F1 SCHEDULES

F2SCHEDULE 2AProperty Schemes

Annotations:
Amendments (Textual)
F2

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

Interim arrangements pending review of determination

29

1

This paragraph applies where—

a

a person makes an application under paragraph 23(1) for the review of a determination, and

b

the Authority has made a property scheme in relation to the property, rights or liabilities to which the determination relates.

2

The Competition Appeal Tribunal may, at any time before an order is made under paragraph 23(4), on application by—

a

the successful bidder,

b

if the scheme has not come into operation, the asset owner,

c

if the scheme has come into operation, the person who was the asset owner immediately before it did so, or

d

a third party who is affected by any provision of the property scheme,

make such interim arrangements as it thinks fit with respect to the property, rights or liabilities concerned.

3

Without prejudice to the generality of sub-paragraph (2), the power under that sub-paragraph includes, in particular, power—

a

to make provision postponing or suspending the operation of any provision of the scheme for such period, and on such terms, as the Tribunal thinks fit;

b

to make provision for the successful bidder, or an applicant within sub-paragraph (2)(c), to have access to, or otherwise to enjoy the benefit of, any of the property or rights concerned for such period and on such terms as the Tribunal thinks fit.