Energy Act (Northern Ireland) 2011

• (3) Where a notice is issued under this paragraph in relation to an energy transfer scheme, as from the modification time, the scheme shall for all purposes be treated as having taken effect, at the time appointed for the purposes of paragraph 3(4), with the modifications made by the notice.

• (4) Those modifications may make—

• (a) any provision that could have been included in the scheme when it took effect at the time appointed for the purposes of paragraph 3(4); and

• (b) transitional provision in connection with provision falling within paragraph (a).

• (5) In deciding whether to modify an energy transfer scheme, the Department must have regard, in particular, to—

• (a) the public interest; and

• (b) the effect the modification is likely to have (if any) upon the interests of third parties.

• (6) Before modifying an energy transfer scheme that has taken effect, the Department must consult the Authority.

• (7) The old energy company and the new energy company each have a duty to provide the Department with all information and other assistance that it may reasonably require for the purposes of, or in connection with, the exercise of the powers conferred on it by this paragraph.

Transfers in the case of non-NI companies

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Where the old energy company is a non-NI company, the property, rights and liabilities of that company which may be transferred by an energy transfer scheme, or in relation to which interests, rights or liabilities may be created by such a scheme, are confined to—

• (a) property of the old energy company in Northern Ireland;

• (b) rights and liabilities arising in relation to any such property; and

• (c) rights and liabilities arising in connection with the affairs and business of the company so far as carried on in Northern Ireland.

Provision relating to foreign property etc.

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• (1) Where there is a transfer in accordance with an energy transfer scheme of—

• (a) any foreign property, or

• (b) a foreign right or liability,

the old energy company and the new energy company must each take all requisite steps to secure that the vesting of the foreign property, right or liability in the new energy company is effective under the relevant foreign law.

• (2) Until the vesting of the foreign property, right or liability in the new energy company in accordance with the energy transfer scheme is effective under the relevant foreign law, the old energy company must—

• (a) hold the property or right for the benefit of the new energy company; or

• (b) discharge the liability on behalf of the new energy company.

• (3) The old energy company must comply with any directions given to it by the new energy company in relation to the performance of the obligations under sub-paragraphs (1) and (2) of the old energy company.

• (4) Nothing in sub-paragraphs (1) to (3) prejudices the effect under the law of Northern Ireland of the vesting of a foreign property, right or liability in the new energy company in accordance with an energy transfer scheme.

• (5) Where—

• (a) any foreign property, right or liability is acquired or incurred in respect of any other property, right or liability by a company, and

• (b) by virtue of this paragraph, the company holds the other property or right for the benefit of the new energy company or is required to discharge the liability on behalf of the new energy company,

the property, right or liability acquired or incurred shall immediately become the property, right or liability of the new energy company.

• (6) The provisions of sub-paragraphs (1) to (5) shall have effect in relation to foreign property, rights or liabilities transferred to the new energy company under sub-paragraph (5) as they have effect in the case of property, rights and liabilities transferred in accordance with an energy transfer scheme.

• (7) References in this paragraph to foreign property, or to a foreign right or liability, are references to any property, right or liability as respects which an issue arising in any proceedings would be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside Northern Ireland.

• (8) Expenses incurred under this paragraph by a company as the company from which anything is transferred shall be met by the new energy company.

• (9) An obligation imposed under this paragraph in relation to property, rights or liabilities shall be enforceable as if contained in a contract between the old energy company and the new energy company.

Application of Schedule to transfers to subsidiaries

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Where the proposed transfer falling within subsection (3) of section 18 is a transfer of the kind mentioned in subsection (4)(a) of that section, this Schedule shall have effect in relation to that transfer as if—

• (a) paragraph 3(1)(a) were omitted; and

• (b) paragraph 3(6) had effect with “the old energy company has consented may be made” substituted for the words from “both” onwards.

Interpretation

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In this Schedule—

• “energy transfer scheme” has the meaning given by paragraph 3(1);

• “new energy company” has the meaning given by paragraph 1;

• “old energy company” has the meaning given by paragraph 1;

• “third party”, in relation to an energy transfer scheme or any modification of such a scheme, means a person who is neither—the old energy company; northe new energy company.

Standards of performance in individual cases

Damage to gas plant

Energy administration orders

Applications for energy administration orders

Editorial notes

[^c22526971]: S. 2(1)(a) substituted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 9(2)

[^c22526991]: Words in s. 2(3) substituted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 9(3)

[^c22527011]: S. 2(3A)(3B) inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 9(4)

[^c22527071]: S. 17(5): words in definition of "relevant licence" inserted (15.4.2011) by Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 89

[^c22526961]: S. 36(1) power partly exercised: 21.3.2011 appointed for specified provisions by S.R. 2011/95, art. 2(1)

[^key-fa6015168f77d48015ce54135495c68d]: Ss. 19-33: power to apply (with modifications) conferred (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(l), Sch. 18 para. 50

[^key-7d83b5ed89927146f3f963ce7233654d]: S. 35: power to apply (with modifications) conferred (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(l), Sch. 18 para. 50

Interpretation