F1 SCHEDULES
F2SCHEDULE 2AProperty Schemes
Scheme-making power
1
1
This paragraph applies where—
a
a tender exercise is held in relation to an offshore transmission licence,
b
any transmission assets have been transferred to the successful bidder or, for operational purposes, it is necessary for any transmission assets to be so transferred, and
c
those assets were not constructed or installed by the successful bidder.
2
The Authority may, on an application under paragraph 3, make a scheme (“a property scheme”) providing for—
a
the transfer to the successful bidder of, or
b
the creation in favour of the successful bidder of rights in relation to,
property, rights or liabilities.
3
In sub-paragraph (1)—
a
“transmission assets” means the transmission system in respect of which the offshore transmission licence is (or is to be) granted or anything which forms part of that system, and
b
the reference to the successful bidder in paragraph (c) includes, if the successful bidder is a body corporate, a reference to any body corporate which was associated with the successful bidder at the time the transmission assets were constructed or installed.
4
Until such time as section 180 of the Energy Act 2004 (meaning of “high voltage line”) comes into force, “transmission system” in sub-paragraph (3)(a) includes a system which, if that section were in force, would be a transmission system.
Sch. 2A inserted (20.5.2009) by Energy Act 2008 (c. 32), ss. 44(4), 110(2), Sch. 2; S.I. 2009/1270, art. 2