Transmission owner and distribution network owner of last resort

36A

1

Before directing the holder of a transmission licence to act as a transmission owner of last resort pursuant to the conditions of the licence, the Authority may publish a notice—

a

stating that it proposes to give the direction, and

b

identifying the licence holder to whom it proposes to give the direction.

2

Where a notice is published under sub-paragraph (1), this Schedule has effect as if—

a

the licence holder is the preferred bidder in relation to a tender exercise, and

b

the notice is one published under paragraph 35(2), identifying the licence holder as the preferred bidder.

3

Paragraph 35(4) applies in relation to a notice published under sub-paragraph (1) of this paragraph as it applies to a notice published under paragraph 35(2).

4

Where the Authority directs the holder of a transmission licence to act as a transmission owner of last resort pursuant to the conditions of the licence, this Schedule has effect as if—

a

the licence holder is the holder of a transmission licence granted as a result of a tender exercise in which the licence holder was the successful bidder, and

b

a notice has been published under paragraph 36 identifying the licence holder as the successful bidder in relation to the tender exercise.

36B

1

Before directing the holder of a distribution licence to act as a distribution network owner of last resort pursuant to the conditions of the licence, the Authority may publish a notice—

a

stating that it proposes to give the direction, and

b

identifying the licence holder to whom it proposes to give the direction.

2

Where a notice is published under sub-paragraph (1), this Schedule has effect as if—

a

the licence holder is the preferred bidder in relation to a tender exercise, and

b

the notice is one published under paragraph 35(2), identifying the licence holder as the preferred bidder.

3

Paragraph 35(4) applies in relation to a notice published under sub-paragraph (1) of this paragraph as it applies to a notice published under paragraph 35(2).

4

Where the Authority directs the holder of a distribution licence to act as a distribution network owner of last resort pursuant to the conditions of the licence, this Schedule has effect as if—

a

the licence holder is the holder of a distribution licence granted as a result of a tender exercise in which the licence holder was the successful bidder, and

b

a notice has been published under paragraph 36 identifying the licence holder as the successful bidder in relation to the tender exercise.