33(1)There is a transitional period for an agreement of a description falling within Article 41(1) which—U.K.
(a)is specified, or is of a description specified, in an order (“a transitional order”) made by the Department (whether before or after the making of the agreement but before the end of the relevant period); and
(b)satisfies such conditions as may be specified in the order.
(2)A transitional order may make provision as to when the transitional period in respect of such an agreement is to start or to be deemed to have started.
(3)The transitional period for such an agreement ends at the end of the relevant period.
(4)But if the agreement—
(a)ceases to be one to which a transitional order applies, or
(b)ceases to satisfy one or more of the conditions specified in the transitional order,
the transitional period ends on the date when the agreement so ceases.
(5)Before making a transitional order, the Department must consult the Director General of Gas for Northern Ireland and the Director.
(6)The conditions specified in a transitional order may include conditions which refer any matter (which may be the general question whether the Chapter I prohibition should apply to a particular agreement) to the Department for determination after such consultation as may be so specified.