Energy Act 2004

Compensation for transferor in case of a recovery scheme U.K.

12 (1) If the Secretary of State is satisfied in the case of a recovery scheme that it is just to do so he may— U.K.

(a) pay compensation to the transferor in respect of property or rights of which he is deprived in accordance with the scheme; or

(b) direct the NDA to pay such compensation.

(2) No compensation shall be payable under this paragraph to the relevant contractor.

(3) Where compensation is paid under this paragraph and the Secretary of State so directs, so much of the compensation as may be specified in the direction may be recovered by him or (as the case may be) by the NDA from the relevant contractor.

(4) The amount of any compensation under this paragraph shall be determined by the Secretary of State.

(5) A dispute as to—

(a) whether any compensation is to be paid under this paragraph,

(b) the person to or by whom it is to be paid, or

(c) the amount to be paid by any person,

shall be referred to and determined by the person mentioned in sub-paragraph (6).

(6) That person is—

(a) where the claimant requires the matter to be determined in England and Wales or in Northern Ireland, an arbitrator appointed by the Lord Chancellor; and

(b) where the claimant requires the matter to be determined in Scotland, an arbiter appointed by the Lord President of the Court of Session.

(7) This paragraph shall have effect in relation to—

(a) the provisions of an agreement or instrument entered into or executed in pursuance of an obligation imposed in a recovery scheme, and

(b) the provisions of a modification agreement relating to property, rights and liabilities transferred or created in accordance with a recovery scheme,

as it has effect in relation to the scheme.

Commencement Information

I1 Sch. 5 para. 12 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1