Regulation 10 Financial obligations

United Kingdom

(1)

Where the authority prepares a draft termination notice under regulation 9(2), it must determine the amount and form of financial contribution from the operator that the authority considers will be sufficient to cover the expected post-transfer costs.

(2)

In determining the amount and form of financial contribution, the authority must—

(a)

take into account the factors set out in Article 20(1) of the Directive; and

(b)

consider any representations received from the operator pursuant to paragraph (3).

(3)

The authority must—

(a)

notify the operator of the determination it intends to make;

(b)

in that notification give the operator at least 28 days in which to make written representations to the authority.

(4)

The authority must notify the operator of—

(a)

the authority's determination of the amount and form of the financial contribution; and

(b)

the date by which the financial contribution must be provided to the F1appropriate Minister.

F2(4A)

Where the OGA is the licensing authority in accordance with section 18(2), it must provide to the Secretary of State a copy of any notification given under paragraph (4).

(5)

The operator must provide the financial contribution to the F3appropriate Minister in accordance with the notification made under paragraph (4).

Annotations

Textual amendments

F1: Words in reg. 10(4)(b) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 19(3)(a)
F2: Reg. 10(4A) inserted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 19(3)(b)
F3: Words in reg. 10(5) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 19(3)(c)