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Energy Act 2004


This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 The Civil Nuclear Industry

    1. Chapter 1 Nuclear decommissioning

      1. Establishment of NDA

        1. 1.The Nuclear Decommissioning Authority

        2. 2.Constitution of NDA

      2. Principal function of NDA

        1. 3.Designated responsibilities

        2. 4.Additional responsibilities under designating directions

        3. 5.Supplemental provisions of designating directions

        4. 6.Designations relating to Scotland

      3. Other functions of NDA

        1. 7.Supplemental functions

        2. 8.Special functions in relation to pensions etc.

      4. General duties and powers of NDA

        1. 9.General duties when carrying out functions

        2. 10.Powers for carrying out functions

      5. Strategies, plans and reports

        1. 11.Strategy for carrying out functions

        2. 12.Contents of strategy

        3. 13.Annual plans

        4. 14.Annual reports

      6. Implementation of strategies and plans

        1. 15.Duty to decommission and clean up installations and sites

        2. 16.Duties to operate installations and to provide treatment etc.

        3. 17.Duty to use installations etc. for purposes of NDA

        4. 18.Directions by NDA to the person with control

        5. 19.Designation as a related site for the purposes of s. 18

        6. 20.Duty to comply with directions under s. 18

      7. Financial provisions

        1. 21.Financial responsibilities of NDA

        2. 22.Expenditure and receipts of NDA

        3. 23.Borrowing by the NDA

        4. 24.Limit on NDA borrowing

        5. 25.Government guarantees for NDA borrowing

        6. 26.Accounts of NDA

        7. 27.Tax exemption for NDA activities

        8. 28.Taxation of NDA activities chargeable under Case VI of Schedule D

        9. 29.Disregard for tax purposes of cancellation etc. of provisions

        10. 30.Disregard for tax purposes of provisions recognised by NDA

      8. Nuclear Decommissioning Funding Account

        1. 31.Establishment and maintenance of the Account

        2. 32.Examination of the Account

      9. Supplementary provisions of Chapter 1 of Part 1

        1. 33.Validity of transactions

        2. 34.Amendment of Schedule 12 to the 1989 Act

        3. 35.Power to modify Chapter 1 of Part 1

        4. 36.Meaning of “nuclear site” etc. and “person with control”

        5. 37.General interpretation of Chapter 1 of Part 1

    2. Chapter 2 Transfers relating to nuclear undertakings

      1. Transfer by scheme of property etc.

        1. 38.Nuclear transfer schemes

        2. 39.Transfers of publicly owned assets

        3. 40.Transfers with the consent of the transferor

        4. 41.Recovery of property from private ownership

        5. 42.Transfer of Nuclear Liabilities Investment Portfolio

      2. Extinguishment of undertakings and tax losses

        1. 43.Undertakings given by the Secretary of State

        2. 44.Extinguishment of BNFL losses for tax purposes

      3. Provisions relating to transfers

        1. 45.Further provision applying to transferee companies

        2. 46.Pensions

        3. 47.Taxation

        4. 48.Supplementary powers of the Secretary of State, the NDA and the UKAEA

      4. Supplementary provisions of Chapter 2 of Part 1

        1. 49.Duty to assist the Secretary of State

        2. 50.Interpretation of Chapter 2 of Part 1

    3. Chapter 3 Civil Nuclear Constabulary

      1. Civil Nuclear Police Authority

        1. 51.The Civil Nuclear Police Authority

      2. Civil Nuclear Constabulary

        1. 52.The Civil Nuclear Constabulary

        2. 53.Chief constable and other senior officers

        3. 54.Functions of senior officers

        4. 55.Members of the Constabulary

      3. Jurisdiction and powers of Constabulary

        1. 56.Jurisdiction of Constabulary

        2. 57.Stop and search under Terrorism Act 2000

      4. Administration of Constabulary

        1. 58.Government, administration and conditions of service

        2. 59.Members of Constabulary serving with other forces

        3. 60.Charges

      5. Supervision and inspection etc.

        1. 61.Planning and reports

        2. 62.Inspection

        3. 63.Supervision by Secretary of State

      6. Rights etc. of members of the Constabulary

        1. 64.Civil Nuclear Police Federation

        2. 65.Rank-related associations

        3. 66.Representation at certain disciplinary proceedings

        4. 67.Trade union membership

      7. Supplementary provisions of Chapter 3 of Part 1

        1. 68.Application of offences etc. applying to constables

        2. 69.Minor amendments relating to the Constabulary

        3. 70.Nuclear transfer scheme for UKAEA Constabulary

        4. 71.Interpretation of Chapter 3 of Part 1

    4. Chapter 4 Authorisations relating to radioactive waste

      1. 72.Transfer of authorisations

      2. 73.Applications for variation of authorisations

      3. 74.Periodic reviews of authorisations

      4. 75.Consequential amendments of the 1993 Act

    5. Chapter 5 Miscellaneous provisions relating to nuclear industry

      1. 76.Amendments for giving effect to international obligations

      2. 77.Regulation of equipment, software and information

      3. 78.Application of the 1965 Act to Northern Ireland

      4. 79.Expenditure on nuclear related matters

      5. 80.Additional functions of UKAEA

  3. Part 2 Sustainability and Renewable Energy Sources

    1. Chapter 1 Sustainable energy

      1. 81.Reports under section 1 of Sustainable Energy Act 2003

      2. 82.Microgeneration

      3. 83.Sustainable development

    2. Chapter 2 Offshore production of energy

      1. Renewable Energy Zones

        1. 84.Exploitation of areas outside the territorial sea for energy production

        2. 85.Application of criminal law to renewable energy installations etc.

        3. 86.Prosecutions

        4. 87.Application of civil law to renewable energy installations etc.

        5. 88.Orders in Council under ss. 85 and 87

      2. Application of 1989 Act offshore

        1. 89.Activities offshore requiring 1989 Act licences

        2. 90.Modification of licence conditions for offshore transmission and distribution

        3. 91.Extension of transmission licences offshore

        4. 92.Competitive tenders for offshore transmission licences

        5. 93.Consents for generating stations offshore

        6. 94.Application of regulations under 1989 Act offshore

      3. Safety zones for installations

        1. 95.Safety zones around renewable energy installations

        2. 96.Prohibited activities in safety zones

        3. 97.Offences relating to safety zones

        4. 98.Supplementary provisions relating to offences under s. 97

      4. Navigation and civil aviation

        1. 99.Navigation

        2. 100.Further provision relating to public rights of navigation

        3. 101.Application of civil aviation regulations to renewable energy installations

      5. Supplementary provisions of Chapter 2 of Part 2

        1. 102.Amendments of 1989 Act consequential on Chapter 2 of Part 2

        2. 103.Other amendments consequential on Chapter 2 of Part 2

        3. 104.Interpretation of Chapter 2 of Part 2

    3. Chapter 3 Decommissioning of offshore installations

      1. Decommissioning programmes

        1. 105.Requirement to prepare decommissioning programmes

        2. 106.Approval of decommissioning programmes

        3. 107.Failure to submit or rejection of decommissioning programmes

        4. 108.Reviews and revisions of decommissioning programmes

      2. Implementation of decommissioning programmes

        1. 109.Carrying out of decommissioning programmes

        2. 110.Default in carrying out decommissioning programmes

      3. Decommissioning regulations

        1. 111.Regulations about decommissioning

      4. Supplementary provisions of Chapter 3 of Part 2

        1. 112.Duty to inform Secretary of State

        2. 113.Offences relating to decommissioning programmes

        3. 114.Interpretation of Chapter 3 of Part 2

    4. Chapter 4 Renewables obligations relating to electricity

      1. 115.Discharge of renewables obligation in Great Britain by payment

      2. 116.Issue of green certificates in Great Britain

      3. 117.Use of green certificates issued in Northern Ireland

      4. 118.Distributions to Northern Ireland suppliers

      5. 119.Supplementary provision relating to renewables obligation in Great Britain

      6. 120.Issue of green certificates in Northern Ireland

      7. 121.GEMA’s power to act on behalf of Northern Ireland regulator

      8. 122.Consultation in relation to Northern Ireland renewables orders

      9. 123.Modification of conditions of Northern Ireland electricity licences

    5. Chapter 5 Renewable transport fuel obligations

      1. 124.Imposition of renewable transport fuel obligations

      2. 125.The Administrator

      3. 126.Determinations of amounts of transport fuel

      4. 127.Renewable transport fuel certificates

      5. 128.Discharge of obligation by payment

      6. 129.Imposition of civil penalties

      7. 130.Objections to civil penalties

      8. 131.Appeals against civil penalties

      9. 132.Interpretation of Chapter 5 of Part 2

  4. Part 3 Energy Regulation

    1. Chapter 1 Electricity trading and transmission

      1. 133.“New trading and transmission arrangements”

      2. 134.Power to modify licence conditions

      3. 135.Alteration of transmission activities requiring licence

      4. 136.Transmission licences

      5. 137.New standard conditions for transmission licences

      6. 138.Conversion of existing transmission licences

      7. 139.Grant of transmission licences

      8. 140.Duties to provide information etc. to Secretary of State

      9. 141.Property arrangements schemes

      10. 142.Interpretation of Chapter 1 of Part 3

      11. 143.Amendments consequential on Chapter 1 of Part 3

      12. 144.Transition

    2. Chapter 2 Interconnectors for electricity and gas

      1. Electricity interconnectors

        1. 145.Operators of electricity interconnectors to be licensed

        2. 146.Standard conditions for electricity interconnectors

        3. 147.Consequential amendments of the 1989 Act

        4. 148.Grant of electricity interconnector licences to existing operators

      2. Gas interconnectors

        1. 149.Operators of gas interconnectors to be licensed

        2. 150.Standard conditions for gas interconnectors

        3. 151.Disapplication of existing regimes

        4. 152.Grant of gas interconnector licences to existing operators

        5. 153.Extraterritorial application of Gas Act 1986

    3. Chapter 3 Special administration regime for energy licensees

      1. Energy administration orders

        1. 154.Energy administration orders

        2. 155.Objective of an energy administration

        3. 156.Applications for energy administration orders

        4. 157.Powers of court

        5. 158.Energy administrators

        6. 159.Conduct of administration, transfer schemes etc.

      2. Restrictions on other insolvency procedures

        1. 160.Restrictions on winding-up orders

        2. 161.Restrictions on voluntary winding up

        3. 162.Restrictions on making of ordinary administration orders

        4. 163.Restrictions on administrator appointments by creditors etc.

        5. 164.Restrictions on enforcement of security

      3. Financial support for companies in administration

        1. 165.Grants and loans

        2. 166.Indemnities

        3. 167.Guarantees where energy administration order is made

      4. Licence modifications relating to energy administration

        1. 168.Modifications of particular or standard conditions

        2. 169.Licence conditions to secure funding of energy administration

      5. Supplemental provision of Chapter 3 of Part 3

        1. 170.Modification of Chapter 3 of Part 3 under Enterprise Act 2002

        2. 171.Interpretation of Chapter 3 of Part 3

    4. Chapter 4 Further provisions about regulation

      1. Security of supply

        1. 172.Annual report on security of energy supplies

      2. Appeals from GEMA decisions

        1. 173.Appeals to the Competition Commission

        2. 174.Procedure on appeals

        3. 175.Determination of appeals

        4. 176.Specialist members of Competition Commission

      3. Funding of appeals and references

        1. 177.Modifications of standard conditions for funding appeals and references

      4. Best practice

        1. 178.Duty to have regard to best regulatory practice

      5. Meaning of electricity supply and high voltage lines

        1. 179.Meaning of electricity supply

        2. 180.Meaning of “high voltage line”

      6. Metering

        1. 181.Prepayment meters

      7. Inquiries under ss. 36 and 37 of the 1989 Act

        1. 182.Additional inspectors

      8. Confidential information

        1. 183.Exclusion of confidential information from registers

      9. Areas with high distribution or transmission costs

        1. 184.Assistance for areas with high distribution costs

        2. 185.Adjustment of transmission charges

        3. 186.Restrictions on disclosure of information

      10. Payments into Scottish Consolidated Fund

        1. 187.Payments of sums raised by fossil fuel levy

  5. Part 4 Miscellaneous and Supplemental

    1. Imposition of charges

      1. 188.Power to impose charges to fund energy functions

    2. International agreements relating to pipelines and offshore installations

      1. 189.Power to modify Petroleum Act 1998

    3. Supplementary provision relating to functions of Secretary of State and GEMA

      1. 190.Application of general duties to Part 3 functions etc.

      2. 191.Supplementary provision about licence condition powers

    4. Supplemental

      1. 192.Powers exercisable by statutory instrument

      2. 193.Service of notifications and other documents

      3. 194.Notifications and documents in electronic form

      4. 195.Timing and location of things done electronically

      5. 196.General interpretation

      6. 197.Repeals etc.

      7. 198.Short title, commencement and extent


    1. SCHEDULE 1

      The Nuclear Decommissioning Authority

      1. Part 1 Members and staff of NDA

        1. 1.Tenure of office by non-executive members

        2. 2.Remuneration and pensions of non-executive members

        3. 3.Terms and conditions of executive members of the NDA

        4. 4.Constitution of NDA for initial period

        5. 5.Staffing of the NDA

        6. 6.UKAEA pensions for NDA staff

      2. Part 2 Proceedings of NDA

        1. 7.Committees of the NDA and advisory committees

        2. 8.Delegation of functions

        3. 9.Quorums

        4. 10.Proceedings of the NDA and of their committees etc.

        5. 11.Authentication of NDA’s seal

        6. 12.Records of proceedings

        7. 13.Validity of proceedings

      3. Part 3 Supplemental

        1. 14.Public records

        2. 15.Parliamentary Commissioner Act 1967

        3. 16.Disqualification for House of Commons and Northern Ireland Assembly

        4. 17.Scottish devolution

        5. 18.Freedom of information

        6. 19.Interpretation of Schedule

    2. SCHEDULE 2

      Procedural requirements applicable to NDA’s strategy

      1. 1.Approval required for strategy

      2. 2.Initial strategy

      3. 3.Strategy reviews and revisions

      4. 4.Consultation by NDA

      5. 5.Approval of strategy

      6. 6.Publication of strategy

    3. SCHEDULE 3

      Procedural requirements applicable to NDA’s annual plans

      1. 1.Preparation and revision of plan

      2. 2.Consultation by NDA

      3. 3.Approval of annual plan

      4. 4.Publication of plan

    4. SCHEDULE 4

      Supplemental taxation provisions for exempt activities

      1. 1.Exempt activities to be separate trade

      2. 2.Accounting periods of companies carrying on exempt activities

      3. 3.Charges on income in connection with exempt activities

      4. 4.Finance leasing of plant and machinery

      5. 5.Mixed use of industrial buildings

      6. 6.Residue of qualifying expenditure on industrial buildings

    5. SCHEDULE 5

      Supplementary provisions about nuclear transfer schemes

      1. 1.Identification of property to which scheme applies

      2. 2.Property, rights and liabilities that may be transferred

      3. 3.Dividing and modifying transferor’s property, rights and liabilities

      4. 4.Obligation to effect transfers etc. under a nuclear transfer scheme

      5. 5.Effect of nuclear transfer schemes

      6. 6.Supplementary provisions of schemes

      7. 7.Proof of title by certificate

      8. 8.Duties in relation to foreign property

      9. 9.Modification of scheme by agreement

      10. 10.The Transfer of Undertakings (Protection of Employment) Regulations 1981

      11. 11.Compensation for third parties

      12. 12.Compensation for transferor in case of a recovery scheme

      13. 13.Interpretation

    6. SCHEDULE 6

      Structure etc. of transferee companies

      1. 1.Application and interpretation of Schedule

      2. 2.Initial Government holding in the transferee company

      3. 3.Government investment in securities of transferee company

      4. 4.Exercise of functions through nominees

      5. 5.Payment of dividends etc. into Consolidated Fund

      6. 6.Distributable reserves of transferee companies

      7. 7.Dividends

      8. 8.Saving for inherent powers of Ministers

    7. SCHEDULE 7

      Finances and accounts of transferee companies

      1. 1.Interpretation of Schedule

      2. 2.Government lending to transferee companies

      3. 3.Guarantees for designated BNFL companies

      4. 4.Government guarantees for loans of undesignated publicly controlled transferee companies

      5. 5.Financial limits of BNFL and publicly controlled companies that are designated

      6. 6.Financial limits for publicly controlled transferees that are not designated

      7. 7.Temporary restrictions on borrowing of transferee companies

      8. 8.Statutory accounts of transferee companies

      9. 9.Accounts of Crown owned transferee companies to be laid before Parliament

    8. SCHEDULE 8


      1. Part 1 Preliminary

        1. 1.Interpretation

      2. Part 2 Extensions of certain pension schemes

        1. 2.(1) The NDA may, by direction, make such modifications of...

      3. Part 3 Public sector transfers of UKAEA pension scheme members

        1. 3.Transfers of employment for NDA purposes

        2. 4.Application of UKAEA pension scheme

        3. 5.Modification of UKAEA pension scheme

        4. 6.Transfer of funds from UKAEA pension scheme

        5. 7.Exercise of powers of Secretary of State

        6. 8.Payments to UKAEA by relevant public sector employer

      4. Part 4 Other transfers

        1. 9.Persons entitled to pension protection under paragraphs 10 and 11

        2. 10.Protection on transfer in accordance with a nuclear transfer scheme

        3. 11.Protection on a transfer in accordance with transfer arrangements

        4. 12.Modification of NDA schemes

      5. Part 5 UKAEA pensions for employees of designated BNFL companies

        1. 13.(1) A UKAEA pension scheme may apply to employees of...

    9. SCHEDULE 9

      Taxation provisions relating to nuclear transfer schemes

      1. Part 1 Transfers to the NDA or a subsidiary of the NDA

        1. 1.Trading losses: transfer of company carrying on exempt activities

        2. 2.Trading losses: transfer of undertaking carrying on exempt activities

        3. 3.Chargeable gains: assets to be treated as disposed without a gain or a loss

        4. 4.Chargeable gains: assets treated as acquired at nil cost

        5. 5.Chargeable gains: degrouping charges

        6. 6.Chargeable gains: disposal of debts

        7. 7.Capital allowances: transfer of whole trade

        8. 8.Capital allowances: transfer of part of a trade

        9. 9.Capital allowances: transfer of plant or machinery

        10. 10.Capital allowances: transfer not to be transaction between connected persons

        11. 11.Continuity in relation to loan relationships

        12. 12.Continuity in relation to derivative contracts

        13. 13.Continuity in relation to transfer of intangible assets

        14. 14.Chargeable intangible assets: degrouping charges

        15. 15.Computation of profits and losses in respect of transfer of trade

      2. Part 2 Transfers relating to BNFL or the UKAEA etc.

        1. 16.Application of Part 2 of Schedule

        2. 17.Application of rules for reorganisations under same ownership

        3. 18.Chargeable gains: assets to be treated as disposed without a gain or a loss

        4. 19.Chargeable gains: degrouping charges

        5. 20.Chargeable gains: disposal of debts

        6. 21.Capital allowances: transfer of plant or machinery

        7. 22.Capital allowances: transfer not to be transaction between connected persons

        8. 23.Continuity in relation to loan relationships

        9. 24.Continuity in relation to derivative contracts

        10. 25.Continuity in relation to transfer of intangible assets

        11. 26.Chargeable intangible assets: degrouping charges

        12. 27.Computation of profits and losses: transfer of trade

      3. Part 3 Transfers relating to relevant site licensees

        1. 28.(1) This paragraph applies where, in consequence of a nuclear...

        2. 29.(1) This paragraph applies where— (a) as a consequence of...

        3. 30.In this Part of this Schedule “relevant site licensee” has...

      4. Part 4 Transfer of Nuclear Liabilities Investment Portfolio

        1. 31.Application of Part 4 of Schedule

        2. 32.Chargeable gains: assets to be treated as disposed without a gain or a loss

        3. 33.Neutral effect of transfer for loan relationships and derivative contracts

      5. Part 5 Stamp duty etc.

        1. 34.(1) Stamp duty is not to be chargeable—

      6. Part 6 Supplemental provisions of Schedule

        1. 35.Groups of companies

        2. 36.Consequential amendment

        3. 37.Interpretation of Schedule

    10. SCHEDULE 10

      The Civil Nuclear Police Authority

      1. Part 1 Membership

        1. 1.Appointment

        2. 2.Terms of appointment

        3. 3.Remuneration

      2. Part 2 Proceedings

        1. 4.Police Authority to regulate procedure

        2. 5.Validity etc.

      3. Part 3 Employees

        1. 6.Employees of the Police Authority

        2. 7.UKAEA pensions for employees of the Police Authority

      4. Part 4 Finances

        1. 8.Borrowing by the Police Authority

        2. 9.Guarantees for borrowing by the Police Authority

        3. 10.Grants and loans to the Police Authority

        4. 11.Financial duties

        5. 12.Accounts and audit

        6. 13.Receipts and surpluses

        7. 14.Destination of receipts

      5. Part 5 Miscellaneous

        1. 15.Authentication of Police Authority’s seal

        2. 16.Status

        3. 17.Disqualification for House of Commons

        4. 18.Freedom of information

    11. SCHEDULE 11

      Removal and suspension of senior officers of Constabulary

      1. 1.Removal of senior officers by Police Authority

      2. 2.Power of Secretary of State to require removal of chief constable

      3. 3.Suspension of senior officers by Police Authority pending removal

      4. 4.Power of Secretary of State to require suspension of chief constable

    12. SCHEDULE 12

      Planning and reports about Constabulary

      1. Part 1 Planning

        1. 1.Determination of annual objectives for Constabulary

        2. 2.Annual policing plan

        3. 3.Three-year strategy plan

        4. 4.Initial objectives and plans

      2. Part 2 Reports

        1. 5.Annual report by chief constable

        2. 6.Power of Police Authority to require reports

        3. 7.Annual report by Police Authority

        4. 8.Power of Secretary of State to require reports

        5. 9.Meaning of “reporting year”

    13. SCHEDULE 13

      Directions by Secretary of State about Constabulary

      1. 1.Objectives

      2. 2.Directions with respect to the Constabulary

      3. 3.Government, administration and conditions of service

      4. 4.Remedial action

    14. SCHEDULE 14

      Minor amendments relating to Constabulary

      1. 1.Public Records Act 1958

      2. 2.Police (Scotland) Act 1967

      3. 3.Firearms Act 1968

      4. 4.Race Relations Act 1976

      5. 5.Ministry of Defence Police Act 1987

      6. 6.Official Secrets Act 1989

      7. 7.Police Act 1996

      8. 8.Regulation of Investigatory Powers Act 2000

      9. 9.Criminal Justice and Police Act 2001

      10. 10.Anti-terrorism, Crime and Security Act 2001

      11. 11.Police Reform Act 2002

    15. SCHEDULE 15

      Amendments of 1993 Act

      1. 1.Preliminary

      2. 2.Applications for authorisations

      3. 3.Duty to display documents

      4. 4.Requirements with respect to records

      5. 5.Enforcement notices

      6. 6.Prohibition notices

      7. 7.Directions in relation to applications etc.

      8. 8.Power to call in applications

      9. 9.Power to restrict knowledge of applications etc.

      10. 10.Appeals

      11. 11.Offences

      12. 12.False and misleading statements

      13. 13.Meaning of “prescribed”

    16. SCHEDULE 16

      Applications and proposals for notices under section 95

      1. 1.Interpretation

      2. 2.In this Schedule “relevant renewable energy installation”, in relation to...

      3. 3.Requirements for applications

      4. 4.Objections to an application

      5. 5.Objections in other cases

      6. 6.Public inquiries

      7. 7.Use of additional inspectors for an inquiry

      8. 8.Combined notices

      9. 9.Parliamentary control of regulations

    17. SCHEDULE 17

      Conversion of existing transmission licences: licensing scheme

      1. 1.Licensing scheme

      2. 2.Consequential amendment of related codes and agreements

      3. 3.Effect of licensing scheme

      4. 4.Modification of licensing scheme

      5. 5.Consultation by the Secretary of State

      6. 6.“Existing transmission licence”

    18. SCHEDULE 18

      Property arrangements schemes

      1. 1.Scheme-making power

      2. 2.Applications for schemes

      3. 3.GEMA’s functions in relation to applications

      4. 4.(1) Subject to the following provisions of this paragraph, where...

      5. 5.(1) A determination under paragraph 4, so far as relating...

      6. 6.GEMA may require any of the following persons to give...

      7. 7.GEMA may engage such consultants as it thinks fit for...

      8. 8.Effect of property arrangements scheme

      9. 9.(1) A transaction of any description effected by or under...

      10. 10.Review of determinations

      11. 11.(1) This paragraph applies where— (a) the Competition Appeal Tribunal...

      12. 12.(1) This paragraph applies where— (a) the Competition Appeal Tribunal...

      13. 13.(1) This paragraph applies where— (a) the Competition Appeal Tribunal...

      14. 14.An order under paragraph 10(4)(b) may include provision for the...

      15. 15.Section 120(6) to (8) of the Enterprise Act 2002 (c....

      16. 16.Interim arrangements pending review of determination

      17. 17.(1) This paragraph applies where– (a) a person makes an...

      18. 18.In exercising its powers under paragraph 16 or 17, the...

      19. 19.Paragraphs 16 and 17 are without prejudice to any powers...

      20. 20.(1) If an order under paragraph 16 or 17 is...

      21. 21.Supplementary

      22. 22.An application under this Schedule is not allowed to be...

      23. 23.(1) In this Schedule— “existing transmission licence” means a transmission...

    19. SCHEDULE 19

      Consequential amendments relating to Chapter 1 of Part 3

      1. 1.Water (Scotland) Act 1980 (c. 45)

      2. 2.Telecommunications Act 1984 (c. 38)

      3. 3.Electricity Act 1989 (c. 29)

      4. 4.In section 3A(5)(a), for “transmit, distribute or supply” substitute “distribute,...

      5. 5.In section 6 (licences authorising supply etc.), for subsection (7)...

      6. 6.In section 6A (procedure for licence applications), in subsection (1)...

      7. 7.(1) Section 6B (applications for transmission licence) is amended as...

      8. 8.(1) Section 9 (general duties of licence holders) is amended...

      9. 9.(1) Section 10 (powers of licence holders) is amended as...

      10. 10.In section 29 (regulations relating to supply and safety), in...

      11. 11.In section 30 (electrical inspectors), in subsection (2)(a) (duty to...

      12. 12.(1) Section 35 (which supplements section 34 about fuel stocks...

      13. 13.In section 43B (supplementary provision about orders under section 43A),...

      14. 14.In section 58 (directions restricting the use of certain information)—...

      15. 15.(1) Section 64 (interpretation of Part 1) is amended as...

      16. 16.In Schedule 9 (preservation of amenity and fisheries), in paragraphs...

      17. 17.Water Industry Act 1991 (c. 56)

      18. 18.Water Resources Act 1991 (c. 57)

      19. 19.Land Drainage Act 1991 (c. 59)

      20. 20.Utilities Act 2000 (c. 27)

    20. SCHEDULE 20

      Conduct of energy administration

      1. Part 1 Application of Schedule B1 to the 1986 Act

        1. 1.Application of Schedule B1 provisions

        2. 2.Those provisions of Schedule B1 to the 1986 Act are...

      2. Part 2 Modifications of Schedule B1

        1. 3.Introductory

        2. 4.General modifications of the applicable provisions

        3. 5.Specific modifications

        4. 6.In paragraph 40 (dismissal of pending winding-up petition), omit sub-paragraphs...

        5. 7.In paragraph 42 (moratorium on insolvency proceedings), omit sub-paragraphs (4)...

        6. 8.In paragraph 44 (interim moratorium), omit sub-paragraphs (2) to (4),...

        7. 9.In paragraph 46(6) (date for notifying administrator’s appointment), for paragraphs...

        8. 10.(1) In sub-paragraph (2)(b) of paragraph 49 (administrator’s proposals) for...

        9. 11.For paragraph 54 (revision of administrator’s proposals) substitute— (1) The energy administrator of a company may on one...

        10. 12.In paragraph 60 (powers of an administrator), the existing text...

        11. 13.(1) In paragraph 68 (management duties of an administrator), for...

        12. 14.In paragraphs 71(3)(b) and 72(3)(b) (handling of secured property), for...

        13. 15.In paragraph 73(3) (which contains a reference to the administrator’s...

        14. 16.(1) In paragraph 74 (challenge to administrator’s conduct), for sub-paragraph...

        15. 17.In paragraph 75(2) (misfeasance), after paragraph (b) insert—

        16. 18.(1) In paragraph 79 (end of administration), for sub-paragraphs (1)...

        17. 19.In paragraph 83(3) (notice to registrar when moving to voluntary...

        18. 20.(1) In paragraph 84 (notice to registrar when moving to...

        19. 21.In paragraph 87 (resignation of administrator), for sub-paragraph (2)(a) to...

        20. 22.In paragraph 89 (administrator ceasing to be qualified), for sub-paragraph...

        21. 23.In paragraph 90 (filling vacancy in office of administrator), for...

        22. 24.(1) In paragraph 91 (vacancies in court appointments), for sub-paragraph...

        23. 25.In paragraph 98 (discharge from liability on vacation of office),...

        24. 26.(1) In paragraph 99 (charges and liabilities upon vacation of...

        25. 27.In paragraph 100 (joint and concurrent administrators), omit sub-paragraph (2)....

        26. 28.In paragraph 101(3) (joint administrators), after “87 to” insert “91,...

        27. 29.(1) In paragraph 103 (appointment of additional administrators), in sub-paragraph...

        28. 30.In paragraph 106 (penalties), omit sub-paragraph (2)(a), (b), (f), (g),...

        29. 31.In paragraph 109 (references to extended periods), omit “or 108”....

        30. 32.(1) In sub-paragraph (1) of paragraph 111 (interpretation)—

      3. Part 3 Further Schedule B1 modifications for unregistered companies

        1. 33.Introductory

        2. 34.In paragraphs 35 to 40— (a) the provisions of Schedule...

        3. 35.Modifications

        4. 36.(1) The applicable provisions and Schedule 1 to the 1986...

        5. 37.(1) Paragraph 41 of Schedule B1 to the 1986 Act...

        6. 38.Paragraph 43(6A) of Schedule B1 to the 1986 Act (moratorium...

        7. 39.Paragraph 44(7) of Schedule B1 to the 1986 Act (proceedings...

        8. 40.Paragraph 64 of Schedule B1 to the 1986 Act (general...

      4. Part 4 Other modifications

        1. 41.General modifications

        2. 42.(1) Paragraph 41, in its application to section 1(3) of...

        3. 43.Modifications of 1986 Act

        4. 44.(1) Section 6 of that Act (challenge of decisions in...

        5. 45.In section 129(1A) of that Act (commencement of winding up),...

        6. 46.Power to make further modifications

        7. 47.Interpretation of Part 4 of Schedule

    21. SCHEDULE 21

      Energy transfer schemes

      1. 1.Application of Schedule

      2. 2.It is for the energy administrator, while the energy administration...

      3. 3.Making of energy transfer schemes

      4. 4.Provision that may be made by a scheme

      5. 5.Transfer of licences

      6. 6.Powers and duties under statutory provisions

      7. 7.Supplemental provisions relating to transfers

      8. 8.Effect of scheme

      9. 9.Subsequent modification of scheme

      10. 10.Transfers in the case of non-GB companies

      11. 11.Provision relating to foreign property etc.

      12. 12.Application of Schedule to transfers to subsidiaries

      13. 13.Interpretation

    22. SCHEDULE 22

      Procedure for appeals under section 173

      1. 1.Application for permission to bring appeal

      2. 2.Addition of parties to appeal

      3. 3.Suspension of decision

      4. 4.Time limit for representations and observations by GEMA

      5. 5.Consideration and determination of appeal by group

      6. 6.Timetable for determination of appeal

      7. 7.Matters to be considered on appeal

      8. 8.Production of documents

      9. 9.Oral hearings

      10. 10.Written statements

      11. 11.Defaults in relation to evidence

      12. 12.Appeal rules

      13. 13.Costs

      14. 14.The Secretary of State’s power to modify time limits

      15. 15.Interpretation of Schedule

    23. SCHEDULE 23


      1. Part 1 Repealed provisions

      2. Part 2 Savings etc.

        1. 1.The repeal by this Act of section 19 of the...

        2. 2.The repeal by this Act of a provision of the...

        3. 3.The repeal by this Act of section 76 of the...

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