Paragraph 36B F1F2
Before directing the holder of a distribution licence to act as a distribution network owner of last resort pursuant to the conditions of the licence, the Authority may publish a notice—
stating that it proposes to give the direction, and
identifying the licence holder to whom it proposes to give the direction.
Where a notice is published under sub-paragraph (1), this Schedule has effect as if—
the licence holder is the preferred bidder in relation to a tender exercise, and
the notice is one published under paragraph 35(2), identifying the licence holder as the preferred bidder.
Paragraph 35(4) applies in relation to a notice published under sub-paragraph (1) of this paragraph as it applies to a notice published under paragraph 35(2).
Where the Authority directs the holder of a distribution licence to act as a distribution network owner of last resort pursuant to the conditions of the licence, this Schedule has effect as if—
the licence holder is the holder of a distribution licence granted as a result of a tender exercise in which the licence holder was the successful bidder, and
a notice has been published under paragraph 36 identifying the licence holder as the successful bidder in relation to the tender exercise.
Annotations
Textual amendments
- F1
Sch. 2A inserted (20.5.2009) by Energy Act 2008 (c. 32), ss. 44(4), 110(2), Sch. 2; S.I. 2009/1270, art. 2
- F2
Sch. 2A paras. 36A, 36B and cross-heading inserted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(i), Sch. 15 para. 23