39.—(1) The Department may by order provide—
(a)that specified activities are to become licensable activities; or
(b)that specified activities are to cease to be licensable activities.
(2) Schedule 2 has effect in relation to the making of an order under this Article.
(3) For the purposes of—
(a)this Article; and
(b)Schedule 2 so far as applying in relation to the making of an order under this Article,
activities are licensable activities if undertaking them without the authority of a licence or exemption constitutes an offence under Article 8 of the Electricity Order.
(4) An order under this Article may make consequential, transitional, incidental or supplementary provision including amendments or repeals in any provision of this Order or any other statutory provision.
(5) An order under this Article may only provide for activities to become licensable activities if they are activities connected with the generation, transmission [F1, distribution] or supply of electricity.
(6) An order under this Article may provide that it is to remain in force only for a period specified in the order.
F1Words in art. 39(5) inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 34(c)