Gas Regulation Act 2013

SCHEDULE 1 Transfer of Assets, Licences, Rights and Liabilities of BGÉ, and of Gaslink, to Network Company

SCHEDULE 1

Transfer of Assets, Licences, Rights and Liabilities of BGÉ, and of Gaslink, to Network Company

Section 16(a).

Transfer of ownership of certain assets and licences of BGÉ, and of Gaslink, to network company

1. (1) The ownership of those assets and licences of BGÉ, and of Gaslink, specified in the network transfer plan approved by the Minister under section14 is, by virtue of this paragraph, vested in the network company without the need for any conveyance, transfer, assignment or assurance.

(2) All legal proceedings relating to the assets and licences referred to in subparagraph (1) begun before the network transfer date by or against BGÉ or by or against Gaslink and pending immediately before that date are taken to be legal proceedings pending by or against the network company.

(3) Any act, matter or thing done or omitted to be done in relation to the assets and licences referred to in subparagraph (1) before the network transfer date by, to, or in respect of, BGÉ or Gaslink is (to the extent that that act, matter or thing has any effect) taken to have been done, or omitted to be done, by, to, or in respect of, the network company.

Transfer of certain rights and liabilities of BGÉ, and of Gaslink, to network company

2. (1) The rights and liabilities of BGÉ, and of Gaslink, specified in the transfer plan approved by the Minister under section 14 become the rights and liabilities of the network company.

(2) All legal proceedings relating to the rights or liabilities referred to in subparagraph (1) begun before the transfer date by or against BGÉ or by or against Gaslink and pending immediately before that date are taken to be legal proceedings pending by or against the network company.

(3) Any act, matter or thing done or omitted to be done in relation to the rights or liabilities referred to in subparagraph (1) before the transfer date by, to, or in respect of, BGÉ or Gaslink is (to the extent that that act, matter or thing has any effect) taken to have been done, or omitted to be done, by, to, or in respect of, the network company.

(4) A reference in any Act, statutory instrument or other document to BGÉ or Gaslink, to the extent that it relates to assets, licences, rights or liabilities that are vested in, or transferred to, the network company by the operation of section 16 and this Schedule, is to be read as, or as including, a reference to the network company.

Change of ownership of asset not to be regarded as giving rise to remedy

3. Change in the legal or beneficial ownership of any asset, licence, right or liability because of the operation of this Act and this Schedule becomes binding on all persons even if, apart from this Act, the consent or concurrence of any other person would have been required. Such a change is not to be regarded as giving rise to any right or remedy by a party to any document.

No attornment required in respect of certain leased land

4. If BGÉ or Gaslink is the lessor under any lease of land that becomes vested in the network company by virtue of this Schedule, the lessee is not required to attorn to the network company.

Stamp duty not chargeable

5. Stamp duty under the Stamp Duties Consolidation Act 1999 is not chargeable in respect of the vesting or transfer of any asset, licence, right or liability by virtue of this Schedule.

SCHEDULE 2 Transfer of Certain Employees of BGÉ, and of Gaslink, to Network Company

SCHEDULE 2

Transfer of Certain Employees of BGÉ, and of Gaslink, to Network Company

Section 16(b).

Certain BGÉ employees and Gaslink employees transferred to network company on transfer date

1. The employment of those employees of BGÉ, and of Gaslink, who are specified in a transfer plan approved by the Minister under section 14 is transferred to the network company by virtue of this Schedule.

This Schedule not to affect certain matters relating to staff members

2. (1) Subject to this Schedule, each person whose employment is transferred in accordance with paragraph 1 is employed by the network company on terms and conditions no less favourable to that person than those on which the person was employed by BGÉ or by Gaslink immediately before the transfer date.

(2) Nothing in this Schedule has the effect of breaking a person’s contract of employment or continuity of employment for the purpose of applying to the person any other law relating to employment that would, apart from this Schedule, apply to the person. In particular, this Schedule does not affect a person’s accrued rights that the person had immediately before the transfer date in respect of any kind of leave.

Variation of terms and conditions of transferred employees

3. (1) It is a term of employment of each transferred employee that the terms and conditions of that employment may be varied to the extent to which, and in the manner in which, the terms and conditions of the employee’s employment could, immediately before the transfer date, be lawfully varied.

(2) Nothing in this Schedule prevents the terms and conditions of a transferred employee’s employment after the transfer date from being varied—

(a) in accordance with those terms and conditions, or

(b) by or under an applicable law or agreement.

(3) In this paragraph—

“terms and conditions” includes a term existing because of subparagraph (1);

“vary”, in relation to terms and conditions, includes vary by—

(a) omitting any of those terms and conditions,

(b) adding to those terms and conditions, or

(c) substituting new terms or conditions for any of the first-mentioned terms and conditions.

Superannuation arrangements

4. An officer or servant of BGÉ whose employment is transferred to the network company and who was immediately before the transfer, a member of a superannuation scheme established under section 18 of the Gas Act 1976for officers or servants of BGÉ, is entitled to continue to be a member of the scheme in accordance with its terms as are in force from time to time.

SCHEDULE 3 Transfer of Assets, Licences, Rights and Liabilities to Energy Company

SCHEDULE 3

Transfer of Assets, Licences, Rights and Liabilities to Energy Company

Section 26(a).

Transfer of ownership of certain assets and licences to energy company

1. (1) The ownership of those assets and licences specified in the transfer plan approved by the Minister under section 24 is, by virtue of this paragraph, vested in the energy company without the need for any conveyance, transfer, assignment or assurance.

(2) All legal proceedings relating to the assets and licences referred to in subparagraph (1)begun before the transfer date by or against BGÉ, a subsidiary of BGÉ or both and pending immediately before that date (save those expressly excluded in the transfer plan) are taken to be legal proceedings pending by or against the energy company.

Transfer of certain rights and liabilities to energy company

2. (1) The rights and liabilities specified in the transfer plan approved by the Minister under section 24 become the rights and liabilities of the energy company.

(2) All legal proceedings relating to the rights or liabilities referred to in subparagraph (1) begun before the transfer date by or against BGÉ, a subsidiary of BGÉ or both and pending immediately before that date (save those expressly excluded in the transfer plan) are taken to be legal proceedings pending by or against the energy company.

Change of ownership of asset not to be regarded as giving rise to remedy

3. Change in the legal or beneficial ownership of any asset, licence, right or liability because of the operation of this Act and this Schedule becomes binding on all persons even if, apart from this Act, the consent or concurrence of any other person would have been required. Such a change is not to be regarded as giving rise to any right or remedy by a party to any document. No provision of any contract shall operate or become exercisable or be contravened by reason of the enactment or operation of this Act.

No attornment required in respect of certain leased land

4. If BGÉ or a subsidiary of BGÉ is the lessor under any lease of land that becomes vested in an energy company by virtue of this Schedule, the lessee is not required to attorn to the energy company.

Stamp duty not chargeable

5. Stamp duty under the Stamp Duties Consolidation Act 1999 is not chargeable in respect of the vesting or transfer of any asset, licence, right or liability by virtue of this Schedule.

SCHEDULE 4 Transfer of Certain Employees to Energy Company

SCHEDULE 4

Transfer of Certain Employees to Energy Company

Section 26(b).

1. The employment of those employees who are specified in a transfer plan approved by the Minister under section 24 is transferred to the energy company by virtue of this Schedule.

This Schedule not to affect certain matters relating to staff members

2. (1) Subject to this Schedule, each person whose employment is transferred in accordance with paragraph 1 is employed by the energy company on terms and conditions no less favourable to that person than those on which the person was employed immediately before the transfer date.

(2) Nothing in this Schedule has the effect of breaking a person’s contract of employment or continuity of employment for the purpose of applying to the person any other law relating to employment that would, apart from this Schedule, apply to the person. In particular, this Schedule does not affect a person’s accrued rights that the person had immediately before the transfer date in respect of any kind of leave.

Variation of terms and conditions of transferred employees

3. (1) It is a term of employment of each transferred employee that the terms and conditions of that employment may be varied to the extent to which, and in the manner in which, the terms and conditions of the employee’s employment could, immediately before the transfer date, be lawfully varied.

(2) Nothing in this Schedule prevents the terms and conditions of a transferred employee’s employment after the transfer date from being varied—

(a) in accordance with those terms and conditions, or

(b) by or under an applicable law or agreement.

(3) In this paragraph—

“terms and conditions” includes a term existing because of subparagraph (1);

“vary”, in relation to terms and conditions, includes vary by—

(a) omitting any of those terms and conditions,

(b) adding to those terms and conditions, or

(c) substituting new terms or conditions for any of the first-mentioned terms and conditions.

Superannuation arrangements

4. An officer or servant of BGÉ whose employment is transferred to an energy company and who was immediately before the transfer, a member of a superannuation scheme established under section 18 of the Gas Act 1976 for officers or servants of BGÉ, is entitled to continue to be a member of the scheme in accordance with its terms as in force from time to time, until the disposal date in relation to the energy company.