SCHEDULES

SCHEDULE 2Investment contracts

PART 2Regulations: general

Consultation

13

1

Before making regulations the Secretary of State must consult—

a

the Scottish Ministers,

b

the Welsh Ministers,

c

the Department of Enterprise, Trade and Investment, and

d

such other persons as the Secretary of State considers it appropriate to consult.

2

Before making regulations which contain provision falling within paragraph 7, 8 or 14(3), the Secretary of State must also consult electricity suppliers.

3

Before making regulations which contain provision falling within paragraph 9, the Secretary of State must also consult electricity suppliers and any electricity generator who is party to an investment contract.

4

Before making regulations which contain provision falling within paragraph 11 or 12(1)(a), the Secretary of State must also consult the Authority.

5

Before making regulations which contain provision falling within paragraph 12(1)(a), the Secretary of State must also consult any person who is a holder of a licence under section 6(1)(d) of EA 1989.

6

Before making regulations which contain provision falling within paragraph 12(1)(b), the Secretary of State must also consult the Northern Ireland Authority for Utility Regulation and any person who is a holder of a licence under Article 10(1)(c) of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)).

7

If regulations impose requirements by virtue of paragraph 10(2), the Secretary of State must before making the regulations also consult any person upon whom a requirement is imposed.

8

The requirement to consult may be satisfied by consultation before, as well as consultation after, the passing of this Act.