F1 SCHEDULES

F2SCHEDULE 2AProperty Schemes

Annotations:
Amendments (Textual)
F2

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

Interpretation

38

1

In this Schedule—

  • “the asset owner”—

    1. a

      in relation to an application for a property scheme, means the owner of the property, rights and liabilities in relation to which provision of a kind mentioned in paragraph 1(2) is proposed to be included in the scheme;

    2. b

      in relation to a property scheme, means the owner of the property, rights and liabilities in relation to which provision of such a kind is included in the scheme;

  • F7construction, commissioning or operational purposes” means the purposes of performing any functions which the successful bidder has, or may in future have under or by virtue of—

    1. a

      a relevant licence which has been, or is to be, granted as a result of the tender exercise,

    2. b

      a relevant contract which has been, or is to be, awarded as a result of the tender exercise, or

    3. c

      any enactment, in the successful bidder’s capacity as holder of the relevant licence or party to the relevant contract;

  • F3...

  • functions” includes powers and duties;

  • modification notice” is to be construed in accordance with paragraph 9;

  • non-applicant party” means—

    1. a

      in the case of an application made by the preferred bidder or the successful bidder, the asset owner, and

    2. b

      in the case of an application made by the asset owner, the successful bidder or, if a notice has not yet been published under paragraph 36, the preferred bidder;

  • F4...

  • preferred bidder”, in relation to a tender exercise, is to be construed in accordance with paragraph 35;

  • property scheme” is to be construed in accordance with paragraph 1;

  • F3...

  • F5successful bidder”, in relation to a tender exercise, has the meaning given by section 6CD(6);

  • F6tender exercise” has the meaning given by section 6CD(3);

  • third party”, in relation to a property scheme or proposed property scheme in connection with a tender exercise, means a person other than the preferred bidder, the successful bidder, or the asset owner.

2

For the purposes of this Schedule, a provision of a property scheme affects a third party if that party's consent or concurrence would be required to the making of the provision otherwise than by means of the scheme.