Textual Amendments
F1Sch. 1 repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)
Textual Amendments
F2Sch. 2A inserted (20.5.2009) by Energy Act 2008 (c. 32), ss. 44(4), 110(2), Sch. 2; S.I. 2009/1270, art. 2
12(1)On an application for the making of a property scheme, the Authority must determine whether the proposed provision in relation to any property, right or liability specified in the application in accordance with paragraph 3(2)(a) is necessary or expedient for operational purposes.U.K.
(2)Sub-paragraph (1) does not apply, in relation to any property, right or liability specified in the application, if the successful bidder and the asset owner agree that the proposed provision, in relation to that property, right or liability, is necessary or expedient for operational purposes.
(3)If the Authority determines under sub-paragraph (1) that the proposed provision, in relation to any property, right or liability specified in the application, is not necessary or expedient for operational purposes—
(a)it must refuse the application in relation to the property, right or liability, but
(b)it may serve on the applicant and the non-applicant party a notice proposing, in relation to the property, right or liability, alternative provision of a kind mentioned in paragraph 1(2).
(4)A notice under sub-paragraph (3)(b) must—
(a)invite the recipient to make representations to the Authority about the proposed alternative provision within the period specified in the notice (being not less than 21 days) beginning with the day on which the notice is served, and
(b)be accompanied by a notice under paragraph 16 which complies with the requirements of sub-paragraph (5).
(5)The notice under paragraph 16 must require the recipient of the notice to provide the Authority, within the period specified in the notice (being not less than 7 days) beginning with the day on which the notice is served, with—
(a)the name and address of each person to whom sub-paragraph (6) applies, or
(b)if the recipient does not consider that there is any such person, a statement to that effect.
(6)This sub-paragraph applies to a person—
(a)whom the recipient of the notice considers is a third party who would be affected by the Authority's proposed alternative provision, and
(b)whose name and address were not—
(i)specified in the application in accordance with paragraph 3(2)(c) or in a modification notice under paragraph 9(3), or
(ii)provided to the Authority in response to a notice within paragraph 6(2)(b) or 9(5)(b).
(7)As soon as reasonably practicable after receiving the information required by a notice within sub-paragraph (4)(b), the Authority must serve on each person within sub-paragraph (8)—
(a)if a copy of the application has not previously been served on the person under paragraph 7(1) or 9(8), a copy of the application,
(b)if a copy of any modification notice has not previously been served on the person under paragraph 9(8), a copy of the notice,
(c)a copy of the notice served under sub-paragraph (3)(b), and
(d)a notice inviting that person to make representations to the Authority about the proposed alternative provision within the period specified in the notice beginning with the day on which the notice is served.
(8)A person is within this sub-paragraph if the person's name and address were—
(a)specified in the application in accordance with paragraph 3(2)(c) or in a modification notice under paragraph 9(3),
(b)provided to the Authority in response to a notice within sub-paragraph (4)(b) or paragraph 6(2)(b) or 9(5)(b).
(9)The period specified under sub-paragraph (7)(d) must be not less than—
(a)in the case of a person whose name and address were provided to the Authority in response to a notice within sub-paragraph (4)(b), 21 days, and
(b)in any other case, 14 days.
(10)Having considered any representations made in accordance with sub-paragraph (4)(a) or (7)(d), the Authority must determine whether the proposed alternative provision is necessary or expedient for operational purposes.
(11)If—
(a)the Authority determines under sub-paragraph (1) that the proposed provision, in relation to any property, right or liability specified in the application, is necessary or expedient for operational purposes,
(b)the successful bidder and the asset owner agree that that is the case, or
(c)the Authority determines under sub-paragraph (10) that the proposed alternative provision, in relation to any property, right or liability, is necessary or expedient for operational purposes,
the Authority must, subject to paragraphs 13 and 14(4), make a property scheme in relation to that property, right or liability.
(12)In this paragraph “the proposed provision”, in relation to any property, right or liability, means the provision of a kind mentioned in paragraph 1(2) which the application proposes is made in relation to that property, right or liability (having regard to any modification under paragraph 9 or restriction under paragraph 11).
13(1)On an application for a property scheme, no scheme may be made until—U.K.
(a)the offshore transmission licence has been issued to the successful bidder, and
(b)the relevant co-ordination licence holder has given the Authority, in accordance with the co-ordination licence, a completion notice in relation to the transmission system to which the property scheme relates.
(2)For this purpose—
(a)a “completion notice”, in relation to a transmission system, is a notice which states that it would be possible to carry on an activity to which section 4(1)(b) applies by making available for use that system;
(b)a property scheme relates to a transmission system if the property, rights and liabilities in respect of which the scheme makes provision of a kind mentioned in paragraph 1(2) are relevant to the performance by the successful bidder of its licensed functions in relation to that system.
(3)Until such time as section 180 of the Energy Act 2004 (meaning of “high voltage line”) comes into force—
(a)the references in sub-paragraphs (1) and (2) to a transmission system include a system which, if that section were in force, would be a transmission system (“an offshore 132 kilovolt system”), and
(b)that section is to be treated as if it were in force for the purposes of determining under sub-paragraph (2)(a) whether it would be possible to carry on an activity to which section 4(1)(b) applies by making available for use an offshore 132 kilovolt system.
(4)In this paragraph—
“licensed functions” means—
functions under the offshore transmission licence to which the tender exercise relates, and
functions which the successful bidder has, in the capacity of holder of that licence, under or by virtue of any enactment;
“relevant co-ordination licence holder” means—
the holder of a co-ordination licence to whom a person has applied (in accordance with any provision made by that licence) for an offer of connection to and use of a transmission system for the purposes of which the tender exercise is held, or
where the tender exercise is held for the purposes of a connection request within the meaning of section 6D(3)(b), the holder of a co-ordination licence to whom a connection request within the meaning of section 6D(3)(a) would have been made if section 180 of the Energy Act 2004 had been in force and, accordingly, the tender exercise had been held for the purposes of such a request.]