Gas Regulation Act 2013

Transfers to energy company after transfer date

27. (1) At any time before the disposal date,BGÉ may, subject to the approval of the Minister and with the consent of the Minister for Public Expenditure and Reform, enter into an agreement in writing with an energy company for the transfer from BGÉ to the energy company of any assets, licences, rights and liabilities and staff, where both, or either of, BGÉ and the Minister is of the opinion that such assets, licences, rights and liabilities or staff should have been specified in the transfer plan.

(2) The Minister shall not approve an agreement under this section unless he or she is satisfied that the agreement provides only for the transfer of assets, licences, rights and liabilities and staff that are necessary for, or ancillary to, the purposes of the transfer to that company of all, or part, of the energy business.

(3) An agreement under this section takes effect on the date on which it is approved by the Minister, with the consent of the Minister for Public Expenditure and Reform or on such later date as may be specified in, or determined in accordance with, the agreement and any assets, licences, rights or liabilities or staff to be transferred under the agreement are transferred on that date.

(4) An agreement under this section does not affect the terms and conditions of employment of any employee unless such employee agrees to the proposed change.