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71.—(1) A transfer scheme shall not take effect unless it is approved by the Department; and the Department may modify such a scheme before approving it.
(2) If, in relation to a transfer scheme—
(a)Northern Ireland Electricity fails, before the date specified in the Department’s direction under Article 69(1), to submit the scheme for the approval of the Department; or
(b)the Department decides not to approve the scheme that has been submitted to the Department by Northern Ireland Electricity (either with or without modifications),
the Department may make the scheme.
(3) It shall be the duty of Northern Ireland Electricity to provide the Department with all such information and other assistance as the Department may require for the purposes of or in connection with the exercise, in relation to a transfer scheme, of any power conferred on the Department by paragraph (1) or (2).
(4) The Department shall not exercise any power conferred on the Department by paragraph (1) or (2) except after consultation with Northern Ireland Electricity.
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