Energy Act 2023

Power to make a transfer scheme E+W+S

1 (1) The Secretary of State may make one or more schemes for the transfer of designated property, rights or liabilities from one person to another person—

(a) in preparation for or in connection with the designation of a person under section 162(1), or

(b) for the purpose of enabling the ISOP to carry out any of its functions.

(2) The Secretary of State may, during the period of 7 years beginning with the day on which this Act is passed, make one or more schemes for the transfer of designated property, rights or liabilities from one person to another person in connection with the operation or management of—

(a) a document maintained in accordance with the conditions of a relevant licence, or

(b) an agreement that gives effect to a document so maintained.

(3) In this Schedule

(a) “transfer scheme” means a scheme under either or both of sub-paragraphs (1) and (2);

(b) “transferor”, in relation to a transfer scheme, means a person from whom property, rights or liabilities are or are to be transferred under the scheme;

(c) “transferee”, in relation to a transfer scheme, means a person to whom property, rights or liabilities are or are to be transferred under the scheme.

(4) In this Part of this Schedule—

(a) “designated”, in relation to a transfer scheme, means specified in or determined in accordance with the scheme;

(b) “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246);

(c) references to property are to property situated in the United Kingdom or elsewhere;

(d) references to the transfer of property include the grant of a lease;

(e) references to rights and liabilities—

(i) are references to rights and liabilities of any kind, arising (in any way or at any time) under the law of a part of Great Britain or of a place outside Great Britain;

(ii) include rights and liabilities arising under or by virtue of an enactment.

Commencement Information

I1 Sch. 9 para. 1 in force at Royal Assent, see s. 334(2)(h)(ii)