forecast generation),
(xi) Article 15 (information relating to the unavailability of generation and production units),
(xii) Article 16 (actual generation),
(xiii) Article 17 (balancing).
Generation licence holders
2. Article 50(6) of the Electricity Regulation (duty to keep specified information at the disposal of the Authority) is a relevant provision in relation to the holder of a generation licence.
Transmission licence holders
3. The following are relevant provisions in relation to all holders of a transmission licence—
(a) section 9;
(b) sections 26 to 29 of the Energy Act 2010 (adjustment of charges to help disadvantaged groups of customers).
Persons required to be certified as to independence
4. The following are relevant provisions in relation to a person who holds a transmission licence or an interconnector licence and is required to be certified under section 10D—
(a) section 10A;
(b) section 10B(4) and (6);
(c) section 10J(2) and (4);
(ca) any Article of ... the Electricity Balancing Regulation ...;
(d) in the Electricity Regulation—
(i) Article 6(13) (duties in respect of publication of information),
(ii) Article 7 (duties in relation to day-ahead and intraday markets),
(iii) Article 9 (duties in relation to forward markets),
(iv) Article 16(1), (2), (4), (6), (10) and (11) (duties concerning capacity allocation and congestion management),
(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(vi) Article 18(1), (3), (4) and (6) (duties relating to charges for access to networks, use of network and reinforcement),
(vii) Article 19(2) and (3) (congestion income),
(viii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ix) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(x) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xii) Article 50(1) to (4) (duties relating to publication of specified information),
(xiii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(da) Article 8 (publication on the internet) of the Electricity Transmission System Operation Regulation;
(db) in the Network Code on Electricity Emergency and Restoration—
(i) Article 36(2) (publication of rules for suspension and restoration of market activities),
(ii) Article 39(1) duty to develop and publish rules for settlement in case of suspension of market activities);
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) Article 2 of the ITC Regulation (duty to apply access charges in accordance with guidelines);
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) in the Transparency Regulation—
(i) Article 6 (information on total load),
(ii) Article 7 (information relating to the unavailability of consumption units),
(iii) Article 8 (year-ahead forecast margin),
(iv) Article 9 (transmission infrastructure),
(v) Article 10 (information relating to the unavailability of transmission infrastructure),
(vi) Article 11 (information relating to the estimation and offer of cross zonal capacities),
(vii) Article 12 (information relating to the use of cross zonal capacities),
(viii) Article 13 (information relating to congestion management measures),
(ix) Article 14 (forecast generation),
(x) Article 15 (information relating to the unavailability of generation and production units),
(xi) Article 16 (actual generation),
(xii) Article 17 (balancing).
Electricity System Operator
4A The following are relevant provisions in relation to the holder of an electricity system operator licence—
(a) each of the provisions mentioned in sub-paragraphs (ca) to (h) of paragraph 4 above;
(b) sections 26 to 29 of the Energy Act 2010 (adjustment of charges);
(c) sections 163 to 165A, 171 and 173 of the Energy Act 2023 (ISOP objectives, duties and related functions);
(d) section 17(10) of the Planning and Infrastructure Act 2025 (duty to comply with direction under section 17 of that Act).
Distribution licence holders
5. The following are relevant provisions in relation to the holder of a distribution licence—
(a) section 9;
(b) sections 16 to 23;
(c) section 40A;
(d) sections 42 and 42A;
(e) section 42AB;
(f) sections 43, 46 and 47 of the Consumers, Estate Agents and Redress Act 2007 (complaints);
(g) sections 26 to 29 of the Energy Act 2010 (adjustment of charges to help disadvantaged groups of consumers);
(h) section 17(10) of the Planning and Infrastructure Act 2025 (duty to comply with direction under section 17 of that Act).
Supply licence holders
6. The following are relevant provisions in relation to the holder of a supply licence—
(za) any provision of regulations under section 38A that is designated in the regulations as a relevant provision for the purposes of this paragraph;
(a) section 40;
(b) sections 42 and 42A;
(c) section 42AB;
(d) sections 43, 46 and 47 of the Consumers, Estate Agents and Redress Act 2007 (complaints);
(e) paragraph 3(4) of Schedule 2ZA;
(f) in the Energy Act 2010—
(i) section 9 (schemes for reducing fuel poverty),
(ii) section 11 (reconciliation mechanism),
(iii) sections 26 to 29 (adjustment of charges to help disadvantaged groups of consumers).
(g) section 2(2) of the Energy Prices Act 2022, except section 2(2)(c) insofar as non-compliance with the terms of the designated scheme involves the amounts payable by or to the Secretary of State under the scheme;
(h) section 22 of the Energy Prices Act 2022.
Distribution exemption holders
7. The following paragraphs of Schedule 2ZA are relevant provisions in relation to a distribution exemption holder—
(a) paragraph 1(3), (4) and (6) to (8);
(b) paragraph 2(2) to (4), (6) and (9);
(c) paragraph 3(6), (12)(a) and (13);
(d) paragraph 5(1) to (4), (6), (8) and (9);
(e) paragraph 6(2);
(f) paragraph 7(2) and (4);
(g) paragraph 8(4) and (9);
(h) paragraph 9;
(i) paragraph 13(2);
(j) paragraph 14(5), (6), (9) and (12);
(h) paragraph 15(1).
Supply exemption holders
8. The following are relevant provisions in relation to a supply exemption holder—
(a) paragraph 3(4) of Schedule 2ZA;
(b) the following paragraphs of Schedule 2ZB—
(i) paragraph 1(2), (3), (6) and (7),
(ii) paragraph 2(6),
(iii) paragraph 3(1) and (3),
(iv) paragraph 4,
(v) paragraph 5(1), (6) and (8),
(vi) paragraph 6,
(vii) paragraph 7.
Electricity undertakings which are relevant producers or suppliers
9. The following are relevant provisions in relation to an electricity undertaking which is a relevant producer or supplier—
(a) section 10B(5) and (6);
(b) section 10J(3) and (4);
(c) section 8D(5) and (6) of the Gas Act 1986 (duties concerning supply of information for application for certification as to independence);
(d) section 8L(3) and (4) of that Act (duties concerning supply of information for review of certification as to independence);
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Responsible bodies for central systems
9ZA (1) Section 194 (3) of the Energy Act 2023 is a relevant provision in relation to a responsible body for a central system.
(2) The reference in sub-paragraph (1) to a responsible body for a central system is a reference to a person for the time being specified in a notice under section 184(1) of the Energy Act 2023 in relation to a designated central system (within the meaning of Part 6 of that Act).
Smart meter communication licence holders and code manager licence holders
9A. The following are relevant provisions in relation to the holder of a smart meter communication licence or the holder of a code manager licence —
(a) section 42C; and
(b) section 25(5) of the Consumers, Estate Agents and Redress Act 2007 (directions to comply with requirements under section 24 of that Act).
Nominated electricity market operators
9B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
10. In this Schedule—
“the Electricity Balancing Regulation” means Commission Regulation (EU) 2017/2195 of 23 November 2017 establishing a guideline on electricity balancing;
“the Electricity Transmission System Operation Regulation” means Commission Regulation (EU) 2017/1485 of 2 August 2017 establishing a guideline on electricity transmission system operation;
...
“the ITC Regulation” means Commission Regulation (EU) 2010/838 of 23 September 2010 on laying down guidelines relating to the inter-transmission system operator compensation mechanism and a common regulatory approach to transmission charging;
“the Network Code on Electricity Emergency and Restoration” means Commission Regulation (EU) 2017/2196 of 24 November 2017 establishing a network code on electricity emergency and restoration;
“the Transparency Regulation” means Commission Regulation (EU) No 543/2013 of 14 June 2013 on submission and publication of data in electricity markets and amending Annex I to Regulation (EC) No 714/2009 of the European Parliament and of the Council.
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 31.
Consumption to be ascertained by appropriate meter
1 (1) Where a customer of an authorised supplier is to be charged for his supply wholly or partly by reference to the quantity of electricity supplied, the supply shall be given through, and the quantity of electricity shall be ascertained by, an appropriate meter.
(1A) An authorised supplier may give a supply otherwise than through an appropriate meter in such circumstances as may be prescribed.
(2) If the authorised supplier agrees, the meter may be provided by the customer (who may provide a meter which belongs to him or is made available otherwise than in pursuance of arrangements made by the supplier); but otherwise it shall be provided by the authorised supplier (who may provide a meter which belongs to him or to any person other than the customer).
(2A) An authorised supplier may refuse to allow one of his customers to provide a meter only if there are reasonable grounds for his refusal.
(3) The meter shall be installed on the customer’s premises in a position determined by the authorised supplier, unless in all the circumstances it is more reasonable to place it outside those premises or in some other position.
(4) The authorised supplier may require the replacement of any meter provided and installed in accordance with sub-paragraphs (2) and (3) above where its replacement—
(a) is necessary to secure compliance with this Schedule or any regulations made under it; or
(b) is otherwise reasonable in all the circumstances;
and any replacement meter shall be provided and installed in accordance with those sub-paragraphs.
(5) If the customer refuses or fails to take his supply through an appropriate meter provided and installed in accordance with sub-paragraphs (2) and (3) above, the supplier may refuse to give or may discontinue the supply.
(6) For the purposes of this paragraph a meter is an appropriate meter for use in connection with any particular supply if it is of a pattern or construction which, having regard to the terms on which the supply is to be charged for, is particularly suitable for such use.
(7) In relation to a dispute arising under this paragraph between an electricity supplier and a customer, section 23 of this Act applies with the substitution, for references to the Authority (and references treated as references to the Authority) of references to the Secretary of State.
(8) Pending the determination under section 23 of this Act (as modified by sub-paragraph (7)) of any dispute arising under this paragraph, the meter and its provision and installation shall be such as the Director may direct; and directions under this sub-paragraph may apply either in cases of particular descriptions or in particular cases.
(9) Part I of this Act shall apply as if any duty or other requirement imposed on an electricity supplier by directions under sub-paragraph (8) above were imposed by directions under section 23 of this Act (as modified by sub-paragraph (7)).
(10) In this Schedule “exempt supply” means a supply of electricity to any premises where—
(a) the premises are not premises used wholly or mainly for domestic purposes; or
(b) the authorised supplier or the customer is a person authorised by an exemption to supply electricity to those premises.
Restrictions on use of meters
2 (1) No meter shall be used for ascertaining the quantity of electricity supplied by an authorised supplier to a customer unless the meter—
(a) is of an approved pattern or construction and is installed in an approved manner; and
(b) subject to sub-paragraph (2) below, is certified under paragraph 5 below;
and in this Schedule “approved” means approved by or under regulations made under this paragraph.
(2) Paragraph (b) of sub-paragraph (1) above shall not apply to a meter used in connection with an exempt supply if the authorised supplier and the customer have agreed in writing to dispense with the requirements of that paragraph.
(3) Regulations under this paragraph may provide—
(a) for determining the fees to be paid for approvals given by or under the regulations;
(b) for revoking an approval so given to any particular pattern or construction of meter and requiring meters of that pattern or construction which have been installed to be replaced with meters of an approved pattern or construction within a prescribed period;
(c) for revoking an approval so given to any particular manner of installation and requiring meters which have been installed in that manner to be installed in an approved manner within such a period;
and may make different provision for meters of different descriptions or for meters used or intended to be used for different purposes.
3 (1) If an authorised supplier supplies electricity through a meter which is used for ascertaining the quantity of electricity supplied and—
(a) is not of an approved pattern or construction or is not installed in an approved manner; or
(b) in the case of a meter to which paragraph 2(1)(b) above applies, is not certified under paragraph 5 below,
he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1A) Regulations under paragraph 1(1A) may provide for this paragraph not to apply in such circumstances as may be prescribed (being circumstances in which an authorised supplier is not required to supply electricity through an appropriate meter).
(2) Where the commission by any person of an offence under this paragraph is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this sub-paragraph whether or not proceedings are taken against the first-mentioned person.
(3) In any proceedings in respect of an offence under this paragraph it shall be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
(4) No proceedings shall be instituted in England and Wales in respect of an offence under this paragraph except by or on behalf of the Director.
Meter examiners
4 (1) The Director shall appoint competent and impartial persons as meter examiners for the purposes of this Schedule.
(2) There shall be paid out of money provided by Parliament to meter examiners employed in the civil service of the State such remuneration and such allowances as may be determined by the Director with the approval of the Treasury; and such pensions as may be so determined may be paid out of money provided by Parliament to or in respect of such examiners.
(2A) The Secretary of State may pay, out of money provided by Parliament, to meter examiners who are not employed in the civil service of the State or to any employer of such examiners—
(a) sums in connection with the performance by such examiners of functions conferred by or under this Schedule or electricity meter regulations (within the meaning of section 95 of the Energy Act 2008), and
(b) sums in respect of any pension payable to or in respect of such examiners.
(3) All fees payable in respect of the examination of meters by meter examiners employed in the civil service of the State shall be paid to the Director; and any sums received by him under this sub-paragraph shall be paid into the Consolidated Fund.
Certification of meters
5 (1) Subject to sub-paragraph (2) below, a meter may be certified—
(a) by a meter examiner appointed under paragraph 4 above; or
(b) by a person who is authorised to certify meters of that description by or under regulations made under this paragraph;
and in this paragraph “examiner” means a meter examiner or a person so authorised.
(2) No meter shall be certified unless the examiner is satisfied—
(a) that the meter is of an approved pattern or construction; and
(b) that the meter conforms to such standards (including standards framed by reference to margins of error) as may be prescribed;
and references in this Schedule to prescribed margins of error shall be construed accordingly.
(3) An examiner may certify any meter submitted to him, notwithstanding that he has not himself examined or tested it, if—
(a) the meter is submitted to him by . . . a person authorised by the Director for the purposes of this sub-paragraph;
(b) the meter is accompanied by a report stating that the meter has been examined and tested by the person submitting it and containing such other information as may be prescribed;
(c) the examiner considers that the report indicates that the meter is entitled to be certified;
(d) the meter is one of a number submitted at the same time by the same person,
and the examiner has himself examined and tested as many of those meters as he may consider sufficient to provide a reasonable test of all of them.
(4) Regulations under this paragraph may make different provision for meters of different descriptions or for meters used or intended to be used for different purposes and may include provision—
(a) for the termination of certification in the case of meters which no longer conform to the prescribed standards and in such other cases as may be prescribed;
(b) for determining the fees to be paid to meter examiners employed in the civil service of the State for examining, testing and certifying meters, and the persons by whom they are to be paid; and
(c) as to the procedure to be followed in examining, testing and certifying meters.
(5) Regulations under this paragraph above may also include provision—
(a) for determining the fee to be paid in respect of any authorisation under sub-paragraph (1) or (3) above;
(b) for imposing conditions on any such authorisation; and
(c) for withdrawing any such authorisation before the end of any period for which it is given if any of those conditions is not satisfied.
Apparatus for testing etc. of meters
6 (1) It shall be the duty of a person to whom this paragraph applies, that is to say, . . . a person authorised by the Director for the purposes of paragraph 5(3) above—
(a) to provide and maintain such apparatus for the examination, testing and regulation of meters, and such apparatus for the sealing and unsealing of meters, as may be specified by a direction of the Director;
(b) to use apparatus so provided and maintained to carry out such examination, testing and regulation of meters, or to seal or unseal meters in such circumstances, as may be so specified; and
(c) to keep such records and make such reports of things done in pursuance of paragraph (b) above as may be so specified.
(2) It shall also be the duty of a person to whom this paragraph applies to afford to meter examiners, acting in the exercise of functions conferred by or under this Schedule, all necessary facilities for the use of apparatus provided and maintained in pursuance of sub-paragraph (1) above.
(3) If the Director considers that any person to whom this paragraph applies has made satisfactory arrangements whereby apparatus provided by some other person is available for the examination, testing or regulation of the first mentioned person’s meters, the Director may direct that this paragraph shall not apply to that person to such extent as may be specified in the direction.
(4) Any two or more persons to whom this paragraph applies may with the approval of the Director enter and carry into effect arrangements whereby apparatus provided by one or more of the parties is to be available to all or any of them for the purposes of fulfilling their obligations under this paragraph.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Testing etc. of meters
7 (1) It shall be the duty of a meter examiner employed in the civil service of the State, on being required to do so by any person and after giving notice to such persons as may be prescribed—
(a) to examine and test any meter used or intended to be used for ascertaining the quantity of electricity supplied to any premises;
(b) to determine whether it is of an approved pattern or construction and, if it is installed for use, whether it is installed in an approved manner;
(c) to determine whether it is in proper order for ascertaining the quantity of electricity supplied within the prescribed margins of error and, if it has been in use and there is a dispute as to whether it registered correctly at any time, to determine if possible whether it registered within those margins at that time; and
(d) to make a written report of his conclusions as to the matters mentioned in paragraphs (b) and (c) above.
(2) If a meter examiner determines that a meter is, or was at any time, operating outside the prescribed margins of error, he shall if possible give an opinion as to—
(a) any period for which the meter has or may have been so operating; and
(b) the accuracy (if any) with which it was or may have been operating for any such period.
(3) Regulations under this paragraph may make provision for determining the fees to be paid to meter examiners employed in the civil service of the State for examining and testing meters, and the persons by whom and the circumstances in which they are to be paid.
(4) In relation to a meter used or intended to be used in connection with an exempt supply, this paragraph shall have effect as if any reference to the prescribed margins of error included a reference to any margins of error agreed between the authorised supplier and the customer (in this Schedule referred to as “agreed margins of error”).
8 (1) This paragraph applies where there is a genuine dispute as to the accuracy of a meter used for ascertaining the quantity of electricity supplied to any premises and notice of the dispute—
(a) is given to the authorised supplier by the customer, or to the customer by the authorised supplier; or
(b) is given to the authorised supplier and to the customer by any other person interested.
(2) Except with the approval of a meter examiner and, if he so requires, under his supervision, the meter shall not be removed or altered by the supplier or the customer until after the dispute is resolved by agreement or the meter is examined and tested under paragraph 7 above, whichever first occurs.
(3) If the supplier or the customer removes or alters the meter in contravention of sub-paragraph (2) above, he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Presumptions and evidence
9 (1) This paragraph applies to meters used for ascertaining the quantity of electricity supplied to any premises.
(2) The register of a meter to which this paragraph applies shall be admissible in any proceedings as evidence of the quantity of electricity supplied through it.
(3) Where electricity has been supplied for any period through such a meter which is of an approved pattern or construction and is installed in an approved manner, the register of the meter shall be presumed to have been registering for that period—
(a) within the prescribed margins of error; and
(b) in the case of a meter used in connection with an exempt supply, within any agreed margins of error,
unless the contrary is proved.
(4) Where a meter to which this paragraph applies has been operating for any period—
(a) within the prescribed margins of error; and
(b) in the case of a meter used in connection with an exempt supply, within any agreed margins of error,
the meter shall be conclusively presumed to have been correctly registering for that period the quantity of electricity supplied through it.
(5) The report of a meter examiner on any question relating to such a meter shall be admissible in evidence in any proceedings in which that question is raised; and any conclusions in the report as to the accuracy of the meter when it was tested shall be presumed to be correct unless the contrary is proved.
Meters to be kept in proper order
10 (1) A customer of an authorised supplier shall at all times, at his own expense, keep any meter provided by him in proper order for correctly registering the quantity of electricity supplied to him; and in default of his doing so the supplier may discontinue the supply of electricity through that meter.
(2) An authorised supplier shall at all times, at his own expense, keep any meter provided by him to any customer in proper order for correctly registering the quantity of electricity supplied and, in the case of pre-payment meters, for operating properly on receipt of the necessary payment.
(2A) In relation to a dispute arising under this paragraph between an electricity supplier and a customer, section 23 of this Act applies, with the substitution for references to the Authority (and references treated as references to the Authority) of references to the Secretary of State.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Sub-paragraphs (2) and (3) above are without prejudice to any remedy the supplier may have against the customer for failure to take proper care of the meter.
Interference with meters
11 (1) If any person intentionally or by culpable negligence—
(a) alters the register of any meter used for measuring the quantity of electricity supplied to any premises by an authorised supplier; or
(b) prevents any such meter from duly registering the quantity of electricity supplied,
he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) Where any person is prosecuted for an offence under sub-paragraph (1) above, the possession by him of artificial means for causing an alteration of the register of the meter or, as the case may be, the prevention of the meter from duly registering shall, if the meter was in his custody or under his control, be prima facie evidence (or in Scotland sufficient evidence) that the alteration or prevention was intentionally caused by him.
(3) Where an offence under sub-paragraph (1) above has been committed, the supplier may discontinue the supply of electricity to the premises until the matter has been remedied and remove the meter in respect of which the offence was committed.
(4) Where an authorised supplier removes a meter under sub-paragraph (3) above, he shall keep it safely until the Director authorises him to destroy or otherwise dispose of it.
Special provision for pre-payment meters
12 (1) A customer of an authorised supplier who takes his supply through a pre-payment meter shall be under a duty to take all reasonable precautions for the safekeeping of any money or tokens which are inserted into that meter.
(2) A pre-payment meter installed by an authorised supplier through which a customer of such a supplier takes his supply of electricity shall not be used to recover a sum unless—
(a) the sum is owed to an authorised supplier—
(i) in respect of the supply of electricity to the premises on which the meter is installed,
(ii) in respect of the provision of the meter, or
(iii) under a green deal plan (within the meaning of section 1 of the Energy Act 2011) in respect of the premises; or
(b) the recovery of the sum in that manner is permitted by both—
(i) regulations; and
(ii) an agreement falling within sub-paragraph (3) below between the customer and the person to whom the sum is owed.
(3) An agreement falls within this sub-paragraph if—
(a) the person to whom the sum is owed is a person who is authorised by regulations to enter into agreements falling within this sub-paragraph;
(b) the agreement permits that person to use the meter in question to recover such sums as may be specified in or determined under the agreement; and
(c) the agreement complies with the requirements specified for the purposes of this sub-paragraph by regulations.
(4) The sums that regulations under this paragraph may permit the recovery of through a pre-payment meter include—
(a) sums owed to a person other than an authorised supplier;
(b) sums owed in respect of premises other than the premises on which the meter is installed;
(c) sums owed in respect of matters other than the supply of electricity.
(5) Before making regulations under this paragraph the Authority must consult—
(a) Citizens Advice;
(aa) Consumer Scotland;
(b) all authorised suppliers;
(c) such other persons as the Authority considers appropriate.
Interpretation
13 In this Schedule—
“agreed margins of error” has the meaning given by paragraph 7(4) above;
“approved” means approved by or under regulations made under paragraph 2 above;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“exempt supply” has the meaning given in paragraph 1(10) above;
“prescribed” means prescribed by regulations;
“prescribed margins of error” has the meaning given by paragraph 5(2) above;
“regulations” means—
in paragraph 12, regulations made by the Authority with the consent of the Secretary of State, and
in every other case, regulations made by the Secretary of State.
SCHEDULE 8 Consents of the Secretary of State and the Scottish Ministers under Sections 36 and 37
Section 36(8).
Applications for consent
1 (1) An application for a consent under section 36 or 37 of this Act shall be in writing and shall describe by reference to a map the land to which the application relates, that is, the land—
(a) on which the generating station is proposed to be constructed, extended or operated; or
(b) across which the electric line is proposed to be installed or kept installed.
(2) An application for a consent under section 37 of this Act shall also state—
(a) the length of the proposed line and its nominal voltage; and
(b) whether all necessary wayleaves have been agreed with owners and occupiers of land proposed to be crossed by the line,
and shall be supplemented, if the Secretary of State so directs, by such additional information as may be specified in the direction.
(3) The Secretary of State may by regulations make provision for determining the fees to be paid on applications for consent under section 36 or 37 of this Act, and the circumstances in which they are to be paid.
(4) Any sums received by the Secretary of State under this paragraph shall be paid into the Consolidated Fund.
Applications made to the Scottish Ministers for consent
1A (1) The Secretary of State or the Scottish Ministers may by regulations make provision about the following matters in relation to applications to the Scottish Ministers for consent under section 36 or 37.
(2) The matters are—
(a) the steps a person must take before making an application;
(b) the information that must be included in an application;
(c) an acceptance stage, during which the Scottish Ministers must assess an applicant’s compliance with any requirements imposed by the regulations in order to decide whether or not to accept the application;
(d) fees to be paid to the Scottish Ministers—
(i) on application, or
(ii) for anything done by them in relation to a proposed application;
(e) requests by the Scottish Ministers for additional information to aid their decision whether or not to accept an application or to grant consent.
(3) The steps that may be the subject of provision made by virtue of sub-paragraph (2)(a) include—
(a) notifying prescribed persons of the proposed application,
(b) publicising the proposed application, and
(c) carrying out a consultation about the proposed application.
Objections by relevant planning authority
2 (1) Where an application is made to the appropriate authority for a consent under section 36 or 37 of this Act, notice of the application shall be served on the relevant planning authority.
(2) In the case of an application made to the Secretary of State, where the relevant planning authority notify the Secretary of State that they object to the application and their objection is not withdrawn, the Secretary of State—
(a) shall cause a public inquiry to be held; and
(b) before determining whether to give his consent, shall consider the objection and the report of the person who held the inquiry.
(2A) In the case of an application made to the Scottish Ministers, where the relevant planning authority notify the Scottish Ministers that they object to the application and their objection is not withdrawn, the Scottish Ministers—
(a) must appoint a person (referred to in this Schedule as the “reporter”) to examine the application, and
(b) before determining whether to give their consent, must consider the objection and the reporter’s final report.
See paragraph 2A for the process that must be followed by the reporter.
(3) For the purposes of sub-paragraph (2) above the Secretary of State may make regulations limiting the time within which notification of objections may be made to the Secretary of State by relevant planning authorities, and providing that objections which are not notified within the time so limited may be disregarded for those purposes.
(4) Sub-paragraph (2) or (2A) above shall not apply where the appropriate authority proposes to accede to the application subject to such modifications or conditions as will give effect to the objection of the relevant planning authority.
(5) The appropriate authority may make regulations providing that, in relation to applications for consent under section 37 of this Act for electric lines of a nominal voltage less than 132 kilovolts, the provisions of this paragraph shall have effect with such modifications as may be prescribed.
(6) In this Schedule “relevant planning authority”—
(a) in relation to land in England ... which is not in a National Park for which a National Park authority is the local planning authority, means a local planning authority within the meaning of the Town and Country Planning Act 1990, except that in relation to a non-metropolitan county and an application for consent under section 37 of this Act it includes the county planning authority only—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) where the line will have a nominal voltage of not less than 132 kilovolts;
(aa) in relation to land in England . . . which is in a National Park for which a National Park authority is the local planning authority, means that National Park authority; and
(ab) in relation to Wales, means a local planning authority;.
(b) in relation to Scotland, means a general planning authority, or a district planning authority, within the meaning of Part IX of the Local Government (Scotland) Act 1973.
Procedure following objection by relevant planning authority: Scotland
2A (1) A reporter appointed under paragraph 2(2A)(a) must make proposals as regards the appropriate procedure for examining the application.
(2) The appropriate procedure may consist of one or more of the following—
(a) considering—
(i) the objection by the relevant planning authority,
(ii) any other objections made in accordance with regulations under paragraph 3(1)(c), and
(iii) any other representations made in accordance with an enactment;
(b) considering new written representations about the application from persons specified by the reporter;
(c) holding one or more hearing sessions;
(d) carrying out an inspection of the land to which the application relates;
(e) holding a public inquiry.
(3) Where the reporter proposes a procedure that includes proceedings within sub-paragraph (2)(b), (c) or (e), the proposal must include a statement of the issues that are proposed to be within the scope of each of those proceedings.
(4) The reporter must—
(a) publish the proposals,
(b) notify all interested parties of the proposals, and
(c) invite written representations about the proposals before the end of the time period specified by the reporter.
(5) The published proposals must include or be accompanied by an explanation of the reasons for the proposals.
(6) The reporter may hold a meeting to hear representations about the proposals.
(7) After considering the representations, the reporter must—
(a) decide on the appropriate procedure for examining the application, and
(b) publish that decision.
(8) The published decision must include or be accompanied by an explanation of—
(a) the reasons for the decision,
(b) the intended time period for the carrying out of the procedure, and
(c) the intended time period within which the reporter will send a final report to the Scottish Ministers.
(9) Sub-paragraph (3) applies to the reporter’s decision as it applies to the reporter’s proposals.
(10) On completing the examination, the reporter must prepare and send to the Scottish Ministers a final report setting out the reporter’s recommendations on the application.
(11) In this paragraph, “interested party” means—
(a) the applicant,
(b) the relevant planning authority which made the objection under paragraph 2(2A),
(c) any person who has made an objection in accordance with regulations under paragraph 3, or
(d) any person who has made representations in accordance with any other enactment.
(12) The Secretary of State or the Scottish Ministers may by regulations make provision amending or setting out further detail about the procedure set out in this paragraph. (See also paragraph 7B(2)(e).)
(13) A statutory instrument containing regulations under this paragraph is not to be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(14) Regulations made by the Scottish Ministers under this paragraph are subject to the affirmative procedure.
Objections by other persons
3 (1) The appropriate authority may by regulations make provision for securing—
(a) that notice of any application for consent under section 36 or 37 of this Act shall, in such circumstances as may be prescribed by the regulations, be published in such manner as may be so prescribed;
(b) that notice of any such application shall, in such circumstances as may be prescribed by the regulations or where the appropriate authority so directs, be served on such persons as may be so prescribed or, as the case may be, specified in the direction;
(c) that every notice published or served in pursuance of the regulations shall state the time within which, and the manner in which, objections to the application may be made by persons other than the relevant planning authority, and that the time so stated shall not be less than such minimum period as may be prescribed by the regulations; and
(d) that, in so far as any such notice requires objections to be sent to any person other than the appropriate authority, copies of the objections shall be sent to the appropriate authority by that person;
and in relation to applications for consent under section 36 of this Act to the extension of a generating station or to the operation of such a station in a different manner, the regulations may include provision for enabling the appropriate authority to give directions dispensing with the requirements of the regulations in such cases as the appropriate authority thinks fit.
(2) Where in the case of an application for consent under section 36 or 37 of this Act—
(a) a public inquiry is not required by virtue of paragraph 2(2) or 2A; but
(b) objections or copies of objections have been sent to the appropriate authority in pursuance of regulations made under this paragraph,
the appropriate authority shall 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, if the appropriate authority thinks it appropriate to do so, shall 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.
Public inquiries
4 (1) Where in accordance with paragraph 2(2) or 3(2) above a public inquiry is to be held in respect of an application that is made to the Secretary of State for consent under section 36 or 37 of this Act, the Secretary of State shall inform the applicant accordingly; and the applicant shall in two successive weeks publish a notice stating—
(a) the fact that the application has been made, and the purpose of it, together with a description of the land to which it relates;
(b) a place in the locality where a copy of the application, and of the map referred to in it, can be inspected; and
(c) the place, date and time of the public inquiry.
(2) A notice under sub-paragraph (1) above shall be published in one or more local newspapers circulating in the locality in which the land in question is situated, or circulating respectively in the several localities in which different parts of that land are situated, as the applicant may consider appropriate.
(3) If it appears to the Secretary of State that, in addition to the publication of a notice in accordance with sub-paragraphs (1) and (2) above, further notification of the public inquiry should be given (either by the service of notices, or by advertisement, or in any other way) in order to secure that the information specified in paragraphs (a) to (c) of sub-paragraph (1) above is sufficiently made known to persons in the locality, the Secretary of State may direct the applicant to take such further steps for that purpose as may be specified in the direction.
(3A) Where in accordance with paragraph 2A or 3(2) a public inquiry is to be held in relation to an application that is made to the Scottish Ministers for consent under section 36 or 37 of this Act, and it appears to the Scottish Ministers that in addition to any public notice of such an inquiry any further notification concerning the inquiry is necessary or expedient (either by way of service of notice upon any person or in any other way), the Scottish Ministers may direct the applicant to take such further steps for this purpose as may be specified in the direction.
(4) Where in accordance with paragraph 2(2) , 2A or 3(2) above a public inquiry is to be held in respect of an application for consent under section 36 or 37 of this Act and the appropriate authority is proceeding concurrently as mentioned in section 61(2) or (4) of this Act, the public inquiry shall extend to all the matters arising in the concurrent proceedings, and any notice of the inquiry (in addition to any other matters required to be stated in it) shall indicate the extent of the inquiry accordingly.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provisions supplementary to paragraphs 2 to 4
5 (1) Where in accordance with paragraph 2(2) , 2A or 3(2) above a public inquiry is to be held and the application for consent relates to land in the areas of two or more relevant planning authorities—
(a) the application shall not be the subject of a public inquiry in so far as it relates to land which is not within the area of a planning authority who have notified the appropriate authority that they object to the application, unless the appropriate authority otherwise directs having regard to objections by other persons of which the appropriate authority has notice; and
(b) in so far as the application is to be the subject of a public inquiry in relation to land in the areas of two or more relevant planning authorities, the appropriate authority may direct that separate public inquiries shall be held;
and, where the appropriate authority gives any such directions, the provisions of paragraphs 2 to 4 above shall apply with the necessary modifications.
(2) For the purposes of sub-paragraph (1)(a) above a relevant planning authority who have notified the appropriate authority that they object to the application shall be treated as not having done so if the appropriate authority proposes to accede to the application subject to such modifications or conditions as will give effect to the objection.
Additional inspectors
5A (1) This paragraph applies in the case of—
(a) a public inquiry in England and Wales by virtue of paragraph 2(2) or 3(2); or
(b) a public inquiry in England and Wales which is a combination under section 62 of this Act into one inquiry—
(i) of two or more such inquiries; or
(ii) of one or more such inquiries 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.
Proceedings for questioning certain decisions under paragraph 3(2)
5B (1) If a person is aggrieved by a decision of the Scottish Ministers to which this paragraph applies, and wishes to question the validity of the decision on either of the grounds mentioned in sub-paragraph (2), the person (the “aggrieved person”) may make an application to the Inner House of the Court of Session under this paragraph.
(2) The grounds are that—
(a) the decision is not within the powers of the Scottish Ministers under this Schedule,
(b) one or more of the relevant requirements have not been complied with in relation to the decision.
(3) This paragraph applies to a decision under paragraph 3(2) as to whether a public inquiry should be held with respect to an application for consent to construct, extend or operate a generating station that comprises or is to comprise (in whole or in part) renewable energy installations situated at places in relevant waters.
(4) An application under this paragraph must be made within the period of 6 weeks beginning with the date on which the decision to which the application relates is published by the Scottish Ministers.
(5) On an application under this section, the Inner House of the Court of Session—
(a) may suspend the decision until the final determination of the proceedings,
(b) may quash the decision either in whole or in part if satisfied that—
(i) the decision in question is not within the powers of the Scottish Ministers under this Schedule, or
(ii) the interests of the aggrieved person have been substantially prejudiced by failure to comply with any of the relevant requirements in relation to the decision.
(6) In this paragraph—
“relevant waters” means—
waters in or adjacent to Great Britain which are between the mean low water mark and the seaward limits of the territorial sea; and
waters in the area designated by the Renewable Energy Zone (Designation of Area) (Scottish Ministers) Order 2005 as the area in which the Scottish Ministers are to have functions.
“the relevant requirements”, in relation to a decision to which this paragraph applies, means the requirements of this Act, or of any regulations made under this Schedule, which are applicable to that decision.
Applications under paragraph 5B: requirement for permission
5C (1) No proceedings may be taken in respect of an application under paragraph 5B unless the Inner House of the Court of Session has granted permission for the application to proceed.
(2) The Court may grant permission under sub-paragraph (1) for an application to proceed only if it is satisfied that—
(a) the applicant can demonstrate a sufficient interest in the subject matter of the application, and
(b) the application has a real prospect of success.
(3) The Court may grant permission under subsection (1) for an application to proceed—
(a) subject to such conditions as the Court thinks fit, or
(b) only on such of the grounds specified in the application as the Court thinks fit.
Special provisions as to consents under section 37
6 (1) Where an application for consent under section 37 of this Act states that all necessary wayleaves have not been agreed with owners and occupiers of land proposed to be crossed by the electric line, the appropriate authority may—
(a) give notice to the applicant that the appropriate authority does not intend to proceed with the application until the appropriate authority is satisfied, with respect to all the land over which wayleaves have not been agreed, that the applicant has applied to the appropriate authority for consent under paragraph 6 (acquisition of wayleaves) of Schedule 4 to this Act; or
(b) grant ... consent subject to the condition (either in respect of the whole of the line or in respect of any part of it specified in the consent) that the work is not to proceed until the appropriate authority has given ... permission.
(2) In determining at any time whether to give permission for any work to proceed, either generally or in respect of any part of the line, the appropriate authority—
(a) shall have regard to the extent to which the necessary wayleaves have been agreed by that time; and
(b) in so far as any such wayleaves have not then been agreed in respect of any part of the line, shall take into account any prejudicial effect which, in the opinion of the appropriate authority, the giving of permission (whether in respect of that part or of any adjacent part of the line) might have on any subsequent proceedings relating to the outstanding wayleaves.
Deemed planning permission etc.
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Generating stations not within areas of relevant planning authorities
7A (1) This paragraph applies to every case where an application for a consent under section 36 of this Act relates to—
(a) the construction or operation of a generating station the whole or a part of which is to be, or is, at a place that is not within the area of a relevant planning authority; or
(b) the extension of a generating station at or to a place the whole or a part of which is not within such an area.
(2) This Schedule shall have effect in relation to cases to which this paragraph applies with the following modifications.
(3) In paragraph 1(1), for the words from “land to which” onwards substitute “ place to which the application relates, that is, the place where it is proposed to construct the generating station, where the proposed extension will be or where the station proposed to be operated is situated. ”
(4) Paragraph 2 does not apply where no part of the place to which the application relates is within the area of a relevant planning authority.
(5) In paragraph 4—
(a) in sub-paragraph (1)—
(i) in paragraph (a), for “land” substitute “ place ”; and
(ii) in paragraph (b), for “in the locality” substitute “ in the area specified in or determined in accordance with regulations made by the Secretary of State ”;
(b) in sub-paragraph (2), for the words from “the locality” onwards substitute “ the area specified in or determined in accordance with regulations made by the Secretary of State. ”; and
(c) in sub-paragraph (3), for “in the locality” substitute “ who are likely to be affected by the consent applied for if it is given ”.
(6) Paragraph 5 does not apply; but sub-paragraphs (7) to (10) apply where—
(a) a public inquiry is to be held in accordance with paragraph 2(2) , 2A or 3(2); and
(b) the application for consent relates to a place a part of which is in the area of one or more relevant planning authorities.
(7) Except in so far as the appropriate authority otherwise directs, an inquiry held in accordance with paragraph 2(2) or 2A must be confined to so much of the application as relates to land within the area of the planning authority by whom an objection has been made.
(8) The appropriate authority must have regard to objections made otherwise than by the planning authority in question in determining whether to give a direction under sub-paragraph (7) and in determining (where the appropriate authority gives one) what direction to give.
(9) The appropriate authority may direct that separate inquiries may be held in relation to any or each of the following—
(a) so much of the application as relates to land within the area of a particular relevant planning authority;
(b) so much of the application as relates to anywhere that is not within the area of a relevant planning authority.
(10) For the purposes of sub-paragraph (7) a planning authority that has made an objection is to be treated as not having done so if the appropriate authority proposes to accede to the application subject to such modifications or conditions as meet that objection.
Applications to the Scottish Ministers: time limits
7B (1) The Secretary of State or the Scottish Ministers may by regulations specify a time limit for actions that may or must be taken in relation to an application to the Scottish Ministers for consent under section 36 or 37.
(2) The regulations may, for example, specify a time limit for—
(a) a person to comply with a requirement of regulations under paragraph 1A;
(b) a person to respond to a pre-application consultation (see paragraph 1A(3)(c));
(c) a person who is notified of an application in accordance with an enactment to provide their opinion or advice on the application;
(d) a relevant planning authority to object to an application under paragraph 2(2A);
(e) a reporter to take any steps required by paragraph 2A;
(f) the Scottish Ministers to decide an application.
(3) The regulations may include provision about the consequences of failure to comply with a time limit.
(4) Where regulations under this paragraph specify a time limit for the completion of an acceptance stage (see paragraph 1A(2)(c)), the regulations may not permit the extension of that limit.
Supplemental
8 (1) In this Schedule—
“appropriate authority” means—
in the case of an application made to the Secretary of State, the Secretary of State;
in the case of an application made to the Scottish Ministers, the Scottish Ministers;
“relevant planning authority” has the meaning given by paragraph 2(6) above.
(1A) In this Schedule references to applications for consent shall not include applications to the Welsh Ministers.
(2) In section 149 of the Local Government, Planning and Land Act 1980, each of the following, namely—
(a) subsection (3)(a) (power of Secretary of State to confer on urban development corporation functions of local planning authority in England and Wales); and
(b) subsection (8)(a) (which makes corresponding provision in relation to Scotland),
shall have effect in relation to the provisions of this Schedule (so far as applying to applications for consent under section 37 of this Act) as it has effect in relation to the provisions referred to in that subsection.
(3) Where an application for a declaration under section 36A of this Act is made with an application for a consent under section 36 of this Act, the application for the declaration shall be treated for the purposes of this Schedule as part of the application for the consent.
Section 38.
Preservation of amenity: England and Wales
1 (1) In formulating any relevant proposals, a licence holder or a person authorised by exemption to generate, distribute, supply or participate in the transmission of electricity—
(a) shall have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest and of protecting sites, buildings and objects of architectural, historic or archeological interest; and
(b) shall do what he reasonably can to mitigate any effect which the proposals would have on the natural beauty of the countryside or on any such flora, fauna, features, sites, buildings or objects.
(2) In considering any relevant proposals for which its consent is required under section 36 or 37 of this Act, the appropriate authority shall have regard to—
(a) the desirability of the matters mentioned in paragraph (a) of sub-pargaraph (1) above; and
(b) the extent to which the person by whom the proposals were formulated has complied with his duty under paragraph (b) of that sub-paragraph.
(3) In this paragraph—
“appropriate authority” has the meaning given by section 36(10)(b) or (c) of this Act;
“building” includes structure;
“relevant proposals” means any proposals—
for the construction or extension of a generating station of a capacity not less than 10 megawatts, or for the opreation of such a station in a different manner;
for the installation (whether above or below ground) of an electric line; or
for the execution of any other works for or in connection with the transmission or supply of electricity.
(4) The appropriate authority may by order provide that sub-paragraph (3) above shall have effect as if for the capacity mentioned in paragraph (a) there were substituted such other capacity as may be specified in the order.
(5) This paragraph and paragraph 2 below extend to England and Wales only.
2 (1) A licence holder shall within twelve months from the grant of his licence prepare, and from time to time modify, a statement setting out the manner in which he proposes to perform his duty under paragraph 1(1) above, including in particular the consultation procedures which he intends to follow.
(2) Before preparing or modifying a statement under this paragraph, a licence holder shall consult the Countryside Agency, and—
(a) where the activities which he is authorised by his licence to carry on include activities in England, Natural England and the Historic Buildings and Monuments Commission for England; and
(b) where those activities include activities in Wales, the Natural Resources Body for Wales and the National Assembly for Wales.
(3) As soon as practicable after preparing or modifying a statement under this paragraph, the licence holder shall publish the statement as so prepared or so modified in such manner as he considers appropriate.
Preservation of amenity and fisheries: Scotland
3 (1) In formulating any relevant proposals, a licence holder or a person authorised by an exemption to generate, distribute, supply or participate in the transmission of electricity—
(a) shall have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest and of protecting sites, buildings and objects of architectural, historic or archaeological interest; and
(b) shall do what he reasonably can to mitigate any effect which the proposals would have on the natural beauty of the countryside or on any such flora, fauna, features, sites, buildings or objects.
(2) In considering any relevant proposals for which his consent is required under section 36 or 37 of this Act, the Secretary of State shall have regard to—
(a) the desirability of the matters mentioned in paragraph (a) of sub-paragraph (1) above; and
(b) the extent to which the person by whom the proposals were formulated has complied with his duty under paragraph (b) of that sub-paragraph.
(3) Without prejudice to sub-paragraphs (1) and (2) above, in exercising any relevant functions each of the following, namely, a licence holder, a person authorised by an exemption to generate or supply electricity and the Secretary of State shall avoid, so far as possible, causing injuries to fisheries or to the stock of fish in any waters.
(4) In this paragraph—
“building” includes structure;
“relevant proposals” has the same meaning as in paragraph 1 above and, for the purposes of this paragraph, any such order as is mentioned in sub-pargaraph (4) of that paragraph may be made under this sub-paragraph;
“relevant functions” means any powers conferred and any duties imposed by or under this Act.
(5) This paragraph and paragraphs 4 and 5 below extend to Scotland only.
4 (1) A licence holder shall within twelve months from the grant of his licence prepare, and from time to time modify, a statement setting out the manner in which he proposes too perform his duty under paragraph 3(1) above, inlcuding in particular the consultation procedures which he intends to follow.
(2) Before preparing or modifying a statement under this paragraph, a licence holder shall consult with Scottish Natural Heritage ... and with the National Park authority for any National Park which would be affected by the relevant proposals.
(3) As soon as practicable after preparing or modifying a statement under this paragraph, the licence holder shall publish the statement so prepared or so modified in such a manner as he considers appropriate.
Fisheries Committee: Scotland
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 70.
Allocation of property, rights and liabilities: general
1 (1) The provisions of this paragraph shall apply where the transfers effected in pursuance of a transfer scheme include a transfer of all property, rights and liabilities comprised in a specified part of the transferor’s undertaking, but shall not apply to any such rights or liabilities under a contract of employment.
(2) Any property, right or liability comprised partly in the specified part of the transferor’s undertaking and partly in some other part or parts of that undertaking shall, where the nature of the property, right or liability permits, be divided or apportioned between the transferee of the specified part (“transferee A”) and the transferee of the other part or each of the other parts (“transferee B”) in such proportions as may be appropriate.
(3) Where any estate or interest in land falls to be so divided—
(a) any rent payable under a lease in respect of that estate or interest; and
(b) any rent charged on that estate or interest,
shall be correspondingly apportioned or divided so that the 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.
(4) Sub-paragraph (3) above shall apply, with any necessary modifications, in relation to any feu duty payable in respect of an estate or interest in land in Scotland as it applies in relation to any rents charged on an estate or interest in land.
(5) Any property, right or liability comprised as mentioned in sub-paragraph (2) above the nature of which does not permit its division or apportionment as so mentioned shall be transferred to transferee A or transferee B according to—
(a) in the case of an estate or interest in land, whether on the transfer date transferee A or transferee B appears to be in greater need of the security afforded by that estate or interest or, where neither appears to be in greater need of that security, whether on that date transferee A or transferee B appears likely to make use of the land to the greater extent;
(b) in the case of any other property or any right or liability, whether on the transfer date transferee A or transferee B appears likely to make use of the property, or as the case may be to be affected by the right or liability, to the greater extent,
subject (in either case) to such arrangements for the protection of the other of them as may be agreed between them.
2 (1) The provisions of this paragraph shall apply where the transfers effected in pursuance of a transfer scheme include a transfer of all property, rights and liabilities comprised in a specified part of the transferor’s undertaking, but shall not apply to any such rights or liabilities under a contract of employment.
(2) It shall be the duty of the transferee of the specified part of the transferor’s undertaking (“transferee A”) and each of the other transferees (“transferee B”), whether before or after the transfer date, so far as practicable to arrive at such written agreements and to execute such other instruments as are necessary or expedient to identify or define the property, rights and liabilities transferred to transferee A or transferee B and as will—
(a) afford to transferee A and transferee B as against one another such rights and safeguards as they may require for the carrying on of their respective undertakings; and
(b) make as from such date, not being earlier than the transfer date, as may be specified in the agreement or instrument such clarification and modifications of the division of the transferor’s undertaking as will best serve the carrying on of the respective undertakings of transferee A and transferee B.
(3) Any such agreement shall provide so far as it is expedient—
(a) for the granting of leases and for the creation of other liabilities and rights over land whether amounting in law to interests in land or not, and whether involving the surrender of any existing interest or the creation of a new interest or not;
(b) for the granting of indemnities in connection with the severance of leases and other matters; and
(c) for responsibility for registration of any matter in any statutory register.
(4) If transferee A or transferee B represents to the Secretary of State, or if it appears to the Secretary of State without such a representation, that it is unlikely in the case of any matter on which agreement is required under sub-paragraph (2) above that such agreement will be reached, the Secretary of State, whether before or after the transfer date, may—
(a) give a direction determining that matter; and
(b) include in the direction any provision which might have been included in an agreement under sub-paragraph (2) above.
(5) Any property, rights or liabilities required by a direction under sub-paragraph (4) above to be transferred to transferee A or transferee B shall be regarded as having been transferred by this Act to, and by virtue thereof vested in, that transferee accordingly.
Allocation of rights and liabilities: contracts of employment
3 (1) The provisions of this paragraph shall apply where—
(a) the transfers effected in pursuance of a transfer scheme include a transfer of all property, rights and liabilities comprised in a specified part of the transferor’s undertaking; and
(b) it falls to be determined whether the rights and liabilities transferred to the transferee of that part (“transferee A”) include rights and liabilities under a particular contract of employment.
(2) Rights and liabilities under the contract of employment shall be transferred to transferee A only if immediately before the transfer date the employee is employed wholly or mainly for the purposes of the specified part of the transferor’s undertaking.
(3) The employee, transferee A or any of the other transferees may apply to the Secretary of State to determine whether or not rights and liabilities in respect of the employee’s services under the contract of employment are transferred to transferee A, and the Secretary of State’s decision on the application shall be final.
Variation of transfers by agreement
4 (1) The provisions of this paragraph shall apply where the transfers effected in pursuance of a transfer scheme include a transfer of all property, rights and liabilities comprised in a specified part of the transferor’s undertaking.
(2) At any time before the end of the period of twelve months beginning with the transfer date the transferee of the specified part and the transferee of any property, rights and liabilities comprised in some other part of the transferor’s undertaking may, with the approval of the Secretary of State, agree in writing that—
(a) as from such date as may be specified in or determined under the agreement; and
(b) in such circumstances (if any) as may be so specified,
there shall be transferred from the one transferee to, and vested in, the other transferee any property, rights and liabilities specified in the agreement; but no such agreement shall have effect in relation to rights and liabilities under a contract of employment unless the employee concerned is a party to the agreement.
(3) Subject to sub-paragraph (4) below, in the case of an agreement under sub-paragraph (2) above, the property, rights and liabilities in question shall on the date of the coming into force of the agreement be transferred, and by virtue of the agreement vest, in accordance with the agreement.
(4) The following provisions of this Schedule shall have effect as if—
(a) any reference to a transfer effected in pursuance of a transfer scheme included a reference to a transfer effected in pursuance of an agreement under sub-paragraph (2) above;
(b) any reference to a transaction effected in pursuance of paragraph 2(2) above or of a direction under paragraph 2(4) above included a reference to such an agreement; and
(c) any reference to a vesting by virtue of this Act included a reference to a vesting by virtue of such an agreement.
Right to production of documents of title
5 (1) The provisions of this paragraph shall apply where the transferee under a transfer effected in pursuance of a transfer scheme (“transferee A”) is entitled to possession of any document relating in part to the title to, or to the management of, any land or other property transferred to the transferee under some other transfer effected in pursuance of that scheme (“transferee B”).
(2) Where the land or other property is situated in England and Wales—
(a) transferee A shall be deemed to have given to transferee B an acknowledgment in writing of the right of transferee B to production of the document and to delivery of copies thereof; and
(b) section 64 of the Law of Property Act 1925 shall have effect accordingly, and on the basis that the acknowledgment did not contain any such expression of contrary intention as is mentioned in that section.
(3) Where the land or other property is situated in Scotland, subsections (1) and (2) of section 16 of the Land Registration (Scotland) Act 1979 (omission of certain clauses in deeds) shall have effect in relation to the transfer as if the transfer had been effected by deed and as if from each of those subsections the words “unless specially qualified” were omitted.
Proof of title by certificate
6 (1) Where two or more transfers are effected in pursuance of a transfer scheme, a certificate issued by either or any of the transferees (“transferee A”) with the concurrence of the other or others of them that—
(a) any property specified in the certificate;
(b) any such interest in or right over any such property as may be so specified; or
(c) any right or liability so specified,
is by virtue of this Act for the time being vested in transferee A shall be conclusive evidence for all purposes of that fact, and shall constitute a link of title for the purposes of section 5(1) of the Conveyancing (Scotland) Act 1924 (deduction of title).
(2) If, on the expiration of one month after a request from either or any of the transferees (“transferee A”) for the other or one of the others of them (“transferee B”) to concur in the issue of such a certificate, transferee B has failed so to concur—
(a) transferee A may refer the matter to the Secretary of State; and
(b) the Secretary of State may direct transferee B to concur in the issue of a certificate prepared in such terms as are specified in the direction.
Restrictions on dealing with certain land
7 (1) Where two or more transfers are effected in pursuance of a transfer scheme and the Secretary of State is satisfied, on the representation of either or any of the transferees (“transferee A”), that—
(a) in consequence of those transfers, different interests in land, whether the same or different land, are held by transferee A and by the other or one of the other transferees (“transferee B”); and
(b) the circumstances are such that the provisions of this paragraph should have effect,
the Secretary of State may direct that those provisions shall apply to such of that land as may be specified in the direction; and while the direction remains in force, those provisions shall have effect accordingly.
(2) Neither transferee A nor transferee B shall dispose of any interest to which they may respectively be entitled in any of the specified land except with the consent of the Secretary of State.
(3) If, in connection with any proposal to dispose of any interest of either transferee A or transferee B in any of the specified land, it appears to the Secretary of State to be necessary or expedient for the protection of either of them, he may—
(a) require either transferee A or transferee B to dispose of any interest to which it may be entitled in any of the specified land to such person and in such manner as may be specified in the requirement;
(b) require either transferee A or transferee B to acquire from the other any interest in any of the specified land to which that other is entitled; or
(c) consent to the proposed disposal subject to compliance with such conditions as the Secretary of State may see fit to impose.
(4) A person other than transferee A and transferee B dealing with, or with a person claiming under, either transferee A or transferee B shall not be concerned to see or enquire—
(a) whether this paragraph applies or has applied in relation to any land to which the dealing relates; or
(b) whether the provisions of this paragraph have been complied with in connection with that or any other dealing with that land,
and no transaction between persons other than transferee A and transferee B shall be invalid by reason of any failure to comply with those provisions.
Third parties affected by vesting provisions
8 (1) A transaction of any description which, in pursuance of paragraph 2(2) above or of a direction under paragraph 2(4) above, is effected between transferee A and transferee B—
(a) shall have effect subject to the provisions of any enactment which provides for transactions of that description to be registered in any statutory register; but
(b) subject to that, shall be binding on all persons notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any other person.
(2) If any transaction is effected in pursuance of paragraph 2(2) above or of a direction under paragraph 2(4) above, transferee A and transferee B shall notify any person who has rights or liabilities which thereby become enforceable as to part by or against transferee A and as to part by or against transferee B.
(3) If, within 28 days of being notified, such a person as is mentioned in sub-paragraph (2) above applies to the Secretary of State and satisfies him that the transaction operated unfairly against him, the Secretary of State may give such directions to transferee A and transferee B as appear to him appropriate for varying the transaction.
9 (1) If in consequence of two or more transfers effected in pursuance of a transfer scheme or of anything done in pursuance of the provisions of this Schedule—
(a) the rights or liabilities of any person other than the transferor and the transferees which were enforceable against or by the transferor become enforceable as to part against or by one transferee and as to part against or by another transferee; and
(b) the value of any property or interest of that person is thereby diminished,
such compensation as may be just shall be paid to that person by one or more of the transferees.
(2) Any dispute as to whether, and if so how much, compensation is payable under sub-paragraph (1) above, or as to the person to or by whom it shall be paid, shall be referred to and determined—
(a) by an arbitrator appointed by the Lord Chancellor; or
(b) where the proceedings are to be held in Scotland, by an arbiter appointed by the Lord President of the Court of Session.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
10 Any reference in this Schedule to a transfer effected in pursuance of a transfer scheme is a reference to a transfer effected by this Act in pursuance of such a scheme.
Section 90.
General
1 (1) Subject to sub-paragraphs (2) and (3) below, the following provisions shall apply for the purposes of the Corporation Tax Acts, namely—
(a) all the trades or parts of trades carried on by the existing bodies which are transferred by this Act to successor companies shall be treated as having been, at the time of their commencement and at all times since that time, separate trades carried on by those companies respectively;
(b) the trade carried on by each of those companies after the transfer date shall be treated as the same trade as that which, by virtue of paragraph (a) above, it is treated as having carried before that date;
(c) all property, rights and liabilities of an existing body which are transferred by this Act to a successor company shall be treated as hvaing been, at the time when tney became vested in that body and at all times since that time, property, rights and liabilities of that company; and
(d) anything done by an existing body in relation to property, rights and liabilities which are transferred by this Act to a successor company shall be deemed to have been done by that company.
(2) Except in the case of an Area Board, there shall be made such apportionments of unallowed tax losses and of expenditure by reference to which capital allowances may be made as may be specified in the transferor’s transfer scheme.
(3) Where any property, rights and liabilities of an existing body in England and Wales which are transferred by this Act to a successor company became vested in that body by virtue of a qualifying transfer, or two or more successive qualifying transfers—
(a) sub-paragraph (1)(c) above shall have effect as if the reference to the time when the property, rights and liabilities became vested in that body were a reference to the time when they became vested in the original transferor, that is to say, the transferor under the qualifying transfer or, as the case may be, the first qualifying transfers; and
(b) if the property, rights and liabilities becam vested in the original transferor by virtue of a transfer made by a compnany in which, at the time of the transfer, the original transferor or another existing body in England or Wales held an interest, that interest shal be deemed to have been held at that time by the successor company.
(4) Where any property, rights and liabilities of an existing body in England or Wales which are transferred by this Act to a successor company became vested in that body by virtue of a transfer made by a company in which, at the time of the transfer, that body or another body held an interest, that interest shall be deemed to have been held at that time by the successor company.
(5) In this paragraph—
“capital allowance” has the same meaning as in the Tax Acts;
“the final accounting period” means the last complete accounting period of the relevant body, that is to say—
(a) in the case of an existing body in England or Wales, the Electricity Council;
(b) in the case of an existing body in Scotland, that body,
ending before that transfer date;
“qualifying transfer” means a transfer to an existing body in England and Wales by another such body;
“unallowed tax losses” means any losses, allowances or amounts which, as at the end of the final accountign period, are tax losses within the meaning given by section 400(2) of the 1988 Act;
and in construing sub-paragraphs (1) to (4) above, section 511(2) of the 1988 Act and the corresponding earlier enactments shall be disregarded.
(6) This paragraph shall have effect in relation to accounting periods beginning after the final accounting period.
Chargeable gains
2 (1) This paragraph applies where—
(a) by virtue of a transfer of property, rights and liabilities effected by this Act to a successor company (in this paragraph referred to as “the transferee”), a company would, but for paragraph (1) above, cease to be a member of a group of which an existing body is a member; and
(b) assets have been acquired by that company from that body or from any other member of that group.
(2) On the company ceasing to be a member of a group of which the transferee is a member, section 178 or 179 of the 1992 Act (company ceasing to be a member of a group) shall apply as if any assets acquired at any time as mentioned in sub-paragraph (1) above had been acquired by the company from the transferee at that time.
(3) In this paragraph “group” has the meaning given by section 170 of the 1992 Act; and in construing this paragraph the provisions of section 511(2) of the 1988 Act and the corresponding earlier enactments shall be disregarded.
2A In this Schedule “the 1992 Act” means the Taxation of Chargeable Gains Act 1992.
Roll-over relief
3 (1) Where—
(a) a held over gain would, but for the provisions of section 154 of the 1992 Act, have beencarried forward to a depreciating asset; and
(b) that asset is transferred by this Act to a successor company,
that section shall have effect as if the gain had accrued to, and the claim for it to be held oveer had been made by, that company.
(2) In this paragraph the expressions which are used in the said section 154 have the same meanings as in that section.
Unallowed capital losses
4 (1) Any unallowed capital losses of an existing body shall be treated as allowable capital losses accruing to the appropriate successor company on the diposal of an asset on the transfer date.
(2) Immediately before the transfer date the unallowed capital losses of the Electricity Council shall be divided between the existing bodies in England and Wales; and there shall be allocated to each such body such proportion (if any) of those losses as is given by the formula—
A
B
where—
A is the amount which, but for section 511(2) of the 1988 Act and the corresponding earlier enactments, would have been the amount of the unallowed capital losses of that body;
B is the aggregate of the amounts which, but for that section and those enactments, would have been the amounts of the unallowed capital losses of those bodies.
(3) In this paragraph—
“allowable capital losses” means losses which are allowable for the purposes of the 1992 Act;
“unallowed capital losses”, in relation to any body, means any allowable capital losses which have been accrued to that body before the transfer date, in so far as they have not been allowed as deductions from chargeable gains.
Transaction in pursuance of section 68(2)(c)
5 (1) Sub-paragraph (2) below applies to any disposal (within the meaning of the 1992 Act) which is effected, and sub-paragraphs (3) and (4) below apply to any lease which is granted, in pursuance of a provision included in a transfer scheme by virtue of section 68(2) of this Act.
(2) A disposal to which this sub-paragraph applies shall be taken for the purposes of the 1992 Act to be effected for a consideration of such amount as would secure that on the disposal neither a gain nor a loss would accrue to the disponer.
(3) Section 291(1) of the Capital Allowances Act 2001 (supplementary provisions with respect to elections) shall not prevent the application of section 290 of that Act (election to treat grant of lease exceeding 50 years as sale) where the lease is a lease to which this sub-paragraph applies.
(4) Where, in the case of any machinery or plant which is a fixture and on the provision of which for the purposes of the transferor’s trade the transferor incurred capital expenditure, a lease of the relevant land (with or without other land) is a lease to which this sub-paragraph applies—
(a) the lessor shall not be required to bring the disposal value of the machinery or plant into account in accordance with Chapter 5 of Part 2 of the Capital Allowances Act 2001 (writing down allowances and balancing adjustments); and
(b) so far as relating to the bringing of disposal values into account, Chapters 5 and 14 ofPart 2 of the Capital Allowances Act 2001 (capital allowances for fixtures) shall have effect as if—
(i) the capital expenditure incurred by the transferor had been incurred by the lessee on the provision of the machinery or plant wholly and exclusively for the purposes of the lessee’s trade; and
(ii) the machinery or plant had become a fixture, immediately after the grant of the lease.
(5) In sub-paragraph (4) above “the transferor” means the transferor under the transfer scheme in question and expressions which are used in Chapter 14 of Part 2 of the Capital Allowances Act 2001 have the same meanings as in that Chapter; and in construing that sub-paragraph section 511(2) of the 1988 Act shall be disregarded.
Transfers in pursuance of Schedule 10
6 Where any property, rights and liabilities to which a transfer effected by this Act relates are, in pursuance of Schedule 10 to this Act, transferred by the transferee to another successor company—
(a) the foregoing provisiions of this Schedule shall have effect as if the transfer effected by this Act had been a transfer to the other successor company; and
(b) anything which, in relation to the property, rights and liabilities transferred, was done by the transferee for the purposes of the transferee’s trade shall be deemed to have been done by the other successor company for the purposes of that company’s trade.
Apportionments etc.
7 (1) This paragraph applies where any apportionment or other matter arising under the foregoing provisions of this Schedule appears to be material as respects the liability to tax (for whatever period) or two or more successor companies.
(2) Any question which arises as to the manner in which the apportionment is to be made or the matter to be dealt with shall be determined, for the purposes of tax of all the companies—
(a) in a case where the same body of General Commissioners have juridiction with respect to all those companies, by those Commissioners, unless all the companies agree that it shall be determined by the Special Commissioners;
(b) in a case where different bodies of Commissioners have jurisdiction with respect to those companies, by such of those bodies as the Board may direct, unless all the companies agree that it shall be determined by the Special Commissioners; and
(c) in any other case, by the Special Commissioners.
(3) The Commissioners by whom the question falls to be determined shall make the determination in like manner as if it were an appeal except that all the companies shall be entitled to appear and be heard by the Commissioners or to make representations to them in writing.
Securities of successor companies
8 (1) Any share issued by a successor company in pursuance of section 71 or 80 of this Act shall be treated for the purposes of the Corporation Tax Acts as if it had been issued wholly in consideration of a subscription paid to that company of an amount equal to the nominal value of the share.
(2) Any debenture issued by a successor company in pursuance of section 71 or 80 of this Act shall be treated for the purposes of the Corporation Tax Acts as if it had been issued—
(a) wholly in consideration of a loan made to that company of an amount equal to the principal sum payable under the debenture; and
(b) wholly and exclusively for the purposes of the trade carried on by that company.
and if any such debenture includes provision for the payment of a sum expressed as interest in respect of a period which falls wholly or partly before the issue of the debenture, any payment made in pursuance of that provision in respect of that period shall be treated for the purposes of the Corporation Tax Acts as if the debenture had been issued at the commencement of that period and, accordingly, as interest on the principal sum payable under the debenture.
Extinguishment of liabilities: restriction of tax losses
9 (1) Section 400(1) of the 1988 Act (write-off of government investment: restriction of tax losses) shall not have effect by virtue of section 80(1) of this Act; but in the case of any such extinguishment (whether or not it is a case as regards which the said section 400(1) would, but for the foregoing provisions of this sub-paragraph, have effect) the Secretary of State may, with the consent of the Treasury, from time to time, direct that such amount (“amount” including nil) as is specified in the direction shall be set off against the sucessor company’s tax losses as at the end of the accounting period ending last before the date of the direction.
(2) In any direction under sub-paragraph (1) above it may further be provided that the balance of tax losses remaining after the set off shall be aggregated with the balance of another successor company’s (or other successor companies’) tax losses remaining after a direction underr that sub-paragraph in respect of that other company (or directions in respect of those other companies) and the losses so aggregated apportioned between the companies in such manner as may be specified in the direction which makes such further provision.
(3) No direction shall be given under sub-paragraph (1) above in relation to a successor company as a time when the company has ceased to be wholly owned by the Crown.
(4) For the purpose of sub-paragraphs (1) and (2) above, a successor company’s tax losses at the end of the accounting period mentioned in the said sub-paragraph (1) are those referred to in paragraphs (a) to (e) of subsection (2) of the said section 400; and subsections (3) and (4) of that section shall have effect in relation to any set off under sub-paragraph (1) above as if—
(a) any reference to subsection (1) of that section were a reference to sub-paragraph (1) above; and
(b) the reference in subsection (4) of that section to the write-off date were a reference to the date of the direction under sub-paragraph (1) above.
(5) Subsection (6) of the said section 400 shall apply in relation to any such extinguishment as is mentioned in sub-pargaraph (1) above as if the reference to the body in question were a reference to the company whose liabilities are so extinguished.
(6) The trade carried on by a company whose liabilities are extinguished by virtue of section 80(1) of this Act shall, if the company’s tax losses are aggregated and apportioned by virtue of sub-pargaraph (2) above, be treated for the purposes of giving any relief under the Corporation Tax Acts in respect of the losses so apportioned as being, and having at all times been, the trade carried on by the successor companies to which the losses are apportioned.
(7) In this paragraph “accounting period” has the same meaning as in the 1988 Act.
Income tax exemption for certain interests
10 The vesting in a successor company by this Act of a liability for any loan made to an existing body shall not affect any direction in respect of the loan given or having effect as if given by the Treasury under section 755 of the Income Tax (Trading and Other Income) Act 2005 (income tax exemption for interest on foreign securities).
Stamp Duty
Stamp duty reserve tax
12 (1) No agreement made for the purposes of or for purposes connected with a transfer scheme shall give rise to a charge to stamp duty reserve tax.
(2) No agreement which is made in pursuance of Schedule 10 to this Act shall give rise to a charge to stamp duty reserve tax.
(3) No agreement by which the Treasury or the Secretary of State, or any nominee of the Treasury or Secretary of State, agrees to transfer securities of a company to another company shall give rise to a charge to stamp duty reserve tax if—
(a) either or both of the companies are successor companies; and
(b) each of the companies is, at the time when the agreement is made,
wholly owned by the Crown.
Interpretation etc.
13 (1) In this Schedule—
“the 1988 Act” means the Income and Corporation Tax Act 1988;
“the Board” means the Commissioners of Inland Revenue;
“existing body in England and Wales” means an Area Board, the Generating Board or the Electricity Council;
“existing body in Scotland” means a Scottish board.
(2) For the purposes of this Schedule a transfer, instrument or agreement shall be regarded as made in pursuance of Schedule 10 to this Act if the making of that transfer, instrument or agreement is required or authorised by or under paragraph 2 or 4 of that Schedule.
Section 97.
Grants by Secretary of State
1 (1) ... , the Secretary of State may, with the approval of the Treasury, make grants of such amounts as he thinks fit for the purpose of meeting qualifying expenditure, that is to say, expenditure incurred or to be incurred by any person (whether or not the same person as the person to whom the grant is made) in connection with—
(a) the storage or reprocessing of nuclear fuel;
(b) the treatment, storage or disposal of radioactive waste;
(ba) the cleaning-up of a principal nuclear site; or
(c) the decommissioning of a nuclear installation.
(2) ... , the Secretary of State may, with the approval of the Treasury, enter into an agreement with any person under which the Secretary of State undertakes that, if such conditions as may be specified in the agreement are satisfied, he will exercise the power conferred by this paragraph in such manner and to such extent as may be specified in the agreement.
(3) A grant under this paragraph may be made at such times, in such manner and subject to such conditions as the Secretary of State with the approval of the Treasury may determine.
(4) Any sums required by the Secretary of State for making grants under this paragraph shall be paid out of money provided by Parliament.
(5) In this paragraph “cleaning-up”, “decommissioning”, “nuclear installation” and “principal nuclear site” have the same meanings as in Chapter 1 of Part 1 of the Energy Act 2004.
Loans by Secretary of State
2 (1) ... , the Secretary of State may, with the approval of the Treasury, make loans of such amounts as he thinks fit for the purpose of meeting qualifying expenditure.
(2) A loan under this paragraph—
(a) may be made at such times, in such manner and subject to such conditions as the Secretary of State may with the approval of the Treasury determine; and
(b) shall be repaid to him at such times and by such methods, and interest thereon shall be paid to him at such rates and at such times, as he may, with the approval of the Treasury, from time to time direct.
(3) Any sums required by the Secretary of State for making loans under this paragraph shall be paid out of money provided by Parliament.
(4) Any sums received under sub-paragraph (2) above by the Secretary of State shall be paid into the Consolidated Fund.
(5) It shall be the duty of the Secretary of State—
(a) to prepare in respect of each financial year, in such form as the Treasury may direct, an account of sums issued to him for loans under this paragraph or received by him under this paragraph, and of the disposal by him of those sums; and
(b) to send the account to the Comptroller and Auditor General not later than the end of November in the following financial year;
and the Comptroller and Auditor General shall examine, certify and report on the account and shall lay copies of it and of his report before each House of Parliament.
Guarantees by Secretary of State
3 (1) ..., the Secretary of State with the approval of the Treasury may guarantee, in such manner and on such terms as he may think fit, the repayment of the principal of, the payment of interest on, and the discharge of any other financial obligation in connection with, any sums which are borrowed from a person other than the Secretary of State for the purpose of meeting qualifying expenditure.
(2) Immediately after a guarantee is given under this paragraph, the Secretary of State shall lay a statement of the guarantee before each House of Parliament; and immediately after any sum is paid for fulfilling a guarantee so given, the Secretary of State shall so lay a statement relating to that sum.
(3) Any sums required by the Secretary of State for fulfilling a guarantee under this paragraph shall be paid out of money provided by Parliament.
(4) If any sums are paid out in fulfilment of a guarantee given under this paragraph the person whose obligations are so fulfilled shall make to the Secretary of State, at such times and in such manner as the Secretary of State may from time to time direct—
(a) payments of such amounts as the Secretary of State may so direct in or towards repayment of the sums so paid out; and
(b) payments of interest on what is outstanding for the time being in respect of sums so paid out at such rate as the Secretary of State may so direct;
and the approval of the Treasury shall be required for the giving of a direction under this sub-paragraph.
(5) Any sums received under sub-paragraph (4) above by the Secretary of State shall be paid into the Consolidated Fund.
3A The Secretary of State shall not—
(a) make any grant or loan under this Schedule for the purpose of meeting any expenditure, or
(b) give any guarantee in respect of borrowing undertaken for the purpose of meeting any expenditure,
if the expenditure is expenditure on anything for which the Nuclear Decommissioning Authority has a financial responsibility under section 21 of the Energy Act 2004.
Financial limits
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
5 In this Schedule “qualifying expenditure” has the meaning given by paragraph 1(1) above.
SCHEDULE 13 Production and Supply of Heat or Electricity etc. by Scottish Local Authorities
Section 102.
In the Local Government (Scotland) Act 1973, the following provisions shall be inserted after section 170—
Heating and electricity
Production and supply of heat and electricity etc. by local authorities.
170A (1) Subject to subsections (2) and (3) of this section, a local authority may—
(a) produce heat or electricity or both;
(b) establish and operate such generating stations and other installations as the authority think fit for the purpose of producing heat or electricity or both;
(c) buy or otherwise acquire heat;
(d) use, sell or otherwise dispose of heat produced or acquired, or electricity produced, by the authority by virtue of this section;
(e) without prejudice to the generality of the preceding paragraph, enter into and carry out agreements for the supply by the authority, to premises within or outside the authority’s area, of such heat as is mentioned in the preceding paragraphs and steam produced from and air and water heated by such heat.
(2) Nothing in subsection (1) of this section shall be construed as exempting a local authority from the requirements of Part I of the Electricity Act 1989.
(3) Except in such cases as may be prescribed, a local authority shall not be entitled to sell electricity which is produced otherwise than in association with heat.
(4) A local authority may—
(a) construct, lay and maintain pipes and associated works for the purpose of conveying heat produced or acquired by the authority by virtue of this section and steam produced from and air and water heated by such heat;
(b) contribute towards the cost incurred by another person in providing or maintaining pipes or associated works which are connected with pipes provided by the authority in pursuance of the preceding paragraph.
(5) Parts I and II of Schedule 3 to the Water (Scotland) Act 1980 (which relate to the breaking open of roads and the laying of communication and supply pipes etc.) shall apply in relation to pipes and associated works provided or to be provided in pursuance of paragraph (a) of the preceding subsection as those Parts apply in relation to water mains and pipes but as if—
(a) in paragraph 1 of that Schedule the words “which they are authorised to lay” were omitted;
(b) for the reference to the special Act in paragraph 2(3) of that Schedule there were substituted a reference to this subsection;
(c) for any reference to a water authority or a water development board there were substituted a reference to the local authority in question, whether acting alone or jointly with some other person; and
(d) for any reference to the limits of supply or area of a water authority or a water development board there were substituted a reference to the area of the local authority.
(6) It shall be the duty of a local authority by whom an installation for producing heat is operated in pursuance of this section in any financial year to furnish to the Secretary of State, as soon as practicable after the end of that year, such particulars relating to the installation and heat produced at the installation as are prescribed.
(7) In this section “associated works”, in relation to pipes, means any of the following connected with the pipes, namely, any valve, filter, stopcock, pump, meter, inspection chamber and manhole and such other works as are prescribed.
(8) Nothing in this section (except the restrictions imposed by subsection (3)) shall be construed as prejudicing any power exercisable by a local authority apart from this section.
(9) Regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Provisions supplementary to s.170A.
170B (1) A local authority who supply or propose to supply heat, hot air, hot water or steam in pursuance of the preceding section may make byelaws—
(a) with respect to the works and apparatus to be provided or used by persons other than the authority in connection with the supply;
(b) for preventing waste and unauthorised use of the supply and unauthorised interference with works and apparatus used by the authority or any other person in connection with the supply;
(c) providing for any specified contravention of the byelaws to be an offence punishable on summary conviction with a fine of such an amount, not exceeding level 3 on the standard scale, as is specified in the byelaws.
(2) Subsections (1) to (7) of section 38 of the Water (Scotland) Act 1980 (which relates to the entry of premises by authorised officers of water authorities or water development boards) shall have effect for the purpose of authorising the entry of premises by authorised officers of a local authority who provide or propose to provide such a supply as is mentioned in the preceding subsection as if for any reference to water authorities or water development boards there were substituted a reference to the local authority and as if in subsection (1) of that section—
(a) for paragraph (a) there were substituted the following paragraph—
“(a) for the purpose of installing, examining, adjusting, removing or reading any meter used or to be used by the local authority for measuring the heat, hot air, hot water or steam supplied or to be supplied by that authority;”
(b) for the words from “this Act” onwards in paragraph (b) there were substituted the words “byelaws in force by virtue of section 170B of the Local Government (Scotland) Act 1973”; and
(c) for the words “this Act” in paragraphs (c) and (d) there were substituted the words “section 170A of that Act”.
(3) Regulations may repeal or alter subsection (1) of this section or any provision of byelaws in force by virtue of that subsection and may make any modification of the preceding subsection which the Secretary of State considers is appropriate in consequence of the repeal or alteration.
(4) An instrument containing regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) Section 80 of the Health and Safety at Work etc. Act 1974 (which among other things provides that regulations under subsection (1) of that section may repeal or modify any provision to which that subsection applies if it appears to the authority making the regulations that it is expedient to do so in consequence of any provision made by or under Part I of that Act) shall have effect as if the provisions to which subsection (1) of that section applies included subsection (1) of this section and byelaws in force by virtue of subsection (1) of this section.
(6) The accounts of a local authority by whom expenditure is incurred under any of the provisions of the preceding section and this section shall include a separate account of that expenditure and of any income connected with functions conferred on the authority by those provisions.
Section 104.
Power to amend scheme
1 (1) The Secretary of State may make regulations amending the Electricity Supply Pension Scheme (in this Schedule referred to as “the scheme”) for any of the following purposes, namely—
(a) for enabling the following persons to participate in or acquire pension rights under the scheme on such terms and conditions as may be prescribed, namely—
(i) members and former members of existing bodies;
(ii) officers and former officers of the Electricity Consumers’ Council; and
(iii) persons (other than successor companies) whose participation in the scheme will not prejudice its registration or approval for the purposes of the relevant enactments, and employees of such persons;
(b) for requiring any persons (including persons not participating in the scheme) to make payments to the trustees of the scheme in such circumstances as may be prescribed;
(c) for requiring or enabling any functions exercisable under the scheme by existing bodies to be exercisable by such persons, and in such circumstances, as may be prescribed;
(d) for enabling the scheme to be wound up (in whole or in part) in such circumstances as may be prescribed; and
(e) for securing that the scheme continues to be registered or approved for the purposes of the relevant enactments, notwithstanding the transfers made by this Act and the repeal by this Act of section 54 of the Electricity Act 1947.
(2) Regulations under this paragraph may make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
(3) Regulations under this paragraph may be made so as to have effect from a date prior to their making, so however that so much of any regulations as provides that any provision of regulations shall have effect from a date prior to their making shall not place any person other than existing bodies or Scottish Boards, or their successor companies, in a worse position than he would have been in if the regulations had been made to have effect only from the date of their making.
(4) Regulations under this paragraph shall not be made at any time after any supply or generating company has ceased to be wholly owned by the Crown.
Protection for certain persons
2 (1) The Secretary of State may make regulations for the purpose of securing that—
(a) no person to whom paragraph 3(1) or (2) below applies is placed in any worse position by reason of—
(i) any winding up, in whole or in part, of a relevant scheme, that is to say, the scheme or any other scheme which is provided or amended in pursuance of the regulations; or
(ii) any amendment of a relevant scheme which results in benefits under that scheme being reduced, or contributions by employees being increased, and is made otherwise than in such circumstances as may be prescribed;
(b) no person to whom paragraph 3(1) below applies is prevented from continuing to participate in or acquire pension rights under the scheme by reason of any change of employer—
(i) which does not affect his continuity of employment and is made otherwise than in such circumstances as may be prescribed; and
(ii) in the case of which his new employer either is a participant in the scheme or is wholly owned by one or more companies which or each of which is such a participant; and
(c) no person to whom paragraph 3(1) below applies is placed in any worse position by reason of any change of employer which does not affect his continuity of employment but prevents him from continuing to participate in or acquire pension rights under a relevant scheme;
and the references in paragraphs (a) and (c) above to any worse position shall be construed, in relation to a person to whom paragraph 3(1) below applies who, after the transfer date, ceases to participate in or acquire pension rights under the scheme, as references to a position which is any worse than his position immediately before he so ceases.
(2) Regulations under this paragraph may impose duties (whether as to the amendment of the scheme, the provision or amendment of other schemes, the purchase of annuities, the making of payments or otherwise) on persons who are or have been employers of persons to whom paragraph 3(1) or (2) below applies; and duties so imposed on any person may include duties owed to persons of whom he is not and has not been an employer.
(3) Regulations under this paragraph may also provide for any dispute arising under them to be referred to arbitration.
(4) Sub-paragraphs (2) and (4) of paragraph 1 above shall apply for the purposes of this paragraph as they apply for the purposes of that paragraph.
3 (1) Subject to sub-paragraph (3) below, this sub-paragraph applies to—
(a) any existing employee who, immediately before the transfer date, is a participant in the scheme;
(b) any existing employee who, after that date, participates in the scheme within three months of his attaining the minimum age for such participation;
(c) any former participant who, after that date, participates in or acquires pension rights under the scheme in such circumstances as may be prescribed by regulations under paragraph 2 above; and
(d) any person who participates in the scheme in pursuance of regulations made under paragraph 1(1)(a)(i) or (ii) above.
(2) Subject to sub-paragraph (3) below, this sub-paragraph applies to—
(a) any person not falling within sub-paragraph (1)(c) above who, immediately before the transfer date, is not a participant in the scheme but has pension rights under the scheme; and
(b) any person who, after that date, acquires pension rights under a relevant scheme by reason of the death of a person falling within sub-paragraph (1) or paragraph (a) above,
but only as respects the pension rights by virtue of which he falls within paragraph (a) or (b) above.
(3) Any person to whom sub-paragraph (1) or (2) above applies may elect in such manner as may be prescribed by regulations under paragraph 2 above that that sub-paragraph shall cease to apply to him; and if any person to whom sub-paragraph (1) above applies—
(a) ceases to be in continuous employment; or
(b) voluntarily withdraws from a relevant scheme,
otherwise than in such circumstances as may be so prescribed, that sub-paragraph shall cease to apply to him except as respects pension rights which have accrued to him before that time.
4 (1) Chapter I of Part XIV of the Employment Rights Act 1996 shall apply for the purposes of paragraphs 2 and 3 as if—
(a) those paragraphs were contained in that Act; and
(b) in that Schedule “associated employer”, in relation to a company participating in a relevant scheme, included any other company participating in such a scheme and any other company of which a company so participating has control, or two or more companies so participating together have control;
but regulations under paragraph 2 above may provide that no account shall be taken for those purposes of any person ceasing to be in continuous employment for such periods and in such circumstances as may be prescribed by the regulations.
(2) For the purposes of sub-paragraph (1) above, a company has control, or two or more companies together have control, of another company (“the other company”) if—
(a) that company, or each of those companies, is a member of the other company and that company controls, or those companies together control, the composition of the other company’s board of directors;
(b) that company holds, or those companies together hold, more than half in nominal value of the other company’s equity share capital;
(c) a company of which the company has control, or those companies together have control, has control of the other company; or
(d) two or more companies of which that company has control, or those companies together have control, together have control of the other company;
and subsections (2) to (4) of section 736 of the Companies Act 1985 (as originally enacted) shall, with any necessary modifications, apply for the purposes of this sub-paragraph as they apply for purposes of subsection (1) of that section.
Interpretation
5 (1) In this Schedule—
“Consultative Council” means a Consultative Council established under section 7 of the Electricity Act 1947 for the area of an Area Board;
“employer”, in relation to a person employed by a company which is a wholly-owned subsidiary of another company, includes that other company;
“existing body” means any of the following, namely, the Area Boards, the Generating Board and the Electricity Council;
“existing employee” means any person who, immediately before the transfer date, is employed by an existing body or a Consultative Council, or falls to be treated as employed by an existing body by virtue of regulations made under section 54(4) of the Electricity Act 1947 (service as a member to count as service as an employee);
“former participant” means any person who, immediately before the transfer date, is not a participant in the scheme but has pension rights under the scheme by virtue of his having been such a participant;
“pension”, in relation to any person, means a pension of any kind payable to or in respect of him, and includes a lump sum, allowance or gratuity so payable and a return of contributions, with or without interest or any other addition;
“pension rights”, in relation to any person, includes—
all forms of right to or eligibility for the present or future payment of a pension to or in respect of him; and
any expectation of the accruer of a pension to or in respect of him;
and includes a right of allocation in respect of the present or future payment of a pension;
“the relevant enactments” means Part 4 of the Finance Act 2004 (pension schemes etc) and Part III of the Pension Schemes Act 1993 (so far as relating to occupational pension schemes within the meaning of that Act);
“relevant scheme” has the meaning given by paragraph 2(1) above;
“the scheme” has the meaning given by paragraph 1(1) above;
“wholly-owned subsidiary” has the same meaning as in the Companies Act 1985.
(2) For the purposes of this Schedule, a company is wholly owned by one or more other companies if it has no members except—
(a) that other or those others and its or their nominees; and
(b) wholly-owned subsidiaries of that other or those others and their nominees.
(3) Subject to sub-paragraph (1) above, expressions used in this Schedule which are also used in Part I or II of this Act have the same meanings as in that Part.
Section 105.
Power to amend schemes
1 (1) The Secretary of State may make regulations amending the Hydroboard Superannuation Fund (in this Schedule referred to as “the North Scheme”) and the South of Scotland Electricity Board’s Superannuation Scheme (in this Schedule referred to as “the South Scheme”) for any of the following purposes, namely—
(a) for enabling members, former members and existing employees of the Scottish Boards to participate in or acquire pension rights under the North Scheme or the South Scheme on such terms and conditions as may be prescribed;
(b) for requiring any persons to make payments to the trustees of the schemes in such circumstances as may be prescribed;
(c) for enabling either scheme, or both schemes, to be wound up (in whole or in part) in such circumstances as may be prescribed; and
(d) for securing that the schemes continue to be registered or approved for the purposes of the relevant enactments notwithstanding the transfers made by this Act and the repeal by this Act of section 37 of the Electricity (Scotland) Act 1979.
(2) Without prejudice to the generality of paragraph (c) of sub-paragraph (1) above, regulations made for the purposes of that paragraph may require persons not participating in—
(a) the North Scheme to make payments to the trustees of the North Scheme;
(b) the South Scheme to make payments to the trustees of the South Scheme.
(3) Regulations under this paragraph may make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
(4) Regulations under this paragraph may be made so as to have effect from a date prior to their making, so however that so much of any regulations as provides that any provision of regulations shall have effect from a date prior to their making shall not place any person other than the Boards or existing bodies (within the meaning of Schedule 14 to this Act), or their successor companies, in a worse position than he would have been in if the regulations had been made to have effect only from the date of their making.
(5) Regulations under this paragraph shall not be made at any time after any Scottish electricity company has ceased to be wholly owned by the Crown.
Protection for certain persons
2 (1) The Secretary of State may make regulations for the purpose of securing that (regardless of which scheme an existing employee of the Scottish Boards is a participant in immediately before the transfer date)—
(a) no person to whom paragraph 3(1) or (2) below applies is placed in any worse position by reason of—
(i) any winding up, in whole or in part, of a relevant scheme, that is to say, the North Scheme or the South Scheme or any other scheme which is provided or amended in pursuance of the regulations; or
(ii) any amendment of a relevant scheme which results in benefits under that scheme being reduced, or contributions by employees being increased, and is made otherwise than in such circumstances as may be prescribed; and
(b) no person to whom paragraph 3(1) below applies is prevented from continuing to participate in or acquire pension rights under the North Scheme or the South Scheme by reason of any change of employer—
(i) which does not affect his continuity of employment and is made otherwise than in such circumstances as may be prescribed; and
(ii) in the case of which his new employer either is a participant in that scheme or is wholly owned by one or more companies which or each of which is such a participant; and
(c) no person to whom paragraph 3(1) below applies is placed in any worse position by reason of any change of employer which does not affect his continuity of employment but prevents him from continuing to participate in or acquire pension rights under a relevant scheme;
and the references in paragraphs (a) and (c) above to any worse position shall be construed, in relation to a person to whom paragraph 3(1) below applies who, after the transfer date, ceases to participate in or acquire pension rights under the North Scheme or the South Scheme, as references to a position which is any worse than his position, immediately before he so ceases, under whichever of the schemes he is then participating in or last acquired pension rights under.
(2) Regulations under this paragraph may impose duties (whether as to the amendment of either scheme, the provision or amendment of other schemes, the purchase of annuities, the making of payments or otherwise) on persons who are or have been employers of persons to whom paragraph 3(1) or (2) below applies; and duties so imposed on any person may include duties owed to persons of whom he is not and has not been an employer.
(3) Regulations made under this paragraph may also provide for any dispute arising under them to be referred to arbitration.
(4) Sub-paragraphs (3) and (5) of paragraph 1 above shall apply for the purposes of this paragraph as they apply for the purposes of that paragraph.
3 (1) Subject to sub-paragraph (3) below, this sub-paragraph applies to—
(a) any—
(i) existing employee of the Scottish Boards; or
(ii) existing employee of a Consultative Council,
who, immediately before the transfer date, is a participant in the North Scheme or the South Scheme;
(b) any existing employee of the Scottish Boards who, after that date, participates in either scheme within three months of his attaining the minimum age for such participation;
(c) any former participant in either scheme who, after that date, participates in or acquires pension rights under either scheme in such circumstances as may be prescribed by regulations under paragraph 2 above; and
(d) any person who participates in either scheme in pursuance of regulations made under paragraph 1(1)(a) above.
(2) Subject to sub-paragraph (3) below, this sub-paragraph applies to—
(a) any person not falling within sub-paragraph (1)(c) above who, immediately before the transfer date, is not a participant in the North Scheme or the South Scheme but has pension rights under either scheme; and
(b) any person who, after that date, acquires pension rights under a relevant scheme by reason of the death of a person falling within sub-paragraph (1) or paragraph (a) above,
but only as respects the pension rights by virtue of which he falls within paragraph (a) or (b) above.
(3) Any person to whom sub-paragraph (1) or (2) above applies may elect in such manner as may be prescribed by regulations under paragraph 2 above that that sub-paragraph shall cease to apply to him; and if, otherwise than in such circumstances as may be so prescribed, any person to whom sub-paragraph (1) above applies—
(a) ceases to be in continuous employment; or
(b) voluntarily withdraws from a relevant scheme and does not forthwith—
(i) become a participant in another such scheme; and
(ii) transfer to that scheme the pension rights which have accrued to him before that time under the scheme from which he is withdrawing,
that sub-paragraph shall cease to apply to him except as respects pension rights which have so accrued.
4 (1) Chapter I of Part XIV of the Employment Rights Act 1996 shall apply for the purposes of paragraphs 2 and 3 above as if—
(a) those paragraphs were contained in that Act; and
(b) in that Schedule “associated employer”, in relation to a company participating in a relevant scheme, included any other company participating in such a scheme and any other company of which a company so participating has control, or companies so participating together have control;
but regulations under paragraph 2 above may provide that no account shall be taken for the purposes of this paragraph of any person ceasing to be in continuous employment for such periods and in such circumstances as may be prescribed by the regulations.
(2) For the purposes of sub-paragraph (1) above, a company has control, or two or more companies together have control, of another company (“the other company”) if—
(a) that company, or each of those companies, is a member of the other company and that company controls, or those companies together control, the composition of the other company’s board of directors;
(b) that company holds, or those companies together hold, more than half in nominal value of the other company’s equity share capital;
(c) a company of which that company has control, or those companies together have control, has control of the other company; or
(d) two or more companies of which that company has control, or those companies together have control, together have control of the other company;
and subsections (2) to (4) of section 736 of the Companies Act 1985 (as originally enacted) shall, with any necessary modifications, apply for the purposes of this sub-paragraph as they apply for purposes of subsection (1) of that section.
Interpretation
5 (1) In this Schedule—
“Consultative Council” means a Consultative Council established under section 7A of the Electricity Act 1947 for the district of a Scottish Board;
“employer”, in relation to a person employed by a company which is a wholly-owned subsidiary of another company, includes that other company;
“existing employee of a Consultative Council” means any person who, immediately before the transfer date, is employed by a Consultative Council;
“existing employee of the Scottish Boards” means any person who, immediately before the transfer date, is employed by one or other of those Boards or falls to be treated as so employed by virtue of regulations made under section 54(4) of the Electricity Act 1947 (service as a member to count as service as an employee);
“former participant” means any person who, immediately before the transfer date, is not a participant in the North Scheme or the South Scheme but has pension rights under one or other (or both) of the schemes by virtue of his having been such a participant;
“pension”, in relation to any person, means a pension of any kind payable to or in respect of him, and includes a lump sum, allowance or gratuity so payable and a return of contributions, with or without interest or any other addition;
“pension rights”, in relation to any person, includes—
all forms of right to or eligibility for the present or future payment of a pension to or in respect of him; and
any expectation of the accruer of a pension to or in respect of him;
and includes a right of allocation in respect of the present or future payment of a pension;
“the relevant enactments” means Part 4 of the Finance Act 2004 (pension schemes etc) and Part III of the Pension Schemes Act 1993 (so far as relating to occupational pension schemes within the meaning of that Act);
“relevant scheme” has the meaning given by paragraph 2(1) above;
“wholly-owned subsidiary” has the same meaning as in the Companies Act 1985.
(2) For the purposes of this Schedule, a company is wholly owned by one or more other companies if it has no members except—
(a) that other or those others and its or their nominees; and
(b) wholly-owned subsidiaries of that other or those others and their nominees.
(3) Subject to sub-paragraph (1) above, expressions used in this Schedule which are also used in Part I or II of this Act have the same meanings as in that Part.
Section 112(1).
Enactments relating to statutory undertakers etc.
1 (1) The holder of a licence under section 6(1) of this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—
(i) section 16 of the Public Health Act 1925;
(ii) the Public Health Act 1936;
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iv) Schedule 3 to the Water Act 1945;
(v) section 4 of the Requisitioned Land and War Works Act 1948;
(vi) the Water Act 1948;
(vii) the National Parks and Access to the Countryside Act 1949;
(viii) the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;
(ix) the Landlord and Tenant Act 1954;
(x) the Opencast Coal Act 1958;
(xi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xii) section 17(10) of the Public Health Act 1961;
(xiii) the Pipe-lines Act 1962;
(xiv) Schedule 3 to the Harbours Act 1964;
(xv) Schedule 6 to the Gas Act 1965;
(xvi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xvii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xviii) section 50 of the Agriculture Act 1967;
(xix) section 38 of the Countryside (Scotland) Act 1967;
(xx) paragraph 6 of Schedule 2 to the Countryside Act 1968;
(xxi) section 22 of the Sewerage (Scotland) Act 1968;
(xxii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xxiii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xxiv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xxv) sections 51 . . . of the Land Compensation Act 1973;
(xxvi) sections 47 . . . of the Land Compensation (Scotland) Act 1973;
(xxvii) Part III of the Control of Pollution Act 1974;
(xxviii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xxix) the Welsh Development Agency Act 1975;
(xxx) sections 15(3) and 26 of the Local Government (Miscellaneous Provisions) Act 1976;
(xxxi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xxxii) section 9(3) of the Inner Urban Areas Act 1978;
(xxxiii) the Ancient Monuments and Archaeological Areas Act 1979;
(xxxiv) Part XVI of the Local Government, Planning and Land Act 1980;
(xxxv) section 53 of the Civil Aviation Act 1982;
(xxxvi) section 30 of the Local Government (Miscellaneous Provisions) Act 1982;
(xxxvii) section 120 of the Civic Government (Scotland) Act 1982;
(xxxviii) section 2(2)(c) of the Cycle Tracks Act 1984;
(xxxix) the Building Act 1984;
(xl) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xli) paragraph 11 of Schedule 8 to the Housing (Scotland) Act 1987.
(xlii) section 9 of the Enterprise and New Towns (Scotland) Act 1990.
(2) References in the Landlord and Tenant Act 1927 to a statutory company shall be construed as including references to the holder of a licence under section 6(1) of this Act.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The references in sections 73(11)(c) and 74(11)(b) of the Highways Act 1980 to electricity undertakers shall be construed as references to the holder of a licence under section 6(1)(a) of this Act.
(5) The holder of a licence under section 6(1) of this Act shall be deemed to be an excepted undertaker for the purposes of section 6 of the Water Act 1981.
(6) Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) (undertakers’ works) shall apply to a licence holder for the purposes of any works carried out by him.
(7) The reference in section 82(4) of the Building Act 1984 (provisions with respect to demolition orders) to a person authorised by an enactment to carry on an undertaking for the supply of electricity shall be construed as a reference to a licence holder.
(8) A licence holder shall be deemed to be a public undertaker and his undertaking a public undertaking for the purposes of section 125 of, and paragraphs 9 and 10 of Schedule 8 to, the Housing (Scotland) Act 1987.
2 (1) A licence holder who is entitled to exercise any power conferred by Schedule 3 or 4 to this Act shall be deemed to be a statutory undertaker for the purposes of section 66 of the Countryside (Scotland) Act 1967 and section 11 of the Countryside Act 1968.
(2) A licence holder who is entitled to exercise any power conferred by Schedule 3 to this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—
(a) the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
(b) the New Towns (Scotland) Act 1968;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) section 120 of the Local Government, Planning and Land Act 1980;
(f) the New Towns Act 1981;
(g) the Acquisition of Land Act 1981; and
(h) sections 47, 48, 49 and 51 of, and Schedule 9 to, the Civil Aviation Act 1982.
(3) The reference in section 48(6) of the Civil Aviation Act 1982 to an electricity undertaker shall be construed as a reference to a licence holder who is entitled to exercise any power conferred by Schedule 4 to this Act.
(4) A licence holder who is entitled to exercise any power conferred by paragraph 1 of Schedule 4 to this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—
(a) section 26 of the Public Health Act 1925;
(b) section 17(1)(b) of the Requisitioned Land and War Works Act 1945;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) the Highways Act 1980; and
(e) sections 296 and 611 of the Housing Act 1985.
(5) References in the following enactments, namely—
(a) section 6 of the Local Government (Miscellaneous Provisions) Act 1953;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) sections 176 and 185 of the Highways Act 1980; and
(d) paragraph 3 of Schedule 5 to the Road Traffic Regulation Act 1984;
to electricity undertakers shall be construed as references to licence holders entitled to exercise any power conferred by paragraph 1 of Schedule 4 to this Act.
(6) A licence holder entitled to exercise any power conferred by paragraph 1 of Schedule 4 to this Act shall be deemed to be a public utility undertaker for the purposes of the Highways Act 1980 . . ..
(7) A licence holder who is entitled to exercise any power conferred by paragraph 2 of Schedule 4 to this Act shall be deemed to be a statutory undertaker and his undertaking a statutory undertaking for the purposes of the following enactments, namely—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the Roads (Scotland) Act 1984.
(8) References in the Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 . . . to electricity undertakers shall be construed as references to licence holders entitled to exercise any power conferred by paragraph 2 of Schedule 4 to this Act.
(9) It is immaterial for the purposes of this paragraph whether any power conferred by, or by any provision of, Schedule 3 or 4 to this Act on the holder of a licence under section 6(1)(a) or (2) of this Act is qualified by restrictions, exceptions or conditions included in the licence.
3 (1) In the following enactments, namely—
(a) the Water Act 1948;
(b) section 39 of the Opencast Coal Act 1958 except in its application to Scotland;
(c) paragraph 2 of Schedule 6 to the Gas Act 1965;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) the Welsh Development Agency Act 1975;
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) the New Towns Act 1981,
“the appropriate Minister”, in relation to a a licence holder, shall mean the [Secretary of State for Trade and Industry].
(2) In the following enactments, namely—
(a) section 39 of the Opencast Coal Act 1958 in its application to Scotland;
(b) the Pipe-lines Act 1962;
(c) Schedule 3 to the Harbours Act 1964;
(d) the New Towns (Scotland) Act 1968;
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) section 121 of the Highways Act 1980;
(h) the Acquisition of Land Act 1981,
(i) section 9 of the Enterprise and New Towns (Scotland) Act 1990;
“the appropriate Minister”, in relation to a licence holder, shall mean the Secretary of State.
The Civil Defence Act 1939 (c.31)
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Water Act 1945 (c.42)
5 In Schedule 3 to the Water Act 1945 (incorporated provisions: water undertakings), in section 70, in paragraph (b) of the proviso, for the words “section fifteen of the Electric Lighting Act, 1882, or section seventeen of the Schedule to the Electric Lighting (Clauses) Act, 1899” there shall be substituted the words “paragraph 3 of Schedule 4 to the Electricity Act 1989”.
The Wireless Telegraphy Act 1949 (c.54)
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Public Utilities Street Works Act 1950 (c.39)
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Rights of Entry (Gas and Electricity Boards) Act 1954 (c.21)
8 (1) The Rights of Entry (Gas and Electricity Boards) Act 1954 shall be amended as follows.
(2) For subsection (2) of section 1 there shall be substituted the following subsection—
(2) This Act applies to all rights of entry conferred by—
(a) the Gas Act 1986, regulations made under it or any other enactment relating to gas,
(b) Schedule 6 to the Electricity Act 1989, and
(c) any local enactment relating to gas or electricity,
in so far as those rights are exercisable for the purposes of a public gas supplier or a public electricity supplier.
(3) In subsection (1) of section 2—
(a) for the words from “required” to “Board”, in the second place where it occurs, there shall be substituted the words “required by a public gas supplier, a public electricity supplier or by an employee of such a supplier”;
(b) for the words “the supplier or Board or his or their employee”, in both places where they occur, there shall be substituted the words “the supplier or his employee”.
(4) For subsection (3) of that section there shall be substituted the following subsection—
(3) Where paragraph (a) of subsection (2) above applies—
(a) section 46 of the Gas Act 1986 (if entry is required for the purposes of a public gas supplier); or
(b) section 109 of the Electricity Act 1989 (if entry is required for the purposes of a public electricity supplier),
shall apply to the service of the notice required by that paragraph.
(5) In section 3(1)—
(a) the definition of “Electricity Board” shall cease to have effect;
(b) for the definition of “employee” there shall be substituted the following definition—
“employee”, in relation to a gas or electricity supplier, means an officer, servant or agent of the supplier
(c) after the definition of “premises” there shall be inserted the following definition—
“public electricity supplier” has the same meaning as in Part I of the Electricity Act 1989;
.
The Land Powers (Defence) Act 1958 (c.30)
9 In section 14(2)(b) of the Land Powers (Defence) Act 1958 for the words “Electric Lighting Act, 1882” there shall be substituted the words “Electricity Act 1989”.
The Water Resources Act 1963 (c.38)
10 In section 19(4)(f) of, and in paragraph 4(h) of Schedule 7 to, the Water Resources Act 1963, for the words “Central Electricity Generating Board” there shall be substituted the words “a person authorised by a licence under Part I of the Electricity Act 1989 to generate electricity”.
The Nuclear Installations Act 1965 (c.57)
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Building Control Act 1966 (c.27)
12 In section 5(1) of the Building Control Act 1966, after paragraph (f) there shall be inserted the following paragraph—
(ff) a public electricity supplier within the meaning of Part I of the Electricity Act 1989
.
The Forestry Act 1967 (c.10)
13 (1) Section 9 of the Forestry Act 1967 (licences for tree felling) shall be amended as follows.
(2) In subsection (4)(c), for the words from “an Electricity Board” to the end there shall be substituted “an electricity operator, because the tree is or will be in such close proximity to an electric line or electrical plant which is kept installed or is being or is to be installed by the operator as to have the effect mentioned in paragraph 9(1)(a) or (b) of Schedule 4 to the Electricity Act 1989;”
(3) In subsection (6) for the definitions of “Electricity Board” and “electric line” there shall be substituted—
“electricity operator” means a licence holder within the meaning of Part I of the Electricity Act 1989 by whom the powers conferred by paragraph 9 (tree lopping) of Schedule 4 to that Act are exercisable;
“electric line” and “electrical plant” have the same meanings as in Part I of the Electricity Act 1989;
.
The Transport Act 1968 (c. 73)
14 In section 109(2) of the Transport Act 1968, for paragraphs (e), (f) and (g), there shall be substituted—
(e) a public electricity supplier within the meaning of Part I of the Electricity Act 1989;
.
The Post Office Act 1969 (c.48)
15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Fair Trading Act 1973 (c.41)
16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Consumer Credit Act 1974 (c. 39)
17 (1) The Consumer Credit Act 1974 shall be amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In section 189, for the words “the Electric Lighting Act 1882” there shall be substituted the words “the Electricity Act 1989”.
The Control of Pollution Act 1974 (c. 40)
18 (1) Section 21 of the Control of Pollution Act 1974 (power of disposal authority to produce and dispose of energy from waste) shall be amended as follows.
(2) In subsection (1), for the words “subsections (2) and (3)” there shall be substituted the words “subsection (2)” and after the words “use, sell or otherwise dispose of any heat” there shall be inserted the words “or electricity”.
(3) For subsections (2) and (3) there shall be substituted the following subsection—
(2) Nothing in subsection (1) of this section shall be construed as exempting a disposal authority from the requirements of Part I of the Electricity Act 1989.
(4) In subsection (6), the words “(except the restrictions imposed by subsections (2) and (3))” shall cease to have effect.
The Restrictive Trade Practices Act 1976 (c. 34)
19 In section 41(1)(a) of the Restrictive Trade Practices Act 1976 (disclosure of information), after the words “the Director General of Water Supply” there shall be inserted the words “the Director General of Electricity Supply” and after the words “or the Water Act 1989” there shall be inserted the words “or the Electricity Act 1989”.
The Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
20 (1) Section 11 of the Local Government (Miscellaneous Provisions) Act 1976 (production and supply of energy by local authorities) shall be amended as follows.
(2) In subsection (1)(d), after the words “heat produced or acquired” there shall be inserted the words “or electricity produced”.
(3) For subsections (2) and (3) there shall be substituted the following subsections—
(2) Nothing in subsection (1) of this section shall be construed as exempting a local authority from the requirements of Part I of the Electricity Act 1989.
(3) Except in such cases as may be prescribed, a local authority shall not be entitled to sell electricity which is produced otherwise than in association with heat.
(4) In subsection (7)—
(a) the definition of “Electricity Board” shall cease to have effect;
(b) at the end of the definition of “prescribed” there shall be added the words “which, in the case of regulations under subsection (3) of this section, shall be subject to annulment in pursuance of a resolution of either House of Parliament”; and
(c) after the words “local authority” there shall be inserted the words “(in its capacity as such)”.
The Land Drainage Act 1976 (c. 70)
21 In section 112(2)(a) of the Land Drainage Act 1976 (protection of nationalised undertakings etc.) for the words “any Electricity Board” there shall be substituted the words “any public electricity supplier (within the meaning of Part I of the Electricity Act 1989) or any person authorised by a licence under that Part to generate or transmit electricity”.
The Energy Act 1976 (c. 76)
22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Land Registration (Scotland) Act 1979 (c. 33)
23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Estate Agents Act 1979 (c. 38)
24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Competition Act 1980 (c. 21)
25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Water (Scotland) Act 1980 (c. 45)
26 (1) The Water (Scotland) Act 1980 shall be amended as follows.
(2) In Schedule 1 (procedure in relation to orders and byelaws)—
(a) in paragraph 2(ii), after the words “public undertakers” there shall be inserted the words “or licence holder within the meaning of Part I of the Electricity Act 1989”, and after the words “authorised by” there shall be inserted the words “or by virtue of”;
(b) in paragraph 6, after the words “undertakers” there shall be inserted the words “or licence holder”;
(c) in paragraph 11(ii), after the words “public undertakers” there shall be inserted the words “or licence holder within the meaning of Part I of the Electricity Act 1989”, and after the words “authorised by” there shall be inserted the words “or by virtue of”; and
(d) in paragraph 15, after the word “undertakers” there shall be inserted the words “or licence holder”.
(3) In Schedule 4 (provisions to be incorporated in orders relating to statutory undertakers)—
(a) in section 5(4), for the words from “the expressions” to the end there shall be substituted the words—
“electric line” has the same meaning as in Part I of the Electricity Act 1989;
“electricity undertakers” means public electricity suppliers within the meaning of Part I of the Electricity Act 1989 and persons authorised by a licence under that Part to generate or transmit electricity.
; and
(b) in paragraph (b) of the proviso to section 36, for the words “electricity undertakers” there shall be substituted the words “public electricity supplier (within the meaning of Part I of the Electricity Act 1989) or any person authorised by a licence under that Part to generate or transmit electricity.”
The Highways Act 1980 (c. 66)
27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Acquisition of Land Act 1981 (c. 67)
28 In section 28 of the Acquisition of Land Act 1981 (acquisition of rights over land by the creation of new rights), after paragraph (g) there shall be inserted the following paragraph—
(h) paragraph 1 of Schedule 3 to the Electricity Act 1989.
The Telecommunications Act 1984 (c. 12)
29 (1) The Telecommunications Act 1984 shall be amended as follows.
(2) In section 98 (use of certain conduits for telecommunications purposes)—
(a) for the words “the Electric Lighting Act 1882” there shall be substituted the words “the Electricity Act 1989”; and
(b) in the definition of “electricity authority”, for the words from “an” to “1983” there shall be substituted the words “a person authorised by a licence under Part I of the Electricity Act 1989 to transmit or supply electricity”.
(3) In section 101 (general restrictions on disclosure of information)—
(a) in subsection (2)(b), after the words “Director General of Water Services” there shall be inserted the words “the Director General of Electricity Supply”; and
(b) in subsection (3), after paragraph (j) there shall be inserted the following paragraph—
(k) the Electricity Act 1989.
The Roads (Scotland) Act 1984 (c. 54)
30 In section 61(4) of the Roads (Scotland) Act 1984 (permission to place and maintain apparatus under a road), for the words from the beginning to “permission” in the second place where it occurs there shall be substituted the words “Works carried out by a person in pursuance of permission under subsection (1) above are not”.
The Building Act 1984 (c. 55)
31 In section 80(3) of the Building Act 1984 (notice to local authority of intended demolition) for paragraph (c) there shall be substituted the following paragraph—
(c) the public electricity supplier (as defined in Part I of the Electricity Act 1989) in whose authorised area (as so defined) the building is situated and any other person authorised by a licence under that Part to supply electricity to the building;
.
The Bankruptcy (Scotland) Act 1985 (c. 66)
32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Airports Act 1986 (c. 31)
33 In section 74 of the Airports Act 1986 (restrictions on disclosure of information)—
(a) in subsection (2)(a), after the words “Director General of Water Services” there shall be inserted the words “ the Director General of Electricity Supply”; and
(b) in subsection (3), after paragraph (k) there shall be inserted the following paragraph—
(l) the Electricity Act 1989.
The Gas Act 1986 (c. 44)
34 In section 42 of the Gas Act 1986 (general restrictions on disclosure of information)—
(a) in subsection (2)(b), after the words “Director General of Water Services” there shall be inserted the words “the Director General of Electricity Supply”; and
(b) in subsection (3), after paragraph (l) there shall be inserted the following paragraph—
(m) the Electricity Act 1989.
The Insolvency Act 1986 (c. 45)
35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Consumer Protection Act 1987 (c. 43)
36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Water Act 1989 (c. 15)
37 In section 160 of the Water Act 1989 (protection of certain undertakings), in subsection (3), for paragraph (f) there shall be substituted the following paragraph—
(f) the undertaking of any person authorised by a licence under Part I of the Electricity Act 1989 to generate, transmit or supply electricity;
.
Interpretation
38 In this Schedule expressions which are used in Part I of this Act have the same meanings as in that Part.
Section 112(4).
Part I Provisions and Savings for Part I of Act
1 (1) In so far as any requisition made under section 27 of the Schedule to the Electric Lighting (Clauses) Act 1899 which is effective on the day appointed for the coming into force of section 16 of this Act requires a supply of electricity to continue to be given, it shall have effect as if made under subsection (1) of the said section 16; and the provisions of Part I of this Act shall apply accordingly.
(2) In so far as any requisition made under section 27 of the Schedule to the Electric Lighting (Clauses) Act 1899 which is effective on the day appointed for the coming into force of that section’s repeal by this Act requires a supply of electricity to be given, the repeal shall not affect the operation of that section in relation to that requisition.
(3) The repeal by this Act of sections 24 to 26 of the Schedule to the Electric Lighting (Clauses) Act 1899 shall not affect the operation of those sections in relation to any requisition made under the said section 24 which is effective on the day appointed for the coming into force of the repeal.
2 Any tariff fixed under section 37(3) of the Electricity Act 1947 or section 22(1) of the Electricity (Scotland) Act 1979 which is effective on the day appointed for the coming into force of section 18 of this Act shall have effect as if fixed under subsection (1) of the said section 18; and the provisions of Part I of this Act shall apply accordingly.
3 Any regulations made under section 16 of the Energy Act 1983 which are effective on the day appointed for the coming into force of section 29 of this Act shall have effect as if—
(a) they were made under the said section 29; and
(b) references to an Electricity Board were references to a person authorised by a licence to supply or transmit electricity;
and the provisions of Part I of this Act shall apply accordingly.
4 (1) Where any application made under section 2 of the Electric Lighting Act 1909 or section 35 of the Electricity (Scotland) Act 1979 is effective on the day appointed for the coming into force of section 36 of this Act—
(a) the application shall have effect as if made under the said section 36 modified for that purpose by the omission of subsections (2) and (3);
(b) anything done before that day in relation to the application (whether under the said section 2 or 35 or under section 33 or 34 of the Electricity Act 1957) shall have effect as if done under the corresponding provisions of Schedule 8 to this Act; and
(c) the provisions of Part I of this Act shall apply accordingly.
(2) The repeal by this Act of section 2 of the Electric Lighting Act 1909 or section 35 of the Electricity (Scotland) Act 1979 shall not affect the validity of any consent granted under that section before the day appointed for the coming into force of the repeal.
(3) Section 36 of this Act shall not apply in relation to—
(a) the construction of a generating station, or its operation as constructed; or
(b) the extension of a generating station, or its operation as extended,
if its construction or, as the case may be, extension is authorised by a consent given or having effect as if given under section 2 of the Electric Lighting Act 1909 or section 35 of the Electricity (Scotland) Act 1979, or by a planning permission granted on an application made before the day appointed for the coming into force of the said section 36.
5 (1) Where any application made under section 10(b) of the Schedule to the Electric Lighting (Clauses) Act 1899 is effective on the day appointed for the coming into force of section 37 of this Act—
(a) the application shall have effect as if made under the said section 37 modified for that purpose by the omission of subsection (2);
(b) anything done before that day in relation to the application (whether under the said section 10(b) or under section 32 or 34 of the Electricity Act 1957) shall have effect as if done under the corresponding provisions of Schedule 8 to this Act; and
(c) the provisions of Part I of this Act shall apply accordingly.
(2) The repeal by this Act of section 10(b) of the Schedule to the Electric Lighting (Clauses) Act 1899 shall not affect the validity of any consent granted under that section before the day appointed for the coming into force of the repeal.
(3) Where such a consent as is mentioned in sub-paragraph (2) above includes a direction that planning permission for the installation of the electric line shall be deemed to be granted, or otherwise has effect as a grant of planning permission for that installation, that permission shall be deemed to extend to the installation of any of the following, namely—
(a) any support for that line, that is to say, any structure, pole or other thing in, on, by or from which that line is be supported, carried or suspended;
(b) any apparatus connected to that line for the purpose of carrying electricity; and
(c) any wire, cable, tube, pipe or other similar thing (including its casing or coating) which surrounds or supports, or is surrounded or supported by, or is installed in close proximity to, or is supported, carried or suspended in association with, that line.
(4) Section 37 of this Act shall not apply in relation to an electric line if its installation is authorised by a consent given under section 10(b) of the Schedule to the Electric Lighting (Clauses) Act 1899 or by a planning permission granted on an application made before the day appointed for the coming into force of the said section 37.
(5) Section 37 of this Act shall not apply to any electric line which—
(a) is a service line within the meaning of section 1 of the Schedule to the Electric Lighting (Clauses) Act 1899; and
(b) is or was installed before the day appointed for the coming into force of the said section 37.
6 Any maximum charge fixed by an Electricity Board under section 29 of the Electricity Act 1957 or section 23 of the Electricity (Scotland) Act 1979 for the resale of electricity supplied by it which is effective on the day appointed for the coming into force of section 44 of this Act shall have effect as a maximum price fixed by the Director under the said section 44 for the resale of electricity so supplied.
7 Where any representation, reference or report made under, or in such circumstances as are mentioned in, any of the following enactments, namely—
(a) section 7 of the Electricity Act 1947;
(b) Schedule 7 to the Electricity (Scotland) Act 1979; and
(c) section 21 of the Energy Act 1983,
is effective on the day appointed for the coming into force of the repeal by this Act of that enactment, the representation, reference or report shall have effect as if it were a representation made to the Director; and the provisions of Part I of this Act shall apply accordingly.
8 (1) Any land which has been compulsorily acquired under section 9 of the Electricity Act 1947 or section 12 of the Electricity (Scotland) Act 1979 before the day appointed for the coming into force of Part I of Schedule 3 to this Act shall be treated for the purposes of that Part as compulsorily acquired by virtue of that Part.
(2) Any compulsory purchase order made under section 9 of the Electricity Act 1947 or section 12 of the Electricity (Scotland) Act 1979 before the day appointed for the coming into force of Part I of Schedule 3 to this Act shall have effect as if made under that Part; and the provisions of that Schedule shall apply accordingly.
9 Any consent given under subsection (1) of section 22 of the Electricity (Supply) Act 1919 which is effective on the day appointed for the coming into force of Schedule 4 to this Act shall have effect as if granted under paragraph 6(3) of that Schedule; anything done before that day with a view to, or otherwise in connection with, the giving of a consent under that subsection (whether under that section or under section 11 of the Electricity (Supply) Act 1922) shall have effect as if done under the corresponding provisions of that Schedule; and the provisions of Part I of this Act shall apply accordingly.
10 Any order made under subsection (3) of section 34 of the Electricity (Supply) Act 1926 which is effective on the day appointed for the coming into force of Schedule 4 to this Act shall have effect as if made under paragraph 9(6) of that Schedule; anything done under that section before that day with a view to, or otherwise in connection with, the making of an order under that subsection shall have effect as if done under the corresponding provisions of that Schedule; and the provisions of Part I of this Act shall apply accordingly.
11 (1) Any meter of a pattern which is approved for the purposes of section 12 of the Energy Act 1983 immediately before the day appointed for the coming into force of Schedule 7 to this Act shall be treated as being of an approved pattern for the purposes of that Schedule.
(2) Any meter which is certified under section 50 of the Schedule to the Electric Lighting (Clauses) Act 1899 immediately before the day appointed for the coming into force of Schedule 7 to this Act shall be treated as certified under paragraph 5 of the said Schedule 7.
(3) Any regulations made under section 30(1) of the Electricity Act 1957 which are effective on the day appointed for the coming into force of Schedule 7 to this Act shall have effect as if made under paragraph 5 of that Schedule.
(4) Paragraphs (a) and (b) of paragraph 2(1) of Schedule 7 to this Act shall not apply in relation to a meter installed before (and not moved since) the day appointed for the coming into force of that Schedule until, in the case of paragraph (b)—
(a) electricity is supplied through the meter in pursuance of a notice given under section 16(2) of this Act more than twelve months after that day; or
(b) the period of ten years beginning with that day expires,
whichever first occurs.
(5) Sub-paragraph (2) of paragraph 12 of Schedule 7 to this Act shall not prevent a pre-payment meter from being used as mentioned in that sub-paragraph in pursuance of an agreement made before the day appointed for the coming into force of that Schedule.
12 Any regulations made under section 34(2) of the Electricity Act 1957 which are effective on the day appointed for the coming into force of Schedule 8 to this Act shall have effect as if they were made under paragraph 3(1) of that Schedule; and the provisions of that Schedule shall apply accordingly.
13 Where—
(a) any sum was deposited with an Electricity Board by way of security under any provision of the Electricity Acts; and
(b) on and after the day appointed for the coming into force of any provision of Part I of this Act that sum is treated by the Board as deposited under that provision of that Part,
any period beginning three months or less before that day, being a period during which the sum was deposited with the Board, shall be treated for the purposes of the payment of interest on that sum as a period during which the sum was deposited under that provision of that Part.
14 (1) Where immediately before the day appointed for the coming into force of any provision of Part I of this Act there is in force an agreement which—
(a) confers or imposes on an Electricity Board any rights or liabilities; and
(b) refers (in whatever terms and whether expressly or by implication) to any provision of the Electricity Acts, to an Electricity Board’s statutory electricity undertaking or to statutory purposes,
the agreement shall have effect, in relation to anything falling to be done on or after that day, as if that reference included or, as the case may require, were a reference to the corresponding provision of this Act, to the Board’s undertaking as a person authorised by a licence to generate, transmit or supply electricity or to purposes connected with the generation, transmission or supply of electricity.
(2) References in this paragraph to an agreement include references to a deed, bond or other instrument.
15 The repeal by this Act of any provision by virtue of which any enactment applies in relation to a person carrying on an electricity undertaking shall not affect the continuing validity of anything done under that enactment before the day appointed for the coming into force of that repeal.
16 In this Part of this Schedule “the Electricity Acts” means—
(a) the Electricity Acts 1947 to 1961 and the Electricity (Scotland) Act 1979; and
(b) such of the provisions of the Energy Act 1976 and the Energy Act 1983 as are repealed by this Act;
and expressions which are used in Part I of this Act have the same meanings as in that Part.
Part II Provisions and Savings for Part II of Act
17 Any licence granted under section 6 of this Act to an Electricity Board which is effective on the transfer date shall have effect as if granted to the appropriate successor company.
18 Any tariff fixed, or having effect as if fixed, under section 18(1) of this Act by an Electricity Board which is effective on the transfer date shall have effect as if fixed by its successor company.
19 Any consent given under section 36 of this Act to an Electricity Board which is effective on the transfer date shall have effect as if given to the appropriate successor company.
20 Any consent given under section 37 of this Act to an Electricity Board which is effective on the transfer date shall have effect as if given to the appropriate successor company.
21 Any maximum price fixed, or having effect as if fixed, under section 44 of this Act for the resale of electricity supplied by an Electricity Board which is effective on the transfer date shall have effect as if fixed for the resale of electricity by the appropriate successor company.
22 A direction given under section 96 of this Act to an Electricity Board which is effective on the transfer date shall have effect as if given to the appropriate successor company.
23 (1) Any land compulsorily acquired by an Electricity Board before the transfer date which was so acquired by virtue of Part I of Schedule 3 to this Act, or is treated as so acquired for the purposes of that Part, shall be treated for those purposes as so acquired by the appropriate successor company; but nothing in paragraph 4 of that Schedule (as applied by this sub-paragraph) shall be taken as requiring the consent of the Director to any disposal which is affected in pursuance of a provision included in a transfer scheme by virtue of section 68(2)(c) of this Act or in pursuance of Schedule 10 to this Act.
(2) Any compulsory purchase order made by an Electricity Board which is made, or has effect as if made, by virtue of Part I of Schedule 3 to this Act and is effective on the transfer date shall have effect as if made by the appropriate successor company.
24 (1) Where immediately before the transfer date there is in force an agreement which—
(a) confers or imposes on an Electricity Board or the Electricity Council any rights or liabilities which vest in the appropriate successor company by virtue of this Act; and
(b) refers (in whatever terms and whether expressly or by implication) to a member or officer of that Board or Council,
the agreement shall have effect, in relation to anything falling to be done on or after that date, as if for that reference there were substituted a reference to such person as that company may appoint or, in default of appointment, to the officer of that company who corresponds as nearly as may be to the member or officer of the Board or Council in question.
(2) References in this paragraph to an agreement include references to a deed, bond or other instrument.
25 (1) Any agreement made, transaction effected or other thing done by, to or in relation to an Electricity Board or the Electricity Council which is in force or effective immediately before the transfer date shall have effect as if made, effected or done by, to or in relation to the appropriate successor company, in all respects as if that company were the same person in law as the Board or Council; and accordingly references to an Electricity Board or the Electricity Council—
(a) in any agreement (whether or not in writing) and in any deed, bond or instrument;
(b) in any process or other document issued, prepared or employed for the purposes of any proceeding before any court or other tribunal or authority; and
(c) in any other document whatsoever (other than an enactment) relating to or affecting any property, right or liability of that Board or Council which is transferred by this Act,
shall be taken as referring to the appropriate successor company.
(2) Nothing in sub-paragraph (1) above shall be taken as applying in relation to any agreement made, transaction effected or other thing done with respect to, or any document relating to or affecting, any rights and liabilities which are excepted rights and liabilities within the meaning of section 66 or 67 of this Act.
26 It is hereby declared for the avoidance of doubt that—
(a) the effect of Part II of this Act in relation to any contract of employment with an Electricity Board or the Electricity Council which is in force immediately before the transfer date is merely to modify the contract by substituting the appropriate successor company as the employer (and not to terminate the contract or vary it in any other way); and
(b) that Part is effective to vest the rights and liabilities of an Electricity Board or the Electricity Council under any agreement or arrangement for the payment of pensions, allowances or gratuities in the appropriate successor company along with all other rights and liabilities of the Board or Council;
and accordingly any period of employment with an Electricity Board or the Electricity Council, or a wholly owned subsidiary of such a Board or that Council, shall count for all purposes as a period of employment with the appropriate successor company or (as the case may be) a wholly owned subsidiary of the appropriate successor company.
27 The Transfer of Undertakings (Protection of Employment) Regulations 1981 shall apply to any transfer effected by Part II of this Act, being a transfer of—
(a) all property, rights and liabilities comprised in the Electricity Council’s undertaking (other than excepted rights and liabilities within the meaning of section 66 of this Act); or
(b) all property, rights and liabilities comprised in a specified part of that undertaking,
whether or not, apart from this paragraph, that undertaking would be treated as an undertaking in the nature of a commercial venture for the purposes of those Regulations.
28 Any agreement made under section 53 of the Electricity Act 1947 or section 12 of the Electricity Act 1957 (machinery for settling terms and conditions of employment) which is effective on the transfer date shall have effect as if—
(a) the parties to the agreement on the employers’ side were the successor companies and not the Electricity Council and the Scottish Boards; and
(b) each of the parties to the agreement were entitled to withdraw from it on giving the other parties 12 months’ notice in writing.
29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32 Notwithstanding the repeal by this Act of sections 10 and 11 of and Schedule 5 to the Electricity (Scotland) Act 1979—
(a) any constructional scheme prepared by a Scottish Board and confirmed by an order of the Secretary of State made under, or having effect as if made under, Schedule 5 to that Act;
(b) the powers conferred by section 11 of that Act for the purpose of carrying out any such scheme; and
(c) any authorisation of a Scottish Board under section 10(3) of that Act to execute works of a minor character without the preparation of a constructional scheme,
shall have effect after the transfer date in relation to the appropriate successor company as they had effect before that date in relation to the Scottish Board.
33 Where by virtue of anything done before the transfer date, any enactment amended by Schedule 16 to this Act has effect in relation to an Electricity Board or the Electricity Council, that enactment shall have effect in relation to the appropriate successor company as if that company were the same person, in law, as the Board or Council.
34 Without prejudice to the powers conferred by section 112(2) of this Act, every provision contained in a local Act, or in subordinate legislation, which is in force immediately before the transfer date and then applicable to an Electricity Board or the Electricity Council shall have effect as if—
(a) for references therein to the Board or Council there were substituted references to the appropriate successor company; and
(b) for any reference (however worded and whether expressly or by implication) to the undertaking or business, or any part of the undertaking or business, of the Board or Council there were substituted a reference to the undertaking or business, or the corresponding part of the undertaking or business, of the appropriate successor company.
35 (1) Nothing in this Act shall affect the validity of anything done by, or in relation to, an Electricity Board before the transfer date under or by virtue of the Public Utilities Street Works Act 1950; and anything which, immediately before that date, is in process of being done under, or by virtue of, that Act by or in relation to the Board (including, in particular, any legal proceedings to which it is a party) may be continued by, or in relation to, the appropriate successor company.
(2) Any notice or direction given or other thing whatsoever done under the said Act of 1950 by an Electricity Board shall, if effective at the transfer date, continue in force and have effect as if similarly given or done by the appropriate successor company.
36 (1) Where immediately before the transfer date an Electricity Board falls, by virtue of section 34(3) of the General Rate Act 1967, to be treated for the purposes of that Act as occupying in a rating area a hereditament of a rateable value calculated in accordance with the provisions of Part I of Schedule 7 to that Act, that Board shall, notwithstanding the transfers of property, rights and liabilities effected by Part II of this Act, continue to be so treated until 1st April 1990.
(2) Section 16(1) of the Valuation and Rating (Scotland) Act 1956 (liability for rates) shall, in relation to such lands and heritages as the Secretary of State may after consultation with the Scottish Boards by regulations prescribe, have effect until 1st April 1990 as if any reference to a rate being payable by occupiers only were a reference to the rate being payable by the Scottish Board from which the lands and heritages were transferred by Part II of this Act.
(3) Any sums which by virtue of this paragraph fall to be paid by an Electricity Board after the transfer date shall be met by the appropriate successor company.
37 (1) An application or claim by an Electricity Board for hazardous substances consent which is effective on the transfer date—
(a) shall have effect as if made by the appropriate successor company; and
(b) in the case of an application or claim made to the Secretary of State, shall be determined by him notwithstanding that the land to which it relates is no longer land to which section 2 of the Planning (Hazardous Substances) Act 1990 or, as the case may be, section 56B of the Town and Country Planning (Scotland) Act 1972 applies.
(2) A hazardous substances consent granted or deemed to be granted to an Electricity Board which is effective on the transfer date shall have effect as if it had been granted to the appropriate successor company.
38 (1) Where an asset, or the right to receive an asset, vests in a successor company by virtue of this Act, then for the purposes of Part I of the Industry Act 1972 and Part II of the Industrial Development Act 1982—
(a) so much of any expenditure incurred by the appropriate Board or Council in providing that asset as is approved capital expenditure (of any description relevant for the purposes of regional development grant) in respect of which no payment of regional development grant has been made to the Board or Council shall be treated as having been incurred by the successor company and not by the Board or Council; and
(b) where the asset itself vests in the successor company by virtue of this Act, it shall be treated as a new asset if it would have fallen to be so treated if it had remained vested in the Board or Council.
(2) In this paragraph “regional development grant” means a grant under Part I of the Industry Act 1972 or Part II of the Industrial Development Act 1982 and “approved capital expenditure” has the same meaning as it has for the purposes of the provisions relating to regional development grant.
39 (1) Where a distribution is proposed to be declared during the accounting reference period of a successor company which includes the transfer date or before any accounts are laid or filed in respect of that period, sections 270 to 276 of the Companies Act 1985 (accounts relevant for determining whether a distribution may be made by a company) shall have effect as if—
(a) references in section 270 to the company’s accounts or to accounts relevant under that section; and
(b) references in section 273 to initial accounts,
included references to such accounts as, on the assumptions stated in sub-paragraph (2) below, would have been prepared under section 227 of that Act in respect of the relevant year.
(2) The said assumptions are—
(a) that the relevant year had been a financial year of the successor company;
(b) that the vesting effected by Part II of this Act had been a vesting of all the property, rights and liabilities (other than excepted rights and liabilities within the meaning of section 66 or 67 of this Act) to which the Board or Council concerned was entitled or subject immediately before the beginning of the relevant year and had been effected immediately after the beginning of that year;
(c) that the value of any asset and the amount of any liabilities of the Board or Council concerned vested in the successor company by virtue of that section had been the value or (as the case may be) the amount assigned to that asset or liability for the purposes of the statement of accounts prepared by that Board or Council in respect of the financial year immediately preceding the relevant year;
(d) that any securities of the successor company issued or allotted before the declaration of the distribution had been issued or allotted before the end of the relevant year; and
(e) such other assumptions (if any) as may appear to the directors of the successor company to be necessary or expedient for the purposes of this paragraph.
(3) For the purposes of the said accounts the amount to be included in respect of any item shall be determined as if anything done by the Board or Council concerned (whether by way of acquiring, revaluing or disposing of any asset or incurring, revaluing or discharging any liability, or by carrying any amount to any provision or reserve, or otherwise) had been done by the successor company.
Accordingly (but without prejudice to the generality of the preceding provision) the amount to be included in any reserves of the successor company as representing its accumulated realised profits shall be determined as if any profits realised and retained by the Board or Council concerned had been realised and retained by the successor company.
(4) The said accounts shall not be regarded as statutory accounts for the purposes of section 76 of this Act.
(5) In this paragraph—
“complete financial year” means a financial year ending with 31st March;
“the relevant year” means the last complete financial year ending before the transfer date.
40 In this Part of this Schedule expressions which are used in Part II of this Act have the same meanings as in that Part.
Section 112(4).
45 & 46 Vict. c. 56. | The Electric Lighting Act 1882. | The whole Act.
51 & 52 Vict. c. 12. | The Electric Lighting Act 1888. | The whole Act.
62 & 63 Vict. c. 19. | The Electric Lighting (Clauses) Act 1899. | The whole Act.
9 Edw. 7 c. 34. | The Electric Lighting Act 1909. | The whole Act.
9 & 10 Geo. 5 c. 100. | The Electricity (Supply) Act 1919. | The whole Act.
12 & 13 Geo. 5 c. 46. | The Electricity (Supply) Act 1922. | The whole Act.
15 & 16 Geo. 5 c. 71. | The Public Health Act 1925. | In section 7(3), the word “electricity,”.
16 & 17 Geo. 5 c. 51. | The Electricity (Supply) Act 1926. | The whole Act.
17 & 18 Geo. 5 c. 36. | The Landlord and Tenant Act 1927. | In section 25, in the definition of “statutory company”, the word “electricity”.
23 & 24 Geo. 5 c. 14. | The London Passenger Transport Act 1933. | Section 23(9)(b).
25 Geo. 5 and 1 Edw. 8 c. 20. | The Electricity Supply (Meters) Act 1936. | The whole Act.
25 Geo. 5 and 1 Edw. 8 c. 49. | The Public Health Act 1936. | In section 343, in the definition of “statutory undertakers”, the word “electricity”.
2 & 3 Geo. 6 c. 31. | The Civil Defence Act 1939. | In section 90(1), in the definition of “public utility undertakers”, the word “electricity”.
6 & 7 Geo. 6 c. 32. | The Hydro-Electric Development (Scotland) Act 1943. | The whole Act.
8 & 9 Geo. 6 c. 19. | The Ministry of Fuel and Power Act 1945. | Section 7(3).
8 & 9 Geo. 6 c. 42. | The Water Act 1945. | In section 1(1) of Schedule 3, in the definition of “statutory undertakers”, the word “electricity”.
9 & 10 Geo. 6 c. 49. | The Acquisition of Land (Authorisation Procedure) Act 1946. | In section 8(1), in the definition of “statutory undertakers”, the word “electricity”.
In Schedule 4, the entry relating to the Electricity (Supply) Act 1919.
10 & 11 Geo. 6 c. 35. | The Finance Act 1947. | In section 57(2), the words from “all stock” to “and to” and the word “other”.
10 & 11 Geo. 6 c. 42. | The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947. | Section 1(5).
In section 7(1), in the definition of “statutory undertakers”, the word “electricity”.
10 & 11 Geo. 6 c. 54. | The Electricity Act 1947. | The whole Act.
11 & 12 Geo. 6 c. 22. | The Water Act 1948. | In section 15(1), in the definition of “appropriate Minister”, the word “electricity” and, in the definition of “statutory undertakers”, the word “electricity”.
14 Geo. 6 c. 39. | The Public Utilities Street Works Act 1950. | In section 20(3), the words from “Section thirteen” to “subsists, and”.
In Schedule 5, the entries relating to the Gasworks Clauses Act 1847 as incorporated with the Electric Lighting Act 1882 by section 12 of that Act, the Electric Lighting Act 1882 and the Schedule to the Electric Lighting (Clauses) Act 1899.
2 & 3 Eliz. 2 c.19. | The Civil Defence (Electricity Undertakings) Act 1954. | The whole Act.
2 & 3 Eliz. 2 c. 21. | The Rights of Entry (Gas and Electricity Boards) Act 1954. | In section 3(1), the definition of “Electricity Board”.
2 & 3 Eliz. 2 c. 60. | The Electricity Reorganisation (Scotland) Act 1954. | The whole Act.
4 & 5 Eliz. 2 c. 52. | The Clean Air Act 1956. | Section 10(4).
5 & 6 Eliz. 2 c. 48. | The Electricity Act 1957. | The whole Act.
6 & 7 Eliz. 2 c. 69. | The Opencast Coal Act 1958. | In section 51(1), in the definition of “appropriate Minister”, the words “electricity or”.
In section 52(2), in the definition of “appropriate Minister”, the words “electricity or”.
9 & 10 Eliz. 2 c. 8. | The Electricity (Amendment) Act 1961. | The whole Act.
10 & 11 Eliz. 2 c. 58. | The Pipe-lines Act 1962. | In section 58(1), paragraphs (c) to (e).
10 & 11 Eliz. 2 c. 58.—cont. | The Pipe-lines Act 1962.—cont. | In section 66(1), in the definition of “statutory undertakers”, the word “electricity”.
1963 c. 41. | The Offices, Shops and Railway Premises Act 1963. | Section 90(2).
1963 c. 59. | The Electricity and Gas Act 1963. | The whole Act.
1964 c. 40. | The Harbours Act 1964. | In paragraph 6(2)(c) of Schedule 3, the word “electricity”.
1965 c. 6. | The Nuclear Installations (Amendment) Act 1965. | Section 17(2).
1965 c. 36. | The Gas Act 1965. | In section 28(1), in the definition of “statutory undertakers”, the word “electricity”.
1966 c. 27. | The Building Control Act 1966. | In the Schedule, the entries relating to the North of Scotland Hydro-Electric Board and the South of Scotland Electricity Board.
1966 c. 34. | The Industrial Development Act 1966. | In Schedule 2, the entries relating to an Area Electricity Board, the North of Scotland Hydro-Electric Board, the South of Scotland Electricity Board, the Central Electricity Generating Board and the Electricity Council.
1967 c. 10. | The Forestry Act 1967. | In section 40(2)(d), the word “electricity”.
1967 c. 86. | The Countryside (Scotland) Act 1967. | Section 64.
In section 65(5), paragraphs (h) and (i).
1968 c. 13. | The National Loans Act 1968. | In Schedule 1, the entry relating to the Electricity and Gas Act 1963.
1968 c. 16. | The New Towns (Scotland) Act 1968. | In section 47(1), in the definition of “the appropriate Minister”, the words “electricity or” and, in the definition of “statutory undertakers”, the word “electricity”.
1968 c. 39. | The Gas and Electricity Act 1968. | The whole Act.
1968 c. 62. | The Clean Air Act 1968. | In section 6(10), the words from “not being a furnace” to the end.
1969 c. 32. | The Finance Act 1969. | In Schedule 20, paragraph 28(2).
1971 c. 78. | The Town and Country Planning Act 1971. | In section 224(1), the words “electricity or”.
In section 290(1), in the definition of “statutory undertakers”, the word “electricity”.
1972 c. 17. | The Electricity Act 1972. | The whole Act.
1972 c. 52. | The Town and Country Planning (Scotland) Act 1972. | In section 213(1)(e), the words “electricity or”.
In section 275(1), in the definition of “statutory undertakers”, the word “electricity”.
1972 c. 70. | The Local Government Act 1972. | Section 271(1)(a).
1973 c. 41. | The Fair Trading Act 1973. | In section 137, in subsection (2), in the definition of “goods”, the words “but does not include electricity”, and subsection (4).
In Schedule 5, paragraph 3.
1973 c. 65. | The Local Government (Scotland) Act 1973. | Section 236(1).
In Schedule 27, paragraphs 13, 14, 49, 55, 68, 87 and 129 to 131.
1974 c. 8. | The Statutory Corporations (Financial Provisions) Act 1974. | In Schedule 2, the entries relating to the Electricity Council, the North of Scotland Hydro-Electric Board and the South of Scotland Electricity Board.
1974 c. 40. | The Control of Pollution Act 1974. | In section 21(6), the words “(except the restrictions imposed by subsections (2) and (3))”.
In section 73(1), in the definition of “statutory undertakers”, the word “electricity”.
1975 c. 24. | The House of Commons Disqualification Act 1975. | In Schedule 1, in Part II, the entries relating to an Area Electricity Board in England and Wales, the Central Electricity Generating Board, the Electricity Council, the North of Scotland Hydro-Electric Board and the South of Scotland Electricity Board.
1975 c. 55. | The Statutory Corporations (Financial Provisions) Act 1975. | Section 5(2).
Section 6(1).
In Schedule 2, the entries relating to the Electricity Council, the North of Scotland Hydro-Electric Board and the South of Scotland Electricity Board.
In Schedule 3, Part I.
1975 c. 70. | The Welsh Development Agency Act 1975. | In section 27, in the definition of “statutory undertakers”, the word “electricity”.
1976 c. 57. | The Local Government (Miscellaneous Provisions) Act 1976. | In section 11(7), the definition of “Electricity Board”.
1976 c. 61. | The Electricity (Financial Provisions) (Scotland) Act 1976. | The whole Act.
1976 c. 75. | The Development of Rural Wales Act 1976. | In section 34(1), the word “electricity”.
In column (1) of the table to paragraph 56 of Schedule 3, the words “electricity or”.
1976 c. 76. | The Energy Act 1976. | Section 7.
Section 16.
In Schedule 2, in paragraph 6(1), the words “or 7”.
1978 c. 25. | The Nuclear Safeguards and Electricity (Finance) Act 1978. | Section 5.
1978 c. 44. | The Employment Protection (Consolidation) Act 1978. | In Schedule 10, paragraphs 7 and 17.
1979 c. 11. | The Electricity (Scotland) Act 1979. | The whole Act.
1979 c. 14. | The Capital Gains Tax Act 1979. | In Schedule 2, in Part I, in paragraph 1, paragraph (b) and the word “and” immediately preceding paragraph (b).
1979 c. 46. | The Ancient Monuments and Archaeological Areas Act 1979. | In section 61(2)(a), the word “electricity”.
In Schedule 4, paragraph 1.
1980 c. 43. | The Magistrates’ Courts Act 1980. | In Schedule 1, paragraph 10.
1980 c. 63. | The Overseas Development and Co-operation Act 1980. | In Schedule 1, in Part I, the entries relating to an Area Electricity Board, the Central Electricity Generating Board, the Electricity Council, the North of Scotland Hydro-Electric Board and the South of Scotland Electricity Board.
1980 c. 65. | The Local Government, Planning and Land Act 1980. | In section 108(1)(a), the word “electricity”.
In section 120(3), in the definition of “statutory undertakers”, the word “electricity”.
In section 170(1)(a), the word “electricity”.
In Schedule 16, in the definition of “statutory undertakers”, the word “electricity”.
In paragraph 2 of Schedule 19, the word “electricity”.
1980 c. 66. | The Highways Act 1980. | In section 121(6)(a), the word “electricity”.
In section 329(1), the definition of “electricity undertakers”.
In section 329(1), in the definition of “public utility undertakers”, the word “electricity”.
In section 329(1), in the definition of “statutory undertakers”, in paragraph (b), the word “electricity”.
1981 c. 64. | The New Towns Act 1981. | In section 78(1)(b), the words “electricity or”.
In section 79(1)(a)(iii) the word “electricity”.
1981 c. 67. | The Acquisition of Land Act 1981. | In section 8(1)(a), the word “electricity”.
In Schedule 4, the entry relating to the Electricity Act 1947.
1982 c. 16. | The Civil Aviation Act 1982. | In section 105(1), in the definition of “statutory undertaker”, in paragraph (b), the words “electricity or”.
1982 c. 30. | The Local Government (Miscellaneous Provisions) Act 1982. | In section 30(1), paragraph (b) and the word “or” immediately preceding it.
1982 c. 41. | The Stock Transfer Act 1982. | In section 1(3)(c), the words “section 16(3) of the Electricity Act 1957 or”.
1982 c. 43. | The Local Government and Planning (Scotland) Act 1982. | In Schedule 3, paragraphs 35 and 36.
1982 c. 48. | The Criminal Justice Act 1982. | In Schedule 15, paragraphs 2 and 22.
1983 c. 25. | The Energy Act 1983. | Part I.
Schedules 1 to 3.
1983 c. 29. | The Miscellaneous Financial Provisions Act 1983. | Section 4(3).
1983 c. 44. | The National Audit Act 1983. | In Schedule 4, the entries relating to the Central Electricity Generating Board, the Electricity Council and the Area Boards within the meaning of the Electricity Act 1947, the North of Scotland Hydro-Electric Board and the South of Scotland Electricity Board.
1984 c. 12. | The Telecommunications Act 1984. | In Schedule 2, in paragraph 23(10), in the definition of “relevant undertaker”, sub-paragraph (a)(ii).
In Schedule 4, paragraphs 6, 8, 9, 13, 15, 24, 34 and 70.
1984 c. 54. | The Roads (Scotland) Act 1984. | In Schedule 9, paragraphs 10, 13, 19, 23 and 79.
1984 c. 55. | The Building Act 1984. | In section 126, in the definition of “statutory undertakers” the word “electricity”.
1985 c. 51. | The Local Government Act 1985. | In Schedule 4, in Part II, paragraph 46.
1985 c. 68. | The Housing Act 1985. | In section 283(3), the word “electricity”.
In section 296(4)(a), the word “electricity”.
In section 611(6)(a), the word “electricity”.
1986 c. 44. | The Gas Act 1986. | In Schedule 7, paragraph 2(1)(xxxvi) and, in paragraph 4, sub-paragraphs (1) to (4) and (5)(b).
1986 c. 62. | The Salmon Act 1986. | Section 4.
1986 c. 63. | The Housing and Planning Act 1986. | Section 44.
1987 c. 26. | The Housing (Scotland) Act 1987. | In section 338(1), in the definition of “public undertakers”, the word “electricity”.
1988 c. 1. | The Income and Corporation Taxes Act 1988. | In section 511, subsections (1) to (3) and (6).
1988 c. 15. | The Public Utility Transfers and Water Charges Act 1988. | Section 1, so far as relating to electricity boards within the meaning of that section.
1988 c. 37. | The Electricity (Financial Provisions) (Scotland) Act 1988. | The whole Act.