§ 41.—(1) This paragraph applies to any holder of an existing supply licence under section 6(1)(c) or (2) ("the supplier") who has made a transfer scheme under paragraph 2 which has been approved by the Secretary of State.
§ (2) As soon as practicable after the date specified in the Secretary of State's direction under paragraph 2(1) and in any event before the day on which section 6(2) of the 1989 Act (as substituted by section 29) comes into force, the Secretary of State shall make a scheme providing—
- (a) for the supplier's existing supply licence to have effect as mentioned in paragraph 1(2); and
- (b) if the supplier has nominated an associate or associates for either or both of the purposes of paragraph 1(6), for either or both of his existing generation and transmission licences to have effect as mentioned in paragraph 1(5).
§ (3) In making a scheme under this paragraph, the Secretary of State shall have regard to the provisions of the supplier's transfer scheme.
§ (4) In this paragraph "existing", in relation to a licence, means in force immediately before the passing of this Act.
§ 4J.—(1) The Secretary of State shall as soon as practicable after the passing of this Act make a scheme providing for existing licences under section 6(1)(c) which—
- (a) are held by a person whose activities include both of those mentioned in paragraph 1(1); and
- (b) are not the subject of a scheme under paragraph 41.
- (a) a distribution licence and a supply licence, each granted to the holder of the existing licence;
- (b) a distribution licence; or
- (c) a supply licence.
§ (2) In this paragraph "existing", in relation to a licence, means in force immediately before the date mentioned in subparagraph (1).
§ 4K.—(1) The Secretary of State shall as soon as practicable after the passing of this Act make a scheme, in relation to existing licences under section 6(1)(c) other than licences which—
- (a) are the subject of a scheme under paragraph 41; or
- (b) fall within paragraph 4J(1),
§ (2) In this paragraph "existing", in relation to a licence, means in force immediately before the date mentioned in sub-paragraph (1).
§ 4L.—(1) The Secretary of State shall as soon as practicable after the passing of this Act make a scheme, in relation to existing licences under section 6(2), providing for each such licence to have effect on and after such date as the scheme may specify as if it were—
- (a) a supply licence under section 6(1)(d); or
- (b) an exemption from section 4(1)(c) of the 1989 Act granted under section 5 of that Act (exemptions from prohibition).
§ (2) In this paragraph "existing", in relation to a licence, means in force immediately before the date mentioned in subparagraph (1).
§ 4M.—(1) Subject to sub-paragraph (2), a scheme under paragraph 4I, 4J, 4K or 4L shall secure that each condition which by virtue of section 32(1) is a standard condition for the purposes of licences of the appropriate type is incorporated in any licence to be treated by virtue of the scheme as a supply licence or a distribution licence and, where the scheme makes the provision mentioned in paragraph 41(2)(b), in any licence to be treated as a generation licence or as a transmission licence.
§ (2) Such a scheme may provide that each licence, and in the case of a scheme under paragraph 4L each exemption, which is to be treated as granted by virtue of the scheme (including both the terms and conditions of the licence or exemption which are derived from the existing licence and, in the case of a licence, the standard conditions which would otherwise he incorporated by virtue of sub-paragraph (1)) shall have effect with—
- (a) such incidental, consequential and supplementary amendments as appear to the Secretary of State to be necessary or expedient; and
- (b) such other amendments (if any) as may be agreed between the Secretary of State and the holder of the existing licence from which the licence or exemption is derived.
§ (3) Such a scheme may—
- (a) make such transitional provision as appears to the Secretary of State to be necessary or expedient; and
- (b) make different provision for different cases or classes of cases determined by, or in accordance with, the provisions of the scheme.
§ (4) As soon as practicable after making such a scheme the Secretary of State shall publish, as respects each different case or class of case—
- (a) the text of each licence which is to be treated as a licence granted by virtue of the scheme; and
- (b) in the case of a scheme under paragraph 4L, the text of any exemption which is to be treated as granted by virtue of the scheme.
§ (5) Any text so published shall be treated as authoritative unless the contrary is shown.