123Modification of conditions of Northern Ireland electricity licencesN.I.
(1)In Part 7 of the Energy (Northern Ireland) Order 2003 (renewable energy sources), after Article 58 insert—
“58AModifications of licences in connection with Energy Act 2004
(1)Where the Department or the Authority considers it necessary or expedient to do so in connection with—
(a)amendments of this Order made by section 120 of the Energy Act 2004, or
(b)provision made by an order under Article 56 to take account of amendments of the Electricity Act 1989 made by Chapter 4 of Part 2 of that Act of 2004,
it may modify the conditions of an electricity licence.
(2)The power to make modifications under this Article includes power to make incidental, consequential or transitional modifications.
(3)Before making a modification of a licence condition under this Article the Department shall consult the Authority and the licence holder.
(4)Before making a modification of a licence condition under this Article the Authority shall—
(a)consult the licence holder; and
(b)obtain the consent of the Department to the modification.
(5)Paragraphs (3) and (4)(a) may be satisfied by consultation—
(a)that, in the case of a modification within paragraph (1)(b), took place wholly or partly before the order in question comes into force; and
(b)that, in any case, took place wholly or partly before the commencement of this Article.
(6)Where the Department or the Authority makes any modifications under this Article it shall publish those modifications in such manner as it considers appropriate.
(7)The power conferred by virtue of paragraph (1)(a) may not be exercised after the end of the period of two years beginning with the commencement of this Article.
(8)The power conferred by virtue of paragraph (1)(b) may not be exercised in relation to an order under Article 56 after the end of the period of two years beginning with the day on which the order comes into force.”
(2)This section extends to Northern Ireland only.
Commencement Information
I1S. 123 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1