Electricity Regulations (Northern Ireland) 2007

Property Arrangements Schemes

14.—(1) The Authority may, on application made under regulation 13, make a scheme providing for—

(a) the transfer to a nominated associate of, or

(b) the creation in favour of the nominated associate of

any rights in relation to, property, rights or liabilities of, the nominating licensee.

(2) A scheme under sub-paragraph (1) (“a property arrangements scheme”) may also contain—

(a) provision for the creation, in relation to property which the scheme transfers, of an interest in or right over the property in favour of the nominating licensee;

(b) provision for the creation of any rights or liabilities as between the nominating licensee and the nominated associate;

(c) provision for imposing on the nominating licensee or any nominated associate an obligation to enter into a written agreement with, or to execute an instrument of another kind in favour of, the other;

(d) supplemental, incidental and consequential provisions.

(3) The property, rights or liabilities which may be transferred by a property arrangements scheme include property, rights or liabilities which would not otherwise be capable of being transferred.

(4) If a property arrangements scheme provides for the division of an estate in land and any rent is—

(a) payable in respect of the estate under a lease, or

(b) charged on the estate,

the scheme may contain provision for apportionment or division so that one part is payable in respect of, or charged on, only one part of the estate and the other part is payable in respect of, or charged on, only the other part of the estate.

(5) A property arrangements scheme that contains provision which adversely affects a third party may also contain provision requiring the nominating licensee or the nominated associate to pay the third party compensation.