Part IU.K. ELECTRICITY SUPPLY

Modifications etc. (not altering text)

C4Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)

C5Pt. I (ss. 1-64) amended (E.W.) (27.10.2000) by S.I. 2000/2727, art. 10

Pt. I (ss. 1-64) amended (7.11.2000) by 2000 c. 27, s. 105(1)(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

Pt. I (ss. 1-64) amended (E.W.) (1.10.2001) by S.I. 2000/2727, art. 10 (as substituted (1.10.2001) by S.I. 2001/3268, art. 2(13))

Modification of licencesE+W+S

F111 Modification by agreement.E+W+S

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Textual Amendments

[F2[F311A Modification of conditions of licencesE+W+S

(1)The Authority may make modifications of—

(a)the conditions of a particular licence;

(b)the standard conditions of licences of any type mentioned in section 6(1).

(2)Before making any modifications under this section, the Authority must give notice—

(a)stating that it proposes to make modifications;

(b)setting out the proposed modifications and their effect;

(c)stating the reasons why it proposes to make the modifications; and

(d)specifying the time within which representations with respect to the proposed modifications may be made.

(3)The time specified by virtue of subsection (2)(d) may not be less than 28 days from the date of the publication of the notice.

(4)A notice under subsection (2) must be given—

(a)by publishing the notice in such manner as the Authority considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the modifications, and

(b)by sending a copy of the notice to—

(i)each relevant licence holder,

(ii)the Secretary of State, F4...

(iii)[F5Citizens Advice, and

(iv)[F6Consumer Scotland].]

(4A)The Authority must consider any representations which are duly made.]

(5)If, within the time specified [F7by virtue of subsection (2)(d)], the Secretary of State directs the Authority not to make any modification, the Authority shall comply with the direction.

[F8(6)Subsections (7) to (9) apply where, having complied with subsections (2) to (4A), the Authority decides to proceed with the making of modifications of the conditions of any licence under this section.

(7)The Authority must—

(a)publish the decision and the modifications in such manner as it considers appropriate for the purpose of bringing them to the attention of persons likely to be affected by the making of the modifications,

(b)state the effect of the modifications,

(c)state how it has taken account of any representations duly made, and

(d)state the reason for any differences between the modifications and those set out in the notice by virtue of subsection (2)(b).

(8)Each modification has effect from the date specified by the Authority in relation to that modification (subject to the giving of a direction under paragraph 2 of Schedule 5A).

(9)The date specified by virtue of subsection (8) may not be less than 56 days from the publication of the decision to proceed with the making of modifications under this section [F9, except as provided in section 11AA].

[F10(9A)This section does not apply to the modification of a licence in exercise of the power under section 6CC(5)(a) (modification of licence to give effect to determination on a tender exercise).]

(10)In this section “relevant licence holder”—

(a)in relation to the modification of standard conditions of licences of any type, means the holder of a licence of that type—

(i)which is to be modified by the inclusion of any new standard condition, or

(ii)which includes any standard conditions to which the modifications relate which are in effect at the time specified by virtue of subsection (2)(d); or

(b)in relation to the modification of a condition of a particular licence (other than a standard condition), means the holder of that particular licence.]]

Textual Amendments

F2S. 11A inserted (16.5.2001 for certain purposes and otherwise 1.10.2001) by 2000 c. 27, s. 35; S.I. 2001/1781, art. 2, Sch. (subject to transitional provisions in arts. 3-10); S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20)

F3S. 11A(1)-(4A) and heading substituted for s. 11A(1)-(4) and heading (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 43(4) (with reg. 44)

F8S. 11A(6)-(10) substituted for s. 11A(6)-(11) (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 43(6) (with reg. 44)

[F1111AAModification of conditions under section 11A: early effective dateE+W+S

(1)The date specified by virtue of section 11A(8) in relation to a modification under that section may be less than 56 days from the publication of the decision to proceed with the making of the modification if—

(a)the Authority considers it necessary or expedient for the modification to have effect before the 56 days expire,

(b)the purpose condition is satisfied,

(c)the consultation condition is satisfied, and

(d)the time limit condition is satisfied.

(2)The purpose condition is that the Authority considers the modification necessary or desirable for purposes described in section 11(2) of the Smart Meters Act 2018 (enabling or requiring half-hourly electricity imbalances to be calculated using information about customers' actual consumption of electricity on a half-hourly basis).

(3)The consultation condition is that the notice under section 11A(2) relating to the modification—

(a)stated the date from which the Authority proposed that the modification should have effect,

(b)stated the Authority's reasons for proposing that the modification should have effect from a date less than 56 days from the publication of the decision to modify, and

(c)explained why, in the Authority's view, that would not have a material adverse effect on any licence holder.

(4)The time limit condition is that the specified date mentioned in subsection (1) falls within the period of 5 years beginning on the day on which section 11 of the Smart Meters Act 2018 comes into force.]

Textual Amendments

[F1211BModification of conditions under section 11A: supplementaryE+W+S

(1)Subsections (2) and (3) apply where at any time the Authority modifies the conditions of licences of any type under section 11A.

(2)If the conditions modified are standard conditions, the Authority must—

(a)also make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that type granted after that time, and

(b)publish the modifications in such manner as it considers appropriate for the purpose of bringing them to the attention of persons likely to be affected by the making of the modifications.

(3)The Authority may make such incidental or consequential modifications of any conditions of licences of any type as it considers necessary or expedient.

(4)The modification of part of a standard condition of a particular licence under section 11A does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Part.

(5)The modification of a condition of a licence under this section has effect subject to the giving of a direction under paragraph 2 of Schedule 5A in relation to the decision to which the modification relates.]

Textual Amendments