Modifications etc. (not altering text)
C1Pt. I modified (5.10.2004) by Energy Act 2004 (c. 20), ss. 184(12), 185(13), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1
C2Pt. I modified (S.) (30.11.2005) by The Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2005 (S.S.I. 2005/549), arts. 1(1), 9
C3Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)
C4Pt. I (ss. 1-64) amended (E.W.) (27.10.2000) by S.I. 2000/2727, art. 10
Pt. I (ss. 1-64) amended (7.11.2000) by 2000 c. 27, s. 105(1)(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)
Pt. I (ss. 1-64) amended (E.W.) (1.10.2001) by S.I. 2000/2727, art. 10 (as substituted (1.10.2001) by S.I. 2001/3268, art. 2(13))
Textual Amendments
F1Ss. 10A-10O and cross-heading inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 5
(1)A person must not exercise a shareholder right or a right of appointment if—
(a)the right falls within subsection (2), (3), (4) or (5);
(b)the relevant date in respect of the certified person mentioned in that subsection has been reached;
(c)the exercise of the right would or might lead the certified person to discriminate in favour of the relevant producer or supplier mentioned in that subsection; and
(d)the relevant producer or supplier is a person to whom subsection (6) applies.
(2)A right falls within this subsection if—
(a)it is a shareholder right;
(b)it is held by a person who controls a person certified on the certification ground in section 10E(3); and
(c)it is exercisable in relation to a relevant producer or supplier.
(3)A right falls within this subsection if—
(a)it is a shareholder right;
(b)it is exercisable in relation to a person certified on the certification ground in section 10E(3); and
(c)it is held by a person who controls a relevant producer or supplier.
(4)A right falls within this subsection if—
(a)it is a shareholder right;
(b)the person who holds it appointed a senior officer of a person certified on the certification ground in section 10E(3);
(c)the person appointed continues to hold that office; and
(d)the right is exercisable in relation to an electricity undertaking which is a relevant producer or supplier.
(5)A right falls within this subsection if—
(a)it is a right to appoint a senior officer of a person certified on the certification ground in section 10E(3); and
(b)the person who holds it has, within the immediately preceding period of 3 years, exercised a shareholder right in relation to an electricity undertaking which is a relevant producer or supplier.
(6)This subsection applies to a person if, in order to carry out of some or all of the activity by virtue of which the person is a relevant producer or supplier, the person—
(a)requires a licence under section 6 of this Act, section 7A of the Gas Act 1986 (licensing of gas suppliers and gas shippers) or section 3 of the Petroleum Act 1998 (licences to search and bore for and get petroleum); or
(b)would require such a licence if carrying out the activity in Great Britain.
(7)In this section—
(a)“exercise” means exercise directly or indirectly, and “exercisable” is to be interpreted accordingly; and
(b)“relevant date” means the relevant date for the purposes of section 10A(1) or (3).]