The Electricity (Restrictive Trade Practices Act 1976) (Exemptions) Order 1996

• Citation: S.I. 1996/1327
• Sections: 399

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Electricity (Restrictive Trade Practices Act 1976) (Exemptions) Order 1996 and shall come into force on 10th June 1996.

(2) In this Order—

“the 1976 Act ” means the Restrictive Trade Practices Act 1976 and “agreement”, “information provision” and “restriction” have the same meaning as in that Act;

“the 1989 Act ” means the Electricity Act 1989; and

“ the Department ” means the Department of Trade and Industry.

Section 2 Exemptions from the 1976 Act

(1) The agreement specified in paragraph (2) below is specified as an agreement to which, by virtue of section 100(2) of the 1989 Act, the 1976 Act does not apply and is deemed never to have applied.

(2) The specified agreement is the agreement effective from 1st April 1996, relating to the generation and supply of nuclear generated electricity by AGR & PWR Co. Limited (now named Nuclear Electric Limited) and Scottish Nuclear Limited, as subsidiaries of British Energy plc, independently from Nuclear Electric plc (now named Magnox Electric plc) and comprising the agreements specified in Schedule 1 to this Order.

(3) Any agreement which is of the description specified in paragraph (4) below and which satisfies the condition specified in paragraph (5) below is an agreement to which, by virtue of section 100(2) of the 1989 Act, the 1976 Act does not apply and is deemed never to have applied.

(4) The specified description is any agreement which constitutes a variation of or an amendment to the agreement specified in paragraph (2) above or which constitutes a variation of or an amendment to any agreement to which this paragraph applies.

(5) The condition referred to in sub-paragraph (3) above is that —

(a) it does not add to or extend any restrictions or information provisions contained in the agreement which it varies or amends; or

(b) it is a variation of or an amendment to an agreement specified in paragraphs 5 to 132 and 282 to 287 of Schedule 1; or

(c) it is in the terms of a draft of which a copy is provided to the Department before the date on which the agreement is made; or

(d) it contains a provision that any restrictions or information provisions which it contains or any provision adding to or extending any restrictions or information provisions contained in the agreement which it varies or amends shall not take effect or shall cease to have effect—

(i) if a copy of the agreement is not provided to the Department within 28 days of the date on which the agreement is made, or

(ii) if, within 28 days of the provision of the copy, the Department gives notice of objection to the party providing it.

Section 1

The agreement entitled Composite Restructuring Agreement between Her Majesty’s Secretary of State for Trade and Industry, Her Majesty’s Secretary of State for Scotland, Nuclear Electric plc, British Energy plc, AGR & PWR Co. Limited and Scottish Nuclear Limited.

Section 2

The agreement entitled Agreement for the Sale and Purchase of Part of the Business and Assets of Nuclear Electric plc between Nuclear Electric plc and AGR & PWR Co. Limited.

Section 3

The agreement entitled Claims Handling Agreement between AGR & PWR Co. Limited, Nuclear Electric plc and Scottish Nuclear Limited.

Section 4

Deed concerning Payment of monies upon the disposal or deemed disposal of various properties between British Energy plc and Her Majesty’s Secretary of State for Trade and Industry.

Section 5

Agecroft Training Centre, Agecroft Road, Swinton, Manchester.

Section 6

Barnwood Rd and Barnett Way, Barnwood, Glos.

Section 7

100 Barnwood Fields, Barnett Way, Barnwood, Gloucester (leasehold).

Section 8

Cliff Quay Training Centre, Ipswich, Suffolk.

Section 9

90 Sandyhill Lane, Ipswich, Suffolk (adjoining Cliff Quay).

Section 10

Dungeness B Nuclear Power Station, Dungeness, Romney Marsh, Kent including 1 – 11 RNSS Cottages, Romney Marsh, Kent and District Survey Laboratory.

Section 11

Sports and Social Club and converter station, Lydd, Kent.

Section 12

Units 3 – 5, St Oswald’s Industrial Estate, Gloucester.

Section 13

Ground Floor, Alexandra Warehouse, Gloucester Docks, Gloucester.

Section 14

Hartlepool Nuclear Power Stations, Tees Road, Hartlepool, Cleveland and 2 transfers of mines and minerals.

Section 15

District Survey Lab, Unit 9, Hunter’s House Estate, Tofts Road East, Hartlepool.

Section 16

Press Briefing Centre and Operational Support Centre and adjoining land at North Tees, Middlesborough, Cleveland.

Section 17

Heysham 1 & 2 Nuclear Power Stations, Heysham, Morecombe, Lancashire.

Section 18

Heysham Sports and Social Club.

Section 19

Operational Support Centre, Caton Road, Lancaster.

Section 20

Hinkley Point B (and C) Nuclear Power Station, Hinkley Point, Bridgwater, Somerset and agricultural land.

Section 21

Land adjacent to Hinkley Point B power station, Bridgwater, Somerset, if first sold to Vendor.

Section 22

District laboratory, Combwich District Lab and RORO berth, Combwich, Sedgemoor, Somerset.

Section 23

Land at Combwich Wharf (Dolphins), Sedgemoor, Somerset.

Section 24

Hinkley Point Sports and Social Club, Marsh Lane Huntsworth Bridgwater.

Section 25

Stone Barn, Brookside Road, Combwich, Somerset.

Section 26

The Island, W Huntspill, Somerset.

Section 27

Unit 5 Longridge Industrial Estate, Mobberley Road, Knutsford, Cheshire.

Section 28

123 Pall Mall, London SW1 between Nuclear Electric plc and British Energy plc.

Section 29

Ground and part Basement and part Mezzanine Floors, 123 Pall Mall, London SW1 between Nuclear Electric plc and British Energy plc.

Section 30

Flat 7, 1 – 2 Bramham Gardens, London SW5 between Nuclear Electric plc and British Energy plc.

Section 31

3 Rembrandt Close, Graham Terrace, London SW1.

Section 32

The Lunesdale Suite, Ground Floor apartment, the Hermitage, Crook of Lune, Lancaster, Lancashire.

Section 33

15 Brookmead, Thornbury, Avon.

Section 34

1 Finch Close, Thornbury, Avon.

Section 35

21 Primrose Drive, Thornbury, Avon.

Section 36

Sizewell B Nuclear Power Station and land adjoining to the north, Sizewell, Leiston, Suffolk.

Section 37

Land on the north and south sides of Sandy Lane, Leiston, Suffolk.

Section 38

Sizewell District Survey Laboratory, Lovers Lane, Leiston, Suffolk.

Section 39

Sizewell B Stores Masterlord Industrial Estate, Leiston, Suffolk.

Section 40

Sizewell Sports and Social Club, King George’s Avenue, Leiston, Suffolk.

Section 41

Land at Coldfair Green adjoining Judith Avenue, Knodishall, Suffolk.

Section 42

Mount Pleasant Farm, Dunwich, Suffolk.

Section 43

1 Rosery Cottages, Sandy Lane, Sizewell, Suffolk.

Section 44

2 Rosery Cottages, Sandy Lane, Sizewell, Suffolk.

Section 45

The Common Farmhouse, Leiston, Suffolk.

Section 46

158 King George’s Avenue, Leiston, Suffolk.

Section 47

4.5 acres of land on the south side of King George’s Avenue, Sizewell, Suffolk.

Section 48

Alde House, Leiston Road, Theberton, Suffolk.