28.—(1) Part II of the Electricity Order shall be amended as follows.
(2) In Article 8(1) (prohibition on unlicensed activities in connection with supply of electricity) for sub-paragraph (b) there shall be substituted—
“(b)participates in the transmission of electricity for that purpose; or” .
(3) In Article 8, after paragraph (3) there shall be inserted—
“(4) For the purposes of this Part, a person participates in the transmission of electricity if—
(a)he co-ordinates, and directs, the flow of electricity onto and over a transmission system by means of which the transmission of electricity takes place; or
(b)he makes available for use for the purposes of such a transmission system anything which forms part of it.
(5) Where different people have different interests in anything which forms part of a transmission system, only the person in actual possession of the thing may be regarded for the purposes of paragraph (4) as making it available for use.” .
(4) In Article 10(1) (licences authorising supply etc.) for sub-paragraph (b) there shall be substituted—
“(b)to participate in the transmission of electricity for that purpose; or” .
(5) After Article 10 there shall be inserted—
10A.—(1) A transmission licence may authorise the holder to participate in the transmission of electricity in any area, or only in an area specified in the licence.
(2) The Authority may, with the consent of the holder of a transmission licence, modify any term included in the licence in pursuance of paragraph (1).
(3) Without prejudice to the generality of Article 11(1)(a), conditions included in a transmission licence by virtue of that sub-paragraph may—
(a)require the licence holder not to carry on an activity which he would otherwise be authorised by the licence to carry on; or
(b)restrict where he may carry on an activity which he is authorised by the licence to carry on.”.
Commencement Information