SCHEDULEENERGY TRANSFER SCHEMES

Powers and duties under statutory provisions

6

1

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

a

to be transferred to the new energy company; or

b

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

2

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

3

The powers and duties to which this paragraph applies are the powers and duties conferred or imposed upon the old energy company by or under 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.