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Energy Act (Northern Ireland) 2011

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

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

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

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

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

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

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

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

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