The Utilities Act 2000 (Commencement No. 6 and Transitional Provisions ) Order 2001

Transitional provisions

3.—(1) This article applies where—

(a)before the appointed day an application has been made under section 6(3)(1) of the Electricity Act for the grant or extension of a licence; and

(b)the application has not been determined before the appointed day

and in this article such an application shall be referred to as a “continuing application”.

(2) Subject to the following provisions of this article, a continuing application shall have effect on and after the appointed day as if it were an application made to the Authority for, as the case may be,—

(a)a generation licence to be granted under section 6(1)(a) of the Electricity Act;

(b)a transmission licence to be granted under section 6(1)(b) of the Electricity Act;

(c)a supply licence to be granted under section 6(1)(d) of the Electricity Act; or

(d)an extension of a supply licence to be granted under section 6(4) of the Electricity Act

and in each of sub-paragraphs (a) to (d) above the reference to section 6 of the Electricity Act shall be a reference to that section as substituted by section 30.

(3) On and after the appointed day sections 6 (as substituted by section 30) and 7(2) (as amended by section 32) of the Electricity Act shall apply to any licence granted or extended in pursuance of a continuing application.

(4) Subject to paragraph (5) below, on and after the appointed day sections 6A and 6B of the Electricity Act (as substituted by section 30) shall apply to any continuing application.

(5) On and after the appointed day section 6(3), (4) and (5) of the Electricity Act shall apply to a continuing application as if, notwithstanding the commencement by this Order of any provision of the Act, they had not been replaced.