F1 SCHEDULES
F2SCHEDULE 2AProperty Schemes
Timing of applications
5
1
No application may be made for a property scheme after the end of the transitional period.
C12
Subject to sub-paragraph (3), “the transitional period” means the period of 4 years beginning with the day on which section 92 of the Energy Act 2004 (competitive tenders for offshore transmission licences) comes into force.
3
Before the end of the transitional period, the Secretary of State may, by order, extend that period by a period specified in the order.
4
An order under sub-paragraph (3) may relate to a particular case, or to cases of a particular description, only.
5
The total transitional period in any case must not exceed F316 years.
6
Before making an order under sub-paragraph (3), the Secretary of State must give notice of the proposal to extend the transitional period.
7
The notice must—
a
state that the Secretary of State proposes to make an order extending the transitional period and set out the terms of the proposed order,
b
state the reasons why the Secretary of State proposes to make the order, and
c
specify the time (not being less than 28 days from the date of publication of the notice under sub-paragraph (8)(b)) within which representations with respect to the proposals may be made.
8
The notice must be given—
a
by serving a copy of it on the Authority, and
b
by publishing it in such manner as the Secretary of State considers appropriate for bringing it to the attention of—
i
the owner of any property, right or liability who may have an interest in the making of the proposed order, and
ii
if the order relates to a case where a tender exercise has begun, any person who has submitted an application for the offshore transmission licence to which the exercise relates.
Sch. 2A inserted (20.5.2009) by Energy Act 2008 (c. 32), ss. 44(4), 110(2), Sch. 2; S.I. 2009/1270, art. 2