The Electricity (Extension of Transitional Period for Property Schemes) Order 2013

Statutory Instruments

2013 No. 968

Electricity

The Electricity (Extension of Transitional Period for Property Schemes) Order 2013

Made

22nd April 2013

Laid before Parliament

25th April 2013

Coming into force

19th May 2013

The Secretary of State makes the following Order in exercise of the powers conferred by section 6E (property schemes in respect of offshore transmission licences) of, and paragraph 5(3) of Schedule 2A to, the Electricity Act 1989(1).

In accordance with paragraph 5(6), (7) and (8) of that Schedule the Secretary of State has given notice of the proposal to make this Order. No representations in respect of the proposal have been made.

(1)

1989 c.29; Schedule 2A was inserted by section 44(4) of and Schedule 2 to the Energy Act 2008 (c.32) and brought into effect by section 6E (property schemes in respect of offshore transmission licences) of the Electricity Act 1989. Schedule 2A enables the Authority, in certain circumstances, to make a scheme transferring property, rights and liabilities from the existing owner to the successful bidder for an offshore transmission licence (a “property scheme”). Paragraph 5(1) of Schedule 2A sets out that no application may be made for a property scheme after the end of the transitional period, and paragraph 5(2) defines the transitional period as, subject to paragraph 5(3), the period of 4 years beginning with the day on which section 92 of the Energy Act 2004 comes into force. Section 92 of the Energy Act 2004 was brought into force on 20 May 2009 by article 2 of the Energy Act 2004 (Commencement No. 9) Order 2009 (SI 2009/1269). Paragraph 5(3) of Schedule 2A empowers the Secretary of State to extend the transitional period by order before it ends. By virtue of paragraph 5(5) of Schedule 2A, as amended by section 104(3) of the Energy Act 2011 (c.16), the total transitional period in any case must not exceed 16 years.