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12.—(1) This regulation applies to any person
(a)who holds an existing supply licence, that is to say a licence under Article 10(1)(c) of the 1992 Order(1) which had effect immediately before the coming into operation of this Part; and
(b)who holds an existing transmission licence, that is to say a licence under Article 10(1)(b) of that Order which had effect immediately before the coming into operation of this Part; and
(c)whose activities, immediately before the coming into operation of this Part, include the supply and distribution of electricity.
(2) This Part has effect for the purpose of enabling the existing supply licence held by such a licence holder (“an existing licence holder”) to have effect as if it were a licence under Article 10(1)(c) of the 1992 Order as it is to be amended by regulation 6 granted to a different person.
(3) That person must be an associate of the existing licence holder nominated by him for the purpose of holding the licence.
(4) In this Part “associate” in relation to any holder of a licence under Article 10 of the 1992 Order means an undertaking which is an associated undertaking of that holder within the meaning of paragraph 20 of Schedule 4A to the Companies (Northern Ireland) Order 1986(2).
(5) For the purposes of this regulation “supply” and “distribution” have the meanings given to them by Directive 2003/54/EC.
S.I. 1992/231 (N.I. 1)
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