56FBANew licensable activities: load control of energy smart appliances

1

The Secretary of State may by regulations amend this Part so as—

a

to provide for one or more activities within subsection (2) to be added to the activities which are licensable activities, or

b

where regulations have previously been made under paragraph (a) in relation to an activity—

i

to amend the definition of the activity, or

ii

to provide for the activity to cease to be a licensable activity.

2

The activities within this subsection are activities connected with—

a

the carrying on or facilitating of load control;

b

the provision of services or facilities related to load control;

but not the activities mentioned in subsection (3).

3

The activities within this subsection are—

a

the provision of relevant electronic communications networks;

b

the making, selling, importing or distributing of energy smart appliances;

c

things done by end-users of energy smart appliances (in their capacity as such).

4

Regulations under subsection (1)(a) may define activities which are to become licensable activities in any manner the Secretary of State considers appropriate, including—

a

by reference to the purpose for which an activity is carried out; and

b

by reference to the position of an activity in a sequence of activities necessary to secure a particular outcome.

5

Regulations under this section may make consequential, transitional, incidental or supplementary provision, including—

a

amendments (or repeals) of any provision of this Act or any other enactment, including any enactment comprised in, or an instrument made under, an Act of the Scottish Parliament;

b

in the case of regulations under subsection (1)(a), provision determining the conditions which are to be standard conditions for the purposes of licences authorising the undertaking of the activities;

c

provision modifying any standard conditions of licences.

6

Transitional provision under subsection (5) may in particular include provision about persons already undertaking activities that are to become licensable activities by virtue of subsection (1)(a), such as provision—

a

about the application to such persons of section 4(1);

b

about the granting of licences to such persons.

7

Regulations under this section may, in particular, also make provision—

a

for licences to authorise the holder to carry out the licensable activities in any area, or only in an area specified in the licence;

b

enabling the terms of the licence to be modified so as to extend or restrict the area in which the licence holder may carry on the licensable activities;

c

specifying that a licence, and any modification of a licence, must be in writing;

d

for a licence, if not previously revoked, to continue in force for such period as may be specified in or determined by or under the licence;

e

conferring functions on the Secretary of State or the Authority.

8

In this section, “energy smart appliance”, “load control” and “relevant electronic communications network” have the same meaning as in Part 8 of the Energy Act 2023.

56FBBRegulations under section 56FBA

1

Before making regulations under section 56FBA, the Secretary of State must consult—

a

the Authority, and

b

such other persons as the Secretary of State thinks appropriate.

2

Subsection (1) may be satisfied by consultation before, as well as by consultation after, the passing of this Act.

3

The power to make such regulations may not be exercised after the end of a period of seven years beginning with the day on which the first such regulations come into force (for any purpose).

4

Regulations under section 56FBA may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by resolution of, each House of Parliament.