[10F The ownership unbundling requirement]
Electricity Act 1989 (1989 c 29) | Legislation

[10F  The ownership unbundling requirement]

[(1)     In section 10E(3) the ownership unbundling requirement is met by an applicant for certification if [in relation to each of the five tests below—

(a)     the Authority thinks that it is passed, or

(b)     it is treated as passed by virtue of subsection (7), (9) or (9A)].

(2)     The first test is that the applicant—

(a)     does not control a relevant producer or supplier;

(b)     does not have a majority shareholding in a relevant producer or supplier; and

(c)     will not, on or after the relevant date, exercise shareholder rights in relation to a relevant producer or supplier.

(3)     For the purposes of subsection (2)(c), the Authority is entitled to think that the applicant will not exercise shareholder rights if the applicant has given an undertaking not to exercise those shareholder rights.

(4)     The second test

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