Energy Act 2004

1 (1) Before the commencement of section 136, the Secretary of State shall make a scheme in relation to existing transmission licences. E+W+S

(2) A scheme under this paragraph shall provide for each licence to which it relates to have effect on and after such date as the scheme may provide—

(a) as a licence under section 6(1)(b) of the 1989 Act as amended by Chapter 1 of Part 3 of this Act, and

(b) with the inclusion of such provision under section 6(6A) of that Act as the scheme may provide.

(3) Subject to sub-paragraph (4), a scheme under this paragraph shall provide that the conditions which by virtue of section 137(3) are standard conditions for the purposes of transmission licences are incorporated by reference in each licence to which the scheme relates (in place of the existing standard conditions of that licence).

(4) A scheme under this paragraph may provide that each licence to which it relates shall have effect with such incidental, consequential and supplementary modifications as appear to the Secretary of State to be necessary or expedient.

(5) Modifications under sub-paragraph (4) may relate to—

(a) the terms of a licence, or

(b) the conditions of a licence (including the standard conditions which would otherwise be incorporated by virtue of sub-paragraph (3)).

(6) A scheme under this paragraph may—

(a) make such transitional provision as appears to the Secretary of State to be necessary or expedient;

(b) make different provision for different cases.

(7) As soon as practicable after making a scheme under this paragraph, the Secretary of State shall publish the text of each licence to which the scheme relates as it has effect by virtue of the scheme.

(8) Any text so published shall be treated as authoritative unless the contrary is shown.

(9) The Secretary of State may change the date on which a scheme under this paragraph is to come into operation.

Commencement Information

I1 Sch. 17 para. 1 in force at 24.8.2004 by S.I. 2004/2184, art. 2(1), Sch. 1