[F1Scheme-making powerU.K.
Textual Amendments
F1Sch. 2A inserted (20.5.2009) by Energy Act 2008 (c. 32), ss. 44(4), 110(2), Sch. 2; S.I. 2009/1270, art. 2
1(1)This paragraph applies where—U.K.
(a)a tender exercise is held in relation to an offshore transmission licence,
(b)any transmission assets have been transferred to the successful bidder or, for operational purposes, it is necessary for any transmission assets to be so transferred, and
(c)those assets were not constructed or installed by the successful bidder.
(2)The Authority may, on an application under paragraph 3, make a scheme (“a property scheme”) providing for—
(a)the transfer to the successful bidder of, or
(b)the creation in favour of the successful bidder of rights in relation to,
property, rights or liabilities.
(3)In sub-paragraph (1)—
(a)“transmission assets” means the transmission system in respect of which the offshore transmission licence is (or is to be) granted or anything which forms part of that system, and
(b)the reference to the successful bidder in paragraph (c) includes, if the successful bidder is a body corporate, a reference to any body corporate which was associated with the successful bidder at the time the transmission assets were constructed or installed.
(4)Until such time as section 180 of the Energy Act 2004 (meaning of “high voltage line”) comes into force, “transmission system” in sub-paragraph (3)(a) includes a system which, if that section were in force, would be a transmission system.]