Paragraph 2

(1)

Any agreement under which a licence holder or an exempted person agrees to provide to one or more persons any one or more of the following:–

(a)

a supply of electricity;

(b)

distribution, transmission or connection facilities relating to a supply of electricity; or

(c)

services relating to a supply of electricity or to any of the facilities referred to in sub-paragraph (1)(b) above.

(2)

The condition which must be satisfied by an agreement of a description set out in sub-paragraph (1) above is that, except for any term of which, for the purpose of determining whether the agreement is one to which the 1976 Act applies, no account is to be taken by virtue of any provision of that Act or of the 1977 Act or of any instrument made under either of those Acts–

(a)

the only restrictions or information provisions contained in the agreement are one or more of the following restrictions or provisions–

(i)

restrictions or provisions of a kind referred to in paragraph 1(2)(a) of this Schedule, or

(ii)

restrictions or provisions relating exclusively to goods or services supplied in pursuance of the agreement; or

(b)

the only restrictions or information provisions contained in the agreement, other than restrictions or provisions of a kind referred to in sub-paragraph (2)(a) above, are restrictions or provisions accepted or made only–

(i)

by parties to the agreement to whom goods or services are supplied pursuant to the agreement, and

(ii)

as between one or more of the persons referred to in (i) above on the one hand and the person by whom goods or services are supplied pursuant to the agreement on the other.