SCHEDULE 7 Transitional provisions and savings
Part I Separation of electricity supply and distribution
Application and purpose of Part I
1
(1)
This paragraph applies to any holder of an existing supply licence under section 6(1)(c) or (2) of the 1989 Act whose activities, immediately before the passing of this Act, include both—
(a)
the supply of electricity to premises; and
(b)
the distribution of electricity for the purpose of giving a supply to premises or enabling a supply to be so given.
(2)
This Part of this Schedule has effect for the purpose of enabling the existing supply licence held by such a licence holder to have effect as if it were a distribution licence under section 6(1)(c) and a supply licence under section 6(1)(d), each granted to different persons.
(3)
Those persons must be—
(a)
the licence holder and one of his associates nominated for the purpose of holding whichever of the licences mentioned in sub-paragraph (2) is not to be retained by the licence holder; or
(b)
any two associates of the licence holder nominated by him for the purpose of holding those licences.
(4)
If immediately before the passing of this Act a person to whom this paragraph applies holds two or more existing supply licences, sub-paragraph (2) applies in relation to such one or more of those licences as the licence holder may, with the approval of the Secretary of State, nominate.
(5)
If immediately before the passing of this Act a person to whom this paragraph applies—
(a)
generates electricity in pursuance of an existing generation licence; and
(b)
transmits electricity in pursuance of an existing transmission licence,
the provisions of this Part of this Schedule also have effect, if that person makes either or both of the nominations mentioned in sub-paragraph (6), for either or both of the purposes mentioned in sub-paragraph (6)(a) and (6)(b).
(6)
Those purposes are securing that—
(a)
the licence holder’s existing generation licence has effect as if it were a generation licence granted to an associate of his nominated by him for the purpose; and
(b)
the licence holder’s existing transmission licence has effect as if it were a transmission licence granted to an associate of his nominated by him for the purpose.
(7)
The same associate may not be nominated both for the purpose of sub-paragraph (6)(a) and for the purpose of sub-paragraph (3)(a) or (b) or (6)(b).